20151143 Ver 1_Preservation Report_20150427

PRESERVATION PROJECT AND
BASELINE DOCUMENTATION REPORT

Muddy Creek LWP – UT to North Muddy Creek (Haney)
McDowell County, North Carolina
EEP Project Identification Number 93874

Catawba River Basin - Cataloging Unit 03050101

Prepared for:

NCDENR Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652

Prepared by:
Equinox Environmental Consultation and Design, Inc.
37 Haywood Street, Suite 100 Asheville, NC 28801
December 9, 2013

UT to N. Muddy Creek (Haney) Closeout Report i EEP Project No. 93874
December 9, 2013
EXECUTIVE SUMMARY

The UT to North Muddy Creek preservation project on the Haney property is located within the
111 mi2 Muddy Creek watershed in south-central McDowell County, North Carolina. It is
within the larger context of the entire Muddy Creek watershed that preservation of the stream
and riparian resources on the Haney site are important. Over the last 15 years, the Muddy Creek
Restoration Partnership has led an effort to improve water quality, aquatic habitat, and riparian
conditions with the watershed. Over $18 million has been invested to restore, enhance and
preserve 27 miles of stream. While most of this effort has focused on restoration and
enhancement of streams, preservation of pristine streams has always been seen as an important
component of this work. Preservation of high quality riparian areas and stable stream channels
not only protects the ecological functions of existing natural resources, but by preventing their
degradation the ecological function of restored downstream reaches, as well as the monetary
investment that has gone into restoring those reaches, is also protected.

The investment in stream restoration, enhancement, and preservation within the Muddy Creek
watershed has led not only to improved ecological function within the watershed, but it has also
benefitted the Catawba River, of which Muddy Creek is a significant tributary. Reducing
pollutants originating from the Muddy Creek watershed, particularly sediment and nutrients, has
not only been beneficial to maintaining the trout fishery within that reach of the Catawba River,
but any improvements in water quality will reduce the City of Morganton’s drinking water
treatment costs.

Preservation on the Haney site includes headwater portions of one unnamed tributary (UT) that
drains to North Muddy Creek. The 17.84 acres of the property that has been placed into
permanent conservation easements contains 3,930 feet of perennial stream and 795 feet of
intermittent stream. Three small wetland areas also exist in the protected areas, but mitigation
credits are not being requested for those assets. The stream channels are stable and the riparian
areas have high ecological function. These areas show little evidence of land disturbance in the
recent past.

Conservation values of the Haney site are significant. It potentially contains a rare liverwort
species, a rare moss species, and two rare vascular plants, as well as two high quality natural
areas. In addition, the site is located less than a mile from a 610 acre protected wilderness and
within 10 miles of numerous Significant Natural Heritage Areas (SNHAs). The North Carolina
Ecosystem Enhancement Program (EEP) also has purchased numerous other mitigation sites
within the Muddy Creek watershed that include over 15,000 feet of stream preservation.

Based on the justifications described above and following existing preservation mitigation
guidelines, the North Carolina Ecosystem Enhancement Program purchased the mitigation assets
of the Haney property.

This preservation report has been written in conformance with the requirements of the following:
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)
UT to N. Muddy Creek (Haney) Closeout Report ii EEP Project No. 93874
December 9, 2013
through (c)(14) and 332.3(h); and NCDENR Ecosystem Enhancement Program In-Lieu Fee
Instrument signed and dated July 28, 2010.

Site Description

Project Name and EEP Project Number UT to N. Muddy Creek (Haney), EEP Proj. # 93874
County McDowell County
General Location Approximately 5 miles southeast of Marion
Basin Catawba River
Physiographic Region Piedmont Province
USGS Hydro Unit 10 digit HUC - 0305010106
NCDWQ Sub-basin No longer in use
Watershed Planning Information Muddy Creek Watershed
Preservation Mechanism Conservation Easement and Right of Access
Conservation Values
Potential State RTE species occurrences; high quality
natural community type of those found on nearby
SNHAs; closeness to multiple SNHAs; protect on-site
and downstream assets from development
Option Recordation Date August 17, 2009
Deed Recordation Date August 3, 2010

Mitigation Assets
Warm - Stream Riparian Wetland1 Non-riparian
Wetland
Linear feet or acres 4,725
Restoration Equivalent
Credits (assume 5:1)
945

Totals 945
1Three wetland areas were identified, but were not delineated as mitigation credits are not being requested for those
assets.
UT to N. Muddy Creek (Haney) Closeout Report iii EEP Project No. 93874
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Table of Contents

Page
EXECUTIVE SUMMARY ...................................................................................................... i
1 PRESERVATION PROJECT GOALS AND OBJECTIVES ................................................ 1
2 SITE DESCRIPTION ............................................................................................................. 2
2.1 General Description.......................................................................................................... 2
2.2 Directions ......................................................................................................................... 2
3 SITE SELECTION ................................................................................................................. 3
3.1 Conservation Values ........................................................................................................ 3
3.2 Threats of Adverse Modification ..................................................................................... 4
4 BASELINE INFORMATION ................................................................................................ 5
4.1 Physical Features .............................................................................................................. 5
4.2 Plant and Wildlife Communities ...................................................................................... 5
4.3 Jurisdictional Wetlands and Streams................................................................................ 8
5 SITE PROTECTION INSTRUMENT ................................................................................... 9
5.1 Site Protection Instrument Summary ............................................................................... 9
5.2 Recordation Date .............................................................................................................. 9
5.3 Encumbrances .................................................................................................................. 9
6 DETERMINATION OF CREDITS ...................................................................................... 10
7 LONG-TERM MANAGEMENT PLAN .............................................................................. 11
8 FINANCIAL ASSURANCES .............................................................................................. 11
9 Other Information ................................................................................................................. 12
9.1 References ...................................................................................................................... 12
9.2 Site Protection Instrument Figure .................................................................................. 13
9.3 Vicinity Map .................................................................................................................. 14
9.4 Watershed Map .............................................................................................................. 15
9.5 Site Map ......................................................................................................................... 16
9.6 Site Photographs ............................................................................................................. 17
9.7 Appendix A. Site Protection Instrument ........................................................................ 18
9.8 Appendix B. Stream Determination Forms .................................................................... 30

UT to N. Muddy Creek (Haney) Closeout Report 1 EEP Project No. 93874
December 9, 2013

1 PRESERVATION PROJECT GOALS AND OBJECTIVES
The UT to North Muddy Creek (Haney) project site is located in the Muddy Creek Local
Watershed planning area (Muddy Creek Watershed Restoration Plan [MCRP]). The Muddy
Creek watershed includes Hydrologic Unit Codes (HUC) 03050101040020, 03050101040010,
and a portion of 03050101030060, which were identified as Targeted Local Watersheds (TLW)
in EEP’s 2009 Catawba River Basin Restoration Priority (RBRP) Plans (NCEEP 2009a) and is
identified in the Muddy Creek LWP Project Atlas (NCEEP 2009b).

The Muddy Creek Restoration Partnership (MCRP) developed a non-EEP watershed assessment
of the 111 sq. mile Muddy Creek (MCRP 2003) watershed in December 2003. The assessment
included land use analysis, water quality monitoring, and stakeholder input to identify problems
with water quality, habitat, and hydrology. The Muddy Creek watershed was characterized as
being composed of primarily forest and agricultural land and has a history of severe bank
erosion, aquatic habitat degradation, high fecal coliform levels, and degraded biological
communities. Most of the degradation in the watershed has been caused by poor agricult ural
practices, particularly livestock access to creeks and commercial land use activities. However,
21 tracts of land were identified as having functioning riparian zones and intact stream channels
worthy of preservation. Although the Haney tract was not one of those areas originally
identified, it is within close proximity of those sites. In 2008, EEP included the Muddy Creek
watershed as a LWP priority area and, based in the information in that report, produced a LWP
Project Atlas (NCEEP 2009b) in March 2008.

The Muddy Creek assessment identified the following as major stressors within the watershed:
Streambank erosion
Lack of an adequate forested buffer
Stream channelization
Impervious cover
Upland erosion
Livestock access to streams
Urban toxicants
Nutrients
Fecal coliform bacteria

The Muddy Creek Feasibility and Restoration Plan (MCRP 2003) set forth the following
objectives:
Improve water quality in the Muddy Creek watershed to the degree that is promotes a
trophy tailrace trout fishery in the Catawba River below Lake James
Achieve a State of North Carolina fully supporting [use] designation for all water courses
in the watershed.

The UT to North Muddy Creek (Haney) site was identified as a stream preservation opportunity
after the original watershed search was completed. Its preservation, in combination with the
other preservation sites, will contribute to preventing future impacts to downstream restoration
sites from sedimentation caused by land development within the Muddy Creek watershed.

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According to the 2010 North Carolina Division of Water Quality Catawba River Basinwide
Water Quality Plan (NCDWQ 2010) all streams within the Muddy Creek watershed, with the
exception of Corpening Creek (Youngs Fork), were achieving their designated uses.
2 SITE DESCRIPTION
2.1 General Description
The 17.84 acre Conservation Easement described in this report encompasses portions of four
headwater streams of an Unnamed Tributary of North Muddy Creek. It is on a 75.32± acre tract
of land owned by the Demming Company, LLC as described in McDowell County Deed Book
778 on Page 935 and identified in the McDowell County Tax Office as PIN – 1629-15-8661.
The center point of the tract is located at the following latitude/longitude coordinate 35.626, -
81.953. The easement area being preserved encompasses two areas; Reach 1 is 2.92 and Reach 2
is 14.92 acres in size. These areas are known to have been forested since the 1990s, although
there are two bare areas within the easement boundaries. Land adjacent to the conservation
easement is managed as forest land, but does contain some unimproved roads, likely artifacts of
past logging activities. All but one of the seven properties surrounding the Haney tract are
similarly forested. Two tracts on the northern apex of the Haney property boundary contain
disturbed areas; there are 4 structures on those tracts. These properties are downstream of the
conservation easements on the Haney property and will have no impact on the quality of the
conserved stream reaches. There are no expectations that surrounding property uses will change
in the foreseeable future, although that cannot be certain. The conservation easement area
contains high quality stream channels and forested riparian areas and was purchased to preserve
those areas in perpetuity.

A Baseline Documentation Report is incorporated into this document as a requirement of the
closeout process.

The property can be accessed via an unnamed dirt road on Marlowe Road, just west of Deer
Meadow Circle.
2.2 Directions
The UT to North Muddy Creek (Haney) project site is located approximately 5 miles southeast
of Marion, just to the northeast of the Glenwood community. From Raleigh, proceed on I-40
West through Greensboro, Winston-Salem, Statesville, and Hickory to exit 86 (Marion/Shelby).
At the end of the exit ramp turn left onto NC 226 South towards Shelby. Follow NC 226 South
for 1.1 miles. Turn right onto Old Glenwood Road (SR 1794). Travel approximately 0.85 mile
to Marlowe Road (SR 1796). Travel approximately 0.55 mile on Marlowe Road to an unnamed
access road on the right, just before reaching Deer Meadow Circle. The most northern corner of
the property is approximately 0.40 mile from Marlowe Road. See maps in sections 10.3, 10.4,
and 10.5

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3 SITE SELECTION
The UT to North Muddy Creek (Haney) site was selected to meet mitigation needs as required by
the U.S. Army Corps of Engineers (USACE) for unavoidable impacts to streams and wetlands
associated with highway construction and development. It was chosen because the site contains
an ecologically important and undisturbed stream channel as described in the USACE Stream
Mitigation Guidelines document (USACE 2003). It is also located within an undisturbed
headwater catchment of the Muddy Creek watershed. Such catchments were identified as high
priority for protection in the Muddy Creek Feasibility Report (MCRP 2003). Headwaters
protections were recognized as being necessary to protect the benefits of downstream restoration
projects. Development of headwater catchments could nullify the ecological improvements of
the downstream restored areas. The conservation easement at the Haney site is at least 30 feet,
and mostly 50 feet wide on both sides of the stream channel. The buffer area includes the entire
floodplain and contains a high quality riparian natural area composed of native vegetation. As
such, it meets the NCEEP’s original Preservation Guidance Criteria (2004).
3.1 Conservation Values
The North Carolina Natural Heritage Program (NCNHP) collects and stores data on rare,
threatened or endangered (RTE) plant and animal species as well as rare natural community
types. Many of these are identified on sites known as Significant Natural Heritage Areas
(SNHAs). The datasets contain records of RTE species observations, known as Element
Occurrences (EO), recorded by NCNHP field biologists. These EOs would provide added
conservation value if present on the easement. The following is a list of EOs known to occur
within a 3-mile radius of the Haney property as of July 2013. It also includes a list of important
natural communities present on the property.

Table 1: Potentially-Occurring Rare Species and Natural Communities
Taxonomic
Group Scientific Name Common Name
Element
Occurrence
Status
Accuracy State
Status
Federal
Status
State
Rank
Global
Rank
Nonvascular
plant Aneura sharpii A Liverwort Current 3 -
Medium SR-T S1 G1G2
Vascular
Plant
Monotropsis
odorata Sweet Pinesap Current 3 -
Medium SC-V FSC S3 G3
Nonvascular
plant
Oxyrrhynchium
pringlei
Pringle's Water
Feather Moss Current 3 -
Medium SR-D S1 G2G3
Vascular
Plant Thermopsis mollis Appalachian
Golden-banner Current 3 -
Medium SC-V S2 G3G4
Natural
Community n/a
Chestnut Oak
Forest (Dry Heath
Subtype)
Current 3 -
Medium S5 G5
Natural
Community n/a
Montane Oak--
Hickory Forest
(Acidic Subtype)
Current 3 -
Medium S4S5 G4G5

While there is no designated critical habitat or dedicated nature preserve near the Haney
property, it is less than one mile from the 610 acre Bobs Creek Pocket Wilderness, a regionally
Significant Natural Heritage Area according to the N.C. Natural Heritage Program (NCNHP
2005). There are numerous other SNHAs within 10 miles of the Haney property; EEP also has
two other managed preservation sites within 1.5 miles of the Haney site (Figure 2). The Allen
preservation site encompasses 5,950 feet of stream within 34 acres of land in a conservation
UT to N. Muddy Creek (Haney) Closeout Report 4 EEP Project No. 93874
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easement, whereas the Coats site encompasses 31 acres of land in a conservation easement, with
6,378 feet of stream channel. Within the Muddy Creek watershed EEP has numerous other
mitigation sites composed of various amounts of restoration, enhancement, and preservation. All
of these sites have permanent conservation easements; over 15,000 feet of high quality stream
with ecologically functioning riparian areas are preserved at these sites.

North Muddy Creek and the unnamed tributaries flowing from the Haney property have a
NCDWQ water quality classification of C. This classification is designed to protect the best uses
of the stream. Uses protected under the C classification include fishing, wildlife, fish
consumption, aquatic life, including propagation, survival and maintenance of biological
integrity, agriculture, and secondary recreation. Secondary recreation includes wading, boating,
and other uses involving human body contact with water where such activities take place in an
infrequent, unorganized or incidental manner.

According to NCDWQ, benthos in North Muddy Creek was rated good/fair in 2002 and 2007,
whereas the fish community was rated as excellent in 2007 and 2012 (NCDWQ 2013).

Conservation of streams on this tract will preserve the quality of water within the catchment and
within the Muddy Creek watershed as a whole. While all catchments within the Muddy Creek
watershed, except the Corpening Creek subwatershed are meeting their intended uses,
preservation of this area will prevent the area from being developed. This, combined with other
restoration projects within the Muddy Creek watershed will result in reduced volumes of
sediment reaching the Catawba River. Reduced sediment levels will improve water quality
conditions for the tailrace trout fishery that has evolved in the Catawba River downstream of its
confluence with Muddy Creek. In addition, reduced sediment levels will lead to reduced costs of
treating water for Morganton’s residents.
3.2 Threats of Adverse Modification
Virtually the entire Haney property contains a mature second growth mixed hardwood forest that
has been undisturbed for an extended period of time. The most significant threat to the property
is the likelihood of development into a residential community or clearing to support agricultural
activities. The property is close to Interstate 40, is adjacent to the Glenwood community with an
elementary school, and is within easy driving distance of the Marion and
Rutherfordton/Spindale/Forest City urban areas. These characteristics make the property highly
desirable for other uses; however, access to the property is currently limited to a single lane dirt
road between the property and Marlowe Road. Without the protection of a conservation
easement, the remaining unprotected property could be converted to uses that entail highly
disturbing land activities such as livestock grazing or raising crops. Both reaches are surrounded
by additional forested areas. A small cleared area is adjacent to the northernmost easement
boundary of Reach 1 and an unpaved road is adjacent to a portion of the eastern boundary of that
reach. There are no significant disturbed areas surrounding Reach 2.

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4 BASELINE INFORMATION
4.1 Physical Features
The two reaches of the Haney preservation site consist of moderate to steeply sloping upland
topography within the eastern portion and flat to moderately sloping topography in the western
portion. Stream channels are well-formed, with many having short cascades over exposed
bedrock. Additionally, logging roads parallel and intersect property boundaries on both Reaches
(Figure 4).
4.2 Plant and Wildlife Communities
The Haney property consists of forests of varying age and quality, with sections of the woods
that abut the easement areas having been logged within the past 20 years. The eastern portion of
Reach 2 appears to have been logged within the past 100 years. The riparian communities are
intact and of high quality, and there are numerous areas of cascades and small waterfalls
occurring over bedrock. Additionally, there are several small seeps present on the northern half
of Reach 1.

Several transitional natural communities exist on the Haney property (Schafale and Weakly
1990). Mixed Mesic Forests and Rich Cove Forests are prevalent on the easement, both
occurring intermittently at lower elevations in flat areas along stream channels in Reach 1. Also
associated with the flat areas along Reach 1 are several Low Elevation Seeps, a natural
community that supports wetland vegetation and is an important breeding and foraging site for
amphibians. Montane Oak-Hickory Forests, which occur along slopes and ridges at higher
elevations, are a lesser component of the easement areas. Areas of circumneutral or basic soil
within the uppermost portion of Reach 2 support Basic Mesic Forests, a somewhat uncommon
community type in the low mountains. There are also small portions of Acidic Cove Forests
present within the uppermost shaded stream corridors on Reach 1 and at mid-slope within Reach
2. A brief description of each of the observed natural communities on the site is listed below:

Montane Oak-Hickory Forest - (S5/G5)

Topographic Setting: In general, montane oak-hickory forests occupy intermediate
positions along major environmental gradients such as soil moisture, soil fertility, and
elevation. They occur along the highest elevations on the conservation easement
area.

Soils: Soils are mostly acidic and are derived from igneous and sedimentary parent
material; probably generally Ultisols or Dystrochrepts. Series include Porters (Umbric
Dystrochrept), Ashe (Typic Dystrochrept), Chandler, and Watauga (Typic
Hapludults).

Vegetation Composition: The overstory is diverse, and includes white oak, chestnut
oak, Northern red oak, sweet birch, magnolias (Magnolia acuminata and M. fraseri),
sourwood, hickories (Carya spp.), red maple, tulip-poplar, and white pine. The
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understory contains a substantial component of heaths, mainly great laurel, but also
contain many non-ericaceous species such as witch-hazel (Hamamelis virginiana),
buffalo-nut (Pyrularia pubera), and hazelnuts (Corylus spp.). The herbaceous
component is relatively diverse, but often patchy and composed of both acid-loving
and rich species, including New York fern (Thelypteris noveboracensis), galax,
Indian cucumber-root (Medeola virginiana), squawroot (Conopholis americana),
halberd-leaved yellow violet (Viola hastata), white clintonia (Clintonia umbellata),
and devil's-bit (Chamaelirium luteum).

Rich Cove Forest (S5, G5)

Topographic Setting: This community type is typically found on sheltered, mesic,
low to moderate elevation sites on broad coves and lower slopes.

Soils: Rich, generally circumneutral. May be quite rocky but generally deep. Series
mapped include Ashe (Typic Dystrochrept), Porters (Umbric Dystrochrept), and
Tusquitee (Humic Hapludult).

Vegetation Composition: The forest canopy is dense with a mixture of mesophytic
hardwood species such as tulip poplar, American basswood (Tilia americana var.
heterophylla), sweet birch (Betula lenta), blackgum (Nyssa sylvatica), and Canada
hemlock. The understory consists of flowering dogwood (Cornus florida), pawpaw
(Asimina triloba) and Eastern red maple (Acer rubrum). Typical herbs include, but
are not limited to, marginal wood fern (Dryopteris marginalis), yellowroot
(Xanthorhiza simplicissima), northern maidenhair fern (Adiantum pedatum), Indian
cucumber-root, foamflower (Tiarella cordifolia), and can contain American ginseng
(Panax quinquefolius). Acidic Cove Forests, which may occur in similar sites, are
dominated by the more acid tolerant subset of the rich cove species, and have
undergrowth dominated by heath shrubs rather than herbs. Like Acidic Cove Forests,
Rich Cove Forests grade upward into Chestnut Oak and Oak-Hickory Forests.

Low Elevation Seep (S3/G4)

Topographic Setting: Seepages and springs at bases of slopes or edges of floodplains.
Prevalent in flat sections and near confluences of channels in Reach 1.

Soils: Saturated, usually mucky, soils. Occurrences are too small to be distinguished
in soil surveys.

Vegetation Composition: These areas are very small, and are partially shaded by
canopies of American beech in the adjacent Rich Cove community. Wetland tree s
such as Eastern red maple and American ash are rooted at the margins of the seeps.
Shrubs include Northern spicebush, Eastern sweetshrub (Calycanthus floridus),
Northern wild raisin (Viburnum cassinoides), and Southern wild raisin (V. nudum). A
variety of wetland herbs occur, including lizard's-tail (Saururus cernuus), orange
jewelweed (Impatiens capensis), cinnamon fern (Osmundastrum cinnamomeum),
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netted chain fern (Woodwardia areolata), false-nettle (Boehmeria cylindrica), hooked
buttercup (Ranunculus recurvatus), white turtlehead (Chelone glabra), sedges (Carex
spp.), rushes (Juncus sp.), and Virginia bugleweed (Lycopus virginicus).

Mixed Mesic Hardwood Forest (S5/G5)

Topographic Setting: Forests in this group occupy mesic uplands, ravines, lower
slopes, and well-drained "flatwoods".

Soils: Deep, well-drained, somewhat acidic soils. Series include Cecil, Georgeville,
Pacolet, Tatum, Wedowee (Typic Hapludults), Tallapoosa (Ochreptic Hapludult), and
Louisburg (Ruptic-Ultic Dystrochrept).

Vegetation Composition: The most typical overstories contain mixtures of American
beech, various oaks (white being most dominant), tulip-poplar, and hickories (Carya
spp.), but a wide variety of hardwood associates occur. American hornbeam,
pawpaw, Northern spicebush, Eastern sweetshrub, flowering dogwood, American
strawberry-bush (Euonymus americanus) and American holly (Ilex opaca) are
prominent understory plants. These communities lack the lush herbaceous layers of
Basic Mesic Forests, although species such as Christmas fern, New York fern, and
white wood aster (Eurybia divaricata) may form moderately dense populations.
Along with Christmas fern, cankerweed (Prenanthes serpentaria), downy rattlesnake-
plantain (Goodyera pubescens), Virginia heartleaf (Hexastylis virginica), and
partridge-berry (Mitchella repens) are frequent evergreen herbs.

Basic Mesic Forest (S5/G5)

Topographic Setting: Lower slopes, north-facing slopes, ravines, and occasionally
well-drained small stream bottoms, with basic or circumneutral soils.

Soils: Deep, well-drained soils with circumneutral or higher pH. Series include Tatum
(Typic Hapludult),Wilkes (Typic Hapludalf), and Louisburg (Ruptic-Ultic
Hapludalf).

Vegetation Composition: Canopy dominated by mesophytic trees, primarily tulip
poplar, American beech, Southern sugar maple, white oak and Northern red oak.
Understory includes Eastern redbud (Cercis canadensis), flowering dogwood,
ironwood (Carpinus caroliniana), paw-paw, and slippery elm (Ulmus rubra). Shrubs
may include viburnums (Viburnum spp.), Northern spicebush (Lindera benzoin), wild
hydrangea (Hydrangea arborescens), hearts-a-bursting (Eunoymous americana), and
eastern sweetshrub. The herb layer is generally dense and very diverse, with species
such as Christmas fern, wild ginger (Asarum canadense), doll’s eyes (Actaea
pachypoda),, liverleaf (Hepatica americana), bloodroot, black cohosh, , maidenhair
fern, mayapple (Podophyllum peltatum), foamflower (Tiarella cordifolia var.
cordifolia), Viola spp., eastern green violet (Hybanthus concolor), Dutchman’s
breeches (Dicentra cucullaria), and dwarf larkspur (Delphinium tricorne).
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Potentially-Occurring Rare Species
A liverwort, a moss, and two vascular plant species considered rare, threatened, endangered, or
of special concern (RTE) may occur on the Haney site. In addition, two important natural
community types are known occur within a three-mile radius of the Haney property (Table 1).
This information was used during the natural resource field analysis to assist in confirming the
presence or absence of those RTE species on the property. None of the listed species were
observed during the time of the field visit, but fluctuations in phenology and seasonal presence
are restrictive, and the species may still be present on the property despite a lack of direct
observation. Additionally, several of the listed species are non-vascular plants, which can be
extremely difficult to identify and often times require the confirmation of a scientific authority.
It is recommended that an experienced bryologist perform a search to identify any RTE non-
vascular plants on site.

Invasive Exotic Plant Species
There are several invasive exotic plant species that occur on the Haney property. The most
prevalent is tree of heaven (Ailanthus altissima). It occurs in several medium-sized patches no
greater than 750 ft2 within canopy disruptions on the fringe of and within the easement; these
infestations are a direct result of past logging events. In general, saplings are between one-half
and three inches in diameter at breast height, and occur in a somewhat linear fashion along
stream channels and adjacent old logging roads. There also are numerous seedlings present at
the base of the infestations. Several patches of Japanese honeysuckle (Lonicera japonica) occur
within the easement, both on the eastern and northern sides of Reach 1, where the boundary
abuts a clearcut area. Due to years of apparent seed dispersal and rooting at nodes, there are
several areas where sparse patches of honeysuckle are woven throughout native plants on the
forest floor, but are not climbing. Additionally, there is a small, linear infestation of privet
(Ligustrum sp.) along the northernmost stream channel on Reach 1. Finally, there are scattered
occurrences of multiflora rose (Rosa multiflora) within Reach 1. They are occurring at low
densities within the understory of the Mixed Mesic Hardwood Forest that dominates the riparian
areas at lower elevations on the property.

The threat of adverse modification of the natural forest structure by invasive exotic plants is a
concern at this site. The EEP has contracted out to control the existing infestations on the
easement, which will ensure the health and survival of the natural communities on the Haney
property. However, it should be noted that the abundance of invasive exotic plants existing
outside of the easement boundary will continue to volunteer seeds into the easement.
4.3 Jurisdictional Wetlands and Streams
A total of 4,725 feet of jurisdictional stream were delineated on the Haney property. Of that, 795
feet were identified as being intermittent, whereas 3,930 feet were determined to be perennial.
Three wetland areas were identified, but they were not delineated. No mitigation credits are
being requested for those assets..

Streams on the Haney property have no special water quality classification. All are considered
Class C streams and are considered to contain warmwater fish and aquatic invertebrate
communities.

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December 9, 2013

Buffer on all stream channels of both Reach 1 and 2 are at least 30 feet wide, average more than
50 feet wide, and are up to 100 feet wide in some locations.
5 SITE PROTECTION INSTRUMENT
5.1 Site Protection Instrument Summary
The land required for stewardship of this mitigation project includes portions of the following
parcel. A copy of the land protection instrument(s) is included in Appendix A.

Parcel
Number Landowner PIN County
Site
Protection
Instrument
Deed Book
and Page
Number
Date
Option
Signed
Date
Deed
Signed
Acreage
protected
1 Demming
Company, LLC
1629-
15-
8661
McDowell
Conservation
Easement
and Right of
Access
Book
CRP 1025

Pages
785-795
August
17,
2009
August
3, 2010
Area A –
2.92
Area B –
14.92
Total -
17.84

All site protection instruments require 60-day advance notification to the Corps and the State
prior to any action to void, amend, or modify the document. No such action shall take place
unless approved by the State.
5.2 Recordation Date
The Conservation Easement Option Agreement was signed on July 6, 2009 and was recorded
with the McDowell County, North Carolina Register of Deeds Office on August 17, 2009 in
Deed Book CRP 1000 Pages 402-406.

The Conservation Easement and Right of Access document was recorded at the McDowell
County, North Carolina Register of Deeds Office on August 3, 2010 in Book CRP 1025 Pages
785-795.
5.3 Encumbrances
As stated in the Section VI of the Site Protection Instrument, the Conservation Easement is free
from encumbrances. It does not contain any roads, trails, or public utility rights-of-way,
including electric, sewer, greenway or other trails that would compromise the integrity of the
intended purposes of the easement.

UT to N. Muddy Creek (Haney) Closeout Report 10 EEP Project No. 93874
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6 DETERMINATION OF CREDITS
Project mitigation assets were assessed through GIS analysis, including aerial photography,
followed by field reconnaissance with Global Positioning Systems to validate perennial and
intermittent stream lengths and/or jurisdictional wetland acreages.

Because the option to purchase the conservation easement at the Haney site was acquired prior to
July 28, 2010, all credits are released. The project service area will be in compliance with the
EEP In-Lieu Fee Instrument

UT to North Muddy Creek, McDowell County
Catawba River Basin, Cataloging Unit 03050101
EEP Project Number 97874
Mitigation Credits*
Warm
Stream
Riparian
Wetland
Non-riparian
Wetland Buffer
Nitrogen
Nutrient
Offset
Phosphorous
Nutrient
Offset
Type R RE R RE R RE
Totals NA 945 NA NA NA NA NA NA NA
*Compensatory mitigation credits are calculated by dividing the stream footage or wetland acreage by 5
unless otherwise indicated in the notes below.

Component Summation
Preservation
Components
Warm Stream
(linear feet)
Riparian Wetland
(acres)
Non-riparian
Wetland
(acres)
Buffer
(square feet)
Upland
(acres)
Riverine Non-
Riverine
Stream Reach 1 4,374
Stream Reach 2 351
Notes
Standard credit determination: GPS stream centerline and divide by 5. Delineate hydric soils for wetland credits.
Do not cut out fingers or hummocks from credits. Include stream thermal regime.

Jurisdictional Stream Characteristics
Stream
Component
Type
Perennial/Intermittent
Drainage
Area
(acres)
NCDWQ Form Scores1
Perennial/Intermittent
Length
(linear Feet)
Perennial/Intermittent
Reach 1 Perennial & Intermittent <0.04 31/23.5 146/205
Reach 2 Perennial & Intermittent 0.15 32.6+/21.9 3,784/590

Total 3,930/795
1NCDWQ Form scores (NCDWQ 2010b) are taken from the field sheets in Appendix B; where more than one score was calculated for a reach, the
scores were averaged. The average score does not include those locations where the perennial stream determination was made using only
NCDWQ Criterion 3 (presence of obligate macroinvertebrates); a + sign in the table indicates that such a determination was made within a reach.

UT to N. Muddy Creek (Haney) Closeout Report 11 EEP Project No. 93874
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Three wetland areas were identified on the Haney site, but were not formally delineated. No
wetland credits are being requested for these assets.

Jurisdictional Wetland Characteristics
Wetland
Component
Type (Riparian, non-
Riparian, etc.)
Description
(Floodplain depression, seepage
slope, etc.)
Acreage
NA NA NA NA

Total NA NA NA
7 LONG-TERM MANAGEMENT PLAN
Upon approval for close-out by the Interagency Review Team (IRT), the site will be transferred
to the NCDENR Division of Natural Resource Planning and Conservation Stewardship Program.
This party shall be responsible for periodic inspection of the site to ensure that restrictions
required in the conservation easement or the deed restriction document(s) are upheld.

The NCDENR Division of Natural Resource Planning and Conservation’s Stewardship Program
currently houses EEP stewardship endowments within the non-reverting, interest-bearing
Conservation Lands Stewardship Endowment Account. The use of funds from the Endowment
Account is governed by North Carolina General Statute GS 113A-232(d)(3). Interest gained by
the endowment fund may be used only for the purpose of stewardship, monitoring, stewardship
administration, and land transaction costs, if applicable. The NCDENR Stewardship Program
intends to manage the account as a non-wasting endowment. Only interest generated from the
endowment funds will be used to steward the compensatory mitigation sites. Interest funds not
used for those purposes will be re-invested in the Endowment Account to offset losses due to
inflation.
8 FINANCIAL ASSURANCES
Pursuant to Section IV H and Appendix III of the Ecosystem Enhancement Program's In-Lieu
Fee Instrument dated July 28, 2010, the North Carolina Department of Environment and Natural
Resources has provided the U.S. Army Corps of Engineers Wilmington District with a formal
commitment to fund projects to satisfy mitigation requirements assumed by EEP. This
commitment provides financial assurance for all mitigation projects implemented by the
program.

UT to N. Muddy Creek (Haney) Closeout Report 12 EEP Project No. 93874
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9 OTHER INFORMATION
9.1 References
MCRP (Muddy Creek Restoration Partners). 2003. Feasibility Report and Restoration Plan for
The Muddy Creek Watershed. Report prepared by Equinox Environmental Consultation
& Design, Inc. for the Muddy Creek Restoration Partners.

NCDWQ (North Carolina Division of Water Quality). 2010. Catawba River Basinwide Water
Quality Plan. Raleigh.

NCDWQ (North Carolina Division of Water Quality). 2013. Biological Assessment Unit –
Benthos and Fisheries Data. http://portal.ncdenr.org/web/wq; access July 11, 2013.

NCEEP (North Carolina Ecosystem Enhancement Program). 2004. Preservation Guidance
Criteria, Updated March 9, 2004.

NCEEP (North Carolina Ecosystem Enhancement Program). 2009a. Upper Catawba River
Basin Restoration Priorities 2009. Raleigh.

NCEEP (North Carolina Ecosystem Enhancement Program). 2009b. Technical Memorandum:
Evaluation and Update of Mitigation Opportunities 2008 Muddy Creek Mitigation
Search. Report prepared by Equinox Environmental Consultation & Design, Inc. for
NCEEP. Raleigh.

Schafale, M.P. and Weakley, A. S. (1990), Classification of the Natural Communities of North
Carolina, Third Approximation, NC Natural Heritage Program, Raleigh, NC

USACE (U.S. Army Corps of Engineers). 2003. Stream Mitigation Guidelines. US Army
Corps of Engineers Wilmington District

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9.2 Site Protection Instrument Figure

UT to N. Muddy Creek (Haney) Closeout Report 14 EEP Project No. 93874
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9.3 Vicinity Map

UT to N. Muddy Creek (Haney) Closeout Report 15 EEP Project No. 93874
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9.4 Watershed Map

UT to N. Muddy Creek (Haney) Closeout Report 16 EEP Project No. 93874
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9.5 Site Map

UT to N. Muddy Creek (Haney) Closeout Report 17 EEP Project No. 93874
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9.6 Site Photographs

Typical riparian conditions within Mixed Mesic
Forests on lower section of Reach 1;
July 10, 2013.
Conditions within wetland areas occurring along
southernmost tributary of Reach 1; July 10, 2013.

Typical conditions within intermittent channels
occurring within Reach 1; July 10, 2013.

Typical conditions within Basic Mesic Forest
occurring within the uppermost portions of
Reach 2; July 10, 2013.
Typical conditions within Oak Hickory Forests
across the Property; July 10, 2013.

Photograph of rock cascades which are prevalent
along the upper sections of both Reach 1 and 2;
July 10, 2013.
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9.7 Appendix A. Site Protection Instrument
Parcel 1. Demming Company, LLC Recorded Conservation Easement and Right of Access

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UT to N. Muddy Creek (Haney) Closeout Report 30 EEP Project No. 93874
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9.8 Appendix B. Stream Determination Forms
The following table summarizes the stream reach determination field form scores for the Haney
Preservation site. Project reach corresponds to those reaches shown in Figure 4 in Section 9.5.
Stream sub-reaches are field designations only. Mean reach scores shown in the Jurisdictional
Stream Characteristics table in Section 6 were calculated by averaging only those locations at
which a numerical score was determined. The average score does not include those locations
where the determination was made using NCDWQ Criterion 3 (presence of obligate
macroinvertebrates).

Project
Reach
Stream
Sub-Reach
Determination
Perennial/Intermittent
NCDWQ
Reach
Score
NCDWQ
Criterion 3
(Obligate
Macroinvertebrates)
1 1 Perennial 31 N/A
1 2 Intermittent 23.5 N/A
1 3 Perennial 30 N/A
1 4 Perennial 31 N/A
-1 5 N/A - -
2 6 Perennial 23.75 X
2 7 Intermittent 19.5 N/A
2 8 Perennial 31.5 N/A
2 9 Perennial 33.75 N/A
2 10 Intermittent 24.25 N/A
1No stream sub-reach was numbered 5; the break in numbering was used to delineate the two separate project reaches.

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Intermittent and Perennial Stream Determination Form – Reach 1

UT to N. Muddy Creek (Haney) Closeout Report 32 EEP Project No. 93874
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Intermittent and Perennial Stream Determination Form – Reach 2

UT to N. Muddy Creek (Haney) Closeout Report 33 EEP Project No. 93874
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Intermittent and Perennial Stream Determination Form – Reach 3

UT to N. Muddy Creek (Haney) Closeout Report 34 EEP Project No. 93874
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Intermittent and Perennial Stream Determination Form – Reach 4

UT to N. Muddy Creek (Haney) Closeout Report 35 EEP Project No. 93874
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Intermittent and Perennial Stream Determination Form – Reach 6

UT to N. Muddy Creek (Haney) Closeout Report 36 EEP Project No. 93874
December 9, 2013

Intermittent and Perennial Stream Determination Form – Reach 7

UT to N. Muddy Creek (Haney) Closeout Report 37 EEP Project No. 93874
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Intermittent and Perennial Stream Determination Form – Reach 8

UT to N. Muddy Creek (Haney) Closeout Report 38 EEP Project No. 93874
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Intermittent and Perennial Stream Determination Form – Reach 9

UT to N. Muddy Creek (Haney) Closeout Report 39 EEP Project No. 93874
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Intermittent and Perennial Stream Determination Form – Reach 10

UT to N. Muddy Creek (Haney) Closeout Report 40 EEP Project No. 93874
December 9, 2013

Intermittent and Perennial Stream Determination Form – Reach 11

Mitigation Project Name UT to North Muddy Creek (Haney)
EEP IMS ID 93874
River Basin CATAWBA
Cataloging Unit 03050101
Applied Credit Ratios:1:1 1.5:1 2.5:1 5:1 1:1 3:1 2:1 5:1 1:1 3:1 2:1 5:1 1:1 3:1 2:1 5:1
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Beginning Balance (feet and acres)4,725.00
Beginning Balance (mitigation credits)945.00
NCDOT Pre-EEP Debits (feet and acres):Not Applicable
EEP Debits (feet and acres):
DWQ Permit No USACE Action IDs Impact Project Name
1999-0337 1999-30776
NCDOT TIP R-2248AC / AD /
BA - Charlotte Outer Loop,
Mecklenburg Co 4,725.00
Remaining Balance (feet and acres)0.00
Remaining Balance (mitigation credits)0.000
Information from EEP Debit Ledger dated 04/20/2015