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HomeMy WebLinkAbout20110766 Ver 1_401 Application_20110811201 1 0766 Asheville Regulatory Field Office US Army Corps of Engineers Natural Resource Restoration & Conservation August 16, 2011 AUG rm f-= 1 6 2011 UENR - WATER QUALITY YY@TtAN AW s> TERWA h 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 TM X 11 ATTENTION: Tashia McCormick, Regulatory Project Manager'- N c ' the Implementation of the SUBJECT: Application for Nationwide 27 Authorization for Herman Dairy Stream and Wetland Restoration Project in Alexander County p c Please find enclosed with this letter the following items: 1) Preconstruction Notification (PCN) Form (5 copies to DWQ); 2) Conservation easement plat (5 copies to DWQ); 3) Detailed Mitigation Plan (5 copies to DWQ), including Jurisdictional Determinations 4) Final Construction Plans (5 copies to DWQ) 5) Restoration Plan Approval Letter from NCEEP (5 copies to DWQ); 6) Letter from SHPO 7) Categorical Exclusion (5 copies to DWQ) Project Purpose and Description The purpose of the Herman Dairy Stream and Wetland Restoration Project (HDSWRP) is to assist the North Carolina Ecosystem Enhancement Program (NCEEP) in fulfilling its mitigation goals in the Catawba River Basin Cataloging Unit 03050101. The site is located within 14-digit Cataloging Unit and Targeted Local Watershed 03050101120030 approximately 1.5 miles northwest of Taylorsville in central Alexander County. The site lies within the Northern Inner Piedmont physiographic province of North Carolina. The landscape in the vicinity of the site is dominated by farm fields and forest stands; less than 10% of the land is impervious. The site encompasses 34.7 acres (31.12 acres of final easement) of agricultural land historically used for row crop production. This same land is used for the spray-application of sludge from a nearby cattle waste lagoon associated with a dairy cattle operation. Streams within the site have been relocated, ditched and straightened. Riparian and non-riparian hydric soils have been cleared and drained. Due to these historical and on-going actions, the site is an excellent candidate for stream and wetland restoration/enhancement. Axiom Environmental (AE) is managing technical soil, drainage and site design evaluations on behalf of Restoration Systems, LLC (RS). Their efforts have resulted in the completion of the attached Mitigation Plan (February 2011) and the attached full construction designs (in collaboration with the Sungate Design Group. N O Pilot Mill • 1101 Haynes St., Suite 211 • Raleigh, NC 27604 • www.restorationsystems.com • Phone 919.755.9490 9 Fax 919.755.9492 Tashia McCormick, USACE August 15, 2011 Page 2 The primary goals of this stream and wetland restoration project focus on improving water quality, enhancing flood attenuation, and restoring wildlife and aquatic habitat. See the enclosed Mitigation Plan for considerable detail on how these goals will be accomplished. The work will result in the restoration of almost 4,800 linear feet and enhancement of almost 500 linear feet of stream channel. Additionally, more than 7 acres of riparian more than 1 acre of non-riparian wetlands will be restored, while > 2 acres of riparian wetland will be enhanced. Protected Species Based on the most recently updated (September 2010) county-by-county database of federally listed species in North Carolina posted by the USFWS at http://nc-es.fws.gov/es/countyfr.html, only three federally listed species are known for Alexander County. The following table lists the three species and indicates if suitable habitat exists within the site for each. Federallv Protected Species for Onslow Co Habitat Common Name Scientific Name Status* Present Biological Within Conclusion Site Vertebrates Bald eagle Haliaeetus leucocephalus BGPA No No Effect Bo turtle Clemm s muhlenber ii T S/A No N/A Dwarf-flowered heartleaf Hexastylis naniflora T No No Effect *T (Threatened = a taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range"); T S/A (Threatened (S/A) = a species that is threatened due to similarity of appearance with other rare species and is listed for its protection; these species are not biologically endangered or threatened and are not subject to Section 7 consultation.) The closest suitable habitat for the bald eagle is over six miles away. The bog turtle in North Carolina is not subject to Section 7 or Section 9 protection, because the North Carolina population is a proxy for protection of the northern population of the bog turtle. Finally, no suitable habitat for dwarf-flowered heartleaf occurs within the site. Cultural Resources Evaluations of significance are made with reference to the eligibility criteria of the National Register (36 CFR 60) and in consultation with the North Carolina State Historic Preservation Office (SHPO). RS submitted a letter to the State Historic Preservation Office (SHPO) on July 29, 2010, requesting a search be conducted of archival records for the site. SHPO responded on August 31, 2010 that no known recorded historical resources occur within the site and they would have no further comment. This documentation provides confirmation that the project is in compliance Tashia McCormick, USACE August 15, 2011 Page 3 with Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Your time and consideration in reviewing the enclosed material is greatly appreciated. Your assistance in expediting your review and approval is respectfully requested so that RS can meet its construction and planting schedules (construction is schedule to begin in mid-late September 2011). Should you have any questions about the project, please call me at 919-334-9114. Thank you. Sincerely, Worth Creech Restoration Systems, LLC 1101 Haynes Street, Suite 211 Raleigh, NC 27604 cc: Ian McMillan, NCDWQ (5 copies) Enclosures N v J 1 ' I i Herman Dairy Site Location - -Access from Three Forks Ch. Rd. t L ( • . ? I 1, ;. I ?I 1 l R " 4 _ Latitude 35931617 - ( « _ Longitude -81.206949 - ) (NAD83/WGS84) }z , 4 1 <, ., ^ : r: R , , r Z Watt . nsII4R 91L?no. _ - - . . G ?_ -_-• - _. ` f i l Access Site from I II 'O , ry Thr e - t Driveway on orkS 7 I , Three Forks Rd. t _ y 1 aI8i8 U sl NC 9Q-1 F _ ? .. .. _ . i • , ,. J Reference Reach 1 ?' •i / 4' J. • 7 From the Town of Statesville _ - From Interstate 40 take exit 148 onto NC 64 north - - Travel - 17 miles on NC 64 north and turn north (right) on _ :., .. NC 16 (towards Taylorsville) , - Travel - 1 mile and turn west (left) on NC 90 - Travel - 1.5 miles and turn right on Three Forks Ch. Road 0 0.375 0.75 1.5 - Travel -2 miles and Site is on right Miles Axiom Environmental 218 Snow Avenue Raleigh, NC 27603 HERMAN DAIRY STREAM AND WETLAND MITIGATION SITE Dwn. By: WGL Date: Dec 2010 FIGURE (919) 215-1693 SITE LOCATION Project: a??=,vironmw[al•Inc• Alexander County, North Carolina 1 10-016 1 1 _J N ALLEGHANY ASHE SURRY Site Location in 14-Digit Hydrologic Unit 03050101120030 a Targeted Local Watershed DKI AVERY WILKES MITCHELL ) ' S WELL J 2 ,.? LEXANDER f( - YANCEY f) IREDELL BU MCD NN CATAWBA t ` j" A ! c f' BUNCOMB ? LINC N ENDE RUTHERFORD CLEVELAND! POLK GASTON } ECKI?iNBURG Legend Herman Dairy Site ® Hydrologic Unit 03050101 14 Digit HU 03050101120030 0 5 10 20 Emonolzz= Miles Axiom Environmental 218 Snow Avenue Ilk Raleigh, NC 27603 HERMAN DAIRY STREAM AND WETLAND MITIGATION SITE Dwn. By: WGL Date: Oct 2010 FIGURE 2 (919) 215-1693 HYDROLOGIC UNIT MAP Project: ^.i fi,i nme rai, int. Alexander County, North Carolina 10-016 201 10768 O?OF W A7?9QG 1 1 > -, Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre-Construction Notification (PCN) Form A. Applicant information ,x" 15 1. Processing 1a. Type(s) of approval sought from the Corps: ® Section 404 Permit ? Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? T o Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes © No For the record only for Corps Permit: ? Yes ® No If. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: Herman Dairy Stream & Wetland Mitigation Project 2b. County: Alexander 2c. Nearest municipality / town: Taylorsville 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: State of North Carolina 3b. Deed Book and Page No. Deed Book 547, Page No. 0409 3c. Responsible Party (for LLC if applicable): John Preyer, (Operations Manager) 3d. Street address: 1101 Haynes St., Suite 211 3e. City, state, zip: Raleigh, NC, 27604 3f. Telephone no.: 919-755-9490 3g. Fax no., 919-755-9492 3h. Email address: jpreyer@restorationsystems.com Page 1 of 10 PCN Form - Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ? Other, specify: 4b. Name: M. Randall Turner 4c. Business name (if applicable): 4d. Street address: 320 Wooduck Court 4e. City, state, zip: Reidsville, NC 27320 4f. Telephone no.: 336-342-7488 4g. Fax no.: N/A 4h. Email address: randy@restorationsystems.com 5. Agent/Consultant Information (if applicable) 5a. Name: Grant Lewis 5b. Business name (if applicable): iom nvironmental, Inc. 5c. Street address: 218 Snow Avenue 5d. City, state, zip: Raleigh, NC 27603 5e. Telephone no.: 919-215-1693 5f. Fax no.: N/A 5g. Email address: glewis@axiomenvironmental.org Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): PIN= 3840 72 0078 1 b. Site coordinates (in decimal degrees): Latitude: 35.93162N Longitude: 81.20695W 1c. Property size: 31.12 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Muddy Fork then to Lower little River 2b. Water Quality Classification of nearest receiving water: Muddy Fork is a C classification 2c. River basin: Catawba 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Site is approximately 34.7 acres, of which 31.12 acres will comprise the conservation easement. All +/- 35 acres are occupied by intensely farmed fields. Land-use of the vicinity is rural agricultural and residential with wood lots. 3b. List the total estimated acreage of all existing wetlands on the property: 2.3 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 7,296 3d. Explain the purpose of the proposed project: Stream/wetland enhancement an restoration will be implemented to achieve the desirable mi " ation un' s in su ort of NCEEP's miti ation oals ' 3e. Describe the overall project in detail, including the type of equipment to be used: See f?fx The primary ob'ectives of this restoration ro'ect are to remove non-point sources of pollution cessation of spraying sludge effluent onto row crops, a 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ? Yes ® No ? Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ? Preliminary ? Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ? Yes ?X No ? Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. Page 3 of 10 PCN Form - Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ® Streams - tributaries ? Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWO (401, other) 2f. Area of impact (acres) W1 P 0 Fill Headwater Wetland 0 No 0 Corps 0 0.125 W2 P ( Fill Q Headwater Wetland Q No Q Corps O 0.021 W3 P 4 Fill ® Headwater Wetland O No Q Corps 4 0.016 W4 P ® Fill Q Headwater Wetland Q No O Corps ® 0.252 W5 0 O 0 0 O W6 0 O 0 0 O 2g. Total Wetland Impacts: 0.414 2h. Comments: Note that wetland impacts result from filling ditches that have removed a lot of hydrology from the wetland areas. Filled wetlands are herbaceous due to maintenance of ditch zones 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P 0 Fill 0 UTi PER O Corps 0 8 1829 S2 P 0 Fill O UT2 PER 0 Corps 0 3 1633 S3 P ® Fill ® UT3 INT 0 Corps O 4 1114 S4 P 0 Fill 0 UT4 PER 0 Corps ® 6 1483 S5 Q O Q O S6 0 O C1 O 3h. Total stream and tributary impacts so59 31. Comments: Page 4 of 10 PCN Form - Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individual) list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary 4b. Name of waterbody (if applicable 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 O O O 02 O O O 03 O O O 04 O O O 4f. Total open water Impacts 4g. Comments: N/A 6. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 O P2 O 5f. Total: 5g. Comments: N/A 5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation. then ou MUST fill out Section D of this form. 6a. Project is in which protected basin? ? Neuse ? Tar-Pamlico ? Catawba ? Randleman ? Other: 6b. Buffer Impact number - Permanent (P) or Temporary 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet 6g. Zone 2 impact (square feet B1 O O B2 O O B3 O O B4 O O B5 O O B6 O O 6h. Total Buffer Impacts: 6i. Comments: N/A Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Site streams and wetlands were extremely impaired due to past practices; therefore any attempt to properly restore these aquatic resources to full functionality would have to impact the resources so avoidance was not a practicable alternative. Minimization measures were taken in the decisions to remove only minor amounts of larger woody plants. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. During construction, no double handling of materials will occur in wetlands. Equipment operators will be required to limit the range of their activities to minimize impacts to land areas beyond the slope stake Limits of project. The overall effort, while impacting stream channels and wetland areas, will result in increases in functionality of both resources. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? 0 Yes ® No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank ? Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete If Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: 0 Type: D Type: 0 Quantity: Quantity: Quantity: 3c. Comments: N/A 4. Complete If Makin a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: 0 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: N/A 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form - Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires Yes ® No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). N/A 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes ? No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0% 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: There are no impervious areas within the site and none will be constructed. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? NIA 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? NIA [] Phase ti [] NSW 3b. Which of the following locally-implemented stormwater management programs ? USMP apply (check all that apply): ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been []Yes ? No attached? 4. DWQ Stormwater Program Review []Coastal counties []HQW 4a. Which of the following state-implemented stormwater management programs apply ?ORW (check all that apply): []Session Law 2006-246 []Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ® Yes ? No Page 8 of 10 PCN Form - Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the 0 Yes ? No use of public (federal/state) land? 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State M Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval Yes No letter.) A federal programmatic categorical exclusion was prepared in accordance with Comments: guidance from the FHWA. See enclosure. 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ?Yes ®No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ? Yes ®No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in OYes © No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from N the proposed project, or available capacity of the subject facility. it ill b t fl f h d i O o san ary sewage w e genera e on s ow rom t te. ut e site will be of s ormwater, which will be via non-erosive surface f lows. Page 9 of 10 PCN Form - Version 1.4 January 2009 S. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act O Yes ® No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? List of species provided by USFWS. Evaluation of the site to determine if suitable habitat exists within site and beyond (i.e., for bald eagle)/ 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Project is located in a small drainage of the Catawba River Basin in Alexander County. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation 0 Yes ®No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Coordination with NCSHPO. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? M. Randall Turner c ID, m.?? August 17 2011 Applicant/Agent's Printed Name Applican Agent's Signature , Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 Appendix 1 Re: Section 3e Page 3 of 10 Describe the overall project in detail, including the type of equipment to be used: The primary objectives of this restoration project are to remove non-point sources of pollution by cessation of spraying sludge effluent onto row crops, application of fertilizers and agricultural chemicals onto site. All farming operations will cease. Restoration (and enhancement) of site streams and wetlands will reduce sedimentation within the site and downstream receiving waters. Erosion will diminish through bank stabilization, reestablishing stream stability and the capacity to transport watershed flows and sediment loads through reestablishment of stable dimension, pattern and profile supported by natural in-stream habitat and grade/bank stabilization structures. Reconnecting bankfull stream flows to the abandoned floodplain and re-vegetation of floodplains and wetlands to stabilize, remove particulates and nutrients. Among the equipment to be used will be: tracked hoes, dump trucks, and dozers. 9 i ? fit t Im-0 rr?0?0?EEeEatl:?r?t4liaE °SaSli?#Ti< g S !T S ? g a 11 ° ? 9. e e ; e o o a . . o o . Hot it, 1e?} 1 C i £E££ Y £8£££ _ C€ I Gu li z? H E"Fs i? Z W 11 t-oQ ?acc e o 00 14 ZWzo J ? W I(?? 4 0 sill Z 1 441 r All, Its I o w I I ? b !! e i k ll QiQ $ 4? 4 4? I m 1 r ° yy A= - '4 mu ? - C g aZ ? 3 o ° e c? nAiea ?? 01 $? mn Gav r 4? 0 b z ? HZ o A? 9 ? i ; ? ! ? ?; ? 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O IAI A. 111 ins MITIGATION PLAN HERMAN DAIRY STREAM AND WETLAND RESTORATION SITE Alexander County, North Carolina Full Delivery Contract No. 003271 Catawba River Basin Cataloging Unit and Targeted Local Watershed 03050101120030 Prepared for: r ? ?1 f Mm f4, 1,?1I n 1ent NCDENR-Ecosystem Enhancement Program 2728 Capital Boulevard, Suite 1H 103 Raleigh, North Carolina 27604 February 2011 MITIGATION PLAN HERMAN DAIRY STREAM AND WETLAND RESTORATION SITE Alexander County, North Carolina Full Delivery Contract No. 003271 Catawba River Basin Cataloging Unit and Targeted Local Watershed 03050101120030 Prepared for: AaVAt PRUGRAM NCDENR-Ecosystem Enhancement Program 2728 Capital Boulevard, Suite 1H 103 Raleigh, North Carolina 27604 Prepared by: And Natun - Re'storation& Comma 011 Restoration Systems, LLC 1101 Haynes Street, Suite 211 Raleigh, North Carolina 27604 Contact: Worth Creech 919-755-9490 (phone) 919-755-9492 (fax) Axiom Environmental, Inc. Axiom Environmental, Inc. 218 Snow Avenue Raleigh, North Carolina 27603 Contact: Grant Lewis 919-215-1693 (phone) February 2011 EXECUTIVE SUMMARY The Herman Dairy Stream and Wetland Mitigation Site (Site) is located approximately 1.5 miles northwest of Taylorsville, in central Alexander County within 14-digit Cataloging Unit and Targeted Local Watershed 03050101120030 of the Catawba River Basin. The Site encompasses approximately 32 acres of agricultural land used for row crop production and the spray application of sludge from a lagoon associated with a dairy cattle operation. The Site was identified to assist the North Carolina Ecosystem Enhancement Program (NCEEP) in meeting its stream and wetland restoration goals. This document details planned stream and wetland restoration activities. The Site is encompassed within one parcel owned by the Herman Family. The Site is situated in the floodplain of Muddy Fork encompassing portions of three unnamed tributaries to Muddy Fork. The Site has been cleared of native forest vegetation, streams have been relocated, ditched, and straightened, and groundwater hydrology has been lowered due to entrenchment of Site streams. Based on preliminary analyses, the Site is best suited for the removal of agricultural practices, restoration and enhancement of Site streams, restoration of groundwater hydrology to drained riparian and nonriparian hydric soils by restoring streams to the historic floodplain elevations and filling ditches, and revegetation with native, forest communities. This project is located within a Targeted Local Watershed that has been identified for of stream and buffer restoration opportunities (NCEEP 2009). Existing Site streams are impaired as indicated by declines in fish and benthic bioclassification scores resulting from degraded or nonexistent buffers and sediment inputs from unstable streambanks, in-stream sediment mining, and agricultural practices (NCEEP 2009, NCDWQ 2010a). The primary goals of this stream and wetland restoration project focus on improving water quality, enhancing flood attenuation, and restoring wildlife habitat and will be accomplished by the following. 1. Removing nonpoint sources of pollution associated with agricultural production including a) cessation of broadcasting sludge, fertilizer, pesticides, and other agricultural materials into and adjacent to Site streams/wetlands and b) restoration of a forested riparian buffer adjacent to streams and wetlands to treat surface runoff. 2. Reducing sedimentation within onsite and downstream receiving waters through a) reduction of bank erosion, vegetation maintenance, and plowing to Site streams and wetlands and b) restoration of a forested riparian buffer adjacent to Site streams and wetlands. 3. Reestablishing stream stability and the capacity to transport watershed flows and sediment loads by restoring stable dimension, pattern, and profile supported by natural in- stream habitat and grade/bank stabilization structures. 4. Promoting floodwater attenuation by a) reconnecting bankfull stream flows to the abandoned floodplain, b) restoring secondary, entrenched tributaries thereby reducing floodwater velocities within smaller catchment basins, c) restoring depressional floodplain wetlands to increase the floodwater storage capacity within the Site, and d) Mitigation Plan (Contract No. 003271) Executive Summary page i Herman Dian, Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina revegetating Site floodplains to increase frictional resistance on floodwaters crossing Site floodplains. 5. Improving aquatic habitat by enhancing stream bed variability and the use of in-stream structures. 6. Providing a terrestrial wildlife corridor and refuge in an area extensively developed for agricultural production. 7. Restoring and reestablishing natural community structure, habitat diversity, and functional continuity. 8. Enhancing and protecting the Site's full potential of stream and wetland functions and values in perpetuity. These goals will be achieved by the following. • Restoring approximately 4686 linear feet of stream channel through construction of stable channel at the historic floodplain elevation. • Restoring approximately 110 linear feet of braided stream channel by redirecting diffuse flow across riparian wetlands. • Enhancing (Level I) approximately 468 linear feet of stream channel through cessation of current land use practices, removing invasive species, and planting with native forest vegetation. • Restoring approximately 7.2 acres of riparian wetland by removing spoil castings, restoring stream inverts to historic elevations to rehydrate stream-side wetlands, filling ditches and abandoned channels, eliminating land use practices, and planting with native forest vegetation. • Enhancing approximately 2.2 acres of riparian wetland by filling ditches/abandoned channels and supplemental planting. • Restoring approximately 1.2 acres of nonriparian wetland by removing spoil castings, filling abandoned ditches to rehydrate slope wetlands, eliminating land use practices, and planting with native forest vegetation. • Enhancing approximately 0.1 acres of riparian wetland through supplemental plantings. • Revegetating floodplains and slopes adjacent to restored streams and wetlands. • Protecting the Site in perpetuity with a conservation easement. This mitigation plan has been written in conformance with the requirements of the following documents, which govern NCEEP operations and procedures for the delivery of compensatory mitigation. • Federal rule for compensatory mitigation project sites as described in the Federal Register Title 33 Navigation and Navigable Waters Volume 3 Chapter 2 Section § 332.8 paragraphs (c)(2) through (c)(14). • NCDENR Ecosystem Enhancement Program In-Lieu Fee Instrument signed and dated July 28, 2010. Mitigation Plan (Contract No. 003271) Executive Summary page ii Herman Diary Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County; North Carolina This document represents a detailed restoration plan summarizing activities proposed for the Site. The plan includes 1) descriptions of existing conditions; 2) reference stream, wetland, and forest studies; 3) restoration plans; and 4) monitoring and success criteria. Upon approval of this plan by the NCEEP, engineering construction plans will be prepared and activities implemented as outlined. Proposed restoration activities may be modified during the design stage to address constraints such as access issues, sediment-erosion control measures, drainage needs (floodway constraints), or other design considerations. Mitigation Plan (Contract No. 003271) Executive Summary page iii Herman Diary Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina TABLE OF CONTENTS EXECUTIVE SUMMARY ....................................................................................................... I 1.0 PROJECT SITE IDENTIFICATION AND LOCATION ................................................1 1.1 DIRECTIONS TO PROJECT SITE ............................................................................................1 1.2 USGS HYDROLOGIC UNIT CODE AND NCDWQ RIVER BASIN DESIGNATION ......................1 1.3 PROJECT COMPONENTS AND STRUCTURE ............................................................................1 2.0 WATERSHED CHARACTERIZATION .........................................................................4 2.1 DRAINAGE AREA ............................................................................................................... 4 2.2 SURFACE WATER CLASSIFICATION/WATER QUALITY ......................................................... 5 2.3 PHYSIOGRAPHY, GEOLOGY, AND SOILS .............................................................................. 5 2.4 HISTORICAL LAND USE AND DEVELOPMENT TRENDS .......................................................... 6 2.5 PROTECTED SPECIES .......................................................................................................... 7 2.6 CULTURAL RESOURCES ...................................................................................................... 9 2.7 POTENTIAL CONSTRAINTS .................................................................................................. 9 2.7.1 Property Ownership and Boundary .......................................................................... 9 2.7.2 Site Access .............................................................................................................. 9 2.7.3 Utilities ................................................................................................................... 9 2.7.4 FEMA/Hydrologic Trespass .................................................................................... 9 3.0 PROJECT SITE STREAMS (EXISTING CONDITIONS) ...........................................10 3.1 EXISTING CONDITIONS SURVEY .......................................................................................10 3.2 CHANNEL CLASSIFICATION AND MORPHOLOGY ................................................................11 3.3 CHANNEL EVOLUTION .....................................................................................................1 1 3.4 VALLEY CLASSIFICATION .................................................................................................1 1 3.5 DISCHARGE .....................................................................................................................11 3.6 CHANNEL STABILITY ASSESSMENT ..................................................................................14 3.6.1 Stream Power .....................................................................................................14 3.6.2 Shear Stress .......................................................................................................14 3.6.3 Stream Power and Shear Stress Methods and Results .........................................15 3.7 BANKFULL VERIFICATION ................................................................................................17 3.8 VEGETATION ...................................................................................................................18 4.0 REFERENCE STREAMS ...............................................................................................18 4.1 CHANNEL CLASSIFICATION ..............................................................................................19 4.2 DISCHARGE .....................................................................................................................19 4.3 CHANNEL MORPHOLOGY .................................................................................................19 5.0 PROJECT SITE WETLANDS (EXISTING CONDITIONS) ........................................20 5.1 EXISTING JURISDICTIONAL WETLANDS .............................................................................20 5.2 HYDROLOGICAL CHARACTERIZATION ..............................................................................20 5.3 SOIL CHARACTERIZATION ................................................................................................20 5.3.1 Taxonomic Classification ......................................................................................20 5.3.2 Profile Description ................................................................................................20 Mitigation Plan (Contract No. 003371) Table of Contents page i Herman Diary Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina 5.4 PLANT COMMUNITY CHARACTERIZATION .........................................................................21 6.0 REFERENCE FOREST ECOSYSTEM ..........................................................................21 7.0 PROJECT SITE RESTORATION PLAN ......................................................................22 7.1 RESTORATION PROJECT GOALS AND OBJECTIVES .............................................................22 7.2 STREAM DESIGN ..............................................................................................................23 7.2.1 Designed Channel Classification ...........................................................................23 7.2.2 Target Wetland Communties/Buffer Communities ................................................24 7.3 STREAM RESTORATION .............................................................................................24 7.4 STREAM ENHANCEMENT (LEVEL 11) ..........................................................................26 7.5 SEDIMENT TRANSPORT ANALYSIS ....................................................................................27 7.6 HEC RAS ANALYSIS .......................................................................................................27 7.7 HYDROLOGICAL MODIFICATIONS (WETLAND RESTORATION AND ENHANCEMENT) ............ 27 7.8 SOIL RESTORATION ..........................................................................................................28 7.9 NATURAL PLANT COMMUNITY RESTORATION ..................................................................28 7.9.1 Planting Plan .........................................................................................................28 7.9.2 Nuisance Species Management .............................................................................29 8.0 PERFORMANCE CRITERIA ........................................................................................29 8.1 STREAMS ......................................................................................................................... 30 8.1.1 Stream Success Criteria ......................................................................................... 30 8.1.2 Stream Contingency .............................................................................................. 31 8.2 WETLANDS ...................................................................................................................... 31 8.2.1 Wetland Success Criteria ....................................................................................... 32 8.2.2 Wetland Contingency ............................................................................................ 32 8.3 VEGETATION ................................................................................................................... 32 8.3.1 Vegetation Success Criteria ................................................................................... 32 8.3.2 Vegetation Contingency ........................................................................................ 33 8.4 SCHEDULING AND REPORTING .......................................................................................... 33 9.0 REFERENCES .................................................................................................................34 Mitigation Plan (Contract No. 003271) Table of Contents page ii Herman Diary Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina TABLES Table 1. Project Components and Mitigation Credits ............................. Table 2. Project Activity and Reporting History .................................... Table 3. Project Contacts Table .............................................................. Table 4. Project Attribute Table .............................................................. Table 5. Site Soils ................................................................................... Table 6. Watershed Land Use ................................................................. Table 7. Federally Protected Species for Alexander County .................. Table 8. Morphological Stream Characteristics ...................................... Table 9. Stream Power (Q) and Shear Stress (T) Values ........................ Table 10. Reference Reach 1 Bankfull Discharge Analysis ................... Table 11. Reference Forest Ecosystem ................................................... Table 12. Planting Plan ........................................................................... APPENDICES Appendix A. Figures Figure 1. Site Location Figure 2. Hydrologic Unit Map Figure 3A-B. Topography and Drainage Area Figure 4. Existing Conditions Figure 5A. Reference Site 1 Vicinity Map Figure 5B. Reference Site 1 Watershed Figure 5C. Reference Site 1 Existing Conditions Figure 5D. Reference Reach 1 Dimension, Pattern, and Profile Figure 6. Restoration Plan Figure 7. Typical Structure Details Figure 8. Proposed NCWAM Wetland Types Figure 9. Planting Plan Appendix B. Existing Stream Data Figure Bl. Existing Stream Cross-section Locations Existing Stream Data Appendix C. Flood Frequency Analysis Data Appendix D. Jurisdicitonal Determination Information Appendix E. Performance Bond ....................................... 2 ....................................... 3 ....................................... 3 ....................................... 4 ....................................... 6 ....................................... 6 ....................................... 7 ................................ 12-17 ..................................... 17 ..................................... 18 ..................................... 22 ..................................... 29 Mitigation Plan (Contract No. 003271) Table of Contents page iii Herman Diary Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina 1.0 PROJECT SITE IDENTIFICATION AND LOCATION The Herman Dairy Restoration Site (Site) is located approximately 1.5 miles northwest of Taylorsville, in central Alexander County (Figure 1, Appendix A). The Site is situated northeast of Three Forks Church Road on the north bank of Muddy Fork. This document details planned stream and wetland restoration activities at the Site. A 32-acre conservation easement will be placed on the Site to incorporate all mitigation activities. The Site contains 10.6 acres of hydric soil, three unnamed tributaries (UTs) to Muddy Fork, associated floodplains, and upland slopes. 1.1 Directions to Project Site Directions to the Site from Statesville, North Carolina: ? From Interstate 40 take exit 148 onto NC 64 north, travel - 17 miles Turn north (right) on NC 16 (towards Taylorsville), travel - 1 mile ? Turn west (left) on NC 90, travel - 1.5 miles ? Turn right on Three Forks Ch. Road, travel -2 miles ? Site is on right o Site Latitude, Longitude at access from Three Forks Church Road 35.931617°N, 81.206949°W (NAD83/WGS84) 1.2 USGS Hydrologic Unit Code and NCDWQ River Basin Designation The Site is located within the Catawba River Basin in 14-digit United States Geological Survey (USGS) Cataloging Unit and Targeted Local Watershed 03050101120030 of the South Atlantic/Gulf Region (North Carolina Division of Water Quality [NCDWQ] subbasin number 03-08-32) [Figure 2, Appendix A]). The Site is located on tributaries to Muddy Fork, which has been assigned Stream Index Number 11-69-4. 1.3 Project Components and Structure Proposed Site restoration activities include the construction of meandering, E/C-type stream channel resulting in 4686 linear feet of Priority I stream restoration, 110 linear feet of braided stream restoration, 468 linear feet of stream enhancement (Level I), 7.2 acres of riparian wetland restoration, 1.2 acres of nonriparian wetland restoration, 2.2 acres of riparian wetland enhancement, and 0.1 acres of nonriparian wetland enhancement (Table 1). Completed project activities, reporting history, completion dates, project contacts, and background information are summarized in Tables 2-4. Mitigation Plan (Contract No. 003271) page 1 Herman Diary Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina y L U C 0 CQ ^C C C, C O G U U a CC O L O A x H ° c 2 o • - y c ? -v •- ° • a ro 3 ? s '? aq ? 3 i J , _ ? "3 O y ?_ :C U ._. ? ? by ? .. > iC a •? cQ = U C y v? ? U v = o o'cs c c y c'? y c y o y r° CQ a+ oU c 04 > -C 6 > -0 -Z N '? G R :•, L ?, O L a "? O c y .? LO G' vi y $ ° > II. 7 v. C ^ . U C p a? , N i ^ M L -t:; CIE 0 04 CC C C L ca y y 'O cs ? y • O •L L O n ^ b G? y N U U p L c 5 ca ? _ y k? 0 cd C' . y CC V . . .- % O C C v? 'y 7 .O .J U .= 'k : G M y N I I 6 •"'^ C m CS c L ? y o y ac Q-.w `° ?s y? " o m N c n ? z Z C = ? O ? N . F„ O V- ? p b = bq U •.. c. U C O ,LU. C ? '. O cOC O=b7 v L N ` H r. •L _j j R1 L U C CI.? c'a bq c7 cyd s N f1. 11 U U CC a 'J ? C S ? U U ? CO ? = L O ..r bA CC ? a ,-• -- ? ^ N •-- rj 'O ? ? • h C ? N ? N •7 ? ate. p C ? ++ ?? a? ce 5 4 L b C r. O ? '. ^C a ?' ? R C ?' Qn GM V L GL V 0 0 7 O r 00 Ic N l\ N N N O 7J y •? C> L Q O tC •L ?i r+ ?+ G ? a. .•a U C C 0 L N C. = ? ? C C ? .- C O [? . ? ? E O E ? ? CA v e i ca ? ? cs c y ? o U cs o y ? :e R: o p • = o ? S ? t o w N N y y S ..+ = o ? ? 'f a i o > u v O L ` i > w N L Cr U O M Q cC L CC L +O+ d ? ° ? .. V? bU C L C 00 7 O N O > C •?• •e v ? .- y a+ w ? ? ry., C O • w [? ? O bA U c it 40 u V V ? J Q ? O. Q 0 0 0 S O a i n N M O 0 0 O r s 0 4 0 U s sz V 3 y Table 2. Project Activity and Reporting History Herman Dairy Restoration Site Activity or Deliverable Data Collection Complete Completion or Delivery Technical Proposal (RFP No. 16-002830) -- March 2010 EEP Contract No. 003271 -- July 23, 2010 Restoration Plan -- January 2011 Construction Plans Table 3. Project Contacts Table Herman Dairy Restoration Site Full Delivery Provider Restoration Systems 1101 Haynes Street, Suite 211 Raleigh, North Carolina 27604 George Howard and John Preyer 919-755-9490 Designer Axiom Environmental, Inc. 218 Snow Avenue Raleigh, NC 27603 Grant Lewis 919-215-1693 Mitigation Plan (Contract No. 003271) page 3 Herman Diary Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina Table 4. Project Attribute Table Herman Dairy Restoration Site Project County Alexander County, North Carolina Physio aphic Region Northern Inner Piedmont Ecoregion Carolina Slate Belt Project River Basin Catawba USGS HUC for Project (14 digit) 03050101120030 NCDWQ Sub-basin for Project 03-08-32 Identify planning area (LWP, RBRP, other)? Yes - Upper Catawba River Basin Restoration Priorities 2009 WRC Class (Warm, Cool, Cold) Warm % of project easement fenced or demarcated 100 Beaver activity observed during design base? Yes Unnamed Tributaries to Mudd Fork UT 1 UT 2 UT 3 Drainage Area 1.0 0.06 0.04 Stream Order (USGS to o) 2nd 1 st 1 st Restored Length (feet) 2156 1684 760 Perennial (P) or Intermittent (I) P P I Watershed Type Rural Rural Rural Watershed impervious cover <5% <5% <5% NCDWQ AU/Index number 11-69-4 11-69-4 11-69-4 NCDWQ Classification C C C 303d listed? No No No Upstream of a 303d listed Yes Yes Yes Reasons for 303d listed segment aquatic life/sediment aquatic life/sediment aquatic life/sediment Total acreage of easement 32 32 32 Total existing vegetated acreage of easement 8 8 8 Total planted restoration acreage 31.5 31.5 31.5 Rosgen Classification of preexisting Cd5 Fc5/6 Fc5/6 Rosgen Classification of As-built E/C 4/5 E/C 4/5 E/C 415 Valley type VIII VIII VIII Valley sloe 0.0066 0.0052 0.0013 Cowardin classification of proposed R3UB1/2 R3UB1/2 R4SB3/4 Trout waters designation NA NA NA Species of concern, endangered etc. NA NA NA Dominant Soil Series Codorus/Hatboro Codorus/Hatboro Codorus/Hatboro 2.0 WATERSHED CHARACTERIZATION 2.1 Drainage Area The Herman Dairy Restoration Site drainage area is 708 acres (1.1 square miles) at the Site outfall (Figures 3A-313, Appendix A). The Site watershed is characterized by agricultural production, narrow riparian corridors, and sparse residential development. Mitigation Plan (Contract No. 003271) page 4 Herman Diary Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina 2.2 Surface Water Classification/Water Quality The Site is located within the Catawba River Basin in 14-digit USGS Cataloging Unit 03050101120030 of the South Atlantic/Gulf Region (NCDWQ subbasin number 03-08-32) (Figure 2, Appendix A). The Site is located on tributaries to Muddy Fork, which has been assigned Stream Index Number 11-69-4, a Best Usage Classification of C, and is Fully Supporting its intended uses (NCDWQ 2010b). Streams classified as C are suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. Secondary recreation includes wading, boating, and other uses not involving human body contact with waters on an organized or frequent basis. Site streams are listed on the NCDWQ final 2010 Section 303(d) list of impaired streams in the state due to declines in the ecological and biological integrity of benthic communities and aquatic life (NCDWQ 2010a). 2.3 Physiography, Geology, and Soils The Site is located within the Northern Inner Piedmont ecoregion of North Carolina. This ecoregion is characterized by dissected irregular plains, low to high hills, ridges, and isolated monadnocks; low to moderate gradient streams with mostly cobble, gravel, and sandy substrates (Griffith 2002). Onsite elevations are moderately steep with a high of 1100 feet on slopes in the upper extents of the Site and a low of 1080 feet National Geodetic Vertical Datum (NGVD) at the Site outfall (Taylorsville, North Carolina USGS 7.5-minute topographic quadrangle). The Site is located within the Inner Piedmont Geologic Belt and is underlain primarily by metamorphic bedrock consisting of Mica and Schist. Site soils are primarily alluvium developed from Mica and Schist, and upstream Metamorphosed Granitic Rock. These soils are acidic in nature and greater than 5 feet in depth. Soils that occur within the Site, according to the Web Soil Survey (USDA 2010) are depicted in Figure 4 (Appendix A) and described in Table 5. Mitigation Plan (Contract No. 003271) page 5 Herman Diaty Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina Table 5. Site Soils Herman Dairv Restoration Site Soil Series Hydric Status Family Description This series consists of nearly level, somewhat poorly Codurus Class B Fluvaquentic drained soils on floodplains that are frequently flooded. loam Dystrodepts The seasonal high water table occurs at a depth of 0.5- 2.0 feet. Dan River Oxyaquic This series consists of well-drained, moderately and Comus Class B/ Dystrudepts/ permeable soils on floodplains with 0-4 percent slopes. soils Nonhydric Fluventic The seasonal high water table occurs at a depth of more Dystrude is than 2.5-5 feet. This series consists of nearly level, poorly drained soils Hatboro loam Class A Fluvaquentic in floodplain depressions that are frequently flooded. Endoaquepts The seasonal high water table occurs at the surface to a depth of 1 foot. Pfafftown Typic This series consists of well-drained soils on stream sandy loam Nonhydric Hapludults terraces with 2-6 percent slopes. The seasonal high water table occurs at a depth of more than 4 feet. `Class A = hydric soil; Class B = nonhydric soil that may contain inclusions of hydric soils 2.4 Historical Land Use and Development Trends The Site watershed is characterized primarily by agriculture with forest land in riparian corridors and upper headwater depressions, and low-density residential development scattered along roadways. Impervious surfaces account for less than 5 percent of the watershed land surface (Figure 3A, Appendix A and Table 6). It is anticipated that land uses will remain constant for the foreseeable future. There are currently no pressures from surrounding cities for development. Table 6. Watershed Land Use Herman Dairv Restoration Site Land Use Acres Percentage Forest 197 28 Pasture 454 64 Residential Development 57 8 Total 708 100 The Site 14-digit Cataloging Unit 03050101120030 is a 37-square mile watershed characterized by 41 percent agriculture, 47 percent forest, and includes 50 permitted animal operations (the most of any Targeted Local Watershed in the upper Catawba). Built up areas around Taylorsville contribute to an overall watershed impervious surface totaling 2.4 percent (NCEEP 2009). Mitigation Plan (Contract No. 003271) page 6 Herman Diary Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina ?'''_ Existing Site Land Use 2.5 Protected Species Species with a Federal classification of Endangered or Threatened are protected under the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.). The term "Endangered species" is defined as "any species which is in danger of extinction throughout all or a significant portion of its range," and the term "Threatened species" is defined as "any species which is likely to become an Endangered species within the foreseeable future throughout all or a significant portion of its range" (16 U.S.C. 1532). Based on the most recently updated county-by-county database of federally listed species in North Carolina as posted by the United States Fish and Wildlife Service (USFWS) at http://nc- es.fws.gov/es/countyfr.htmi, three federally protected species are listed for Alexander County. The following table lists the federally protected species and indicates if potential habitat exists within the Site for each. Table 7. Federally Protected Species for Alexander County Herman Dairv Rectnrntinn Site Habitat Common Name Scientific Name Status Present Biological Within Site Conclusion Vertebrates Bald eagle Haliaeetus leucocephalus BGPA No No Effect Bog turtle Clemmys muhlenbergii T (S/A) No Not Applicable Vascular Plants Dwarf-flowered heartleaf Hexastylis naniflora Threatened No No Effect cuuwIgcicu - a iaxun If ualiger of exunction inrougnout au or a sigmneant portion of its range' ; 1 hreatened =a taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range"; Threatened (due to Similarity of Appearance) = a species that is threatened due to similarity of appearance with other rare species and is listed for its protection. These species are not biologically endangered or threatened and are not subject to Section 7 consultation. Haliaeetus leucocephalus (bald eagle) BGPA Adult bald eagles are identified by their large white head, short white tail, and dark-brown to chocolate- brown body plumage. Immature eagles lack the white head plumage and have brown to black body plumage. In flight bald eagles can be identified by their flat wing soar. Adults average about 3 feet from head to tail, weigh approximately 10-12 pounds, and have a wingspan that can reach up to 7 feet. Fish are the major food source for bald eagles although bald eagles also consume a variety of birds, mammals, and turtles when fish are not readily available. Eagle nests are generally found in close proximity to water (within 0.5 mile) where the eagle has a clear flight path to the water. They generally nest in the largest living tree with an open view of the surrounding land. Human disturbance may cause an eagle to abandon otherwise suitable habitat. Mitigation Plan (Contract No. 003271) page 7 Herman Diary Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina Biological Conclusion: NO EFFECT Potential habitat for the bald eagle does not occur within or adjacent to the Site. The nearest open water which may serve as habitat for the bald eagle is approximately 6 miles to the south in Lake Hickory. The Site may serve as a fly over corridor for the bald eagle; however, the proposed project will have no effect on the bald eagle. Clemmys rnuhlenbergii (Bog turtle) Threatened due to Similarity of Appearance The bog turtle is a small turtle reaching an adult size of approximately 3 to 4 inches. This otherwise darkly-colored species is readily identifiable by the presence of a bright orange or yellow blotch on the sides of the head and neck (Martof et. al. 1980). The bog turtle has declined drastically within the northern portion of its range due to over-collection and habitat alteration. As a result, the USFWS officially proposed in the January 29, 1997 Federal Register (62 FR 4229) to list bog turtle as threatened within the northern portion of its range, and within the southern portion of its range, which includes North Carolina, the bog turtle is proposed for listing as threatened due to similarity of appearance to the northern population. The proposed listing would allow incidental take of bog turtles in the southern population resulting from otherwise lawful activity. The bog turtle is typically found in bogs, marshes, and wet pastures, usually in association with aquatic or semi-aquatic vegetation and small, shallow streams over soft bottoms (Palmer and Braswell 1995). In North Carolina, bog turtles have a discontinuous distribution in the Mountains and western Piedmont. Biological Conclusion: NOT APPLICABLE Bog turtle is listed as threatened due to similarity of appearance with another listed species and is listed for its protection. Taxa listed as T(S/A) are not biologically endangered or threatened and are not subject to Section 7 consultation. Hexastylis nanifZora (Dwarf-flowered heartleaf) Threatened The dwarf-flowered heartleaf is a small, spicy-smelling, rhizomatous perennial herb with long- stalked leaves and flowers. Leaves are heart-shaped, evergreen, leathery, and dark green above and paler below; the upper leaf surface is often patterned with pale green reticulate mottles. The leaves grow to about 2.4 inches long and form a dense, spreading rosette. The flowers, which appear in April and May, are solitary, flask-shaped, fleshy and firm, and have three triangular lobes. This species differs from related species by having smaller flowers with calyx tubes that narrow distally rather than broaden (Kral 1983). Dwarf-flowering heartleaf is found in acidic sandy loam on north-facing wooded slopes of ravines in the Piedmont of North and South Carolina. This species typically occurs in oak- hickory-pine forest where hydrologic conditions range from moist to relatively dry, but also may be present in adjacent pastured woodland. This species typically is found in moist duff at the bases of trees or mountain laurel (Kalmia latifolia) (Kral 1983). In North Carolina, dwarf- flowered heartleaf is known from a few southwestern Piedmont counties (Amoroso and Finnegan 2002). Mitigation Plan (Contract No. 003271) page 8 Herman Diaty Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina Biological Conclusion: NO EFFECT This project is not expected to affect mountain dwarf-flowered heartleaf because typical habitat is not present within the Site. No north-facing wooded slopes with oak-hickory forest are located within the project area. Designated Critical Habitat No designated critical habitat is documented to occur within Alexander County. 2.6 Cultural Resources Pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for compliance with Section 106 (36 CFR Part 800) comments were received for the Site from the North Carolina State Historic Preservation Office (NCSHPO) in a letter dated August 31, 2010 from Peter Sandbeck. NCSHPO conducted a "review of the project and are aware of no historic resources which would be affected by the project. Therefore, no comment was made on the project as proposed." 2.7 Potential Constraints The presence of conditions or characteristics that have the potential to hinder restoration activities within the Site was evaluated. The evaluation focused primarily on the presence of hazardous materials, utilities and restrictive easements, rare/threatened/endangered species or critical habitats, and the potential for hydrologic trespass. Existing information regarding constraints was acquired and reviewed. In addition, any Site conditions that have the potential to restrict the restoration design and implementation were documented during the field investigation. No constraints that may hinder restoration activities have been identified for this Site. 2.7.1 Property Ownership and Boundary The property is held by Mr. Ned Herman - Herman Dairy Farms, Inc. A perpetual conservation easement will be prepared that incorporates the results of this study. The conservation easement will be depicted on a recordable map, signed by the owner, and recorded in Alexander County. 2.7.2 Site Access The Site is accessed from Three Forks Church Road through Herman Dairy Farms. An access easement to the conservation easement will be obtained and recorded in Alexander County. 2.7.3 Utilities The property is crossed by a utility easement (high tension power lines) in the middle reaches of UT 1 and the upper headwaters of UT 2. The utility easement will not be included in the conservation easement. The utility easement crosses in a perpendicular manner and should not hinder development of the Site. Utilities are not considered a constraint for this project. 2.7.4 FEMA/Hydrologic Trespass Surface drainage on the Site and surrounding areas are in the process of being analyzed to predict the feasibility of manipulating existing surface drainage patterns without adverse effects to the Mitigation Plan (Contract No. 003271) page 9 Herman Diary Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina Site or adjacent properties. The following presents a summary of hydrologic and hydraulic analyses along with provisions designed to maximize groundwater recharge and wetland restoration while reducing potential for impacts to adjacent properties. The purpose of the analysis is to predict flood extents for the 1-, 2-, 5-, 10-, 50-, and 100-year storms under existing and proposed conditions after stream and wetland restoration activities have been implemented. The comparative flood elevations are evaluated by simulating peak flood flows for Site features using the WMS (Watershed Modeling System, BOSS International) program and regional regression equations. Once the flows are determined, the river geometry and cross-sections are digitized from a DTM (Digital Terrain Model) surface (prepared by a professional surveyor) using the HEC-GeoRAS component of ArcView. The cross-sections are adjusted as needed based on field-collected data. Once corrections to the geometry are performed, the data is imported into HEC-RAS. Watersheds and land use estimations were measured from existing DEM (Digital Elevation Model) data and an aerial photograph. Field surveyed cross-sections and water surfaces were obtained along Site features. Valley cross-sections were obtained from both onsite cross- sections and detailed topographic mapping to 1-foot contour intervals using the available DTM. Observations of existing hydraulic characteristics will be incorporated into the model and the computed water surface elevations will be calibrated using engineering judgment. The HEC-RAS will be completed prior to completion of detailed construction plans for Site restoration activities. A primary objective of the stream and wetland restoration design is maintenance of a no-rise in the 100-year floodplain. Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM) 3710384000J, effective December 18, 2007, indicates that Site tributaries (UT1, UT2, & UT3) all flow into Muddy Fork. Site tributaries are not located within a detailed flood study; however, a Limited Detailed Flood Study has been performed along Muddy Fork and its floodplain of Muddy Fork. It is assumed that a Conditional Letter of Map Revision (CLOMR) or Letter of Map Revision (LOMR) are not expected to be necessary at this time. However, coordination with FEMA will be conducted, if necessary, prior to initiating Site construction activities. 3.0 PROJECT SITE STREAMS (EXISTING CONDITIONS) Streams targeted for restoration include three unnamed tributaries to Muddy Fork, which have been dredged, straightened, rerouted, or otherwise impacted within the Site. Current Site conditions have resulted in degraded water quality, a loss of aquatic habitat, reduced nutrient and sediment retention, and unstable channel characteristics (loss of horizontal flow vectors that maintain pools and an increase in erosive forces to channel bed and banks). In addition, the lack of deep-rooted riparian vegetation and continued clearing and dredging of Site steams have exacerbated erosion adjacent to Site channels. Site restoration activities will restore riffle-pool morphology, aid in energy dissipation, increase aquatic habitat, stabilize channel banks, and greatly reduce sediment loss from channel banks. 3.1 Existing Conditions Survey Site stream dimension, pattern, and profile were measured to characterize existing channel conditions. Locations of existing stream reaches and cross-sections are depicted in Figure 4 Mitigation Plan (Contract No. 003271) page 10 Herman Diary Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina (Appendix A) and Figure B1 (Appendix B). Stream geometry measurements under existing conditions are summarized in the Morphological Stream Characteristics Table (Table 8). 3.2 Channel Classification and Morphology Stream geometry and substrate data have been evaluated to classify existing stream conditions based on a classification utilizing fluvial geomorphic principles (Rosgen 1996). This classification stratifies streams into comparable groups based on pattern, dimension, profile, and substrate characteristics. Primary components of the classification include degree of entrenchment, width-depth ratio, sinuosity, channel slope, and stream substrate composition. Existing Site reaches are classified as unstable C-type (moderately entrenched, high to moderate width-depth ratio) and F-type (entrenched, high width-depth ratio) streams. Unnamed tributary 1 is also characterized by a D-type (multiple stem) channel due to the excavation of a ditch that parallels the main stream channel. Each stream type is modified by a number 1 through 6 (e. g., E5), denoting a stream type which supports a substrate dominated by 1) bedrock, 2) boulders, 3) cobble, 4) gravel, 5) sand, or 6) silt/clay. Existing Site reaches are characterized by sand and silt/clay substrate as the result of channel rerouting and evolution. 3.3 Channel Evolution Bed and bank erosion typically leads to channel downcutting and evolution from a stable E-type channel into a G-type (gully) channel. Continued erosion eventually results in lateral extension of the G-type channel into an F-type (widened gully) channel. The F-type channel will continue to widen laterally until the channel is wide enough to support a stable C-type or E-type channel at a lower elevation so that the original floodplain is no longer subject to regular flooding. 3.4 Valley Classification The Site is located within a valley characterized as Valley Type VIII. This type of valley is identified by the presence of multiple river terraces positioned laterally along broad valleys with gentle, down-valley elevation relief. Alluvial terraces and floodplains are the predominant depositional landforms, which produce a high sediment supply. Typical streams include C- and E-type streams with slightly entrenched, meandering channels with a riffle-pool sequence. 3.5 Discharge This hydrophysiographic region is characterized by moderate rainfall with precipitation averaging approximately 42-55 inches per year (USDA 1995). Drainage basin sizes within the Site range from 0.1-square mile for UT 1 and UT 2 to 1.0-square mile for UT 1 at its confluence with Muddy Fork. Discharge estimates for the Site utilize an assumed definition of "bankfull" and the return interval associated with that bankfull discharge. For this study, the bankfull channel is defined as the channel dimensions designed to support the "channel forming" or "dominant" discharge (Gordon et al. 1992). Based on Piedmont regional curves (Harman et al. 1999), the bankfull discharge for a 1.1 square mile watershed is expected to average 95.4 cubic feet per second, which is expected to occur approximately every 1.3 to 1.5 years (Rosgen 1996, Leopold 1994). Mitigation Plan (Contract No. 003271) page 11 Herman Diary Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina p W m G O m C rn m m a ? m q r co m .n N o 0 K a d ? R A C C C C A C C A C '? C A C C? tO C A C A a o ° O - c m °, _ a s Z5 v n o+ - C E p s - - - W °e m m ? O? m r m c O? - H t m -TJ `- ? N N C d y c T W O? Oi 6 4 _ ?? 'O m m m ? p W N ?G aG ? O O 4 O K a ` w m m d - - M 0 - d E ? _ - 0 c E p o _ d ? Ol C vin p D• N O - N m ° ? ° `O N ° m - - LL rv a m m ti o _ a m N ? m ?n 'm I K Z° K I K K 2 K Z o p W m ? 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N c _ o A m V ? O ? N d t R' a 0 ap C d ? H 2 W U W W LL W m o a N m tp O o o O N < m - o o O 0 0 < 0 0 0 O O rn G O y 0 ° y 7 j D• 3 N V N v o O ?G tl N tC V N r N d 0 Y p N p p Q ~ N ?' R a 0 LL U > .. C .. N > d .. .. .. w ` Ot N S O1 Oi - ' m .? O ? ? ? O '3 x _ ? vi n C m y u fn ?'? c Vl m S S .?. ? ? N N. fn y N f1J 3 £ g ? zzN Z ?1 J U N o 3 J ? V° e m d N ? C N N O ? - - ? c ? g ? c N y y N N o N o y o N o - ° ? a ? o m m N rv? a m _ ? - a d N o N ? f? N <? a m ¢ y 3.6 Channel Stability Assessment 3.6.1 Stream Power Stability of a stream refers to its ability to adjust itself to inflowing water and sediment load. One form of instability occurs when a stream is unable to transport its sediment load, leading to aggradation, or deposition of sediment onto the stream bed. Conversely, when the ability of the stream to transport sediment exceeds the availability of sediments entering a reach, and/or stability thresholds for materials forming the channel boundary are exceeded, erosion or degradation occurs. Stream power is the measure of a stream's capacity to move sediment over time. Stream power can be used to evaluate the longitudinal profile, channel pattern, bed form, and sediment transport of streams. Stream power may be measured over a stream reach (total stream power) or per unit of channel bed area. The total stream power equation is defined as: Q = PgQs where Q = total stream power (ft-lb/s-ft), p = density of water (lb/f:3), g = gravitational acceleration (ft/s2), Q = discharge (0/sec), and s = energy slope (ft/ft). The specific weight of water (y = 62.4 lb/ft3) is equal to the product of water density and gravitational acceleration, pg. A general evaluation of power for a particular reach can be calculated using bankfull discharge and water surface slope for the reach. As slopes become steeper and/or velocities increase, stream power increases and more energy is available for reworking channel materials. Straightening and clearing channels increases slope and velocity and thus stream power. Alterations to the stream channel may conversely decrease stream power. In particular, over- widening of a channel will dissipate energy of flow over a larger area. This process will decrease stream power, allowing sediment to fall out of the water column, possibly leading to aggradation of the stream bed. The relationship between a channel and its floodplain is also important in determining stream power. Streams that remain within their banks at high flows tend to have higher stream power and relatively coarser bed materials. In comparison, streams that flood over their banks onto adjacent floodplains have lower stream power, transport finer sediments, and are more stable. Stream power assessments can be useful in evaluating sediment discharge within a stream and the deposition or erosion of sediments from the stream bed. 3.6.2 Shear Stress Shear stress, expressed as force per unit area, is a measure of the frictional force that flowing water exerts on a streambed. Shear stress and sediment entrainment are affected by sediment supply (size and amount), energy distribution within the channel, and frictional resistance of the stream bed and bank on water within the channel. These variables ultimately determine the ability of a stream to efficiently transport bedload and suspended sediment. For flow that is steady and uniform, the average boundary shear stress exerted by water on the bed is defined as follows: Mitigation Plan (Contract No. 003271) page 14 Herman Diary Stream and Wetland Restoration Site Restoration Systems, LLC Alexander Coimty, North Carolina T=y Rs where i = shear stress (lb/ft2), y = specific weight of water, R = hydraulic radius (ft), and s = the energy slope (ft/ft). Shear stress calculated in this way is a spatial average and does not necessarily provide a good estimate of bed shear at any particular point. Adjustments to account for local variability and instantaneous values higher than the mean value can be applied based on channel form and irregularity. For a straight channel, the maximum shear stress can be assumed from the following equation: imax = 1.5i for sinuous channels, the maximum shear stress can be determined as a function of plan form characteristics: imax = 2.65i(Rc /Wbkf)-0.5 where Rc = radius of curvature (ft) and Wbkf = bankfull width (ft). Shear stress represents a difficult variable to predict due to variability of channel slope, dimension, and pattern. Typically, as valley slope decreases channel depth and sinuosity increase to maintain adequate shear stress values for bedload transport. Channels that have higher shear stress values than required for bedload transport will scour bed and bank materials, resulting in channel degradation. Channels with lower shear stress values than needed for bedload transport will deposit sediment, resulting in channel aggradation. The actual amount of work accomplished by a stream per unit of bed area depends on the available power divided by the resistance offered by the channel sediments, plan form, and vegetation. The stream power equation can thus be written as follows: co = PgQs = Cv where co = stream power per unit of bed area (N/ft-sec, Joules/sec/ft2), i = shear stress, and v = average velocity (ft/sec). Similarly, co = Q/Wbkf where Wbkf = width of stream at bankfull (ft). 3.6.3 Stream Power and Shear Stress Methods and Results Channel degradation or aggradation occurs when hydraulic forces exceed or do not approach the resisting forces in the channel. The amount of degradation or aggradation is a function of relative magnitude of these forces over time. The interaction of flow within the boundary of open channels is only imperfectly understood. Adequate analytical expressions describing this interaction have yet to be developed for conditions in natural channels. Thus, means of characterizing these processes rely heavily upon empirical formulas. Mitigation Plan (Contract No. 0032 71) page 15 Herman Diaty Stream and Wetland Restoration Site Restoration Systems, LLC Alexander Coamty, North Carolina Traditional approaches for characterizing stability can be placed in one of two categories: 1) maximum permissible velocity and 2) tractive force, or stream power and shear stress. The former is advantageous in that velocity can be measured directly. Shear stress and stream power cannot be measured directly and must be computed from various flow parameters. However, stream power and shear stress are generally better measures of fluid force on the channel boundary than velocity. Using these equations, stream power and shear stress were estimated for 1) existing dredged and straightened reaches, 2) the reference reaches, and 3) proposed Site conditions. Important input values and output results (including stream power, shear stress, and per unit shear power and shear stress) are presented in Table 9. Average stream velocity and discharge values were calculated for the existing Site stream reaches, the reference reach, and proposed conditions. Reference Reach 1 values for stream power and shear stress are similar to proposed values but are slightly higher. Reference Reach 1 is characterized by a fully forested riparian fringe and is therefore able to resist stream power and shear stress of these magnitudes. However, the proposed channels will be devoid of deep-rooted vegetation; therefore, proposed targets for stream power and shear stress values should be slightly less than predicted for the reference reach. Stream power and shear stress values are lower for the existing, dredged and straightened UT1 than for proposed channels. Under existing conditions UT1 acts like a braided channel since stream flow has been split between two separate ditched channels dug along either side of the floodplain. Therefore, existing values are expected to be lower due to aggradation of the channels, which are acting more similar to a multi-channel system. Proposed conditions for UT1 include slightly higher values than existing in order to maintain stream power and shear stress so that the channel neither aggrades nor degrades; results of the analysis indicate that proposed UT 1 is expected to maintain sediment transport functions of a stable stream system. Stream power and shear stress values are higher for the existing, dredged and straightened UT2 and UT3 than for proposed channels. Existing reaches are degrading as evidenced by bank erosion, channel incision, large head-cuts, and bank-height ratios ranging from 1.8 to 12.2. Degradation has resulted from a combination of water surface slopes that have been steepened, channel straightening, and dredging. Stream power and shear stress values for the proposed channels are lower than for existing channels to effectively transport sediment through the Site without eroding and downcutting, resulting in stable channel characteristics. Results of the analysis indicate that proposed UT2 is expected to maintain stream power as a function of width values. Some areas within the UT3 design channel may be expected to form low-slope, braided, stream/swamp complexes similar to swamps in the area. These stream/swamp complexes would not be considered unstable; however, footage of stream channel restoration in these reaches will be recalculated from distance along the thalweg (1.2 sinuosity) to distance along the valley (1.0 sinuosity). Mitigation Plan (Contract No. 003271) page 16 Herman Diaty Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina Table 9. Stream Power (n) and Shear Stress (ti) Values Herman lnairv Restoratinn Site Discharge ft2/s Water Surface Slope ft/ft Total Stream Power 0 Total Stream Power/Bankfull Width QJW Hydraulic Radius Shear Stress ti Velocity v v mas Existing Conditions UT1 83.7 0.0062 32.38 1.83 3.73 1.44 1.12 1.61 2.17 UT2 8.2 0.0085 4.35 0.48 11.03 5.85 0.08 0.45 8.78 UT3 11 0.0040 2.75 0.40 7.66 1.91 0.19 0.36 2.87 Reference Reaches Reference Reach 1 47.2 0.0178 52.43 5.52 0.98 1.08 4.00 4.33 4.33 Proposed Conditions UT1 83.7 0.0055 28.73 1.71 1.05 0.36 4.14 1.50 2.37 UT2 8.2 0.0043 2.20 0.39 0.35 0.09 3.57 0.34 0.25 UT3 11 0.0011 0.76 0.12 0.40 0.03 3.67 0.10 -0.28 3.7 Bankfull Verification Discharge estimates for the Site utilize an assumed definition of "bankfull" and the return interval associated with that bankfull discharge. For this study, the bankfull channel is defined as the channel dimensions designed to support the "channel forming" or "dominant" discharge (Gordon et al. 1992). Current research also estimates the bankfull discharge would be expected to occur approximately every 1.3 to 1.5 years (Rosgen 1996, Leopold 1994). The Site is located in the Piedmont Physiographic province; therefore, regional curves for the Piedmont (Harman et al. 1999) were utilized and verified by regional regression equations, Cowan's roughness equation method, and reference stream data. Based on available Piedmont regional curves, the bankfull discharge for Reference Reach 1 (0.45 square mile watershed) is approximately 50.0 cubic feet per second (Harman et al. 1999). The USGS regional regression equation for the Rural Piedmont region indicates that bankfull discharge for Reference Reach 1 at a 1.3 to 1.5 year return interval for the Blue Ridge/Piedmont region indicates a bankfull discharge for the reference reach of 50-56 cubic feet per second (USGS 2006). Blue Ridge/Piedmont regression calculations of bankfull discharge are similar to estimates based on field indicators and regional curves, as discussed below (plots are included in Appendix Q. In addition, a stream roughness coefficient (n) was estimated using a version of Arcement and Schneider's (1989) weighted method for Cowan's (1956) roughness component values and applied to the following equation (Manning 1891) to obtain a bankfull discharge estimate. Qbkf= [1.486/n] * [A*R2/3*S1/2] where, A equals bankfull area, R equals bankfull hydraulic radius, and S equals average water surface slope. The Manning's "n" method indicates that bankfull discharge for the reference reach averages approximately 13.7 cubic feet per second, which is well-below estimates based on Reference Reach 1 field indicators of bankfull and regional curves, as discussed below. Mitigation Plan (Contract No. 003271) page 17 Herman Diaiy Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina Field indicators of bankfull and riffle cross-sections were utilized to obtain an average bankfull cross-sectional area for Reference Reach 1. The Piedmont regional curves were then utilized to plot the watershed area and discharge for Reference Reach 1 cross-sectional area. Field indicators of bankfull approximate an average discharge of 47.2 cubic feet per second, which is approximately 94 percent of that predicted by the Piedmont regional curves. Based on the above analysis of methods to determine bankfull discharge, proposed conditions at the Site will be based on an area 94 percent of the size indicated by Piedmont regional curves based on bankfull indicators and stream measurements of Reference Reach 1. Table 10 summarizes all methods analyzed for estimating bankfull discharge. Table 10. Reference Reach 1 Bankfull Discharge Analysis Herman Dairy Restoration Site Method Watershed Area (square miles) Return Interval 0 ears) Discharge cfs) Reference Reach Piedmont Regional Curves (Harmen et al. 1999) 0.45 1.3- 1.5 50.0 Blue Ridge/Piedmont Regional Regression Model (USGS 2006)* 0.45 1.3-1.5 50-56 Manning 's "n" using Cowan's Method (1956) NA NA 13.7 Field Indicators of Bankfull 0.45 1.3- 1.5 47.2 *North Carolina Flood Frequency Software, Revised 2001, Recompiled 2006 3.8 Vegetation Distribution and composition of plant communities reflect landscape-level variations in topography, soils, hydrology, and past or present land use practices. The Site is composed of agriculture land and scrub-shrub. Agriculture land is currently dominated by corn (Zea mays) planted for harvesting, in addition to opportunistic herbaceous species, and maintains little vegetative diversity. Scrub-shrub areas along unnamed tributaries to Muddy Creek consist of sparse canopy trees consisting of sycamore (Plantanus occidentalis), black walnut (Juglans nigra), black cherry (Prunus serotina), white oak (Quercus alba), and black willow (Salix nigra) along stream banks adjacent to UTI. The remaining scrub-shrub areas are dominated by early successional species such as sweetgum (Liquidambar styraciua), Chinese privet (Ligustrum sinense), multiflora rose (Rosa multiora), pokeweed (Phytolacca americana), goldenrod (Solidago spp.), common greenbrier (Smilax rotundifolia), and Japanese honeysuckle (Lonicera japonica). 4.0 REFERENCE STREAMS Two reference reaches were identified for the Site. The first reference stream (Reference Reach 1) is located less than 3 miles southwest of the Site on Spring Creek (Figure 5A, Appendix A). Reference Reach 1 was the primary stream used to emulate restoration parameters at the Site. The second reference stream (UT to Catawba River) is located approximately 20 miles southeast of the Site situated at the top of an alluvial fan where the channel enters the Catawba River Mitigation Plan (Contract No. 003271) page 18 Herman Diary Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina floodplain. Measurements for the UT to Catawba River reference reach were completed in 2000 and only pattern ratios were used for this project. The streams were measured and classified by stream type (Rosgen 1996). 4.1 Channel Classification Both reference reaches are characterized as E-type, highly sinuous (1.4) channels with sand and gravel dominated substrates. E-type streams are characterized as slightly entrenched, riffle-pool channels exhibiting high sinuosity (1.3 to greater than 1.5). E-type streams typically exhibit a sequence of riffles and pools associated with a sinuous flow pattern. In North Carolina, E-type streams often occur in narrow to wide valleys with well-developed alluvial floodplains (Valley Type VIII). E-type channels are typically considered stable; however, these streams are sensitive to upstream drainage basin changes and/or channel disturbance, and may rapidly convert to other stream types. 4.2 Discharge Based on an analysis of bankfull discharge, proposed conditions at the Site will be based on an area 94 percent of the size indicated by Piedmont regional curves (see Section 3.7 Bankfull Verification). 4.3 Channel Morphology Dimension: Data collected at Reference Reach 1 indicate bankfull cross-sectional areas of 11.8 square feet, which was slightly smaller than predicted by regional curves (12.5 square feet). However, the stream is within a reasonable deviation from predictions by regional curve calculations and adequately verify the use of this reference at the Site. Reference Reach 1 exhibits a bankfull width of 9.5, a bankfull depth of 1.3 feet, a width-to-depth ratio of 7.6, and a bank-height ratio of 1.0 (see Table 8, Table of Morphological Stream Characteristics). Figures 513-5D (Appendix A) provide drainage area, existing conditions, plan view, and cross-sectional data for Reference Reach 1 and depict the bankfull channel area. The second reference reach (UT to Catawba River) was not used for dimension purposes. Data collected at this reach indicate bankfull cross-sectional areas of 10.9 square feet, which was significantly smaller than predicted by regional curves (29.5 square feet). This discrepancy is most likely due to the reach's location adjacent to influence from alluvial deposition from the Catawba River. Two implications of such deposition include 1) elevation of the channel bed thereby reducing cross-sectional area and 2) more coarse-grained bed materials resulting in a larger than average hyporheic zone. Pattern and Profile: In-field measurements of the reference reaches have yielded a sinuosity of 1.4 (thalweg distance/straight-line distance). Onsite valley slopes range from 0.0178 at Reference Reach 1 to 0.0040 at the UT to Catawba River Reference. Valley slopes exhibited by reference channels range from slightly higher (0.0013) to slightly lower (0.0066) than the Site, providing a good range of slopes to compare existing and proposed Site conditions. Substrate: Reference channels are characterized by substrate dominated by sand and gravel sized particles. Mitigation Plan (Contract No. 003271) page 19 Herman Diary Stream and Wetland Restoration .Site Restoration Svstems, LLC Alexander Countu North Carolina 5.0 PROJECT SITE WETLANDS (EXISTING CONDITIONS) 5.1 Existing Jurisdictional Wetlands Jurisdictional wetlands/hydric soils within the Site were delineated in the field following guidelines set forth in the Corps of Engineers Wetlands Delineation Manual and subsequent regional supplements, and located using GPS technology with reported submeter accuracy during October 2010 (Environmental Laboratory 1987). Study area wetlands are considered palustrine systems, as defined by Cowardin et al. (1979). Existing jurisdictional wetlands are depicted as black cross-hatching on Figure 4 in Appendix A. A tear sheet confirming the delineation was received from USACE representative Amanda Jones on January 26, 2011; a copy of the tear sheet is included in Appendix D. Wetlands are defined by the presence of three criteria: hydrophytic vegetation, hydric soils, and evidence of wetland hydrology during the growing season (Environmental Laboratory 1987). Open water systems and wetlands receive similar treatment and consideration with respect to Section 404 review. 5.2 Hydrological Characterization It should be noted that construction activities will restore groundwater hydrology to approximately 7.2 acres of drained riparian hydric soils and 1.2 acres of drained nonriparian hydric soils, in addition to, enhance 2.2 acres of cleared riparian wetlands and enhance 0.1 acre of cleared nonriparian wetlands. Areas of the Site targeted for riparian wetlands will receive hydrological inputs from periodic overbank flooding of restored tributaries, groundwater migration into the wetlands, upland/stormwater runoff, and, to a lesser extent, direct precipitation. Areas targeted for nonriparian wetlands will receive hydrological inputs from groundwater seepage, upland/stormwater runoff, and direct precipitation. 5.3 Soil Characterization 5.3.1 Taxonomic Classification Detailed soil mapping conducted by licensed soil scientists indicate that 10.6 acres of the Site are currently underlain by hydric soils of the Hatboro Series. Typical hydric soil profiles locations are depicted on Figure 4 (Appendix A) and are described below. Information pertaining the jurisdictional determination is included in Appendix D. 5.3.2 Profile Description Profile 1 0-8 inches: IOYR 4/3 clay loam 8-10 inches: IOYR 5/3 clay loam with common/fine/distinct mottles 5YR 5/8 10-13+ inches: IOYR 5/2 sandy clay loam with common/fine /distinct mottles 7.5YR 5/6 Mitigation Plan (Contract No. 003271) page 20 Herman Diary Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina Profile 2 0-6 inches IOYR 4/3 clay loam 6-8 inches IOYR 513 clay loam with few/fine/faint mottles 7.5YR 5/8 8-12+ inches IOYR 6/2 clay loam with common/fine/distinct mottles 7.5YR 5/8 Profile 3 0-4 inches: IOYR 5/4 clay loam 4-12 inches: IOYR 5/2 clay loam with many/medium/distinct mottles 7.5YR 5/6 12-14+ inches: IOYR 6/1 clay loam with common/medium/prominent mottles 7.5YR 5/8 Profile 4 0-4 inches: IOYR 5/4 clay loam 4-10 inches: 2.5Y 5/2 clay loam with many/fine/prominent mottles 7.5YR 5/6 10-14+ inches: 2.5Y 6/2 clay loam with many/medium/distinct mottles 7.5YR 5/6 Profile 5 0-6 inches: IOYR 513 clay loam with many/medium/distinct mottles 7.5YR 5/6 6-12 inches: IOYR 5/2 clay loam with many/medium/distinct mottles 7.5YR 5/8 12-14+ inches: IOYR 6/2 clay loam with many/medium/prominent mottles 7.5YR 5/8 few/fine/faint mottles 7.5YR 5/6 5.4 Plant Community Characterization Areas proposed for wetland restoration and enhancement are primarily vegetated by agricultural row crops and opportunistic herbaceous species with very little vegetative diversity. 6.0 Reference Forest Ecosystem A Reference Forest Ecosystem (RFE) is a forested area on which to model restoration efforts at the Site in relation to soils and vegetation. RFEs should be ecologically stable climax communities and should be a representative model of the Site forested ecosystem as it likely existed prior to human disturbances. Data describing plant community composition and structure should be collected at the RFEs and subsequently applied as reference data in an attempt to emulate a natural climax community. Mitigation Plan (Contract No. 003271) page 21 Herman Diary Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina The RFE for this project is adjacent to Reference Reach 1 located less than 3 miles southwest of the Site on Spring Creek. The RFE supports plant community and landform characteristics that restoration efforts will attempt to emulate. Tree and shrub species identified within the reference forest and outlined in Table 11 will be used, in addition to other relevant species in appropriate Schafale and Weakley (1990) community descriptions. Table 11. Reference Forest Ecosvstem Piedmont/Low Mountain Alluvial Forest Canopy Species Understory Species American beech (Fagus grandifolia) ironwood (Carpinus caroliniana) white oak (Quercus alba) sourwood (Qxydendrimt arboreum) red oak (Quercus rubra) flowering dogwood (Cornus orida) tulip poplar (Liriodendron tuli ifera) white pine (Pinus strobus) American sycamore (Platanus occidentalis) tulip poplar (Liriodendron tithpifera) sourwood (Oxydendrum arboreton) arrow-wood (Viburnum dentatum) red maple (Ater rubrum) American holly (Ilex opaca) river birch (Betula nigra) common reenbrier (Smilax rotundi olia) giant cane (Arztndinaria gigantea) Christmas fern (Polystichtan acrostichoides) cinnamon fern (Qsmunda cinnamomea) 7.0 PROJECT SITE RESTORATION PLAN 7.1 Restoration Project Goals and Objectives The primary goals of this stream and wetland restoration project focus on improving water quality, enhancing flood attenuation, and restoring wildlife habitat and will be accomplished by the following. 1. Removing nonpoint sources of pollution associated with agricultural production including a) cessation of broadcasting sludge, fertilizer, pesticides, and other agricultural materials into and adjacent to Site streams/wetlands and b) restoration of a forested riparian buffer adjacent to streams and wetlands to treat surface runoff. 2. Reducing sedimentation within onsite and downstream receiving waters through a) reduction of bank erosion, vegetation maintenance, and plowing to Site streams and wetlands and b) restoration of a forested riparian buffer adjacent to Site streams and wetlands. 3. Reestablishing stream stability and the capacity to transport watershed flows and sediment loads by restoring stable dimension, pattern, and profile supported by natural in- stream habitat and grade/bank stabilization structures. 4. Promoting floodwater attenuation by a) reconnecting bankfull stream flows to the abandoned floodplain, b) restoring secondary, entrenched tributaries thereby reducing floodwater velocities within smaller catchment basins, c) restoring depressional floodplain wetlands to increase the floodwater storage capacity within the Site, and d) revegetating Site floodplains to increase frictional resistance on floodwaters crossing Site floodplains. 5. Improving aquatic habitat by enhancing stream bed variability and the use of in-stream structures. Mitigation Plan (Contract No. 003271) page 22 Herman Diaty Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina 6. Providing a terrestrial wildlife corridor and refuge in an area extensively developed for agricultural production. 7. Restoring and reestablishing natural community structure, habitat diversity, and functional continuity. 8. Enhancing and protecting the Site's full potential of stream and wetland functions and values in perpetuity. These goals will be achieved by the following. • Restoring approximately 4686 linear feet of stream channel through construction of stable channel at the historic floodplain elevation. • Restoring approximately 110 linear feet of braided stream channel by redirecting diffuse flow across riparian wetlands. • Enhancing (Level I) approximately 468 linear feet of stream channel through cessation of current land use practices, removing invasive species, and planting with native forest vegetation. • Restoring approximately 7.2 acres of riparian wetland by removing spoil castings, restoring stream inverts to historic elevations to rehydrate stream-side wetlands, filling ditches and abandoned channels, eliminating land use practices. and planting with native forest vegetation. • Enhancing approximately 2.2 acres of riparian wetland by filling ditches/abandoned channels and supplemental planting. • Restoring approximately 1.2 acres of nonriparian wetland by removing spoil castings, filling abandoned ditches to rehydrate slope wetlands, eliminating land use practices, and planting with native forest vegetation. • Enhancing approximately 0.1 acres of riparian wetland through supplemental plantings. • Revegetating floodplains and slopes adjacent to restored streams and wetlands. • Protecting the Site in perpetuity with a conservation easement. 7.2 Stream Design Onsite streams targeted for restoration have endured significant disturbance from land use activities such as land clearing, livestock grazing, straightening and rerouting of channels, and other anthropogenic maintenance. Site streams will be restored to emulate historic conditions at the Site utilizing parameters from a nearby, relatively undisturbed reference stream (Reference Reach 1) (see Section 4.0 Reference Streams). 7.2.1 Designed Channel Classification The proposed channel has been designed to emulate parameters of the relatively undisturbed reference stream (Reference Reach 1) located less than 3 miles southwest of the Site. Reference Reach 1 is classified as an E 4/5-type channel; Site restoration reaches have been proposed as Ec 4/5-type and braided channels (see Table 8 Morphological Stream Characteristics). Proposed channels are expected to be characterized by sand and gravel substrate similar to reference streams, which emulate historic Site conditions. Mitigation Plan (Contract No. 003271) page 23 Herman Diary Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina 7.2.2 Target Wetland CommuntiesBuffer Communities Onsite wetland and buffer areas targeted for restoration and enhancement have endured significant disturbance from land use activities such as land clearing, livestock grazing, and other anthropogenic maintenance. These areas will be planted with native forest species typical of wetland and buffer communities in the region such as those found within the reference forest (see Section 6.0 Reference Forest Ecosystem). Emphasis will focus on developing a diverse plant assemblage. 7.3 Stream Restoration Stream restoration efforts are designed to restore a stable, meandering stream on new location that approximates hydrodynamics, stream geometry, and local microtopography relative to reference conditions (Figure 6, Appendix A). Geometric attributes for the existing, degraded channels and the proposed, stable channels are listed in Table of Morphological Stream Characteristics (Table 8). Based on preliminary analysis and field investigations, restoration activities will follow stream guidance as presented in Information Regarding Stream Restoration with Emphasis on the Coastal Plain - Draft (USACE and NCDWQ 2007). Primary activities designed to restore the channels include 1) belt-width preparation and grading, 2) channel excavation, 3) installation of channel plugs, 4) backfilling of the abandoned channel, and 5) vegetative planting. Belt-width Preparation and Grading Care will be taken to avoid the removal of existing, deeply rooted vegetation within the belt- width corridor, which may provide design channel stability. Material excavated during grading will be stockpiled immediately adjacent to channel segments to be abandoned and backfilled. These segments will be backfilled after stream diversion is completed. Spoil material may be placed to stabilize temporary access roads and to minimize compaction of the underlying floodplain. However, all spoil will be removed from floodplain surfaces upon completion of construction activities. After preparation of the corridor, the design channel and updated profile survey will be developed and the location of each meander wavelength plotted and staked along the profile. Pool locations and relative frequency configurations may be modified in the field based on local variations in the floodplain profile. Channel Excavation The channels will be constructed within the range of values depicted in the Table of Morphological Stream Characteristics (Table 8). Bed material will be imported to the Site and utilized within stream riffles to provide substrate similar to historic conditions at the Site and nearby reference streams. The stream banks and local belt-width area of constructed channels will be immediately planted with shrub and herbaceous vegetation. Deposition of shrub and woody debris into and/or overhanging the constructed channel is encouraged. Mitigation Plan (Contract No. 003271) page 24 Herman Diaiy Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina Particular attention will be directed toward providing vegetative cover and root growth along the outer bends of each stream meander. Live willow stake revetments, available root mats, and/or biodegradable, erosion-control matting may be embedded into the break-in-slope to promote more rapid development of an overhanging bank. Willow stakes will be purchased and/or collected onsite and inserted through the root/erosion mat into the underlying soil. Channel Plugs Impermeable plugs will be installed along abandoned channel segments. The plugs will consist of low-permeability materials or hardened structures designed to be of sufficient strength to withstand the erosive energy of surface flow events across the Site. Dense clays may be imported from off-site or existing material, compacted within the channel, may be suitable for plug construction. The plug will be of sufficient width and depth to form an imbedded overlap in the existing banks and channel bed. Channel Backfilling After impermeable plugs are installed, the abandoned channel will be backfilled. Backfilling will be performed primarily by pushing stockpiled materials into the channel. The channel will be filled using material from off-site and compacted in the vicinity of the backfilled channel. Vegetation debris (root mats, top soils, shrubs, woody debris, etc.) will be redistributed across the backfill area upon completion. Braided Channel Development Minimal channel excavation is proposed at the upper extents of UT3, which is proposed to be constructed as a braided, D-type stream in a low-gradient valley, without a defined stream channel (USACE et al. 2007). It is anticipated that this stream type will develop without intervention. Use of heavy equipment and disruption of existing vegetation and soils will therefore be minimized. In-Stream Structures Stream restoration under natural stream design techniques normally involves the use of in-stream structures for bank stabilization, grade control, and habitat improvement. Primary activities designed to achieve these objectives may include the installation of a limited number of cross- vanes, log vanes, and two outfall drop structures (Figures 6-7, Appendix A). Cross-vane Weirs Cross-vane weirs may be installed in the channel (Figure 7, Appendix A). The purpose of the vane is to 1) sustain bank stability, 2) direct high velocity flows during bankfull events toward the center of the channel, 3) maintain average pool depth throughout the reach, 4) preserve water surface elevations and reconnect the adjacent floodplain to flooding dynamics from the stream, and 5) modify energy distributions through increases in channel roughness and local energy slopes during peak flows. Cross-vane weirs will be constructed of boulders approximately 24 inches in minimum width. Cross-vane weir construction will be initiated by imbedding footer rocks into the stream bed for stability to prevent undercutting of the structure. Header rocks will then be placed atop the footer rocks at the design elevation. Footer and header rocks create an arm that slopes from the Mitigation Plan (Contract No. 003271) page 25 Herman Diary Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina center of the channel upward at approximately 7 to 10 degrees, tying in at the bankfull floodplain elevation. The cross-vane arms at both banks will be tied into the bank with a sill to eliminate the possibility of water diverting around the structure. Once the header and footer stones are in place, filter fabric will be buried into a trench excavated around the upstream side of the vane arms. The filter fabric is then draped over the header rocks to force water over the vane. The upstream side of the structure can then be backfilled with suitable material to the elevation of the header stones. Lo Vanes The primary purpose of the log vanes is to direct high velocity flows during bankfull events towards the center of the channel (Figure 7, Appendix A). Log vanes will be constructed utilizing large tree trunks harvested from the Site or imported from offsite. The tree stem harvested for a log cross-vane arm must be long enough to be imbedded into the stream channel and extend several feet into the floodplain. Logs will create an arm that slopes from the center of the channel upward at approximately 5 to 7 degrees, tying in at the bankfull floodplain elevation. Logs will extend from each stream bank at an angle of 20 to 30 degrees. A trench will be dug into the stream channel that is deep enough for the head of the log to be at or below the channel invert. The trench is then extended into the floodplain and the log is set into the trench such that the log arm is below the floodplain elevation. If the log is not of sufficient size to completely block stream flow (gaps occur between the log and channel bed), then a footer log will be installed beneath the header log. Support pilings will then be situated at the base of the log and at the head of the log to hold the log in place. Once these vanes are in place, filter fabric is toed into a trench on the upstream side of the vane and draped over the structure to force water over the vane. The upstream side of the structure is then backfilled with suitable material. Drop Structure Drop structures are proposed at the outfall of UT1 and UT3 at Muddy Fork to lower Site hydrology to its preconstruction elevation (Figures 6 and 7, Appendix A). To avoid hydrologic trespass, the drop structures may be installed approximately 150 feet from the downstream Site outfalls. The structures should be constructed to resist erosive forces associated with hydraulic drops proposed at the Site. A TerraCell drop structure, or other similar structure may be installed. TerraCell is a light weight, flexible mat made of high density polyethylene strips. The strips are bonded together to form a honeycomb configuration. The honeycomb mat is fixed in place and filled with gravel or sand. Material in the TerraCell structure may be planted with grasses and shrubs for additional erosion protection. The TerraCell structure will form a nickpoint that approximates geologic controls in stream beds. 7.4 Stream Enhancement (Level II) Stream enhancement (level II) is proposed for the upper reaches of UTl and UTIA (Figure 6, Appendix A). Stream enhancement will entail the cessation of current land management practices, removal of spoil material along the stream banks, invasive species control, and planting riparian buffers with native forest vegetation. Riparian buffers will extend a minimum of 50 feet from the top of stream banks to facilitate stream recovery and prevent further degradation of the stream. Mitigation Plan (Contract No. 003271) page 26 Herman Diary Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina 7.5 Sediment Transport Analysis Stream stability assessment including calculations of stream power and shear stress to compare 1) existing dredged and straightened reaches, 2) Reference Reach 1, and 3) proposed Site conditions are discussed in Section 3.6 (Channel Stability Assessment). 7.6 HEC RAS Analysis The HEC-RAS analysis will be completed prior to completion of detailed construction plans for Site restoration activities. This analysis is discussed in more detail in Section 2.7.3 (FEMA/Hydrological Trespass). 7.7 Hydrological Modifications (Wetland Restoration and Enhancement) Alternatives for wetland restoration are designed to restore a fully functioning wetland system, which will provide surface water storage, nutrient cycling, removal of imported elements and compounds, and will create a variety and abundance of wildlife habitat. Portions of the Site underlain by hydric soils have been impacted by channel incision, vegetative clearing, ditching, and earth movement associated with agricultural practices. Wetland restoration options should focus on the removal of fill materials, restoration of vegetative communities, the reestablishment of soil structure and microtopographic variations, redirecting normal surface hydrology back to Site floodplains, and filling ditches. These activities will result in the restoration of 7.2 acres of riparian wetland, enhancement of 2.2 acres of riparian wetland, restoration of 1.2 acres of nonriparian slope wetland, and enhancement of 0.1 acre of nonriparian wetland (Figure 6, Appendix A). Restored and enhanced NCWAM wetland types will consist of 2.2 acres of Bottomland Hardwood Forest, 7.2 acres of Headwater Forest, and 1.3 acres of Seep wetlands as depitcted on Figure 8 (Appendix A). Reestablishment of Historic Groundwater Elevations Hydric soils adjacent to the incised channels appear to have been drained due to lowering of the groundwater table and a lateral drainage effect from existing stream reaches. Reestablishment of channel inverts is expected to rehydrate soils adjacent to Site streams. Restoring Site stream reaches are expected to rehydrate hydric soils, resulting in the restoration of jurisdictional hydrology to riparian wetlands. Excavation and Gradinc of Elevated Spoil and Sediment Embankments Some areas adjacent to existing channels have experienced both natural and unnatural sediment deposition. Spoil piles were likely cast adjacent to the channel during dredging, straightening, and rerouting of Site streams, and ditching of the adjacent floodplain. Major flood events may have deposited additional sediment adjacent to stream banks from onsite eroding banks and upstream agricultural fields. The removal of these spoil materials represents a critical element of Site wetland restoration. Spoil piles are relatively small and limited to banks of existing streams and ditches. The spoil will be removed to the level of the historic floodplain and used to fill in the abandoned channels/ditches. In the event that additional material is needed to fill abandoned channels/ditches, small areas may be excavated within the floodplain to a depth no greater than 1 foot below the historic floodplain elevation. Mitigation Plan (Contract No. 003271) page 27 Herman Diary Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina Hydrophytic Vegetation Site wetland areas targeted for restoration and enhancement have endured significant disturbance from land use activities such as land clearing, livestock grazing, and other anthropogenic maintenance. Wetland areas will be revegetated with native vegetation typical of wetland communities in the region. Emphasis will focus on developing a diverse plant assemblage. Section 7.9 (Natural Plant Community Restoration) provides detailed information concerning community species associations. Reconstructing Stream Corridors The stream restoration plan involves the reconstruction of Site streams through the floodplain. Existing channels will be backfilled so that the water table may be restored to historic conditions. 7.8 Soil Restoration Soil grading will occur during stream restoration activities. Topsoils may be stockpiled during construction activities and will be spread on the soil surface once critical subgrade has been established. The replaced topsoil will serve as a viable growing medium for community restoration to provide nutrients and aid in the survival of planted species. 7.9 Natural Plant Community Restoration Restoration of floodplain forest and stream-side habitat allows for development and expansion of characteristic species across the landscape. Ecotonal changes between community types contribute to diversity and provide secondary benefits, such as enhanced feeding and nesting opportunities for mammals, birds, amphibians, and other wildlife. Reference Forest Ecosystem (RFE) data, onsite observations, and community descriptions from Classification of the Natural Communities of North Carolina (Schafale and Weakley 1990) were used to develop the primary plant community associations that will be promoted during community restoration activities. Stream-side trees and shrubs include species with high value for sediment stabilization, rapid growth rate, and the ability to withstand hydraulic forces associated with bankfull flow and overbank flood events. Stream-side trees and shrubs will be planted within 15 feet of the channel throughout the meander belt-width. Shrub elements will be planted along the reconstructed stream banks, concentrated along outer bends. Piedmont/Low Mountain Alluvial Forest is targeted for the remainder of the Site (Figure 9, Appendix A). The following planting plan is the blueprint for community restoration. 7.9.1 Planting Plan The purpose of a planting plan is to reestablish vegetative community patterns across the landscape. The plan consists of 1) acquisition of available plant species, 2) implementation of proposed Site preparation, and 3) planting of selected species. Species selected for planting will be dependent upon availability of local seedling sources. Advance notification to nurseries (1 year) will facilitate availability of various noncommercial elements. Mitigation Plan (Contract No. 003271) page 28 Herman Diaiy Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina Bare-root seedlings of tree species will be planted within specified map areas at a density of approximately 680 stems per acre on 8-foot centers. Shrub species in the stream-side assemblage will be planted at a density of 2720 stems per acre on 4-foot centers. Table 12 depicts the total number of stems and species distribution within each vegetation association. Planting will be performed between December 1 and March 15 to allow plants to stabilize during the dormant period and set root during the spring season. A total of 27,947 diagnostic tree and shrub seedlings may be planted during restoration. Tahle 12_ Planting Plan Vegetation Association Piedmont/Low Mountain Alluvial Forest* Stream-side Assembla a** TOTAL Area (acres) 28.3 3.2 31.5 Species # lanted* % of total # lanted** % of total # planted Cherrybark oak (Quercus pagoda) 1924 10 -- -- 1924 American elm (Ulmus americana) 1924 10 -- -- 1924 Hackberry (Celtis laevigata) 1924 10 -- -- 1924 Green ash (Fraxinus pennsylvanica) 962 5 -- -- 962 Shagbark hickory (Carya ovata) 1924 10 -- -- 1924 Bitternut hickory (Carya cordiformis) 2887 15 -- -- 2887 Sycamore (Platanus occidentalis) 1924 10 -- -- 1924 River birch (Benda nigra) 2887 15 -- -- 2887 Ironwood (Carpinus caroliniana) 1924 10 -- -- 1924 Silky dogwood (Corpus amomum) 962 5 1741 20 2703 Tag alder (Alnus serrulata) -- -- 3482 40 3482 Black willow (Salix nigra) -- -- 3482 40 3482 TOTAL 19,242 100 8705 100 27,947 * Planted at a density of 680 stems/acre. * * Planted at a density of 2720 stems/acre. 7.9.2 Nuisance Species Management Chinese privet (Ligustrum sinense), located within all scrub-shrub and riparian areas of the Site, will be controlled mechanically and/or chemically, as part of this project. No other nuisance species controls are proposed at this time. Inspections for beaver and other potential nuisance species will occur throughout the course of the monitoring period. Appropriate actions may be taken to ameliorate any negative impacts regarding vegetation development and/or water management on an as-needed basis. The presences of nuisance species will be monitored over the course of the monitoring period. Appropriate actions will be taken to ameliorate any negative impacts regarding vegetation development and/or water management on an as-needed basis. 8.0 PERFORMANCE CRITERIA Monitoring of restoration efforts will be performed until success criteria are fulfilled. Monitoring is proposed for the stream channel, wetland hydrology, and vegetation. In general, the restoration success criteria, and required remediation actions, are based on the Stream Mitigation Guidelines (USACE et al. 2003). Mitigation Plan (Contract No. 003271) page 29 Herman Diary Stream and Welland Restoration Site Restoration Systems, LLC Alexander County, North Carolina 8.1 Streams Restored stream reaches are proposed to be monitored for geometric activity for five years. Annual fall monitoring will include development of channel cross-sections on riffles and pools and a water surface profile of the channel. The data will be presented in graphic and tabular format. Data to be presented will include l) cross-sectional area, 2) bankfull width, 3) average depth, 4) maximum depth, 5) width-to-depth ratio, 6) water surface slope, and 7) sinuosity. The stream will subsequently be classified according to stream geometry and substrate (Rosgen 1996). Significant changes in channel morphology will be tracked and reported by comparing data in each successive monitoring year. Changes in the biotic community are anticipated from a shift in habitat opportunities as tributaries are restored. In-stream, biological monitoring is proposed to track the changes during the monitoring period. The benthic macro invertebrate community will be sampled using NCDWQ protocols found in the Standard Operating Procedures for Benthic Macroinvertebrates (NCDWQ 2006) and Benthic Macro invertebrate Protocols for Compensatory Stream Restoration Projects (NCDWQ 2001). Biological sampling of benthic macro invertebrates will be used to collect preconstruction baseline data for comparison with postconstruction restored conditions. Benthic macro invertebrate monitoring locations will be established within proposed restoration reaches and one reference monitoring location upstream of the enhancement reaches within a relatively stable reach. It is anticipated that postrestoration collections may move slightly from the prerestoration conditions in order to take advantage of developing habitat niches (i.e. riffles, vegetative cover, woody debris in channel, overhanging banks) that cannot be predicted prior to restoration. Benthic macro invertebrate samples will be collected from individual reaches using the Qual-4 collection method. Sampling techniques of the Qual-4 collection method consist of kick nets, sweep nets, leaf packs, and visual searches. Preproject biological sampling are anticipated to occur in June 2011; post restoration monitoring will occur during the same time frame of each monitoring year. Identification of collected organisms will be performed by personnel with NCDWQ or by a NCDWQ certified laboratory. Other data collected will include D50 values/NCDWQ habitat assessment forms. 8.1.1 Stream Success Criteria Success criteria for stream restoration will include 1) successful classification of the reach as a functioning stream system (Rosgen 1996) and 2) channel variables indicative of a stable stream system. The channel configuration will be measured on 3000 linear feet of stream and 20 cross-sections on an annual basis in order to track changes in channel geometry, profile, or substrate. These data will be utilized to determine the success in restoring stream channel stability. Specifically, the width-to-depth ratio and bank-height ratios should be indicative of a stable or moderately unstable channel with minimal changes in cross-sectional area, channel width, and/or bank erosion along the monitoring reach. In addition, channel abandonment and/or shoot cutoffs must not occur and sinuosity values must remain relatively constant. Visual assessment of in-stream Mitigation Plan (Contract No. 003271) page 30 Herman Diary Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina structures will be conducted to determine if failure has occurred. Failure of a structure may be indicated by collapse of the structure, undermining of the structure, abandonment of the channel around the structure, and/or stream flow beneath the structure. 8.1.2 Stream Contingency In the event that stream success criteria are not fulfilled, a mechanism for contingency will be implemented. Stream contingency may include, but may not be limited to 1) structure repair and/or installation; 2) repair of dimension, pattern, and/or profile variables; and 3) bank stabilization. The method of contingency is expected to be dependent upon stream variables that are not in compliance with success criteria. Primary concerns, which may jeopardize stream success include 1) structure failure, 2) headcut migration through the Site, and/or 3) bank erosion. Structure Failure In the event that structures are compromised the affected structure will be repaired, maintained, or replaced. Once the structure is repaired or replaced, it must function to stabilize adjacent stream banks and/or maintain grade control within the channel. Structures which remain intact, but exhibit flow around, beneath, or through the header/footer will be repaired by excavating a trench on the upstream side of the structure and reinstalling filter fabric in front of the pilings. Structures which have been compromised, resulting in shifting or collapse of header/footer, will be removed and replaced with a structure suitable for Site flows. Headcut Migration Through the Site In the event that a headcut occurs within the Site (identified visually or through measurements [i.e. bank-height ratios exceeding 1.4]), provisions for impeding headcut migration and repairing damage caused by the headcut will be implemented. Headcut migration may be impeded through the installation of in-stream grade control structures (rip-rap sill and/or log cross-vane weir) and/or restoring stream geometry variables until channel stability is achieved. Channel repairs to stream geometry may include channel backfill with coarse material and stabilizing the material with erosion control matting, vegetative transplants, and/or willow stakes. Bank Erosion In the event that severe bank erosion occurs within the Site, resulting in elevated width-to-depth ratios, contingency measures to reduce bank erosion and width-to-depth ratio will be implemented. Bank erosion contingency measures may include the installation of log-vane weirs and/or other bank stabilization measures. If the resultant bank erosion induces shoot cutoffs or channel abandonment, a channel may be excavated which will reduce shear stress to stable values. 8.2 Wetlands Three groundwater monitoring gauges will be installed within the Site wetland restoration areas and one additional gauge will be installed in a reference wetland to monitor groundwater hydrology. Hydrological sampling will continue for five years throughout the growing season at intervals necessary to satisfy the hydrology success criteria within each design unit (USEPA 1990). Mitigation Plan (Contract No. 003271) page 31 Herman Diary Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina 8.2.1 Wetland Success Criteria According to the Soil Survey of Alexander County, the growing season for Alexander County as recorded in Hickory, North Carolina during the period from 1951-1984 is from March 20- November 9 (USDA 1995). However, for purposes of this project gauge hydrologic success will be determined using data from February 1-November 9 to more accurately represent the period of biological activity. Target hydrological characteristics include saturation or inundation for 8 percent of the monitored period (February 1-November 9), during average climatic conditions. During years with atypical climatic conditions, groundwater gauges in reference wetlands may dictate threshold hydrology success criteria (75 percent of reference). These areas are expected to support hydrophytic vegetation. If wetland parameters are marginal as indicated by vegetation and/or hydrology monitoring, a jurisdictional determination will be performed. 8.2.2 Wetland Contingency Hydrological contingency will require consultation with hydrologists and regulatory agencies if wetland hydrology enhancement is not achieved. Floodplain surface modifications, including construction of ephemeral pools, represent a likely mechanism to increase the floodplain area in support of jurisdictional wetlands. Recommendations for contingency to establish wetland hydrology will be implemented and monitored until Hydrology Success Criteria are achieved. 8.3 Vegetation Restoration monitoring procedures for vegetation will monitor plant survival and species diversity. After planting has been completed in winter or early spring, an initial evaluation will be performed to verify planting methods and to determine initial species composition and density. Supplemental planting and additional modifications will be implemented, if necessary. A photographic record of plant growth should be included in each annual monitoring report. During the first year, vegetation will receive a cursory, visual evaluation on a periodic basis to ascertain the degree of overtopping of planted elements by nuisance species. Subsequently, quantitative sampling of vegetation will be performed as outlined in the CVS-EEP Protocol for Recording Vegetation, Version 4.0 (Lee et al. 2006) in September of the first monitoring year and annually between June 1 and September 30 for the remainder of the monitoring period until vegetation success criteria are achieved. During quantitative vegetation sampling in early fall of the first year, 10 sample plots (10 meters by 10 meters) will be randomly placed within the Site; however, best professional judgment may be necessary to establish vegetative monitoring plots upon completion of construction activities. In each sample plot, vegetation parameters to be monitored include species composition and species density. 8.3.1 Vegetation Success Criteria Success criteria have been established to verify that the vegetation component supports community elements necessary for forest development. Success criteria are dependent upon the density and growth of characteristic forest species. Additional success criteria are dependent Mitigation Plan (Contract No. 003271) page 32 Herman Diary Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina upon the density and growth of "Characteristic Tree Species." Characteristic Tree Species include planted species, species identified through visual inventory of an approved reference (relatively undisturbed) forest community, and species outlined in Schafale and Weakley (1990). An average density of 320 stems per acre of Characteristic Tree Species must be surviving in the first three monitoring years. Subsequently, 290 Characteristic Tree Species per acre must be surviving in year 4, 260 Characteristic Tree Species per acre in year 5, and 210 Characteristic Tree Species per acre in year 7. No single volunteer species (most notably red maple, loblolly pine, and sweet gum) will comprise more than 20 percent of the total composition at years 3, 5, or 7. If this occurs, remedial procedures/protocols outlined in the contingency plan will be implemented. During years 3, 5, and 7, no single volunteer species, comprising over 20 percent of the total composition, may be more than twice the height of the planted trees. If this occurs, remedial procedures outlined in the contingency plan will be implemented. If, within the first 3 years, any species exhibits greater than 50 percent mortality, the species will either be replanted or an acceptable replacement species will be planted in its place as specified in the contingency plan. 8.3.2 Vegetation Contingency If vegetation success criteria are not achieved based on average density calculations from combined plots over the entire restoration area, supplemental planting may be performed with tree species approved by regulatory agencies. Supplemental planting will be performed as needed until achievement of vegetation success criteria. 8.4 Scheduling and Reporting The first year monitoring report will be submitted at the end of December after Site implementation. Monitoring will continue for five years for streams and wetlands, and seven year for vegetation or until agreed upon success criteria are achieved, with a report submitted by the end of December for each monitoring year (years 1-5 and year 7). Mitigation Plan (Contract No. 003271) page 33 Herman Diaty Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina 9.0 REFERENCES Acrement, Jr., G.J. and V.R. Schneider. 1989. Guide for Selecting Manning's Roughness Coefficients for Natural Channels and Floodplains. U.S. Geological Survey Water Supply Paper 2339, 38 pp. Amoroso, J.L. and J. T. Finnegan. 2002. Natural Heritage Program List of the Rare Plant Species of North Carolina. North Carolina Natural Heritage Program, Division of Parks and Recreation, N.C. Department of Environment, Health and Natural Resources, Raleigh. 111 pp. Cowan, W.L. 1956. Estimating Hydraulic Roughness Coefficients. Agricultural Engineering, 37, 473-475. Cowardin, Lewis M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classifications of Wetlands and Deepwater Habitats of the United States. U.S. Fish and Wildlife Service. U.S. Government Printing Office, Washington D.C. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1. United States Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. Gordon, N.D., T.A. McMahon, and B.L. Finlayson. 1992. Stream Hydrology: an Introduction for Ecologists. John Wiley & Sons, Ltd. West Sussex, England. Griffith, G.E. 2002. Ecoregions of North and South Carolina. Reston Virginia. U.S. Geological Society (map scale 1:1,500,000). Harman, W.A., G.D. Jennings, J.M. Patterson, D.R. Clinton, L.A. O'Hara, A. Jessup, R. Everhart. 1999. Bankfull Hydraulic Geometry Relationships for North Carolina Streams. N.C. State University, Raleigh, North Carolina. Kral, R. 1983. A Report on Some Rare, Threatened, or Endangered Forest-related Vascular Plants of the South. United States Department of Agriculture, Forest Service, Southern Region, Atlanta, GA. Technical Publication R8-TP 2. 1305 pp. Lee, Michael T., R.K. Peet, S.D. Roberts, and T.R. Wentworth. 2006. CVS-EEP Protocol for Recording Vegetation, Version 4.0. (online). Available: http://cvs.bio.unc.edu/methods.htm. Leopold, L.B. 1994. A View of the River. Harvard University Press. Cambridge, MA. 298 pp. Mitigation Plan (Contract No. 003271) page 34 Herman Diaty Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina Manning, R. 1891. On the Flow of Water in Open Channels and Pipes. Transactions of the Institution of Civil Engineers of Ireland. 20, 161-20. Martof, B.S., W.M. Palmer, J.R. Bailey, and J.R. Harrison III. 1980. Amphibians and Reptiles of the Carolinas and Virginia. The University of North Carolina Press, Chapel Hill, NC. 264 pp. North Carolina Division of Water Quality (NCDWQ). 2001. Benthic Macro invertebrate Monitoring Protocols for Compensatory Mitigation. 401/Wetlands Unit, Department of Environment and Natural Resources. Raleigh, North Carolina. North Carolina Division of Water Quality (NCDWQ). 2006. Standard Operating Procedures for Benthic Macro invertebrates. Biological Assessment Unit, Department of Environment and Natural Resources. Raleigh, North Carolina. North Carolina Division of Water Quality (NCDWQ). 2010a. Final North Carolina Water Quality Assessment and Impaired Waters List (NC 2010 Integrated Report Category 4 and 5, 303(d) List Approved Auguts 31, 2010) (online). Available: http://portal.ncdenr.org/c/document-library/get_file?uuid=8ffobb29-62c2-4b33-810c- 2eee5afa75e9&groupId=38364 [December 8, 2010]. North Carolina Department of Environment and Natural Resources, Raleigh, North Carolina. North Carolina Division of Water Quality (NCDWQ). 2010b. North Carolina Water Bodies Report (online). Available: http://h2o.enr.state.nc.us/bims/reports/basinsandwaterbodies/03-08-32.pdf [December 8, 2010]. North Carolina Department of Environment and Natural Resources, Raleigh. North Carolina Ecosystem Enhancement Program (NCEEP). 2009. Upper Catawba River Basin Restoration Priorities 2009 (online). Available: http://www.nceep.net/services/restplans/Upper_Catawba_RBRP_2009.pdf [December 8, 2010]. North Carolina Department of Environment and Natural Resources, Raleigh. North Carolina. North Carolina Wetland Functional Assessment Team (NCWFAT). 2008. N.C. Wetland Assessment Method (NCWAM) User Manual. North Carolina Wetland Functional Assessment Team, Raleigh, North Carolina. Palmer, W.M. and A.L. Braswell. 1995. Reptiles of North Carolina. The University of North Carolina Press, Chapel Hill, NC. 412 pp. Radford, A.E., H.E. Ahles, and C.R. Bell. 1968. Manual of the Vascular Flora of the Carolinas. The University of North Carolina Press, Chapel Hill. 1183 pp. Rosgen D. 1996. Applied River Morphology. Wildland Hydrology. Pagosa Springs, Colorado. Mitigation Plan (Contract No. 003271) page 35 Herman Diaiy Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina: Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, North Ccarolina Department of Environment, Health, and Natural Resources. Raleigh, North Carolina. United States Army Corps of Engineers (USACE), United States Environmental Protection Agency (USEPA), North Carolina Wildlife Resources Commission (NCWRC), Natural Resources Conservation Service (NRCS), and North Carolina Division of Water Quality (NCDWQ). 2003. Stream Mitigation Guidelines. State of North Carolina. United States Army Corps of Engineers (USACE) and North Carolina Division of Water Quality (NCDWQ). 2007. Information Regarding Stream Restoration with Emphasis on the Coastal Plain-Draft. Available: http://www.nceep.net/business/landowner/Guidance-Stream_Restoration_with_Emphasis -on-Coastal_Plains.pdf [September 28, 2009]. United States Department of Agriculture (USDA). 1995. Soil Survey of Alexander County, North Carolina. Natural Resources Conservation Service, United States Department of Agriculture. United States Department of Agriculture (USDA). 2010. Web Soil Survey (online). Available: http://websoilsurvey.nres.usda.gov/app/WebSoilSurvey.aspx [February 25, 2010]. United States Environmental Protection Agency (USEPA). 1990. Mitigation Site Type Classification (MiST). USEPA Workshop, August 13-15, 1989. EPA Region IV and Hardwood Research Cooperative, NCSU, Raleigh, North Carolina. United States Geological Survey (USGS). 1974. Hydrologic Unit Map - 1974. State of North Carolina. United States Geological Survey (USGS). 2006. Estimating the Magnitude and Frequency of Floods in Rural Basins of North Carolina - Recompiled. USGS Water-Resources Investigations Report 01-4207. Raleigh, North Carolina. Weakley, Alan S. 2007. Flora of the Carolinas, Virginia, Georgia, and Surrounding Areas (online). Available: http://www.herbarium.unc.edu/WeakleysFiora.pdf [February 1, 2008]. University of North Carolina Herbarium, North Carolina Botanical Garden, University of North Carolina, Chapel Hill, North Carolina. Mitigation Plan (Contract No. 003271) page 36 Herman Diary Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina APPENDIX A FIGURES Figure 1. Site Location Figure 2. Hydrologic Unit Map Figure 3A-B. Topography and Drainage Area Figure 4. Existing Conditions Figure 5A. Reference Reach Vicinity Map Figure 5B. Reference Site 1 Watershed Figure 5C. Reference Site 1 Existing Conditions Figure 5D. Reference Reach 1 Dimension. Pattern, and Profile Figure 6. Restoration Plan Figure 7. Typical Structure Details Figure 8. NCWAM Wetland Types Figure 9. Planting Plan Mitigation Plan (Contract No. 003271) Appendices Herman Diaiy Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina - I A Axiom Environmental HERMAN DAIRY Dwn. By: WGL FIGURE 218 Snow Avenue Date: Raleigh, NC 27603 STREAM AND WETLAND MITIGATION SITE Dec 2010 (919) 215-1693 SITE LOCATION Project: m?. ??. Alexander County, North Carolina 10-016 N ALLEGHANY r ASHE SURRY Site Location in 14-Digit Hydrologic Unit 03050101120030 a Targeted Local Watershed DKI WILKES MITCHELL CALDWELL ALEXANEER YANCEY IREDELL BURKE MCDOWELL CATA',VBA BUNCOMB LINCC! i`d ENDE RUTHERFORD CLEVELAND POLK GASTON MECKLENBURG Legend Herman Dairy Site Hydrologic Unit 03050101 ® 14 Digit HU 03050101120030 0 5 10 20 Miles 1 - Axiom Environmental 218 Snow Avenue Ral A eigh, NC 27603 HERMAN DAIRY STREAM AND WETLAND MITIGATION SITE Dwn. By:WGL Date: Oct 201 FIGURE 2 (919) 215-1693 HYDROLOGIC UNIT MAP Project: aRbm?,„?m. m. Alexander County, North Carolina 10-016 Legend Q Herman Dairy Site ® Primary Drainage Area = 1.0 sq. mi. r z Secondary Drainage Area = 0.1 sq. mi. J1 0 0.05 0.1 0.2 0.3 0.4 -? Miles Dwn. By:WGL FIGURE 44 33 1 !Axiom Environmental HERMAN DAIRY l 218 Snow Avenue STREAM AND WETLAND MITIGATION SITE Date: { Raleigh, NC 27603 Jan 2011 ^ (919) 215-1693 TOPOGRAPHY AND DRAINAGE AREA project: "' Alexander County, North Carolina 10-016 WGL FIGURE Axiom Environmental HERMAN DAIRY Dwn. By: 218 Snow Avenue STREAM AND WETLAND MITIGATION SITE Date: Raleigh, NC 27603 Jan 2011 -- (919) 215-1693 TOPOGRAPHY AND DRAINAGE AREA Project: 3B ?Ea?. Alexander County, North Carolina 10-016 L 11 0 150 300 600 900 1,200 Feet Legend Final Easement = 32.5 ac +^# Perrenial Streams = 3680 ft Intermittent Streams = 1113 ft Muddy Fork Ditches f-- Power Line ; 1k, ® Jurisdictional Wetland = 2.3 ac » I Hydric Soils = 10.6 ac (within easement; ?M Soil Boundary Iff Notes: 1.0 - Perrennial stream footage does not include Muddy Fork. 2.0 - Soil profiles are depicted in Section 5.3.2 (Profile Descriptions) Soil Profile 2 Y YYY???666 k ; Ast"t Soil Pr J®r_r ' -' ?" 1 r LJ T 2 t, ? F ! ?.. _ Hydric Symbol Status Soil Name Soil Taxonomy CoA Class B Codorus Loam, 0-2% Slopes FluvaquenticDystrudepts Class B and Oxyaquic Dystrudepts and DaA Dan River and Comus Soils 0-4% Slopes 4! Nonhydric Fluventic Dystrudepts . HaA Class A Hatboro Loam, 0-2% Slopes Fluvaquentic Endoaquepts PfB Nonhydric Pfafftown Sandv Loam. 2-6% Slooe Tvoic Hanludults Dwn. By:WGL FIGURE Axiom Environmental HERMAN DAIRY 216 Snow Avenue STREAM AND WETLAND MITIGATION SITE Date: Raleigh, NC 27603 Jan 2011 A(919) 215-1693 EXISTING CONDITIONS Project: 4 prom; ??. Alexander County, North Carolina 10-016 WGL FIGURE Axiom Environmental HERMAN DAIRY Dwn. By: 218 Snow Avenue STREAM AND WETLAND MITIGATION SITE Date: Raleigh, NC z?so3 Jan 2011 n A(919) 215-1693 REFERENCE SITE VICINITY MAP Project: 5A Axiom Gam.- 1, Inc. Alexander County, North Carolina 10-016 - Axiom Environmental HERMAN DAIRY Dwn. By: WGL FIGURE 218 Snow Avenue STREAM AND WETLAND MITIGATION SITE Date: Raleigh, NC 27603 Jan 2011 G A(919) 215-1693 REFERENCE SITE 1 - WATERSHED Project: 5 B ??«m. . Alexander County, North Carolina 10-016 - --- wGL FIGURE Axiom Environmental HERMAN DAIRY Dwn. By: 218 A Snow Avenue STREAM AND WETLAND MITIGATION SITE Date: Raleigh, NC 27603 Jan 2011 ??j (919) 215-1693 REFERENCE SITE 1 - EXISTING CONDITIONS Project: 5C Axlan ?nwronmrygal, In C. Alexander County, North Carolina 10-016 >, o _? C (B c LU 'Q^ (B(n 0 U V/ LD a) a U) 2 0 L ca c _ o ca U o d o cu _0 C a Ecm 0 C C o L ? Q I G W O Q O .E _ Z Q Z N o 0 Q > q Z n e y c o ` 0 ^ ,? II y C C II O p ` C n O 6 W ` LU 11 11 0 co ?.1='r 11 a ct ?N<O?p)m0 OT fh V^ a m? r >. ^^ O II m r N cV ~c6 ^ N r O OJ O ^O II prNN~ II II II X`= II II II E II II II L c 0 Q10 .?I d'?I KYY II II II Y >Y C CUQF- `l Y co U C i 1,.10 p C COQI- N d Nd E N N?dZ.. Y d Q? N 0000 (0? C N N?tL Z.?_, ¢o3omm?l,_wu? d E N 'C' d .N [p??0 00 -,r V N p,T 0 N O I a) ?; O O O O O ? O 11 0 C) O y I y N- N o 0 C O o > Co CL 0) -_1 a (n In (n (n ?o (n I if 0 0 t-t - --? m m m m M OHIO I. ^th ? V ^ ? NOCOrv m of °' ? v cn OI 'nM??O 11 r 9 0 3 ?cO "oil ^ d n - O o'+'a,.? u a 11 o o z n II dII n3 m?II J J???p'??tr rn a O In N O O N O lt) O O O O O O L O N r '- h N ^ II II I w x ?Y co d Q ?o O O 0 N O N O O O N O O O O O 6mi m ? ? ? >, o C Z _? (0 0 U ? C ? L- M o - a Co N o w` W E a, C O N ° o N {= X O o z _ N Z E O r y Z q Z N D 1 .L" L N U O U N CO ` t0 U ? N O c0 O V N N II V ? 11 `- II N N II C II f? II ? N ^ it c o E > S N C 0 U 0 'UO O E 0 C ? (` J tp U y L C N CL co v N L X W_ c = U o o E W m m 2 Y a N N t0 U C C N N co / cl ? ? Q C N N ? ? LO N o -'m N N C W > > N f0 ? L mom - ?tt? E E E E m y m m m a Q `c `c t0 ? Ew?nw / min inw w / co ( 2 2 Z Z F? O II I Itl ? F. ',. 1 i ?C of y v ?m v -5 JN?m °80 .$ Q -yw a?o° All) . . .... (RS? r ?Ua U9_ ` New = .. 4 _Z5 $o 7WNW b ? HNW Et JUI? y O - ? Of s_ :3 c LLJ Of c o (6 (n O '5 U 0 C: U = LU w w W a ??ow o u ..9 a) z a Q C, m z? m= 0 SL z .- n c i I. ?= 1 I _ 1 I - 1 I I 11 i - I I 1 - I I I 1 z Ir^? I / I I ? 1 // I I 1 Hill I 1 - 41 it 3 vj Cp _ ? m ?? aF pl _ ??' S zy \\ I - / I U ?o °m J 1 oz ` < 5 / O r m° ?------ -- -- / - / g? ? J? aW al 10 U ^s w? I l z.? z ?-- I I ?a \ I z a m a 1 I ? 1 ys N Legend H rm n D ir Sit e a a y e ., Iu r.a sy,.s ,' gyp. Streams v ?TMi -.f?r? x Braided Stream Power Line Terracell NCWAM Wetland Types - Bottomland Hardwood Forest =2.2 acre Headwater Forest = 7.2 acres s Seep = 1.3 acres C h Ss ` s I ? ' r II Il J? I { ? IJ l t f J? J# R F4?-. W? t e'3 '.Z S ?'.y'V" ;.} '?'• .?lllf? S ...? mow" T _ a r , x i E ? rlM 4y m 3 9 .. - 7 '?J7' Feet 0 130 260 520 780 1,040 Dwn. By: CLF FIGURE Axiom Environmental HERMAN DAIRY 218 Snow Avenue STREAM AND WETLAND MITIGATION SITE Date: Raleigh, NC 27603 Jan 2011 8 (919) 215-1693 PROPOSED NCWAM WETLAND TYPES P roject: AxiOrtI FjINfOlII110I113?. C. Alexander County, North Carolina 10-016 Dwn. By: CLF FIGURE Axiom Environmental HERMAN DAIRY A218 Snow Avenue Date: Raleigh, NC 27603 STREAM AND WETLAND MITIGATION SITE Jan 2011 n (919) 215-1693 PLANTING PLAN Project: 9 ?. ?? Alexander County, North Carolina 10-016 Appendix B Existing Stream Data Figure B 1. Existing Stream Cross-section Locations Existing Stream Data Mitigation Plan (Contract No. 003271) Appendices Herman Diaiy Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina o N C m w r z i -`J C C M U N 0 _ W c 0 L CIO (n co w I cu ? U P cn U o 0 o a E (Op t' O U) 0 O J "' m '- m o < z x O U Z Q z > 90 - - Rz U M C 11 O ? U E E CU L (n lA 0 w cn U ? I J I O c Qo N N u O ?n X X ?t ?, X 00 N N T- U) CY) F- X / X X U) X X Z 0 r o ¢ O ? E s 3 (U) uoyenal3 w F= r E N 3 s V) N O (A) uogenal3 `o a v E `o o m a ? m w w a v _ i0 ? O ? Q? O N N ? r n ? ° N E ? E c m w ?- Q r ^ w ? ? E d E „ c u ? O a ? 3 c l ? A ? m a N v N c U v N u ? D O a y a C m °r C m C o? o a - o E F ? o b ? p c O 'O . ? v m v c m ?, O N N m C y L ? Z ? V y ? m A ?E m d t r o u s m y v y o wa'ri ?n ? m L o ci o °o ° p o d ° o o o o m o> ?r? ? N o o u? A O ry E ? u a E c m v m ? ?. ,r m ?- m N E E q v u o m N m ? 'T n a ' O ' m v m D r m ' : 2 a o o v _>. ° n > 1 2 3i m l c a m H V a il o ? L? m ? o . u °' m c o x > a v, LL ;` V u E , c rv cONrmiO y La o oa oo° od E ° oo o . a r ;; H d U_ ? dE O c i I I i I d N X F t o` K d d' F Q 3 (y) uouenal3 N X t H LG J d O t o M 3 0 v c 3 c 0 N N O O N ? N N m ?Nai i U U O « A ? N U d j - E E c L 6 n ? 3 _? w A ? ? o ry ? ' U C « m ? ? 12 _ 0 N - .V ? g O Q G ? p ? U U O ? O O q ? ? C ?' Y O O ? O O O 0 Q O O y V O N O NIO O O O O 0 0 WO O W-11-13 a K z 5 r` I o ? <a z J K o E n ? br' 3 e r r (4)uogena. n w E `o M N N u) O Ol O O N mI0000 O D O II IO O . m of o-? X Z G s' 0 v K E f' 5 c d E J 5 c `o t l0 o E Y ? O V U m N y N y j o u t v G m , ? .? > y J N C O ? N J O O p ? 0 ? O ¢ o ? Y O O Q1 O tp D O O D D O D O O j O m w w °m r 1Dr n n n (y) uogena(g N t 0 ? n (u)uo!lena? r r m a m m `o F N a a ? V n to ? N O N d o ?oo°rN w o E ? E c m ? Q r v E N E E ,? c v n ? 3 ? ? ? m o o y N r o E O -? Q t w c a E o -- a L ? ? m y o o L v w e o o N a C - ' 2 2 o J a t x z H t z c 0 s 3 I ? . o a r s io o u o ... . x 3a 9 ? > v ? LV, ? ii ? t u E °1 O O Q f? r U e O o o o o o p O q od ° O y 0 0 o a n ? r>?ov? ), o oo oo r v 0 (y) uo4ena13 ? 0 c HIHIT I e X H yt J a - 1 E _ 3 c c 0 v c 11 llo (u) uoi{enR13 N V O r 0 F ?O O M NR Iv IO O O o O o o IMO go d j a C U ^ O N L N p� a Appendix C Flood Frequency Analysis Data Mitigation Plan (Contract No. 003371) Appendices Herman Diary Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina N Z, d ? O E C_ r W O L Q N .2 LO O 11? N N y O ea JT O c ? ea m v? _ ? d M 2 ? m u E ? O C N cj O jx *P m 16- 0 N w cc ! I I i t I i I ; ? ? Y 1 H R } w r? lD Ln CT m N r•1 (puo:)as aad papiqm) agjeg3sia (D 0) ? - 2 OR --;? (D LO N M (D IT C14 C14 LO CY) N N M In f- O R ? N M - tl? N 0 N 0 U) 0 0 0 C d T ? ?- N LO 7 r N c O a7 E m Q I.L a) 7 m C O d Q' () 6 a L a? C N d R C M O m O O O O O O ri 1-1 a) m u H U E L 04 J ti m d c c v Appendix D Jurisdicitonal Determination Info Mitigation Plan (Contract No. 003271) Appendices Herman Diary Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new in(Omliation li,r further con?ideraticm by the Corps to reevaluate the JD. SFCTION lI - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERIMIT RLASO'?5 I:O1' APPEAL OR 013JLC HONS. (Describe Maur yea r>ns fur aphealin?,the decisi?r? car your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) - ADDITIONAL INFORMATION: The appeal is limited to a review- of the administrative record. the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However. you may provide additional information to clarifN the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION It'v ou have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: Tasha McCormick, Project Manager Jason Steele USAGE, Asheville Regulatory Field Office Administrative Appeals Review Officer 151 Patton Ave 60 Forsyth Street. SW (Room 9M10) R%M 208 Atlanta. GA 30303-8801 Asheville. NC 28806 404-562-5137 828-271-7980 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature rf aphcil-nt or agent. For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to: District Engineer, Wilmington Regulatory Division, Attn: Tasha McCormick, Project Manager, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, NC 28801. 10-014 Action Id. 2010-01918 Property Owner: Address: Telephone No. U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT County: Alexander U.S.G.S. Quad: Tavlorsville NOTIFICATION OF.IURISDICTIONAL DETERMINATION Tavlorsville NC 28681 Raleigh, NC 27607 828-312-5310 919-306-2027 Property description: Size (acres) 50 acres +- Nearest Waterway Mudd% Fork Nearest Town Tavlorsville River Basin Catawba Coordinates Approximately 35.9316 1'7,N, -81.2069490 W Location description The site is located off of Three Forks Church Road (SR 1313), Tavlorsville. Alexander Countv, NC The site contains unnamed tributaries to Muddv Fork and adiacent wetlands. Indicate Which of the Following Apply: A. Preliminary Determination Based on preliminary information, there may be waters on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters and wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We strongly suggest you have the waters on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. X The waters on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. -Nction Id. 2010-01918 This delineation/detetmination has been conducted to identify the limits of COE's Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Placement of dredged or fill material within waters of the US andi'or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Tasha McCormick at 828-271-7980. C. Basis For Determination The site contains wetlands as determined by the USACE 1987 Wetland Delineation Manual and contains stream channels located on the property that exhibit indicators of ordinary high water marks. The stream channels on the property are unnamed tributaries to Muddy Fork which flows into the Little River which ultimately flows into the Catawba River. The Catawba joins the Santee-Cooper River in South Carolina before entering the Atlantic Ocean. Is a Section 10 water at the Mountain Island Lake Dam on Lake Wylie in Mecklenburg County. D. Remarks Site visit conducted on No-,ember 18, 2010 by Amanda Jones. E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Program Attn: Tasha McCormick, Project Manager 151 Patton Avenue, Room 208 Asheville. North Carolina 28801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete; that it meets the criteria for appeal tinder 3-33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP Should you decide to submit an RFA form, it must be received at the above address by March 27, 2011. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence." l Corps Regulatory Official: Tasha McCormick. 1A Issue Date: January 26, 2011 Expiration Date: January 26. 2016 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at httn:r'7regulatorv.usacesurvev.comr' to complete the survey online. NOT11"ICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND RFQI. IES'T FOR APPEAL Applicant: tied Merman i l-ile Number 2010-01918 Date: Januar% 26. X01 1 Attached is: _ See Section below _ INITIAL PROFFERED PERMIT (Standard Permit or Letter of A ermission) PROFFERED PERMIT (Standard Permit or Letter of permission). B _ I PERMIT DENIAL - - -_ -?? C X : APPROVED JURISDICTIONAL DETERMINATION D I'l:l i-1\II\ \K`? Jl"RISDICTION:A[. DETERMINATION E SFCTI(')N I - I_lie followin?a identities vour reuhts and options re?oarding an administrative appeal of the above decision. Additional information stay be bound at httD://www.usace.arnlv.inilljnet'funetions/cw/cecwofreg or 3 3I P art . Corps regulations at 33 C FR V INI I I \I, 111MI-1-FRI.D Pi:R\11 F: N'ou mac accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that thi: permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evacuate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: if you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the forni to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II ofthis form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the firm to the division engineer. This form must be received by 4 the division engineer within 60 days of the date of this notice. Axiom Environmental, Inc. 20 Enterprise Street, Suite 7, Raleigh, North Carolina 27607 919-306-2027 December 13, 2010 Ms. Amanda Jones US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 RE: Section 404 Jurisdictional Area Delineation 10-016 Herman Dairy Farm (Ned Herman Property) Alexander County, NC Dear Ms. Jones, Axiom Environmental would like to request written verification of jurisdictional areas located on several parcels of land in central Alexander County, North Carolina. The area of interest consists of Property Numbers 0008217, 0064946, and 0066298 owned by Herman Diary Farm (c/o Ned Herman) (Site) of Taylorsville, North Carolina. During the previous site visit, held on November 18, we agreed up a wetland boundary that was subsequently delineated. Flags were placed along the wetland boundary and the positions were surveyed. All jurisdictional areas were delineated in accordance with the methodology established by the Corps of Engineers Wetland Delineation Manual (Technical Report Y-8-1) and U.S. Army Corps of Engineers Jurisdictional Determination Form Instructional Guidebook. This package includes USACE Stream Quality Assessment Worksheets, USACE Routine Wetland Determination Forms, and NCWAM Assessment Forms. Also included are figures showing the location of the Site, Natural Resources Conservation Service mapped hydric soils, topography of the Site, jurisdictional features, and LIDAR. If you would like to schedule an additional site visit, need any additional information regarding Herman Dairy Farm, or have any comments please feel free to contact me at (919) 306-2027. Best, Matthew D. Thomas Enc. Cc: Worth Creech, Restoration Systems, LLC. Axiom Environmental HERMAN DAIRY Dwn. By: WGL FIGURE 20 Enterprise St. #7 Date: Raleigh, NC 27607 STREAM AND WETLAND RESTORATION SITE Feb 2010 (919) 215-1693 SITE LOCATION Project: L _, A- I I Alexander County, North Carolina 09-002 r '%• If 1t k 14 13 13 i L -----tet � ti,'rl ti / ��---.��__, r� �,! ■■ y}} �;,i_ `�,��f•f � 1 t P� J 1d 11 1 i f 1 I � • ■ b rf��� r O \\` 1 • � V /,•�--..ter � 7 } N f A-. It I i ��P i�� fl/+� -�� y d r %1 �, � �`�,..� ,�,. rj-C,y� • I *�` "~ j �iI jJ j k '�---fir. ti ` r �„--�+` Li j � `^' � j 1 '''�•�; } �t,`i`, , � I e � � �`��r, � • Background imagery source: �1 ~�. Legendf Taylorsville and Ellendale, NC 7.5- ` V (` r r • minute topographic quadrangles provided f" Current Property Boundary by the United States Geological Survey.7 77 77- �� ✓ n,� t - p Younry t. Proposed Conservation Easement 0 445 890 1,780 2,670 3,560 NCDOT Road Feet -1 Prepared for: Project: Title: Drawn by: MDT HERMAN DAIRY FARM TOPOGRAPHIC Date: OCT 2010 FIGURE MAP Scale: 1:12000 Alexander County, NC Project No.: 10-016 :[.urn Emrn unm.+n�;,l, Irr.. 1 tgy a? ; + t NN Y . -e rt Y _ ?- '". r +C ?- . wan 's` M 747. ajry ?z 44 .? LEGEND az, - Proposed Conservation Easement .100 Foot Contour Background imagery source: Concord SE and Midland, NC 7.5- minute topographic quadrangles provided 20 Foot Contour by the United States Geological Survey. 4 Foot Contour Feet 2 Foot Contour 0 187.5 375 750 1,125 1 500x Prepared for: Project: Tide: Drawn by: MDT HERMAN DAIRY FARM CONTOUR Date: OCT 2010 FIGURE MAP Scale: 1:4000 Alexander County, NC 4 A.- el?rt>IR,???ai, Irc. Project No.: 10-016 AC05 I W, I "PROW TIOI TAD03 T 0 7A 0Al 4 2 TAD05 TACOI @2B@TuM%�7 TH07 TAD08 TH05TI08 @12mg-MMEN THO TAD11 IFTH04 T112 TAD12 TA41 TA43TA44TA45 TH03 TA51 TH01 T113 TA39 g"T 14 TA50 TA37 - �& T116 TA27TA28TA35 47TA52 TA53 TI 17 TA36 QUI TA26 TA54TA2q----TA14 Droviaea r s a p A ' :? - - r, LLJ 0 y 3 't ,. ati. N O 1 1, 'r. a J U 2 _ LL O ' _ ,? of _ n c o c c 2 o o H 03y a a0 - .r r +A _ <y +? t 3 T 3 ti` r 15 44 is .t ! 2 . t W }# s g J x, }. ° kt _a v r 4p- IN, 14* -Qu err xr. 71 M J '. a . r+''°r. ' T,+ ,C+? _ '?•.?" ; yi at _. ..'-?1? 1-? Y"` . ?? Yr`"` y' ?y Background imagery source % Concord SE and Midland, NC 7.5- minute topographic quadrangles provided A ? LEGEND by the United States Geological Survey. LIDAR image provided by nconemap.com.r2 ,- Current Property Boundary Feet , Proposed Conservation Easement 0 2,500 5,000 10,000 15 000 20 000 Prepared for: Project Title: Drawn by: MDT A HERMAN DAIRY FARM LIDAR MAP Date: OCT 201o FIGURE Alexander County, NC Scale: 1:60000 7 Amm 'M Project No.: 10-016 USACE AID# DWQ # Site # UT1 STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment: 1. Applicant's name: Restoration Systems 2. Evaluator's name: Axiom - M. Thomas 3. Date of evaluation: 9/28/10 4. Time of evaluation: 12 pm 5. Name of stream: UT to Muddy Fork 6. River basin: Catawba 7. Approximate drainage area: 670 ac 8. Stream order: 2nd 9. Length of reach evaluated: 100' 10. County: Alexander 11. Site coordinates (if known): 35.9315, -81.2067 12. Subdivision name (if any): 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): on 14. Proposed channel work (if any): stream restoration 15. Recent weather conditions: avg temps, below avg ppt 16. Site conditions at time of visit: sunny, 50°F 17. Identify any special waterway classifications known: Section 10 Tidal Waters Essential Fisheries Habitat Trout Waters Outstanding Resource Waters Nutrient Sensitive Waters Water Supply Watershed (I-IV) 18. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 2 ac 19. Does channel appear on USGS quad map? YES NO 21. Estimated watershed land use: 10% Residential 30% Forested 22. Bankfull width: 8' 24. Channel slope down center of stream: Flat (0 to 2%) 25. Channel sinuosity: Straight Occasional bends 20. Does channel appear on USDA Soil Su % Commercial % Industrial 15% Cleared / Logged % Other ( 23. Bank height (from bed to top of bank):. Gentle (2 to 4%) Moderate (4 to 10%', Frequent meander Very sinuous rvey? YES NO 45% Agricultural 4' Steep (>10%) Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 37 Comments Evaluator's Signature Date 11/19/10 This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET # CHARACTERISTICS ECOREGION POIN T RANGE SCORE Coastal Piedmont Mountain 1 Presence of flow / persistent pools in stream no flow or saturation = 0: strong flow = max points) 0-5 0-4 0-5 4 2 Evidence of past human alteration (extensive alteration = 0: no alteration = max oints 0 - 6 0 - 5 0 - 5 3 3 Riparian zone no buffer = 0; contiguous, wide buffer = max points) 0-6 0-4 0-5 1 4 Evidence of nutrient or chemical discharges extensive discharges = 0; no discharges = max points) 0-5 0-4 0-4 2 ,.a 5 Groundwater discharge U no discharge = 0; springs, seeps, wetlands, etc. = max points) 0-3 0-4 0-4 3 6 Presence of adjacent floodplain no flood lain = 0; extensive flood lain = max points) 0- 4 0- 4 0- 2 1 a 7 Entrenchment / floodplain access (deeply entrenched = 0; frequent flooding = max points) 0- 5 0- 4 0- 2 0 8 Presence of adjacent wetlands no wetlands = 0: large adjacent wetlands = max points) 0-6 0-4 0-2 0 9 Channel sinuosity extensive channelization = 0, natural meander = max oints 0-5 0-4 0-3 1 10 Sediment input 0-5 0-4 0-4 1 extensive deposition= 0; little or no sediment = max points) 11 Size & diversity of channel bed substrate * fine, homogenous = 0; large, diverse sizes = max points) NA 0-4 0-5 2 12 Evidence of channel incision or widening y+ (deeply incised = 0; stable bed & banks = max points) 0-5 0-4 0-5 1 13 Presence of major bank failures -? severe erosion = 0; no erosion, stable banks = max oints 0-5 0-5 0-5 1 14 Root depth and density on banks H no visible roots = 0; dense roots throughout = max points) 0-3 0-4 0-5 2 15 Impact by agriculture, livestock, or timber production substantial impact =0; no evidence = max points) 0-5 0-4 0-5 1 16 Presence of riffle-pool/ripple-pool complexes no riffles/ripples or pools = 0; well-developed = max points) 0-3 0-5 0-6 2 Q 17 Habitat complexity little or no habitat = 0• frequent, varied habitats = max points) 0-6 0-6 0-6 2 18 Canopy coverage over streambed x no shading vegetation = 0; continuous canopy = max points) 0-5 0-5 0-5 2 19 Substrate embeddedness * (deeply embedded = 0; loose structure = max NA 0-4 0-4 2 20 Presence of stream invertebrates (see page 4) no evidence = 0; common, numerous types = max points) 0-4 0-5 0-5 2 21 Presence of amphibians O no evidence = 0; common, numerous types = max points) 0-4 0-4 0-4 1 22 Presence of fish 0-4 0-4 0-4 0 no evidence = 0; common, numerous types = max points) 23 Evidence of wildlife use no evidence = 0; abundant evidence = max oints 0-6 0-5 0-5 3 Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 37 { These characteristics are not assessed in coastal streams. FUSACE AID# DWQ#, Site # UT2 STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment: 1. Applicant's name: Restoration Systems 2. Evaluator's name: Axiom Environmental/M. Thomas 3. Date of evaluation: 11/19/10 4. Time of evaluation: 4 pm 5. Name of stream: UT2 6. River basin: Catawba 7. Approximate drainage area:- 40 ac 8. Stream order: 1 st 9. Length of reach evaluated: 100' 10. County: Alexander 11. Site coordinates (if known): 35.935436, -81.206600 12. Subdivision name (if any): 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): 14. Proposed channel work (if any): Stream restoration 15. Recent weather conditions: below average ppt, average temps 16. Site conditions at time of visit: sunny, 50°F 17. Identify any special waterway classifications known: Section 10 Tidal Waters Essential Fisheries Habitat Trout Waters Outstanding Resource Waters Nutrient Sensitive Waters Water Supply Watershed (I-IV) 18. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES NO 20. Does channel appear on USDA Soil Survey? YES NO 21. Estimated watershed land use: 5% Residential % Commercial % Industrial 40% Agricultural 30% Forested 25% Cleared / Logged % Other 22. Bankfull width: 3' 23. Bank height (from bed to top of bank): 2' 24. Channel slope down center of stream: Flat (0 to 2%) Gentle (2 to 4%) Moderate (4 to 10%) Steep (>10%) 25. Channel sinuosity: Straight Occasional bends Frequent meander Very sinuous Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 40 Comments: Evaluator's Signature Date 11/19/10 This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET # CHARACTERISTICS ECOREGION POIN T RANGE SCORE Coastal Piedmont Mountain 1 Presence of flow / persistent pools in stream no flow or saturation = 0; strong flow = max points) 0-5 0-4 0-5 2 Evidence of past human alteration (extensive alteration = 0; no alteration = max points) 0-6 0-5 0-5 1 3 Riparian zone 0-6 0-4 0-5 3 no buffer = 0; contiguous, wide buffer = max oints 4 Evidence of nutrient or chemical discharges extensive discharges = 0; no discharges = max points) 0-5 0-4 0-4 2 ,.? 5 Groundwater discharge U no discharge = 0; springs, seeps, wetlands, etc. = max points) 0-3 0-4 0-4 2 .. 6 Presence of adjacent floodplain no flood lain = 0; extensive flood lain = max points) 0-4 0-4 0-2 3 a 7 Entrenchment / floodplain access dee I entrenched = 0; frequent flooding = max points) 0-5 0-4 0-2 1 8 Presence of adjacent wetlands no wetlands = 0, large adjacent wetlands = max points) 0-6 0-4 0-2 1 9 Channel sinuosity 0-5 0-4 0-3 0 extensive channelization = 0; natural meander = max points) 10 Sediment input 0-5 0-4 0-4 1 extensive deposition= 0; little or no sediment = max points) 11 Size & diversity of channel bed substrate NA* 0-4 0-5 1 fine, homogenous = 0, large, diverse sizes = max points) 12 Evidence of channel incision or widening y+ (deeply incised = 0; stable bed & banks = max points) 0-5 0-4 0-5 2 13 Presence of major bank failures 0-5 0-5 0-5 3 severe erosion = 0; no erosion, stable banks = max points) 14 Root depth and density on banks 0-3 0-4 0-5 3 E,. no visible roots = 0; dense roots throughout = max oints 1 Impact by agriculture, livestock, or timber production substantial impact =0; no evidence = max points) 0-5 0-4 0-5 2 16 Presence of riffle-pool/ripple-pool complexes E- no riffles/ripples or pools = 0. well-developed = max points) 0-3 0-5 0-6 1 Q 17 Habitat complexity 0-6 0-6 0-6 2 little or no habitat = 0; frequent, varied habitats = max points) d 18 Canopy coverage over streambed 0-5 0-5 0-5 4 x no shading vegetation = 0; continuous canopy = max points) 19 Substrate embeddedness NA* 0-4 0-4 1 (deeply embedded = 0; loose structure = max 20 Presence of stream invertebrates (see page 4) no evidence = 0• common numerous types = max points) 0-4 0-5 0-5 1 21 Presence of amphibians 0-4 0-4 0-4 0 O no evidence = 0; common, numerous types = max oints C 22 Presence of fish 0-4 0-4 0-4 0 no evidence = 0; common, numerous types = max points) 23 Evidence of wildlife use 0-6 0-5 0-5 3 (no evidence = 0; abundant evidence = max points) Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 40 * These characteristics are not assessed in coastal streams. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Herman Dairy Farm Date: 09/23/10 Applicant/Owner: Restoration Systems County: Alexander Investigator: Axiom - M. Thomas State: North Carolina Do Normal Circumstances Exist on the Site? Yes No Community ID: Headwater Wetland, Seep Is the site significantly disturbed (Atypical)? Yes No Transect ID: Upland Is the area a potential problem area? Yes No Plot ID: TG05 up VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Platanus occidentalis C FACW+ 9. 2. Liquidambar styraciflua C FAC+ 10. 3. Ligustrum sinense Sh FAC 11. 4. Rosa multiflora Sh UPL 12. 5. Phytolacca americana Sh FACU+ 13. 6. Solidago sp. H -- 14. 7. Smilax rotundifolia Sh FAC 15. 8. Lonicera japonica V FAC- 16. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-) 71% Remarks: HYDROLOGY Recorded Data (Describe in Remarks) Stream, Lake or Tide Gauge Aerial Photographs _ Other X No Recorded Data Available Field Observations: Depth of Surface Water: -- (in.) Depth to Free Water in Pit: > 12 (in.) Depth to Saturated Soil: > 12 (in.) Primary Wetland Hydrology Indicators: Inundated _ Saturated in Upper 12 Inches Water Marks Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators: (2 or more required): Oxidized Root Channels in Upper 12 Inches Water-Stained Leaves _ Local Soil Survey Data _ FAC-Neutral Test Other (Explain in Remarks) I Remarks: SOILS Map Unit Name (Series and Phase): Codous loam Taxonomy (Subgroup): Fluvaquentic Dystrudepts Drainage Class: MWD and SWPD Field Observations Confirm Mapped Type: Yes No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-3 A I OYR 4/2 Clay loam 3- 11 B I OYR 5/2 Clay loam 7.5 YR 5/6 Many/Faint 12- 13+ C I OYR 6/1 Clay loam 7.5YR 5/6 Many/Faint Hydric Soil Indicators: Histosol Concretions Histic Epipedon High Organic Content in Surface layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List X Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No Wetland Hydrology Present? Yes No Is this Sampling Point Within a Wetland? Hydric Soils Present? Yes No Yes No Remarks: .1 11 WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Projecusft A'^en a1ry Fwrwt CVCounty:`:.,41.tlvr#e f r 40(e" SampfingDaW 1f;Sf.1jV State: WC Sampling Point: Applicant/Owner, R e s jr, . ov4 lnvestigator(s)a 994, - -110.4 S Section. Township, Range: Landform (hillslope, terrace, etc.): -Tf.f'-e to Local relief (concave. convex. none): tom, riivye Slope (%)*. Subregion (LRR or MLRA): Lat; 35. 191414- Long. - RJ 0 0 T l Damn: 4 9 Soil Map Unit Name: C -,d 4r-t% S i'r#t rA NWI classrficatiow. . "RPn Are climatic t hydrologic conditions on the site typical for th s time of year's Yes No ji/ (If no, explain In Remarks.) / Are Vegetation , Soil , or Hydrology _yi significantly disturbed? Are "Normal Circumstances* present? Yes 1/ No Are Vegetation . Soil , or Hydrology naturally problematic? (It needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes CVO Is the Sampled Area Hydric Soil Present? Yes No within a Wetland? Yes No Wetland Hydrology Present? Yes No Remarks 0i <7i hMAS 04 A rf.K inn ve +1 44 i??-l'P41 c, r 4 m» :S t e S v"?" E'?n ?F,`v-r'? t ? .c f'd ? ?r?r at ??li ?y ?*nc,±?+#. HYDROLOGY Wedand Hydrology Indicators: SewnM Indicators (minimum of two r iredl Prhttwy indicators trr+inimum of nne in renuiredi check all tat aoalvl i "Surface Soil Cracks (Wi _ Surface Water (Al) _ True Aquatic Plants (814) - Sparsely Vegetated Concave Surface (88) _ High Water Table (A2) _ Hydrogen Sulfide Odor (C1) _, Drainage Patfems (Bit?) _ Saturation (A3) _ Oxidized Rhizospheres on Living Roots (C3) _, Moss Trim Litres (816) Water Marks (8i) _ Presence of Reduced Iron (C4) _ Dry-Season Water Table (C2) _ Sediment Deposits (82) _ Recent trvn Reduction in Tilled Soils (CO) ,_ Crayfish Burrows (CA) _ Drift Deposits (88) _ Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) _ Algal Mat or Crust (84) _ Other (Explain in Remarks) .-. Stunted or Stressed Plants (01) _ iron Deposits (65) - geomorphic Position (D2) - Inundation Visible on Aerial Imagery (B7) _ Shallow Aquitard (03) _ Water-Stained Leaves (89) - Microtopographic Relief (134) w Aquatic Fauna (B13) _. FAC-Neutral Test (135) Field observations: f Surface Water Present? Yes No + Depth (inches): Water Table Present? Yes No %7Depth (inches): ??_ Saturation Present? Yes . No Depth (inches): 1 Wetland Hydrology Present? Yes No (Includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections). ifavailabic Remarks US Army Carps of Engineers Eastern Mountains and Piedmont-interim Version VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: T?- 5 Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: - % Cover Soeci"7 Status Number of Dominant Species - t, i ' OaNy t`Cr N14 r& IS V es That Are OBt.. FACw, or FAC: (A) 2 w 4-4#,r ` a A Yes Total Number of Dominant Species Across All Strata: (B) 4. Percent of DominantSpecies 7 Th FACW f 1 t A FAC 08L a , or . re (A/B) . 6.. 7. Prevalence Index worksheet: 8 Total % Cover of. Multiply bv: Total Cover 481. species x 1 = SaolinoiShwb Stratum (Plot size: ) FACW species x2= 1, 1`..)c IAO K h s 4e n 5 e old Y,.c ? FAC species x3= 2. a 1'a Wa 4i44,ri%, FACU species x4= 3 "} rr CC rsters cr A t1 YeS Not UPL species x5= .41 AX refit n car ad , 0 C Column Totals: (A) t8} 5. ti Prevalence Index = B/A = 7 Hydrophyfie Vegetation Indicators: _ 1- Rapd Test for Hydrophytic Vegetation 9 _ 2 - Dominance Test is >50% 10. _ 3 - Prevalence Index is s3.0' 10 Total Cover _ 4 - Morphological Adaptations' (Provide supporiing data in Remarks or on a separate sheet) Herb Stratum (toot size: ) 11 i; ye_5 , Problematic Hydrophyttc Vegetation' (Explain) 2. 3. 'Indicators of hydre soil and welland hydrology must 4 be present, unless disturbed or problematic. . Definitions of Four Vegetation Sbift 6. Tree -Woody plants. excluding vines. 31n, (TA cm) or more in diameter at breast height (DO14), regardless of 7.. height. 8. 9 Sapling/Shrub - Woody plants. excluding vines, less . than 3 In. D8H and greater than 3.26 it (1 m) tali. Tfl. 11 Herb - AN herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 it tall, 12, l Woody Vine Stratum 'Plot size: _ Total Cover Woody vine - All woody vines greater than 3.26 it in height. 2. 3. 4 5 Hydrophytic Vegetation t3. Present? Yes NO = Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Eastem Mountains and Piedmont - Interim Version SOIL Sampling Point Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of indicators,) Depth Matjr r (mgD % (Incbjj) Coll Color#mcist) % Tyne Texture Remarks o r7 " , C=Concantrarion, D=De etion RM=Reduced Matrix. MS=Masked Sand Grains_ _ location: PL-Pore Uning, M=Matrix Hydric Soil Indicators:. Indicators for Problematic Hydrk Soils': _ Hisidsol (At) _ Dark Surface (S7) - 2 ern Muck (A10) (ULRA 147) A, Hisk Epipedon X) _ Polyvatue Below Surface (S6) (MLRA 147,148) ,_ Coast Prairie Redox (A16) Black Histic (A3) Thin Dark Surface (SS) (MLRA 147,148) (MLRA 147,148) _ Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Solis (Fig) - Stratified Layers (A5) _.. 2 cm Muck (A10) (LRR N) Depleted Matrix (F3) _Y Redox Dark Surface (F6) (MLRA 1136, 147) -sled Parent Material (TF2) - Depleted Below Dark Surface (Al 1) - Depleted Dark Surface (F7) _ Very Shallow Dark Surface (TF12) _, Thick Dark Surface (A12) _ Redox Depressions (F8) Other (Explain in Remarks) _ Sandy Mucky Mineral (Si) (LRR N, _ Iron-Manganese Masses (F12) (LRR Pt, MLRA 147,148) MLRA 136) _, Sandy Gleyed Matrix (54) _e Umbnc Surface (F13) (MLRA 136,122) ? ndicstors of f rydrophyfie vegetation and _ Sandy Redox (SS) - Piedmont Floodplain Soils (Fig) (MLRA 148) weftnd hydrology nv at be present, _ Stripped Matrix (56) unless disturbed or problematic: Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present:? Yes No Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont - Interim Version DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Herman Dairy Farm Date: 09/23/10 Applicant/Owner: Restoration Systems County: Alexander Investigator: Axiom - M. Thomas State: North Carolina Do Normal Circumstances Exist on the Site? Yes No Community ID: Headwater Wetland, Seep Is the site significantly disturbed (Atypical)? Yes No Transect ID: Wetland Is the area a potential problem area? Yes No Plot ID: TG05 wet VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Liquidambar styraciflua C FAC+ 9. 2. Acer rubrum C FAC 10. 3. Nyssa sylvatica SC, Sh FAC 11. 4. Lonicera japonica V FAC- 12. 5. Ligustrum sinense Sh FAC 13. 6. Microstegium vimineum H FAC+ 14. 7. Impatiens capensis H FACW 15. 8. Lobelia cardinalis H FACW+ 16. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-) 100% Remarks: HYDROLOGY Recorded Data (Describe in Remarks) Stream, Lake or Tide Gauge Aerial Photographs _ Other X No Recorded Data Available Field Observations: Depth of Surface Water: (in.) Depth to Free Water in Pit: 4 (in.) Depth to Saturated Soil: 3 (in.) Primary Wetland Hydrology Indicators: Inundated X Saturated in Upper 12 Inches Water Marks _ Drift Lines Sediment Deposits X Drainage Patterns in Wetlands Secondary Indicators: (2 or more required): Oxidized Root Channels in Upper 12 Inches X Water-Stained Leaves Local Soil Survey Data X FAC-Neutral Test Other (Explain in Remarks) I Remarks: SOILS Map Unit Name (Series and Phase): Codous loam Taxonomy (Subgroup): Fluvaquentic Dystrudepts Drainage Class: MWD and SWPD Field Observations Confirm Mapped Type: Yes No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-4 A I OYR 4/2 Clay loam 5-8 B I OYR 5/2 Clay loam 7.5 YR 5/6 Few/Faint 8 - 14+ C IOYR 6/1 Sandy clay loam Hydric Soil Indicators: Histosol Concretions Histic Epipedon High Organic Content in Surface layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List X Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: IL- I WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No Wetland Hydrology Present? Yes No Is this Sampling Point Within a Wetland? Hydric Soils Present? Yes No Yes No Remarks: WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont ProjaWSge; 1' llr*t & n D,a, r y Nn" City/County: +° V?i? ar: t° / arms Sampling Dale1 `1„ 3,1 ; : AppkanttOwner: (Z-s4w. r)r t' y e^ls 0_I_LC State: Sampling Pant: *Tfjes Investigator(s). fPS pa- ll`l, Section, Township. Range. l andfarm (hilbaripr! torratta, em.)- T! lel'*I f Local relief (concave, convex, none), Cd%l < +e w Slope (%y _ Subregiort (LRR or MLRA): Lot: 3 tr Low 11 Oaitrm. ? i J SoitMap l!NtName: odegirms Iltam NWl classifiication:_ j0pol Are ci mate t hydrologic conditions on the site typical for this time of year? Yes No X(if no, explain in Remarks.) Are Vegetation Soil . or Hydrology _ X_ significantly disturbW? Are "Normal Circumstances" present? Yes II No Are Vegetation . Soil , or Hydrology naturally problematic? (if needed, explain any answers in Remarks,) SUMMARY OF FINDINGS- Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No is the Sampled Area I lydric moil Present? Yes No a Wetland? Yes kr No Wetland Hydrology Present? Yes No Remarks: PO,''B eats, tt,t VA f jo tj h 0i jL#.A di , h{ u f; c a S It ifCy'Prr„* Jl'r ea?1 t IPt r?r La?3t't? 1 HYDROLOGY Wetland hydrology indicators. Secorutarv indicators (minimum of Egggkpm Primary Indicators (minimum of one is recuired- ehe& all that ariciv1 Surface Soil cracks (91511 _ face Water (Al) _ Tate Aquatic Plants (B14) _ Sparsely Vegetated Con cave.Surface (B8) - Water Table (A2) _ Hydrogen Suffide Odor (Cl) . / /Drainage Patterns (Btf!) _L01- Saturation (A3) Oxidized Rhizospheres on Living Roots (0) _ Moss Trim Unes (818) - Water Marks (B1) Presence of Reduced from (C4) -(Dry-Season Water Table (C2) Sediment Deposits (B2) _ Recent Iron Reduction in Tilled Soils (C6) Crayfish Burrows (08) _ Ord Deposits (83)' _ Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) _ Algal Mat or Crust (64) ! Other (Explain In Remarks) _ unted or Stressed Plants (DI) .- Iron Deposits (B5) Geomorphic Position (D2), Inundation Visible on Aerial imagery (87) _ Shallow Aquitard (D3) Water-Stahted Leaves- (69) Microtopographic Belief (D4) J Aquatic Fauna (813) : PAC-Neutrat Test (W) Field Obserodonsi Surface Wafer Present? Yes No Depth (Inches). Water Table Present? Yes / No Depth (Inches) - Satutation Present? Yes 7 No Depth (inches)' Wetland Hydrology Present? Yes !r No (Includes capillary fr. e Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous Inspections), if available`: Remarks: _ US Army Corps of Encineers Easter Mountains and Piedmont- interim Version VEGETATION (Four Strata) - Use scientific names of plants. Sampling point: r 30 Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: ) % Cover Species? . Stalus Number of Dominant Species 1 L;. •i ?ia,? 6. v t`Al ; ?t * 303 Yer PAC That Are OBL, FACW, or FAG: (A) 2 ?r f ` rxwt t yes EA C T t l N b f D a er o o um ominant tt 3• Species Across All Strata; (B) Percent of Dominant Species 5. That Are-QBL, FACK or FAG: (AIS) 6. 7. Prevalence Index worksheet: 8 Total % Cover of_ Multiply by: otino/Shrub Stratum (Plot size: ) Total Cover OBL species x 1 = FACW species x2= 1 61 ires*,. SW'l VA 4 rA S Ye-i' rA6 FAC species x3= 2 FACU species x4= 3, UPL species x5= 4, Column Totals: (A) (8) 5. 6 Prevalence Index = BJA = Hydrophytie Vegetation indicators: 1 - Rapid Test for Hydrophytie Vegetation g. - 2 - Dominance Test is >50% 3 - Prevalence Index is s3,0' 10. _ =Total Cover 4 - Morphological Adaplabons' (Provide supporting Herb Stratum (Plot size: .> - data in Remarks or on a separate sheet) 1 * , 1114 A yam, W - Problematic Hyydrophytic Vegetation` (Explain) 2?ty ?3 ;• It n 1 Lr 3 ` 3 i_ l l e b r J ` indicators of hydric soil and wettand hydrology must be present, unless disturbed or problematic. 4' Definitions of Four Vegetation Strata: 5, 6 Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (D8H), regardless of ? height 8 Sapling/Shrub - Woody plants, excluding vines, less 9. than 3 in. DBH and greater than 3.2E ft (I m) tall. t0. i i Herb - Ail herbaceous (non-woody) slants, regardless of size, and woody plants less than 318 It tall. 12, 60 _ Total Cover Woody vine - All woody vines greater than 3,28 ft in Woody \11ne Stratum (Plot size: 3 O V } height. T 2 3 4 5 Hydrophytic Vegetation 6 Present? Yes No = Total Cover Remarks: (include photo numbers here or on a separate suet.) US Army Corps of Engineers Eastern Mountains and Piedmont - Interim Version SOIL Samolino Point: T Profile Description: (Describe to the depth needed to document the indicator or confirm the :absence of indicators.) Depth Matrix Rejox Features (inches) COW (moist) "fo dolor (mast) _% _ Tyne Texture Remarks GL 'Type. C=Concentration, D=De letion. RM=Reduced Matrix, MS=Masked Sand Grains, kocabon. PL-Pore Lin ft, M=Matrix. Hydrae Soli Indicators: Indicators for Problematic Hydric Soils - Histosol (Al) _ Dark Surface (S7) 2 cm Muck (A10) (MLRA 147) e HisticEpipedon (A2) _ Potyvalue Below Surface (S8) (MLRA 147, 148) , Coast Prairie Redox (A16) - Stack Histic (A3) _. Thin Dark Surface (S9) (MLRA 147,148) (MLRA 147,148) Hydrogen Sulfide (A4) - Loamy Gleyed Matrix (F2) _ Piedmont Fioodplain Soils (F19) - Stratified Layers (As) i Depleted Matrix (F3) (MLRA 136,147) - 2 cm Muck (Alp) (LRR N) Redox Dark Surface (F6) Red Parent Material (72) Depleted Below Dark Surface (Al 1) _ Depleted Dark Surface (F7) ! Very Shattmv Dark Surface (TF12) _ Thick Dark Surface (A12) _ Redox Depressions (F8) _ Other (Explain in Remarks) - Sandy MuckyA+tineral (S1) (LRR:N. _ Iron-Manganese Masses (F12) (LRR N, MLRA 147,148) MLRA 136) - Sandy Gieyed Matrix (S4) _ Umbric Surface (F13) (MLRA 136, 122) i"Indicators of hydrophytic vegetation and Sandy Redox (S5) _ Piedmont Floodptain Soils (F19) (MLRA 148) wetland hydrology must be present, Stripped Maft (S6) unless disturbed or problematic. Restrictive Layer (if observed). Type: Depth (inches); / Hydric Soil Present? Yes y No Remarks, US Army Corps of Engineers Eastern Mountains and Piedmont- Interim Version APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION 1: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State:North Carolina County/parish/borough: Alexander City: Taylorsville Center coordinates of site (lat/long in degree decimal format): Lat. 35.931617° ], Long. -81.206949° . Universal Transverse Mercator: Name of nearest waterbody: Muddy Fork Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Catawba River Name of watershed or Hydrologic Unit Code (HUC): 03050101 Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: ? Field Determination. Date(s): SECTION H: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There mire # "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] Waters subject to the ebb and flow of the tide. ? Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs Impoundments of jurisdictional waters Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: 4350 linear feet: 2 - 8 width (ft) and/or acres. Wetlands:.01 acres. c. Limits (boundaries) of jurisdiction based on: ?? .. Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):3 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: 1 Boxes checked below shall be supported by completing the appropriate sections in Section III below. For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). 3 Supporting documentation is presented in Section III.F. (iv) Biological Characteristics. Channel supports (check all that apply): ? Riparian corridor. Characteristics (type, average width): ? Wetland fringe. Characteristics: ? Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain findings: ? Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Pick List. Explain: Surface flow is: Pick List Characteristics: Subsurface flow: Pick List. Explain findings: ? Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ? Directly abutting ? Not directly abutting ? Discrete wetland hydrologic connection. Explain ? Ecological connection. Explain: ? Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ? Riparian buffer. Characteristics (type, average width): ? Vegetation type/percent cover. Explain: ? Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain findings: ? Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis PT1*1 Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (WN) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section I1I.1): 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section 111.1): D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ? TNWs: linear feet width (ft), Or, acres. ? Wetlands adjacent to TNWs: acres. RPWs that flow directly or indirectly into TNWs. Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: stream scores high on USACE Stream Assessment Workshet and higher on NCDWQ Stream Worksheet. Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: low scores on the USACE Stream Assesment Worksheet and NCDWQ Stream Form. Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: 4350 linear feet 2 -8 width (ft). Other non-wetland waters: acres. Identify type(s) of waters: Non-RPWss that flow directly or indirectly into TNWs. Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): [] Tributary waters: linear feet width (ft). Other non-wetland waters: acres. Identify type(s) of waters: Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section 111.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area:.01 acres. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section IILC. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters. As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. ? Demonstrate that impoundment was created from "waters of the U.S.," or ? Demonstrate that water meets the criteria for one of the categories presented above (1-6), or [I Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):" ? which are or could be used by interstate or foreign travelers for recreational or other purposes. ? from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ? which are or could be used for industrial purposes by industries in interstate commerce. ? Interstate isolated waters. Explain: ? Other factors. Explain: See Footnote # 3. 9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (ft). Other non-wetland waters: acres. Identify type(s) of waters: Wetlands: acres. F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ? Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ? Other: (explain, if not covered above): Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): Non-wetland waters (i.e., rivers, streams): linear feet width (ft). Lakes/ponds: acres. Other non-wetland waters: acres. List type of aquatic resource: Wetlands: acres. Provide acreage estimates for non-jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): Non-wetland waters (i.e., rivers, streams): linear feet, width (ft). Lakes/ponds: acres. Other non-wetland waters: acres. List type of aquatic resource: Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Figure 6. Data sheets prepared/submitted by or on behalf of the applicant/consultant. ? Office concurs with data sheets/delineation report. ? Office does not concur with data sheets/delineation report. Data sheets prepared by the Corps: Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: ? USGS NHD data. ® USGS 8 and 12 digit HUC maps. Z U.S. Geological Survey map(s). Cite scale & quad name: Taylorsville and Ellendale, NC 7.5 minute topo quads. ER USDA Natural Resources Conservation Service Soil Survey. Citation: Soil Data Mart. ? National wetlands inventory map(s). Cite name: State/Local wetland inventory map(s): FEMA/FIRM maps: 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ? Aerial (Name & Date): or ® Other (Name & Date): September 28, 2010. ? Previous determination(s). File no. and date of response letter: ? Applicable/supporting case law: Applicable/supporting scientific literature: Other information (please specify): UT 1 and UT 2 on Figure 6. B. ADDITIONAL COMMENTS TO SUPPORT JD: APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State:North Carolina County/parish/borough: Alexander City: Taylorsville Center coordinates of site (lat/long in degree decimal format): Lat. 35.931617° , Long. -81.206949° . Universal Transverse Mercator: Name of nearest waterbody: Muddy Fork Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Catawba River Name of watershed or Hydrologic Unit Code (HUC): 03050101 Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ? Office (Desk) Determination. Date: ? Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required) Waters subject to the ebb and flow of the tide. ? Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There ,? "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): ? TNWs, including territorial seas ? Wetlands adjacent to TNWs ® Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs ? Non-RPWs that flow directly or indirectly into TNWs ® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ? Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ? Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ? Impoundments of jurisdictional waters ? Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: 2693 linear feet: 4 - 8 width (ft) and/or acres. Wetlands: 1.47 acres. c. Limits (boundaries) of jurisdiction based on. I' 401shed by _, ; _i Elevation of established OHWM (if known): Non-regulated waters/wetlands (check if applicable):3 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: ' Boxes checked below shall be supported by completing the appropriate sections in Section Ill below. For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). ' Supporting documentation is presented in Section III.F. SECTION [it: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section 111.13 below. 1. TNW Identify TNW: Summarize rationale supporting determination: Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbodya is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section IILC below. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 735 acres Drainage area: 735 acres Average annual rainfall: 50.69 inches Average annual snowfall: 10.0 inches (ii) Physical Characteristics: (a) Relationship with TNW: ? Tributary flows directly into TNW. ® Tributary flows through 10 (or more) tributaries before entering TNW. Project waters are 25-30 river miles from TNW. Identify flow route to TNW-: M Muddy Fork to Little River to Catawba River. Tributary stream order, if known: 4a' . Project waters are 1 (or less) river miles from RPW. Project waters are 5-10 aerial (straight) miles from TNW. Project waters are 1 (or less) aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: z Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. 5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that apply): Tributary is: ® Natural ? Artificial (man-made). Explain: ® Manipulated (man-altered). Explain: stream has been previously channelized. Tributary properties with respect to top of bank (estimate): Average width: 4 feet Average depth: 4 feet Average side slopes: 3:1 . Primary tributary substrate composition (check all that apply): ® Silts ® Sands ? Concrete ® Cobbles ® Gravel ? Muck ? Bedrock ? Vegetation. Type/% cover: ? Other. Explain: Tributary condition stability [e.g.. highly eroding, sloughing banks]. Explain: highly eroding. Presence of run/riffle?pool complexes. Explain: Tributary geometry: Relatively straight Tributary gradient (approximate a% erage slope): 2 % (c) Flow: Tributary provides for: Estimate average number of flow events in review area/year: 6-10 Describe flow regime: Other information on duration and volume: Surface flow is: Characteristics: Subsurface flow: Unknown. Explain findings: ? Dye (or other) test performed: Tributary has (check all that apply): ® Bed and banks ® OHWM6 (check all indicators that apply): ® clear, natural line impressed on the bank ? ? changes in the character of soil ? ? shelving ? vegetation matted down, bent, or absent ® leaf litter disturbed or washed away ® sediment deposition ? ® water staining ? ? other (list): ? Discontinuous OHWM.7 Explain: If factors other than the OHWM were used to determ High Tide Line indicated by: 13 ? oil or scum line along shore objects ? fine shell or debris deposits (foreshore) ? physical markings/characteristics ? tidal gauges ? other (list): (iii) Chemical Characteristics: the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community me lateral extent of CWA jurisdiction (check all that apply): Mean High Water Mark indicated by: ? survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types. Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: water color is turbid. Identify specific pollutants, if known: sediment. 6A natural or man-made discontinuity in the OH WM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ? Riparian corridor. Characteristics (type, average width): ? Wetland fringe. Characteristics: ? Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain findings: ? Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Pick List. Explain: Surface flow is: rick List Characteristics: Subsurface flow: Pick List. Explain findings: ? Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ? Directly abutting ? Not directly abutting ? Discrete wetland hydrologic connection. Explain: ? Ecological connection. Explain: ? Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ? Riparian buffer. Characteristics (type, average width): ? Vegetation type/percent cover. Explain: ? Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain findings: ? Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (YIN) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: TNWs: linear feet width (ft), Or, acres. ? Wetlands adjacent to TNWs: acres. RPWs that flow directly or indirectly into TNWs. Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: low scores on the USACE Stream Assesment Worksheet and NCDWQ Stream Form. Provide estimates for jurisdictional waters in the review area (check all that apply): ® Tributary waters: 2693 linear feet 4 -8 width (ft). ? Other non-wetland waters: acres. Identify type(s) of waters: 3. Non-RPWs8 that flow directly or indirectly into TNWs. Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section IILC. Provide estimates for jurisdictional waters within the review area (check all that apply): Tributary waters: linear feet width (ft). Other non-wetland waters: acres. Identify type(s) of waters: Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section 111.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates forjurisdictional wetlands in the review area: 1.47 acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section IILC. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. Impoundments of jurisdictional waters. As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. Demonstrate that impoundment was created from "waters of the U.S.," or Demonstrate that water meets the criteria for one of the categories presented above (1-6), or Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE[ WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):10 which are or could be used by interstate or foreign travelers for recreational or other purposes. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ? which are or could be used for industrial purposes by industries in interstate commerce. ? Interstate isolated waters. Explain: ? Other factors. Explain: Identify water body and summarize rationale supporting determination: "See Footnote # 3. To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CfVA Act Jurisdiction Following Rapanos. Provide estimates for jurisdictional waters in the review area (check all that apply): ? Tributary waters: linear feet width (ft). Other non-wetland waters: acres. Identify type(s) of waters: ? Wetlands: acres. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ? Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ? Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ? Non-wetland waters (i.e., rivers, streams): linear feet width (ft). ? Lakes/ponds: acres. ? Other non-wetland waters: acres. List type of aquatic resource: ? Wetlands: acres. Provide acreage estimates for non-jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): ? Non-wetland waters (i.e., rivers, streams): linear feet, width (ft). ? Lakes/ponds: acres. ? Other non-wetland waters: acres. List type of aquatic resource: ? Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Figure 6. Data sheets prepared/submitted by or on behalf of the applicant/consultant. ? Office concurs with data sheets/delineation report. ? Office does not concur with data sheets/delineation report. ? Data sheets prepared by the Corps: Corps navigable waters' study: ® U.S. Geological Survey Hydrologic Atlas: ? USGS NHD data. ® USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: Taylorsville and Ellendale, NC 7.5 minute topo quads. USDA Natural Resources Conservation Service Soil Survey. Citation: Soil Data Mart. ? National wetlands inventory map(s). Cite name: ? State/Local wetland inventory map(s): U FEMA/FIRM maps: ? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ? Aerial (Name & Date): or ® Other (Name & Date): September 28, 2010. ? Previous determination(s). File no. and date of response letter: ? Applicable/supporting case law: ? Applicable/supporting scientific literature: ® Other information (please specify): UT3 & UT4 on Figure 6. B. ADDITIONAL COMMENTS TO SUPPORT JD: NC WAM Wetland Rating Sheet Accompanies User Manual Version 3.0 Rating Calculator Version 3.0 Wetland Site Name Herman Dairy Farm Date 9/28/10 Wetland Type Headwater Forest Assessor Name/Organization M. Thomas/Axiom Presence of stressor affecting assessment area (Y/N) YES Notes on Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) YES Wetland is intensively managed (Y/N) YES Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) YES Assessment area is substantially altered by beaver (Y/N) NO Sub-function Rating Summary Function Sub-function Metrics Rating Hydrology Surface Storage and Retention Condition HIGH Sub-Surface Storage and Retention Condition LOW Water Quality Pathogen Change Condition HIGH Condition/Opportunity HIGH Opportunity Presence? (Y/N) YES Particulate Change Condition HIGH Condition/Opportunity NA Opportunity Presence? (Y/N) NA Soluble Change Condition HIGH Condition/Opportunity HIGH Opportunity Presence? (Y/N) YES Physical Change Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence? (Y/N) YES Pollution Change Condition NA Condition/Opportunity NA Opportunity Presence? (Y/N) NA Habitat Physical Structure Condition MEDIUM Landscape Patch Structure Condition HIGH Vegetation Composition Condition MEDIUM Function Rating Summary Function Metrics/Notes Rating Hydrology Condition MEDIUM Water Quality Condition HIGH Condition/Opportunity HIGH Opportunity Presence? (Y/N) YES Habitat Conditon HIGH Overall Wetland Rating HIGH Soil Sample #1 0- 8" brown l OYR 4/3 CL 811- 10" brown 10YR 5/3 CL yellowish red 5YR 518 (common/fine/distinct) 10" - 13"+ grayish brown l OYR 5/2 SCL strong brown 7.5YR 5/6 (common/Fine/distinct) 0-6" 6" - 8" 8" - 12"+ Soil Profile #2 brown brown strong brown light brownish gray strong brown l OYR 4/3 CL 10YR 5/3 CL 7.5YR 5/8 (few/fine/faint) I OYR 6/2 CL 7.5YR 5/8 (common/fine/distinct) +?: Fi :?N1R, . Soil Profile #3 0-4" 4" - 12" 12" - 14"+ yellowish brown 10YR 5/4 CL grayish brown 10YR 5/2 CL strong brown 7.5YR 5/6 (many/medium/distinct) gray IOYR 6/1 CL strong brown 7.5YR 5/8 (common/medium/prominent) 0-4" 4" - 10" 10" - 14"+ Soil Profile #4 yellowish brown l OYR 5/4 CL grayish brown 2.5Y 5/2 CL light olive brown 7.5YR 5/6 (many/fine/prominent) light brownish gray 2.5Y 6/2 CL strong brown 7.5YR 5/6 (many/medium/distinct) 0-6" 6" - 12" 12" - 14"+ Soil Profile #5 brown 10YR 5/3 CL strong brown 7.5 YR 5/6 (many/medium/distinct) grayish brown 10YR 5/2 CL strong brown 7.5YR 5/8 (many/medium/distinct) light brownish gray l OYR 6/2 CL strong brown 7.5YR 5/8 (many/medium/distinct) strong brown 7.5YR 5/6 (few/fine/faint) AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: PARCEL ID: y 5 bU 2 I STREET ADDRESS: 17C. 94 TELEPHONE: a (? - 5 5 ( 0 Please print: Property Owner: /4 l? Please sign: 1 ?YL Property Owner: The undersigned, registered property owners of the above noted property, do hereby authorize Matthew Thomas of Axiom Environmental Inc to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Appendix E Performance Bond Mitigation Plan (Contract No. 003271) Appendices Herman Diary Stream and Wetland Restoration Site Restoration Systems, LLC Alexander County, North Carolina A0%5 NORTH AMERICAN SPECIALTY INSURANCE COMPANY Performance Bond Bond No. 2145360 North American Specialty Insurance Company 1200 Arlington Heights Road, Suite 400, Itasca, IL 60143-2625 KNOW ALL MEN BY THESE PRESENTS, that we, Restoration Systems, LLC, as Principal, and North American Specialty Insurance Company, licensed to do business in the State of, NC as Surety, are held and firmly bound unto North Carolina Department of Environment and Natural Resources (Obligee), in the penal sum of Nine Hundred Thirteen Thousand. Twentv Eight Dollars and 001100 Dollars ($913,028.00), lawful money of the United States of America, for the payment of which sum, well and truly to be made, the Principal and Surety do bind themselves, their heirs, executors, administrators, and successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal has entered into certain written Contract with the above named Obligee, effective the 26th day of June, 2010, for Herman Dairy Farm Stream and Wetland Restoration Site - Option 1 in the Catawba River Basin Cataloging Unit 03050101, Contract #003271 and more fully described in said Contract, a copy of which is attached, which Agreement is made a part hereof and incorporated herein by reference, except that nothing said therein shall alter, enlarge, expand or otherwise modify the term of the bond as set out below. NOW, THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and faithfully perform the Contract, according to the terms, stipulations or conditions thereof, then this obligation shall become null and void, otherwise to remain in full force and effect subject to the following: Notwithstanding the provisions of the Contract, this bond will commence on the date of the submittal of Task 3 (submittal of Mitigation Plan) and will terminate the earlier of two years from the submittal of the Restoration Plan or receipt of written notification from EEP that the requirements of Task 6 (The Baseline Monitoring Report) have been met. Sealed with our seals and dated this 20th day of June, 2011. 6ww- Oin Agreed and acknowledged this _ day of , 2011 By: Restorat' Sys ms, mcipal North Amer'c S It Ins ar ompany Ken eth J. Pee s, Attorney-in act Obligee NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington Intemational Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: KENNETH J. PEEPLES, SOUTHGATE JONES, III, JAMES P. CARTER, II, BOBBI D. PENDLETON, PHOEBE C. HONEYCUTT, KITARA A. SMITH, NEIL B. BILLER and HEATHER KENNEDY JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION (x50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 20 of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." ?V1\VVtI?ALIiYfrrr?4?i 00 Q GPP % R aowamaoµw ' O 6 j Goo at By ' ?cV g (IONAI = V .' SEAL -to = Steven P. Anderson. President & Chief Esecuilve officer of Washington Imermtional Insurance Company =0;Y, 1973 W: n Z & Senior Vice President or North America S i l y I C x?t SEAL R •?l ? n n pec a l nsurance ompany 6 :j By N ........,. * TT'"' David DI. La man. Senior Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington Inter ational Insura 1241 official seals to be hereunto aff d d h nce Company have caused their 10 ixe , an t ese presents to be signed by their authorized officers this day of . October , 20 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 12th day of October 20 10 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said insinfinent to be the voluntary act and deed of their resnective comnanies. "OFFICfAL SFAL" NNA D. SRLENS Notary Public, State of Owis My commission Fapins t11t06 l l Donna D. Sklens, Notary Public 1, James A. Carpenter the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 20 day of _ June 2011 James A. Carpenter, Vice President & Assuiam Secretary of Washington International insurance Company & `torah Akan Specially Insurance Company ji-I os stem . _J a] C PROGRAM June 24, 2011 Mr. Worth Creech Restoration Systems, LLC 1101 Haynes Street, Suite 211 Raleigh, NC 27604 RE: Herman Dairy Stream and Wetland Restoration Site Mitigation Plan Alexander County, Catawba River Basin 030501001120030 FDP Contact # 003271 Dear Mr. Creech, On February 2, 2011, the Ecosystem Enhancement Program (EEP) received the Herman Dairy Stream and Wetland Restoration Site Mitigation Plan from Restoration Systems, LLC (RS). The report indicates plans to restore 4796 linear feet (If) and enhance 468 if of stream as well as restore 7.2 acres of riparian and 1.2 acres of non-riparian wetland. In addition, 2.2 acres of riparian and 1.3 acres of non-riparian wetland will be enhanced. The anticipated total mitigation units are 5108 stream mitigation units, 8.3 riparian wetland mitigation units (WMUs), and 1.3 non-riparian WMUs. On June 21, 2011, RS submitted a revised Mitigation Plan for Herman Dairy Stream and Wetland Restoration Site for review. EEP has no further comment at this time. The Ecosystem Enhancement Program (EEP) has completed its review of the restoration plan and has no additional comments at this time. Please proceed with acquiring all necessary permits and/or certifications and complete the implementation of the earthwork portion of the mitigation project (Task 4). A copy of this letter should be included with your 401/404 permit applications. If you have any questions, or wish to discuss this matter further, please contact me at (919) 715- 1656 or email at guy.pearce@ncniail.net. Sig cerely, Guy C. Pearce EEP Full Delivery Program Supervisor cc: files YAW, NCDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / vrww.nceep.net Appendix A Categorical Exclusion Form for Ecosystem Enhancement Program Projects Version 1.4 Note: Only Appendix A should to be submitted (along with any supporting documentation) as the environmental document. rroject rname: Herman Dairy Farm Stream and Wetland Restoration Site -County Name: Alexander EEP Number: Contract # 003271 Pro'ect sponsor: Restoratinn ?vetZMQ i i r 1 anager: The site is located within the 14-digit Cataloging Unit and Targeted Local Watershed 03050101120030 approximately 1.5 miles northwest of Taylorsville, in Alexander County. The site encompasses approximately 34.7 acres of agricultural land used for row crop production along with a dairy cattle operation. A total of 4,785 Stream Mitigation Units (SMU's), a minimum of 4 Riparian Wetland Mitigation Units (WMU's), and 0.91 Nonriparian WMU's are being offered. 6 anager Version 1.4, 8/18/05