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HomeMy WebLinkAbout20061270 Ver 1_More Info Received_20070227CITY OF CLINTON P.O. BOX 199 CLINTON, NORTH CAROLINA 28329-0199 www.cityofclintonnc.us Office of City Manager (910) 592-1961 o~-~a~o February 22, 2007 North Carolina Department of Environmental and Natural Resources Division of Water Quality, Wetland Unit 1621 Mail Service Center Raleigh, NC 27699-1621 Dear Sir: Enclosed please find seven (7) executed copies of EI's revised version of the USACE/NCDWQ Permit Application for After-the-Fact Permit - NWP 39. The enclosed application packages are complete replacements for the submittal in September 2006. All required DWQ fees were previously submitted with the original application. Thank you in advance for your consideration in this matter. If you have any questions or need any additional information, please feel free to contact me at (910) 592-1961 Ext. 3003. Sincerely, John F. onnet City Manager JFC/efh ~ = i ~:~ r ~ r±~ ~E `~ may` ~~~ ~- .~. . r~x, ._ _~_~ ~~ --~~`. '~ . _~~ ..ter ~;~~~ t ~' ~ ^~~'` Amoy ~4 ~ 1 ~ '~ mss- ~~ _ ~'{ i ~~ „, ~ ~'` ! 7~ t~ ~-~-r._ ,-. ~ ~`. " ~ ~,~ - ' c ~:~ yl ~ ~'~x ~ .._.....~._.._~_._.,,,,.,..__._. ti k _. '~,~ , _« ._ _ _ _ _'""'" 'n+_~Ea ~~~ _ -~` ~~I~YIDif~, ~5~<~~g`~~ ~T h..~ k e APPLICATION PACKAGE FoRRFTER-THE-FACT PERMIT UNDER NATIONWIDE PE~~YIIT NO.39 . , ~REVISED~ -~ ~~~4 UAC~/NCDWQ ~'_-~ = 5? Action ID SA~%~~~592-082~~~mpsori C©unt~ a ~ Cattail Branch Project ~~} Butler Drive aid Johnson street t ~~ .~ Clin>~on, North Carol~a `~ ~EI Project' No. ENMOO~#C89 _ ~ , ~~ ~,;~ ,~_ Prepnted for:. ~._ ~. ~ 11~r. Sohn Connet P. O. Box 199 Clinton, North Carolina February 2007 ... ~ ~,f ~ ~ I~ v 9 ! J'J ~ ... ~p~ t~. o~ -~a~b INTRODUCTION ' This application package is being submitted for anafter-the-fact permit under Nationwide Permit 39 for a construction project involving the channeling of a 163-foot portion of Cattail Branch, in Clinton, Sampson County, North Carolina. This application package is being submitted to meet the requirements of the US Army Corps of Engineers (USAGE), Wilmington Office, and the North Carolina Department of Environment and Natural Resources, Division of Water Quality (DWQ, Fayetteville Regional Office. The request ' is for anafter-the-fact permit due to the City of Clinton's oversight to apply for authorization prior to installing the 163-foot pipe which is the subject of the permit application. This application refers to five sections (or reaches) of Cattail Branch as follows; 1 I~ Stream Approximate Reach Desi nation Status Location Len th ft PROJECT Piped Immediately southeast of the driveway 163 of 401 Butler Drive DOWNSTREAM Piped Immediately northwest of the driveway 300 of 401 Butler Drive UPSTREAM Open Immediately southeast of the Project 180 Reach, ending at culvert for Johnson Street over Cattail Branch MITIGATION 1 Open Southeast of the Fisher Road culvert 135 over Cattail Branch MITIGATION 2 Open Between the culvert of Johnson Street 320 and Fisher Road over Cattail Branch The reach designations are graphically indicated on the Site Map, Figure 2 in Appendix F. BACKGROUND The City of Clinton initiated construction projects in 1999 through 2005 to address the severe erosion of the stream bank and stabilization structures employed for Cattail ' Branch in the vicinity of Butler Drive and Johnson Street intersection in Clinton, North Carolina. The City installed pipe in the Downstream reach, a portion of the creek begmmng with the driveway crossing of 401 Butler Drive to approximately 300 feet northwest, in 1999. Based on discussions with Lillette Granade, Physical Scientist for the US Army Corps of Engineers in Wilmington, NC, the installation of this portion of pipe was conducted prior the finalization of the Nationwide Permit 39 and would be exempt from the requirement for the a permit. In 2005, the property owners and the City were attempting to address the Project, ' Upstream, and Mitigation 1 and 2 Reaches. The Project reach is the subject of this application. This section of creek includes approximately 163' of the stream located southeast from the south face of the driveway culvert for 401 Butler Drive. The stream ' USACE Permit Application Cattail Branch Project -Butler Drive and Johnson Street ' Clinton, North Carolina banks of the creek had been historically stabilized using sand bags, steel piling, concrete walls and natural rock wall. Over time the soil behind the existing retaining structures ' was eroding and causing collapse and degradation of the stream and potential for further structural collapse. As a first step, the City conducted a stream evaluation which indicated the stream. would be characterized as a degraded urban stream with low water ' quality (See North Carolina Stream Characterization Report and NDDWQ Stream Identification Form, Appendix B). ' The City conducted an analysis to determine the most cost effective and technologically reasonable method to remedy the bank stabilization issues for the upstream portions of the creek that include the Project Reach (discussed above) as well as the approximate ' 180-feet immediately upstream of the Project Reach and approximately 450 feet to the southwest of Johnson Street, also upstream and referred to as Mitigation Reach 1 and 2. ' The City's analysis determined that Upstream Reach and the Project Reach presented particular challenges to natural stream design and/or grading and stabilization with riprap or vegetated buffer due to several reasons. The Project reach is situated on a parcel ' located between a private property and the road right-of--way for Butler Drive. Along Butler Drive are aged pine trees that stabilize the road right of way and present a limit to grading in the right-of--way. Therefore, the only direction in which to provide grade relief ' would be in the direction of the private landowner. The impact of this widening would be a severe intrusion into the parcel and the landowner saw this as potentially negatively impacting his property value. Therefore, the City was left with opportunity to only ' consider the potential remedies that would involve stabilizing the existing vertical bank configuration of the stream. ' The Upstream Reach extends approximately 180 feet southeast of the Project Reach to culvert for Johnson Street. This reach also exhibited degradation of the banks, however, the south bank exhibited a steep grade and the adjacent parcel was vegetated with large ' trees and shrubs which would stabilize that section. The north bank however would require some stabilization but did not exhibit the level degradation as was seen downstream. In addition the proximity of Butler Drive to the existing north bank ' presented severe restriction of space for any grading for rip/rap, gabion, vegetation or other desirable stabilization methods. The Mitigation Reach 1 and 2 portions of the creek located southeast of Johnson Street along Fisher Drive exhibited significant erosion and degradation of the stabilization ' structures; however, this reach of stream provided more opportuntity for use of non- structural stream bank stabilization and natural stream design enhancement. However, Mitigation Reach 1 would involve intrusion into privately owned property and the ' securing of a Conservation Easement for the property by the City. The remedy analysis results indicated that the City would need to expend approximately ' $200,000 of public funds to install appropriate stabilization to the Project Reach given the limited methods available (see Appendix C for the City's financial evaluation for remedies discussed above). The stream evaluation also concluded that the maintenance of ENMO 06 0689 Page 2 of 4 1 1 n IJ 1 i USAGE Permit Application Cattail Branch Project -Butler Drive and Johnson Street Clinton, North Carolina the stream bed in this configuration would not improve the downstream water quality appreciably. The City evaluated the Upstream Reach and determined that stabilization in that portion was not an imminent need. The evaluation of Mitigation Reach 1 and 2 indicated that stabilization remedy could be instituted in those sections that would be more beneficial to the stream and water quality while also addressing the City's need to address stormwater management issues. The City concluded that the better use of public funds would be to provide stream and water quality enhancement in a more accessible and larger area of the stream, rather than to stabilize the Project Reach. Therefore, the City decided the most reasonable method for stabilization of the Project Reach would be the least expensive, lowest maintenance alternative which was installation of the pipe. The City installed the pipe in March, 2005, and mistakenly overlooked the need to apply for authorization to install the pipe from USAGE and DWQ. This oversight resulted in a Notice of Unauthorized Activity issued by the USAGE in December, 2005. As a result, the City is now requesting anafter-the-fact approval for the installation of the pipe under authorization of Nationwide Permit 39 to include offsetting mitigation of the Mitigation Reach 2 using a natural stream design enhancement plan. This application presents a 1:1 mitigation plan ratio of stream enhancement. The Mitigation Plan is described in detail in Appendix E. In September, 2006, the City of Clinton submitted an application for the ATP NWP39 permit and was assigned Action ID SAW-2006-40592-082/Sampson County. Information that was requested in order to complete the application package included the following: 1) A copy of a draft Conservation Easement or an equivalent Declaration of Restrictions for the mitigation area and a draft recordable map that clearly depicts the surveyed boundaries of the preservation area. The City of Clinton has chosen to us a Declaration of Restrictions and has included a draft copy of the Declaration as Appendix G. A draft recordable map is included as Appendix H. 2) A revised Mitigation plan that provides detailed planting for the riparian buffers, including species and locations, detailed plans and specifications for the stream enhancement including basic Rosgen-type analysis, and the proposed construction and planting schedule. Please see the revised Mitigation plan included as Appendix E. ENMO 06 0689 Page 3 of 4 1 1 1 1 1 1 1 1 USACE Permit Application Cattail Branch Project -Butler Drive and Johnson Street Clinton, North Carolina The enclosed application package included the following information: Appendix A USACE/DWQ Pre Construction Notification Form Appendix B Stream Characterization Report and North Carolina DWQ Stream Identification Form Appendix C Stream Bank Stabilization Remedy Financial Analysis Appendix D Site Photographs Appendix E Mitigation Plan and Cost Estimate Appendix F Figures Fig 1: Project Location Map Fig 2: Site Map Fig 3: Project Drawing Fig 4: Soils and Topographic Map Fig 5: Flood Map Appendix G City of Clinton, Draft Declaration of Restrictions Appendix H Draft Recordable Map ENMO 06 0689 Page 4 of 4 t 1 1 it C~ 1 1 APPENDIX A USACE/DWQ PRE CONSTRUCTION NOTIFICATION FORM Office Use Only' Form Version March OS ' USACE Action ID No. DWQ No. ~ to - ~ a1 ~ (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing Pf',YI~~~NT RECEIVED 1. .Check all of the approval(s) requested for this project: X Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ X 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed --for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: Not proposed 5. If our project is located in any of North Carolina's twenty coastal counties (listed on page Y 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ^ II. Applicant Information ~ ~ ~ °"~~"' ~ ~ ~ r " ~ , ~ 1. Owner/Applicant Information Name: Cit of Clinton l~' ~~~ { ., t, .-~. ;~,,1Cn Mailing Address: 227 Lisbon Street ' A Clinton NC 28328 ' -592-1961 Fax Number: 910-590-3127 Telephone Number: 919 E-mail Address: jconnet(c~cityofclintonnc.us 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Veronica Hanzel Company Affiliation: EI, Inc. Mailing Address: 2101 Gatewa~Centre, Suite 200 Morrisville, NC 27560 Telephone Number: 919-657-7500 x256 Fax Number: 919-657-7551 E-mail Address: rhanzel~a eil.com Updated 11/1/2005 Page 1 of 9 III. Project Information ' Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map ' and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Butler Drive -Cattail Branch Project 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: Sampson Nearest Town: Clinton, NC Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35° 0: 16.27" °N 78°19' 38.05" °W 6. Property size (acres): 0.084 (represents the project area disturbed) 7. Name of nearest receiving body of water: Cattail Branch to Mill Branch 8. River Basin: Cape Fear (Note -this must be one. of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 1 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is a portion of Cattail Branch stretching 163 feet along Butler Drive immediately southeast of the driveway for 401 Butler Drive. The land use in the area is residential and the property immediately adjacent to the stretch of stream is used as lawn for 401 Butler Drive (south side) and right-of--way for Butler Drive (north side). Updated 11/1/2005 Page 2 of 9 The creek is categorized as a low quality urban stream according to NC Stream Categorization Worksheet. 10. Describe the overall project in detail, including the type of equipment to be used:- The project entail installation of a headwall using concrete bagging and 163' of steel, 102" pipe with stormwater drop inlets for the stretch of creek located immediately southeast of the driveway crossing for 401 Butler Drive See Figure 1 Attachment 6 - Project Site Map 11. Ex lain the u ose of the ro osed work: The purpose of the project is to remedy bank p P ~ p p stabilization concerns due to the severe erosion over recent years occurring behind existing bank stabilization structures along the subiect stretch of stream. _ IV. Prior Project History If 'urisdictional determinations and/or permits have been requested and/or obtained for this J project (including all prior phases of the same subdivision) in the past, please explain. Include i the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. No~revious project history The site is the subiect of a Notification of Unauthorized Activity issued by USACE in December 2005. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No futureprojects anticipated VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for 1 Updated 11/1/2005 Page 3 of 9 wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1 1 1. Provide a written description of the proposed impacts: 163' of a perennial channel will be permanently impacted by installation of pipe 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and floodin>?. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain ( es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) None Total Wetland Impact (acres) -0- 3. List the total acreage (estimated) of all existing wetlands on the property: -0- 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply leneth X width, then divide by 43,560. Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Length (linear feet) Area of Impact (acres) 1 Cattail Branch culvert Perennial 23' 160' 0.084 Total Stream Impact (by length and acreage) 163 0.084 Updated 11/1/2005 Page 4 of 9 1 1 t 1 1 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) None Total Open Water Impact (acres) 6. List the cumulative im act to all Waters of the U.S. resulting from the roject: Stream Impact (acres): 0.084 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.084 Total Stream Impact (linear feet): 163 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes X No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Updated 11/1/2005 Page 5 of 9 1 1 1 1 1 1 1 1 1 Impacts are necessary in order to permanently remedy the stabilization of the stream banks in the subject stream stretch. An analysis of stabilization options indicated that the installation of bank stabilization techniques would be either too costly or were technically infeasible given the significant impact to personal property not owned by the city. It should be noted that the location of the stream in proximity to surrounding trees, road and property ownership, limited the potential for grading of the banks to accommodate riprap or vegetated buffers as a viable remedy. Therefore, the analysis include only the available stabilization techniques for vertical bank stabilization. Impacts to the free flow of the stream are being minimized by installation of a conveyance of sufficient size to not impede water flow given the current stream convey capability. See Attachment 3 for detail information on the stabilization methods analyzed for the project. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values,: preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http: //h2o. enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. See Attachment 5 - Mitigation Plan. It should be noted that the City will provide mitigation to approximately 166' of stream located upstream from the subject project. The Updated 11/1/2005 Page 6 of 9 r 1 1 ~ ,x. 1 1 X t 1 deci_sio__n to_ include this level of mitigation is based on the need to stabilize the stream banks for this portion of the stream as well as to provide water management improvement and water quality enhancemer~-to the degraded stream. This stretch provides the most accessible and reasonable mitigation location in proximity to the subject stream stretch. In addition, the improvements to this portion of the stream were determined to be a more cost effective use of public funds for overall water flow management and water quality improvement. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 0 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount ofNon-riparian wetland mitigation requested (acres) Amount of Coastal wetland mitigation requested (acres): 0 Environmental Documentation (required by DWQ) 0 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes X No ^ 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No X 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Updated 11/1/2005 Page 7 of 9 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No X 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multi Tiers. Zone* Impact Multiplier Required (s uare feet) Miti ation 1 3 (2 for Catawba) 2 1.5 Total * Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss storlnwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. One section of a paved driveway will be replaced, consisting of an approximate 20' X 20' area. This area equates to approximately 13% of total impacted acreage. i XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. No wastewater will be generated from the project XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes X No ^ Is this anafter-the-fact permit application? Yes X No ^ Updated 11/1/2005 Page 8 of 9 XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No X If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This project is not anticipated to impact water quality downstream based on the current condition of the subject stream as a degraded urban stream. In addition, this section of impact will actually connect to a~ipe that was previously installed immediately downstream from the subject stream stretch. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). -c~" 2 -2 t -~~ A licant/A ent's Si ature Date PP g ~ (Age s signature is valid only if an authorization letter from the applicant is provided.) [] 1 1 Updated 11/1/2005 Page 9 of 9 1 1 1 APPENDIX B STREAM CHARACTERIZATION REPORT ' NORTH CAROLINA DWQ STREAM IDENTIFICATION FORM r i t 1 1 u w r 1 1 PERMIT APPLICATION FOR CATTAIL BRANCH, CLINTON, NC Summary of Biological, Historical, and Archeological Investigations Vegetative Community The following is a list of species that was found on the banks and directly adjacent to the banks both up and downstream of the culverted portion of Cattail Branch. • Loblolly Pine • Fescue • Water Oak • Willow Oak • Muscadine Vine • Southern Magnolia • Flowering Dogwood • English Ivy • Red Mulberry Jurisdictional Topics: Waters of the United States Surface waters and jurisdictional wetlands fall under the broad category of Waters of the United States, as defined in Title §33 of the Code of Federal Regulations (CFR) Section 328.3. Wetlands, defined in §33 CFR 328.3, are those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted to life in saturated conditions. Any action that proposes to place fill into these areas falls under the jurisdiction of the USACE under Section 404 of the Clean Water Act (33 U.S.C. 1344) and the NCDWQ through Section 401 of the Clean Water Act which requires a Water Quality Certification. 1 1 Potential wetland communities were investigated pursuant to the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory, 1987). The manual outlines a three-parameter approach. Hydric soils, hydrophytic vegetation, and certain specific hydrologic characteristics must all be present for an area to be considered a wetland. No wetlands were found within the project study area. One surface water, Cattail Branch, is located within the project study area. Cattail Branch is the stream in question that has been culverted. A North Carolina Division of Water Quality -Stream Identification Form (Version 3.1) was completed on Cattail Branch. The Stream Identification Form yielded a score of _ 37.5 points, which indicates that the stream is perennial (> 30 points). The Stream Identification Form is included as an attachment. Cattail Branch is in USGS HUC 03030006090060 and NCDENR sub-basin 03-06-19. It has a designated NCDENR surface water classification of C: SW. 1 i is d and be un ex andin i Cattail Branch is a channelized stream that has nc e g p g is belt width by eroding its channel banks to move laterally from its current straightened form. Many hardening structures have been placed on both the left and right banks of the channel to try and thwart channel degradation. These structures include, concrete lined banks, concrete bag retaining walls, rip-rap, and yard waste. There is deep rooting vegetation within the riparian buffer off of the right bank. The left bank represents the left edge of the valley where the toe of slope of the historic floodplain meets the upslope of a bluff. The left bank with the exception of where the 150' of culvert has been placed is forested. Threatened and Endangered Species Some populations of flora and fauna have been in, or are in, the process of decline either due to natural forces or their inability to coexist with human activities. Federal law (under the provisions of the Endangered Species Act of 1973, as amended) requires that any action likely to adversely affect a species 1 classified as federally protected be subject to review by the USFWS. Other species may receive additional protection under separate state laws. Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE), and Proposed Threatened (PT) are protected under the provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of February 2003, the USFWS lists four federally protected species for Sampson County (Table 1). A brief description of the characteristics and habitat requirements for these species along with a ~ conclusion regarding potential project impacts follows. TABLE 1 FEDERALLY PROTECTED SPECIES FOR JOHNSTON COUNTY 1 i~ SCIENTIFIC NAME COMMON NAME STATUS Alligator mississippiensis American alligator T (S/A)* Picoides borealis Red-cockaded woodpecker E Schwalbea Americana American chaffseed E Lindera melissifolia Pondberry E* "E" -Endangered - A taxon "in danger of extinction tnrougnout aii or a signiricant portion or its range." "*" -Threatened due to similarity of appearance. No biological conclusion required. Picoides borealis (red-cockaded woodpecker) Endangered Famil Picidae Y Date Listed: October 13, 1970 The red-cockaded woodpecker (RCW) is a mostly black and white bird with a barred back and wings and a large white cheek patch. Compared to other woodpeckers, RCWs are mid-sized (about eight inches long) and superficially resemble several other species, such as hairy (Picoides villosus) and downy t I~ r t 1 1 i (Picoides pubescens) woodpeckers. The RCW male's small red spot behind his eye inspired the name "cockaded". Otherwise, these birds are nondescript in appearance, and their habits tend to make them less conspicuous than other woodpeckers. RCWs establish colonies that include adult and nearly mature birds in addition to the primary breeding pair. The species' most notable characteristic is its dependency on old live pine trees, which the birds excavate in a unique manner. Cavity excavation in live pines may take a number of years. The birds typically build nests in pine trees at least 30 years of age with 10-inch or greater dbh, and prefer those with heart rot. Numerous cavities may be started in potential colony sites, and some may be abandoned before completion. Abandoned cavities may be reoccupied at a later date if not overtaken by some other inhabitant in the meantime. Occupied trees are pecked around the cavity entrance to exude sap, which runs down the tree's bole, creating a distinctively noticeable "candle" effect (USFWS, 2003b). While pure pine stands are required for nesting, RCWs will use mixed forests, woodlands, or savannas for foraging. Fifty percent or more of the dominant trees must be pines 30 years of age or older. BIOLOGICAL CONCLUSION: NO EFFECT Ground surveys for RCW habitat within the project study area were conducted. There are no stands of old growth pines (preferred nesting habitat) within ahalf- mile of the project study area. The mixed pine and hardwood forests within the project study area are too young or contain too few pines to be preferred foraging habitat. Schwalbea americans (American chaffseed) Endangered Family: Scrophulariaceae Federally Listed: October 1991 Flowers Present: late May-early June This species is known historically from Alabama, Connecticut, Delaware, Kentucky, Maryland, Massachusetts, New York, Tennessee, and Virginia in which it has been extirpated. The only confirmed North Carolina population is on Fort Bragg military base in Hoke County. The American chaffseed is an erect herb whose stems branch only at the base (if at all) and grow to a height of 3-8 dm. The entire plant is pubescent, with upwardly curving hairs. The narrow leaves are alternate, lance-shaped to elliptic, stalkless, and 2 to 5 centimeters long. The leaves are three veined and become progressively smaller towards the top. It bears solitary flowers in the axils of the upper most leaves. The purplish-yellow flowers are arranged into racemes. The fruits are a long narrow capsule, enclosed in aloose-fitting sack-like structure. This species occurs in open, moist pine flatwoods, fire maintained savannas, ecotonal areas between peat wetlands and open grass-sedge systems. Soils are generally sandy, acidic, and seasonally moist to dry. Fire is important in the maintenance of open habitat for the American chaffseed. BIOLOGICAL CONCLUSION: NO EFFECT No moist pine flatwoods, fire maintained savannas, or ecotonal areas between peat wetlands and open grass-sedge systems are found within the project area. Lindera melissifolia (pondberry) Endangered Plant Family: Lauraceae Federally Listed: July 31, 1986 Flowers Present: March -early April Distribution in N.C.: Bladen, Cumberland, Sampson. The pondberry is currently known from 19 populations in the southeastern United States. North Carolina is home to only one known population; this population occurs on private land in Bladen County. Pondberry is a deciduous, aromatic shrub that has a distinct sassafras-like odor. It grows approximately 2 meters tall and spreads through stolons. Leaves in the pondberry are six to sixteen centimeters long and two to six centimeters wide, arranged alternately, have rounded bases, and droop downward. It has small pale yellow flowers that appear in early spring before the leaves. The fruit which matures in August or September is a bright red drupe. This plant grows in lowland habitats with hydric soils. These sites are generally flooded at some time during the growing season. It is associated with the margins of sinks, ponds, and other like depressions. The soils present are sandy with high peat content in the subsurface. Areas inhabited by this species show signs of past fire maintenance and now have shrubby conditions. The plants generally grow in shady areas but may also be found in areas that receive full sunlight. BIOLOGICAL CONCLUSION: NO EFFECT ~' No lowland habitats with sinks, ponds, or other depressions are present within the project study area. The soils are sandy but do not contain peat in the subsurface. Cultural Resources Ko & Associates is awaiting a letter from the NCSHPO on its determination of findings for the site. Ko will provide EI, Inc. with the letter as soon as it has been received. 1 North Caralitla division of VYater Quality _ Stream Identification Farm; Version 3.1 Date: ~~~~~ Evaluator: '~ an~JfR,~ Tatai Points: ~~ , Stream is at least ntertrtitteat tf Z 13 or perennial if z 34 Project: ~77zc• ~~t~x{,,~ Site: ~-~~~-' ~. Vr_' ~° ! ~cr-f County; ~ ~ ~~ Latitude: -` Q3S° 4©~ 13'.74 Longitude: ~~$° ~~ t 3Z3`f tither ,, tt ' S e.g. Quad Name: ~~i11~'b!1 f Jti3o A. Geomor hctlo (subtotal = Absent Weak Moderate Strong. 1g. Continuous bed and bank 0 1 2 3 2. Sinuosity 0 1 2 ~ ~ _ G 3. In-charEnei structure: riffle-pool sequence 0 j 1 i 3 4. Soil texture or stream substrate sorting 0 1 ~ 3 -..__ 5. Activelretic floodptain 0 ~ 1 2 i 3 ti. Depositional bars or benches 0 ~ 1 ~ 3 7. Braided channel 1 2 3 _ t3. Recent alluvial deposits 0 1 2 9 a Natural levees ~.-- ----- 1ft. Headcuts 0 ~ 0 --•_ j i __-. 1 2 _ _--. 2_~~ 3 ~~ 11. Grade can#ro(s 0 0.5 1 1.5 12. Natural valley or drainageway _ 0 0.5 1 1 _ 1.5 13. Second or greater order channel on existin USES or NRCS map or other documented evidence. f No = 0 ~ Yes = 3 a t+Aan-made ditches are nok rated; see discussions in manual C2 L-Ei r: irntnnit (Ct~htnf~) = ~. ~ ~ 14. Groundwater flow/discharge ~ --Q __. _._._._~- 1----- --- 2 ~ ~-i ~•~ 1 ~ w._... ._...._ 15 Water in channel and > 48 hrs since rain, or Water in channel -- dry or growin season ` 0 1 ( 2 ! 11i. Leaflitter 1.5 ~ 1 --_ - Q.5 0 ~ 17. Sedimen# on plants ar debris __- _ 18.Organic debris lines or piles (Wrack lines) _~ 0 ~0- ~ ~ ~~ 0.5~ 0.5 1 ~ 1 1.5 ~ 1.5 19. Hydric soils (redoximorphic #eatures) present? Na = 0 Yes =1.5 :_____~. (' Rinlnnv 1Cuhtntat . ~ 1 20b. Fibrous roots in channel ~ 2 1 0 ~~ __ 21 . Roo#ed plants in channel T 2 __.~~ ! 1 _. 0 22. Gr~yrsh , 0.5 1 1.5 __._. :.___._ 23. Bivalves p 1 ~ 3 24. Fsh _.._..._~._._.._ 0 ( 5 1 1.5 25. Amphibians 0.5 1 1.5 26. Macrobenthos (note diversity and abundance) 0 0.5 1 1.5 27, Filamentous algae; periphy#on 1 2 3 2$. Iran oxidizing bacterialfungus. ? 0 0.5 1 1.5 29 . Wetland plants in streambed ~ FAG = t?.5; FAGW = 0:75; OBL = 1.5 SAV = 2.0; Other = 0 "Items 20 and 21 focus on the presence at upland plants, Item Z9 tocuses on ine presence of aquauc or wenano punts. Sketch; Notes: (use back side of this form for addi#ionai no#es.} 1 CI ~~ APPENDIX C STREAM BANK STABILIZATION REMEDY FINANCIAL ANALYSIS 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 O l~ - 12.7 ~ Analysis of Options for Management of Stream Bank Issue Cattail Branch, City of Clinton Method Bank Stabilization Sheet Pile Gabion excavation, grading 15,000 25,000 Sheet pile 92,000 pile driving 55,000 gabion baskets fabrication 60,000 riprap w/grading Planting/beutification 3,000 3,000 Administrative aspects permit 2,500 2,500 conservation easement 3,000 3,000 Total 170,500 93,500 Pipe installation excavation, headwall, construction 29,000 Fabricated pipe and peripherals 38,000 Seeding 300 Administrative aspects permit 2,500 69,800 1 1 1 1 1 APPENDIX D SITE PHOTOGRAPHS 1 ~~~~~~~ Cattail Branch Project, Clinton, North Carolina ENMO060689 Project reach prior to construction Aerial depicting Project Reach location ~..,~ _ ~, Project reach during construction '~ ~~.. ~" ~'~ ~~,'. ;,~ Project reach prior to construction Project reach prior to construction Cattail Branch Project, Clinton, North Carolina ENMO060689 r 6' , -'` r . _ k... d ~' ~,~, _R +v- Upstream reach from Johnston Street p!4n Y ~ 4 r 1 [~4_ r i x Y - `~ R $ PP'' ~t,''.yn ~ r, • ,[ i ' ~ ti .. <'t Open stream at end of Downstream Reach Upstream reach at end of Project reach ~~, F ~ r F 'p ~ f !~~ ~ ; , ~-~;' ~~ Nlrb ~1} IA~1 ~` .ly ~.~~' p ~a~~, e Y ~ ~~: ~a .~ "'iP Culvert at end of Downstream Reach Upstream reach at end of Project reach Upstream reach at end of Project reach F ~ ~,,,~ ~»,~ ~j. ;'~ yA .a•_ 1F'lT'S: u$ i to ~~ ~ .-ice` ~ J~R ~ 1 ~ (~++• t .~~ ~, ~~ ~'`~~'^ ~ ~~'~ a ~ ~.~: ~.~ f Yf R 4 S " ^. 4~ Cattail Branch Project, Clinton, North Carolina ENM0060689 n '~` t 1,i1 ~:.t .r" " ~K ;: I ` a' a: 9,..~i~ -.:,.:Jq$.-,~ ~y~ ~~ ~Y ^+'OF - ¢~ L s~'~-~ '~'~~.::. t' 'J s,. ? rid ` _ ~ .,.,'~4a~+' ^,~;.~ _ ~ ~_'~ _ ~_ Open stream at end of Downstream Reach Open stream at end of Downstream Reach r. 1 i 1 APPENDIX E MITIGATION PLAN 1 1 1 1 1 1 1 1 1 1 1 1 ot~-ia~~ Cattail Branch Mitigation Plan Prepared for the City of Clinton, Sampson County, North Carolina ~..~..~ ~~ ~- a ~ •, • ~,. . M ~ r 4 ~ f ,- m q~ _ a . i?~.rt° r ~t` S y}.+ ~ ~ 't# ,1.~ ~ rip: E ~',s. "~A" L 4* ~, x °,L a .~ ry,~, wfi. r _ a KO cPc ASSOCIATES, P. C. ConsullinK En~;inrers *'~ t .. February 14, 2006 EXECUTIVE SUMMARY ~ This document details a plan to restore approximately 167 linear feet of Cattail Branch in Clinton, NC. The Site is proposed to be used for mitigation credits by the City of Clinton to offset surface water impacts from a recently culverted section of Cattail Branch. The proposed mitigation site is located directly upstream of the portion of Cattail Branch that was recently culverted. The site is located in Fisher Drive Park with the upstream limit beginning at the tree line and the ~, downstream limit ending at Fisher Road. The site contains approximately 135 existing feet of Cattail Branch. The portion of Cattail Branch that is within the site has been straightened and incised in the past and is currently exhibiting signs of channel enlargement through bank failure, as evidenced by eroded and concrete lined banks. Additionally, the riparian buffer has been denuded of vegetation and currently displays only scattered trees off of the left bank and no trees off of the right bank. The dominant vegetation off of each bank is composed of maintained grasses. The site is located in a highly urbanized watershed in which impervious surfaces and channel disturbance are high. The proposed mitigation will 1.) restore Cattail Branch using Natural Channel Design principals and 2.) restore a vegetated riparian buffer approximately 50 feet of both the left and right banks. The designed channel is a Rosgen stream type C5, Priority II restoration, which will total approximately 167 feet. Restoration of a degraded stream system to a stable condition leads to improvements in the aquatic and terrestrial communities that depend on the stream. The proposed plan will provide important benefits by improving the biological integrity of the stream, reducing toxicity from surrounding nutrient runoff, increasing dissolved oxygen, moderating pH levels, and moderating water temperatures of the stream through shading by planting a wooded buffer. 1 it a KO & ASSOCIATES, P. C. Consullin~; E~t~~ineers r 1 1 TABLE OF CONTENTS SECTION PAGE EXECUTIVE SUMMARY ................................................................................ TABLE OF CONTENTS .................................................................................. 1.0 PURPOSE ........................................................................................... 2.0 GOALS ................................................................................................ 3.0 LOCATION .......................................................................................... 4.0 WATERSHED ..................................................................................... 4.1 Land Use ......................................................................................... 4.2 Future Watershed Impacts .............................................................. 5.0 EXISTING CONDITIONS .................................................................... 5.1 Physical Condition of Stream ........................................................... 5.2 Stream Classification and Substrate Analysis ................................. 5.3 Water Quality ................................................................................... 5.4 Soils ................................................................................................. 5.5 Vegetative Communities ................................................................. 5.6 Rare, Threatened and Endangered Species and Communities...... 6.0 REFERENCE CONDITIONS .............................................................. 6.1 Existing Channel ............................................................................. 6.2 Reference Reach ............................................................................ 7.0 PROPOSED CONDITIONS ................................................................ 7.1 Stream Restoration (Natural Channel Design) ................................ 7.2 Perpetual Conservation Easement ................................................. 7.3 Sediment Analysis .......................................................................... 7.4 HEC-RAS Analysis ......................................................................... 8.0 STRUCTURES AND CHANNEL PLUGS ........................................... 9.0 PLANTING PLAN/RIPARIAN BUFFER ............................................. 10.0 MONITORING PLAN ................................................................... 10.1 Stream and Vegetation Monitoring ........................................... 10.2 Stream and Vegetation Success Criteria ................................. 10.3 Stream and Vegetation Contingency ........................................ 11.0 Scheduling and Reporting ............................................................ 12.0 REFERENCES ............................................................................. TABLES ................................. i ................................1 ................................1 ................................1 ................................1 ................................1 ................................ 2 ................................2 ................................2 ................................ 2 ................................ 3 ................................ 3 ................................ 3 ................................ 5 ................................ 6 ................................6 ................................ 6 ................................. 8 ................................. 8 ................................. 9 ...............................10 ...............................11 ...............................13 .. . ....................13 ...................................13 ...................................14 .. .............................15 ..........16 Table 1 -Federally Protected Species for Sampson County .......................................... 3 Table 2 -Conceptual Morphological Characteristics of Cattail Branch .......................... 7 Table 3 -Project Schedule ........................................................................................... 15 APPENDICES Appendix A -Figures Appendix B -Cattail Branch Supporting Documentation Appendix C - UT to Ironhill Branch Supporting Documentation a KO & ASSOCIATES, P. C. ~ ConsultinX Engineers L~ t 1 1 1 1 1 1 1 1 Cattail Branch Mitigation Plan City of Clinton 1.0 PURPOSE The purpose of the Cattail Branch Mitigation Plan is to detail a plan to restore a section of Cattail Branch for use as mitigation. Credits obtained by the restoration of Cattail Branch within the site will be used to offset impacts to Cattail Branch that occurred downstream of Johnson Street. The impacts which occurred on Cattail Branch are detailed in the permit application of which this mitigation plan is attached. 2.0 GOALS The goals of the project include introducing a stable dimension, pattern, profile, and vegetated riparian buffer along Cattail Branch which will replace the existing degraded, concrete lined channel. Introducing a stable channel and vegetated riparian buffer will help to increase water quality in a highly urbanized watershed. This will also increase the amount and diversity of both aquatic and terrestrial fauna and flora within, upstream of, and downstream of the study area. 3.0 LOCATION Cattail Branch is located in the City of Clinton in Sampson County, North Carolina (Appendix A, Figures 1 and 2). The section of Cattail Branch to be. restored is located in Fisher Drive Park. This section of the channel flows from the southern property line near the tree line northwesterly for approximately 152 linear feet to the culvert crossing of Fisher Drive. 4.0 WATERSHED Cattail Branch is located within the Cape Fear River Basin in the United States Geological Survey (USGS) Hydrologic Unit Code (HUC) 03030006090060, and North Carolina Division of Environment and Natural Resources (DENR) sub-HUC 03-06-19. The downstream point of the study area has a contributing watershed area of approximately 376 acres (0.59 mi2). 4.1 Land Use Land use immediately adjacent to Cattail Branch, within the study area, is dominated by maintained grounds with fescue as the dominant vegetative species. Land use within Cattail Branch's watershed is urban in nature with high impervious areas. Land use includes residential housing, private business, municipal buildings, public buildings and parking lots that channel stormwater flow into Cattail Branch. 4.2 Future Watershed Impacts The watershed is currently highly urbanized change significantly in the foreseeable future. It is unlikely that watershed characteristics will a KO & ASSOCIATES, P. C. Cunsrrllin~, En~inecrs i ~~ i I n f r7 1 1 Cattail Branch Mitigation Plan City of Clinton 5.0 EXISTING CONDITIONS 5.1 Physical Condition of Stream Cattail Branch flows generally in a northwesterly direction through a public park for approximately 152 linear feet before entering a culvert under Fisher Drive. The channel has been straightened and incised in the past as depicted in site photographs which are found in Appendix B. Incision of the channel has led to a high degree of entrenchment of the bankfull flow within the existing channel. The invert of the arch culvert at Fisher Drive is acting as grade control by keeping the channel from incising to a greater extent than has already occurred. Incision of the channel has led to high shear stress on the channel's banks and subsequent bank failure and mass wasting. Concrete has been placed along the channel's banks in an effort to slow bank erosion. A conversation with Ms. Lillian Herring, who lives immediately downstream of the project site, and owns two parcels along Cattail Branch, revealed that the channels were lined with concrete in 1953. Additional causes of channel degradation can be directly attributed to the loss of mature riparian vegetation and the urbanization of the contributing watershed. Currently there are virtually no mature rooted plants that line the channel banks. The loss of these rooted plants has led to lower soil cohesiveness and consequently a high degree of bank failure. Additionally, the urbanization of the contributing watershed has increased the impervious surface area, which decreases the water travel time during precipitation events. This leads to more frequent recurrence intervals for peak flows in the channel, which causes more frequent high stress periods on the channel banks and bed. A North Carolina Division of Water Quality (NCDWQ) Stream Classification Form was completed for Cattail Branch (Appendix B). Cattail Branch scored a 37.5 on the form which indicates that the stream is perennial. 5.2 Stream Classification and Substrate Analysis Cross-sections were surveyed on Cattail Branch within the study area to help determine physical features of the channel. The cross-sections revealed that the bankfull elevation is entrenched within the channel, and that the channel has a very low width-to-depth ratio. These two factors coupled with the fact that the channel has relatively no sinuosity, and the bed material is comprised of sand indicates a Rosgen channel classification is a G5 type stream. 5.3 Water Quality e Cattail Branch is classified by NCDWQ as a C: SW. Class C is a best usage classification for which the waters in this class must be protected for aquatic life propagation and survival, fishing wildlife, and secondary recreation. SW is a supplemental classification of Swamp Waters of which have low velocities and other natural characteristics, which are different from adjacent streams. 1 s a KO & ASSOCIATES, P. C. 2 Consullin~ Engineer 5.4 Soils Cattail Branch Mitigation Plan City of Clinton The Soil Survey of Sampson County, North Carolina (USDA, 1985) identifies Bibb and Johnston soils as well as Marvyn loamy sand as the two soil complexes that underlie or are directly adjacent to the study area. Bibb and Johnston soils underlie the existing stream channel while Marvyn loamy sand lies on the extents of the channel. The Bibb and Johnston soils series are poorly drained soils found in floodplains along major streams. The Marvyn series is a well drained soil found on short side slopes along pronounced drainageways. 5.5 Vegetative Communities Land use within the study area is comprised of maintained grounds used for public recreation. The maintained grounds are dominated by grass (fescue mostly) and common weeds. There are eight mature southern red oaks (Quercus falcate) located off of the left bank of the channel within the first 40 feet. 5.6 Rare, Threatened and Endangered Species and Communities Some populations of flora and fauna have been in, or are in, the process of decline either due to natural forces or their inability to coexist with human activities. Federal law (under the provisions of the Endangered Species Act of 1973, as amended) requires that any action likely to adversely affect a species classified as federally protected be subject to review by the United States Fish and Wildlife Service (USFWS). Other species may receive additional protection under separate state laws. Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE), and Proposed Threatened (PT) are protected under the provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of April 27, 2006, the USFWS lists four federally protected species for Sampson County (Table 1). A brief description of the characteristics and habitat requirements for these species along with a conclusion regarding potential project impacts follows. i G Table 1. Federal) Protected S ecies for Sam son Count Sciientific,, Name Commas AJame Status Alli afor mississi iensis American alli ator T S/A Picoides borealis Red-cockaded wood ecker E Schwalbea Americana American chaffseed E Lindera melissifolia Pondber E "E" -Endangered - A taxon "in danger of extinction throughout all or a significant portion of its range." "*" -Threatened due to similarity of appearance. No biological conclusion required. a KO & ASSOCIATES, P. C. 3 Conaullin~; En~,~ineers t A Picoides borealis (red-cockaded woodpecker) Endangered Family: Picidae Date Listed: October 13, 1970 Cattail Branch Mitigation Plan City of Clinton The red-cockaded woodpecker (RCW) is a mostly black and white bird with a barred back and wings and a large white cheek patch. Compared to other woodpeckers, RCWs are mid-sized (about eight inches long) and superficially resemble several other species, such as hairy (Picoides villosus) and downy (Picoides pubescens) woodpeckers. The RCW male's small red spot behind his eye inspired the name "cockaded". Otherwise, these birds are nondescript in appearance, and their habits tend to make them less conspicuous than other woodpeckers. RCWs establish colonies that include adult and nearly mature birds in addition to the primary breeding pair. The species' most notable characteristic is its dependency on old live pine trees, which the birds excavate in a unique manner. Cavity excavation in live pines may take a number of years. The birds typically build nests in pine trees at least 30 years of age with 10-inch or greater dbh, and prefer those with heart rot. Numerous cavities may be started in potential colony sites, and some may be abandoned before completion. Abandoned cavities may be reoccupied at a later date if not overtaken by some other inhabitant in the meantime. Occupied trees are pecked around the cavity entrance to exude sap, which runs down the tree's bole, creating a distinctively noticeable "candle" effect (USFWS, 2003b). While pure pine stands are required for nesting, RCWs will use mixed forests, woodlands, or savannas for foraging. Fifty percent or more of the dominant trees must be pines 30 years of age or older. BIOLOGICAL CONCLUSION: NO EFFECT Ground reconnaissance for RCW habitat within the project study area were conducted. There are no stands of old growth pines (preferred nesting habitat) within ahalf--mile of the project study area. The scattered pine and hardwood forests adjacent to the project study area are too young or contain too few pines to be preferred foraging habitat. Schwa/bea americana (American chaffseed) Endangered Family: Scrophulariaceae Federally Listed: October 1991 Flowers Present: late May-early June 1 This species is known historically from Alabama, Connecticut, Delaware, Kentucky, Maryland, Massachusetts, New York, Tennessee, and Virginia in which it has been extirpated. The only confirmed North Carolina population is on Fort Bragg military base in Hoke County. The American chaffseed is an erect herb whose stems branch only at the base (if at all) and grow to a height of 3-8 decimeters. The entire plant is pubescent, with upwardly curving hairs. The narrow leaves are alternate, lance-shaped to elliptic, stalkless, and 2 to 5 centimeters long. The leaves are three veined and become progressively smaller towards the top. It bears solitary flowers in the axils of the upper most leaves. The purplish-yellow flowers are arranged into racemes. The fruits are a long narrow capsule, enclosed in aloose-fitting sack-like structure. This species occurs in open, moist pine flatwoods, fire maintained savannas, ecotonal areas between peat wetlands and open grass-sedge systems. Soils are generally sandy, acidic, and a KO & ASSOCIATES, P. C. 4 CoresrrLia~; En~,~irreers f Cattail Branch Mitigation Plan City of Clinton seasonally moist to dry. Fire is important in the maintenance of open habitat for the American chaffseed. BIOLOGICAL CONCLUSION: NO EFFECT No moist pine flatwoods, fire maintained savannas, or ecotonal areas between peat wetlands and open grass-sedge systems are found within the project area. Lindera melissifolia (pondberry) Endangered Plant Family: Lauraceae Federally Listed: July 31, 1986 Flowers Present: March -early April Distribution in N.C.: Bladen, Cumberland, Sampson. The pondberry is currently known from 19 populations in the southeastern United States. North Carolina is home to only one known population; this population occurs on private land in Bladen County. Pondberry is a deciduous, aromatic shrub that has a distinct sassafras-like odor. It grows approximately 2 meters tall and spreads through stolons. Leaves in the pondberry are six to sixteen centimeters long and two to six centimeters wide, arranged alternately, have rounded bases, and droop downward. It has small pale yellow flowers that appear in early spring before the leaves. The fruit which matures in August or September is a bright red drupe. This plant grows in lowland habitats with hydric soils. These sites are generally flooded at some time during the growing season. It is associated with the margins of sinks, ponds, and other like depressions. The soils present are sandy with high peat content in the subsurface. Areas inhabited by this species show signs of past fire maintenance and now have shrubby conditions. The plants generally grow in shady areas but may also be found in areas that receive full sunlight. ~~ BIOLOGICAL CONCLUSION: NO EFFECT No lowland habitats with sinks, ponds, or other depressions are present within the project study area. The soils are sandy but do not contain peat in the subsurface. 6.0 REFERENCE CONDITIONS 6.1 Existing Channel A section of Cattail Branch directly upstream of the study area has a mature vegetated riparian buffer on much of the banks. This section of Cattail Branch displays some areas of stable hydraulic dimensions. Across-section through a riffle area and a longitudinal profile were completed on a reach of the channel approximately 50 feet upstream of the tree line (the tree line is the upstream most point of the study area). Information from this reach of Cattail Branch was used to verify the bankfull discharge through the site. The bankfull discharge through this reach was determined to be 22 ft3/s. a KO & ASSOCIATES, 'P. C. 5 CunsulJiir~, En~ineas t 6.2 Reference Reach Cattail Branch Mitigation Plan City of Clinton Restoration designs use reaches of stable channels and buffers within the same physiographic region for design guidance. These reference reaches provide natural channel design dimensionless ratios that are based on measured morphological relationships from stable channels. One channel, the UT to Ironhill Branch, was deemed suitable as a reference for the restoration of Cattail Branch. The UT to Irohnill Branch is a sand bed system with a low slope (0.2 percent), a moderately high width-to-depth ratio (15.2), high entrenchment ratio (20.4), and moderately high sinuosity (1.3). The UT to Ironhill Branch has a Rosgen stream classification of C5. A detailed morphological description of the UT to Irohnhill Branch can be found in Table 2. Site photographs and a North Carolina Division of Water Quality (DWQ) Stream Classification Form are located in Appendix C. 7.0 PROPOSED CONDITIONS The proposed stream restoration was designed using Natural Channel Design methodologies. ~, Design parameters were obtained from existing conditions on-site (bankfull discharge), reference reach conditions off-site (dimensionless morphological relationships) and from professional experience of designing and constructing numerous sand bed channels throughout North ' Carolina. The primary goal of the project is to design and construct a channel which will convey its flow and sediment load through the restoration reach without aggrading or degrading over time, while improving aquatic and terrestrial habitat and water quality. ~j 7.1 Stream Restoration (Natural Channel Design) Cattail Branch is designed as a C5 type channel with a low slope (0.13 percent), a moderately high width-to-depth ratio (12.5), moderately high entrenchment ratio (4.3), and moderately low sinuosity (1.1). Morphological characteristics of the design channel can be found in Table 2. The design plan view depicting existing conditions and proposed plan view conditions are depicted on Figure 3 in Appendix A. The proposed longitudinal profile and cross-section are depicted on Figure 4. The design channel will increase stream length from the existing 152 linear feet to almost 167 linear feet. A Priority II restoration of the designed C5 type channel will be required because the bankfull elevation is below existing ground. Priority II restorations require a floodplain to be excavated at the bankfull discharge elevation through the project. The designed floodplain width averages 50 feet, while the floodprone width (the width of open floodplain at two times maximum bankfull depth) averages 60 feet. Stream Structure and Habitat Enhancement One of the main components of the restoration of Cattail Branch is to enhance aquatic habitat. Log structures such as a log cross-vane, log vanes, and rootwads are incorporated into the design to add woody debris, and shading to the stream channel. These structures should enhance the ability for aquatic fauna to propagate and spread up and downstream of the Site. Additionally, these structures will serve a vital role in stabilizing stream banks and creating a riffle pool sequence through the channel which will help dissipate flow energy and provide habitat for macrobenthos. a KO & ASSOCIATES, P.C. 6 ConsrrltireX Engineerv c c ' ca O d c oU '~ o rn _~ ~U t U C (0 ' m fd U V C i m .~ r N L d r i t t4 .O O a L Q ' N d H C © ~ Q ~ - 4 ~ J ~i ; ~ ~:. ~6 ~X L ~ ~ J x ~ { t i T ? r ` s r ~' ,~ . t. ~ ~ 1_ ~ c ~,'' ~ ~ •V A ` t a~ ~ _ F, t"` , s ~- Y t . F ' N C C ~ ~ M ~ ~ ~ m O " " " ~ ~ ( • ~ ~ N ~ M (D ~ O ~ M (D O CO O O f~ (D N CO d0 I~ a N 6 N a N ~ N ~ N ~ N O O 00 ~ CO ~ O 0 O 0 ~ ~ ~ ~ ~ O f~ ~ ~ M O N O M ~ ~ N N ~ (p ~- r . N N N N N N ~ 00 00 O O N ~ 00 O O N in ~j ~ c c c c c c o o v ~ X W M f0 f0 f0 fa (0 (0 L U L U L U L U L U L U 2 I=- a W ~ ~ J J J ~ ~ LL o a ~ Q ~, W m W J O H $ _ ~ ~ ~ W U' Z ~ ~ Q w $ ~ Q Y ~ ~ ~ ~ ~ ~ Q w ~ ~ ~ m e w ~ W' W ~ ~ Q O O m O ~ d. cn ~ = a ~ ~ U ~ U ~ ~ O ~ O ~ ~ Z J O ~ Q a ~ " a w O Z O w C~ ~ H a ¢ ~ J ~ Q a ~ d ~ ~ H a LL1 ~ o U a a O ~ H ~ ~ > Q I11 N Z = ~ ~ ~ ~ ~ w w ~ o Q w = W cn Q W U Cn X Q o a w C~ Z O t- ~ ~ O ~ ~ H O Y a ~ p ~ J O a W O ~ O J 0 J 0 Z ~ ~ Q W ~ J ~ J f' a W X J ~ J O J ~ J a o ~ ~ = ~ ~ ~ J U w ~ ~ _ F- ~ ~ ~ O J J cn w a O O a p J 0 a 2 F- ~ 0 a 0 d 0 a O F- g Ur Q J ~ LL J ~ l ~ J LL J » L J LL J » L LL- U Z W 0 LL 0 O U LL O Q >- > ~ ~ (n r W C~ Q ~ LL. O p W 0 ~ Ll. 0 ~ LL 0 Q Q W Z Y 1. Y = ~ Y L Y Y L Y = ~ ~ Z O_ ~ - O_ H Z ~ ~ W J ~ J O_ d O J O_ J O ~ W U ~ ~ z z p - z z z z p - F- Q W F- 0 1- J a W Z J w O f- X X E- O F- O ~ O E Q Q ~ Q Q Q Q ~ Z ~ ~ ~ w v Q > O ~ ~ O ~ O ~ ~ J Cn o m m m m m m w ~ m ~ » Q a ~ a a ly '~ .~ V O Q ~~ ' Cattail Branch Mitigation Plan City of Clinton ' 7.2 Declaration of Restrictions The City of Clinton will place a Declaration of Restrictions on the restored section of Cattail Branch and lands adjacent to Cattail Branch. The Restrictions will be on lands approximately 50 ' feet from the top of both banks. The Restrictions will require exclusion of buildings, impervious areas, vegetation removal, or other detrimental actions to the restored stream and riparian buffer that fall within the area described in the Restrictions. All properties that are adjacent to the area ' to be restored are currently owned by the City of Clinton, therefore no negotiations with private or corporate landowners will be required. Personnel with the City have approved the restoration of Cattail Branch and approved placing the Restrictions on said lands in perpetuity. A depiction of ' the proposed boundary for the Restrictions and adjacent property boundaries is shown in Appendix A, Figure 5. 7.3 Sediment Analysis ' The primary goal of this project is to construct a stable channel on Cattail Branch that will transport its sediment and flow such that, over time, the channel neither aggrades nor degrades. ' Stability is achieved when the sediment input to the design reach equals the sediment output. One of the primary functions of determining the capacity of the channel to transport its sediment load is stream power. Below is a discussion of both sediment concentration and stream power ' and their relation to stability in the design. Sediment Concentration The Engelund-Hansen function was used to analyze sediment transport capacity through the designed channel. The basic principal of the Engelund-Hansen function is to determine if sediment input to the design stream equals the sediment output from the design stream. If sediment input equals or is adequately close to sediment output then the channel is considered a stable channel in equilibrium. Below is the Enguland-Hansen function: g=0.535D'~2S3~zVQ/d ' where; g =sediment discharge (Ibs/s) ' D =water depth (ft) S =channel slope (ft/ft) V =average velocity (ft/s) ' Q =discharge (cubic ft/s) d =median particle diameter of stream bed material (ft) Stable reference reaches at off-site locations had to be Used for sediment input calculations since the existing stream channel is unstable. The reference reach used (UT to Ironhill Branch) had the same stream type and similar slope, when compared to the design channel, so that accurate comparisons could be made. Astable reference reach can be used because the sediment input ' is in balance with sediment output over geologic time. In most cases, the bankfull discharge of a reference reach is different from that of the design reach so, instead of using sediment discharge (Ibs/s) for the comparison, sediment concentration (Ibs/ft3) is used in the analysis because the function of discharge is set equal per cubic foot (ft3). Below is the equation for sediment concentration: a KO & ASSOCIATES, P. C. $ Consullen~, En~inrers Cattail Branch Mitigation Plan City of Clinton SC = g/Q where; SC =sediment concentration (Ibs/ft3) g =sediment discharge (Ibs/s) Q =discharge (ft3/s) ' The sediment concentration input and output for the UT to Ironhill Branch is in equilibrium and is equal to 0.05 Ibs/ft3. The sediment output for the proposed design of Cattail Branch is 0.04 Ibs/ft3. The proposed design sediment concentration is similar to the reference reach sediment ' concentration, therefore the design channel is considered stable and in equilibrium. Stream Power A stream power analysis was used as a tool to study the capacity of the design channel to transport its sediment load. To determine if the restoration design stream power will adequately convey sediment loads, analyses of reference stream power and proposed conditions (design) ' stream power was completed. The UT to Ironhill Branch has a unit stream power of 0.12 Ibs/ft s. As previously stated, the UT to Ironhill Branch is a stable channel that is in equilibrium and adequately conveys it sediment load, ' so it can be assumed that Ironhill Branch's unit stream power is adequate to transport its sediment load. The Cattail Branch design displays a unit stream power of 0.13 Ibs/ft s which corresponds closely to the UT to Ironhill Branch's unit stream power. Using the UT to Ironhill as ' a reference, it is determined that the Cattail Branch design has an adequate capacity to transport its sediment load. ' 7.4 HEC-12AS Analysis Given that the project involves modifications to a stream channel, it is important to analyze the effect of these changes on flood elevations. Floodwater elevations were analyzed using HEC- ' RAS. HEC-RAS is a software package designed to perform one-dimensional, steady flow, analysis of water surface profiles for a network of natural and constructed channels. ' HEC-RAS uses two equations, energy and/or momentum, depending upon the water surface profile. The model is based on the energy equation. The energy losses are evaluated by friction (Manning's equation) and contraction/expansion (coefficient multiplied by the change in velocity ' head). The momentum equation is used in situations where the water surface profile rapidly varies, such as hydraulic jumps and stream junctions. Backwater analysis was performed for the existing and proposed conditions for both bankfull and 100-year discharges. In addition to steady flow data, geometric data is also required to run HEC- RAS. Geometric data consists of establishing the connectivity of the river system, which includes cross-section data, reach lengths, energy loss coefficients (friction losses, contraction, and ' expansion losses), and stream junction information. Bankfull Discharge Analysis Discharge rates for the design have been evaluated with data obtained from onsite conditions and compared with Hydraulic Geometry Relationships for Rural North Carolina Coastal Plain Streams [regional curve] (Doll et al. 2006). The bankfull discharge for Cattail Branch within the Site was determined to be 22 ft3. The existing and proposed geometries were evaluated at the a KO & ASSOCIATES, P. C. 9 ' , Cwisnlting Engineers ' Cattail Branch Mitigation Plan City of Clinton ' bankfull discharge rates using HEC-RAS (USAGE 2004). The analysis supports the field identification of the existing bankfull area within a close approximation and confirms the proposed channel will adequately carry the discharge at bankfull stage. No-Rise Analyses were performed for the existing and proposed conditions for the bankfull and 100-year discharges. Geometric data and steady flow data are both required to run HEC-RAS. The 100- ' year discharges were determined using the USGS Coastal Plain Rural Regression Equations (USGS et al. 1996). The bankfull discharge was determined using onsite indicators. Geometric data consists of establishing the connectivity of the river system. Such data includes: cross-sectional data, reach lengths, energy loss coefficients (friction losses, contraction and expansion losses), and stream junction information. The analysis indicates that the proposed channel geometry would not increase the 100-year flood elevations outside of the project area. ' 8.0 STRUCTURES AND CHANNEL PLUGS A number of different structures will be used to control grade, stabilize the pattern, profile and ' dimension, and enhance aquatic habitat. These structures will include log cross vane-rootwad combinations, log vanes, rootwads, and floodplain interceptors. Some boulders will be used for grade control, but the use of boulders will be minimized because the project is in a sandbed system and the closest rock quary will be a considerable distance from the site. Some woody ' materials for structures will come from on-site, but the majority of woody material will be obtained from off-site. ' Cross vanes direct the flow away from the stream banks towards the middle of the channel (Rosgen, 2002). This structure creates a scour pool below, while maintaining the grade for the upstream portion. Rock cross vanes will be used at the top and bottom of the Site and at drop ' structures where a stable grade control point is required. These structures will imitate many of the natural drops, such as large roots crossing the channel that act as grade stabilization in naturally stable streams. ' Log vanes will be used to direct the flow away from the bank and toward the center of the channel. Log vanes will be used to introduce woody material into the channel to provide habitat and a food source for aquatic life. Without this introduction it would be many years before the planted saplings would be able to provide the stream with this habitat feature. Rootwads will be used in the channel for habitat enhancement, pool development, and bank ' protection. Rootwads are a good source for introducing woody material back into the stream channel which provides both cover and a food source to aquatic fauna. Rootwads enhance the development of pools when placed in outside bends by creating a downwell of water during high flows, which leads to bed scour and pool formation. Rootwads also act as temporary hardening ' structures which help to secure the bank that it is placed on during high flows. Floodplain interceptors will be used where wet seeps intersect the channel. A floodplain ' interceptor uses riprap, filter fabric and vegetative plantings to stabilize banks where sheet flow enters the stream. a KO do ASSOCIATES, P. G 10 ' , Consulting Engnreers 1 1 1 Cattail Branch Mitigation Plan City of Clinton Channel plugs will be used where the proposed channel intersects the existing channel. The plug will be composed of impervious select material that will deter channel avulsions and bank failures. 9.0 PLANTING PLAN/RIPARIAN BUFFER Seeding, mulching, live staking, and vegetation planting will be utilized to stabilize the restored streambanks and buffer. All disturbed areas will be seeded with anon-invasive grass species and either mulched or matted. Biodegradable matting will provide immediate protection for the streambanks against shear stress while the plantings develop a root mass. In time, the plantings will replace the matting in providing stability. Plantings will be used for streambank stabilization and buffer establishment and will eventually provide shade and wildlife habitat along the restored stream. Plantings will quickly develop a root mass and help protect streambanks and floodplains from erosive forces while absorbing nutrients. Plantings will be established within the entire easement area. Restoration of floodplain, terrace, 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. Community associations that will be utilized to develop primary plant community associations include 1) Coastal Plain Levee Forest (Brownwater subtype), 2) Coastal Plain Bottomland Hardwood Forest, and 3)stream-side assemblage (Appendix A, Figure 6). Planting elements are listed below. Coastal Plain Levee Forest 1. River birch (Betula nigra) 2. Slippery elm (Ulmus rubra) 3. Winged elm (Ulmus alata) 4. Pignut hickory (Carya glabra) 5. Mockernut hickory (Carya tomentosa) 6. Southern red oak (Quercus falcata var. falcata) 7. Water oak (Quercus nigra) 8. Ironwood (Carpinus caroliniana) 9. Sassafras (Sassafras albidum) 10. Black cherry (Prunus serotina) a KO & ASSOCIATES, P. C. 11 Considlin~,~En~;incc~•s Cattail Branch Mitigation Plan City of Clinton ' Coastal Plain Bottomland Hardwood Forest 1. Lauri oak (Quercus laurifolia) 2. Willow oak (Quercus phellos) 3. Water oak (Quercus nigra) 4. Swamp chestnut oak (Quercus michauxii) 5. Green ash (Fraxinus pennsylvanica) ' 6. Shagbark hickory (Carya ousts) 7. Bitternut hickory (Carya cordiformis) 8. Water hickory (Carya aquatics) ' 9. Black walnut (Juglans nigra) 10. Sugarberry (Celtis laevigata) 11. American elm (Ulmus americans) 12. Musclewood (Carpinus caroliniana) 13. Possum haw (Ilex decidua) Stream-Side Assemblage 1. Black willow (Salix nigra) 2. Silky dogwood (Corpus amomum) ' 3. Buttonbush (Cephalanthus occidentalis) 4. Elderberry (Sambucus canadensis) 5. Tag alder (Alnus serrulata) ' The Coastal Plain Levee Forest is targeted for areas of the Site which are located on the terrace and terrace side slope. These species were selected due to their ability to withstand drought conditions, due to the well-drained sandy soils present within the Site, as well as tolerate ' moderate amounts of moisture. These species will be planted as bare roots. The Coastal Plain Bottomwood Hardwood Forest is targeted for the excavated floodplain. These species were selected for their ability to withstand floodflows and live in conditions of peridoc saturation. These species will be planted as bare roots. ' The Stream-Side Assemblage is targeted for the stream banks along Cattail Branch. Trees and shrubs in the Stream-Side Assemblage 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. These species will be planted as live stakes. Species selected for planting will be dependent upon availability of local seedling sources. 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. a KO & ASSOCIATES, P. C. 12 ' , Cwrsulling Engineers ' Cattail Branch Mitigation Plan City of Clinton 10.0 MONITORING PLAN 10.1 Stream and Vegetation Monitoring ' The stability of the stream channel and riparian buffer plantings will be monitored annually for at least five years or until success criteria are satisfied. Monitoring protocols will be based upon the Stream Mitigation Guidelines (USAGE et al., 2003) and will include photo documentation, ' channel stability analysis, plant survival, and ecological function of the restored stream. The Site will be visually inspected after construction and planting. An "as-built" report will be provided to the permitting agencies within 90 days of completion of all restoration activities. The "as-built" will include final plan view, species composition and numbers, and photograph reference points. The following are specifics of monitoring protocols that will be followed for the Site. Representative cross-sections will be taken from one (1) riffle and one (1) pool. The monitoring ' protocol calls for cross-sections at least every 20 bankfull widths, but Cattail Branch is not 20 bankfull widths in length so the above cross-sections will be completed. A profile will be completed on the entire length of restored stream. The profile will include at a minimum thalweg, ' water surface, bankfull, and structure locations. A pebble count will not be completed because the channel has a sand substrate, and channel coarsening is not anticipated. Photo documentation will be completed for the entire section of channel to document changing conditions. Because the easement area is very small (0.43 acres) it is proposed that one vegetation monitoring plot be completed. The plot will be 10 meters by 10 meters in dimension and will span each vegetation planting zone. A monitoring report will be prepared annually for submission to regulatory agencies. The report will address stream stability and vegetative success aspects of the project. If remedial action is required, it will be identified in the report and implemented as soon as practical. r 10.2 Stream and Vegetation Success Criteria Stream Success Criteria Success criteria for stream restoration will be based upon criteria established in the 2003 Stream Mitigation Guidelines (USAGE et al.), but 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 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 should characterize a C type or borderline E-/C-type channel, bank-height ratios indicative of a stable or moderately unstable channel, and 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. The field indicator of bankfull will be described in each monitoring year and indicated on a representative channel cross-section figure. If the stream channel is down-cutting or the channel width is enlarging due to bank erosion, additional bank or slope stabilization methods will be employed. Stream substrate is not expected to coarsen over time; therefore, pebble counts are not proposed as part of the stream success criteria. a KO & ASSOCIATES, P. C. 13 Cwtstr!litrg ln~;ineers [~ Cattail Branch Mitigation Plan City of Clinton Visual assessment of in-stream 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. A crest gauge will be installed on-site to document stream flows. Per Stream Mitigation Guidelines, it is required that the design channel experience a minimum of two (2) bankfull events within the five year monitoring period. Vegetation Success Criteria Success criteria for vegetation will be based upon criteria established in the 2003 Stream Mitigation Guidelines (USAGE et al.), 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 "Character Tree Species." Character Tree Species include planted species along with species identified through visual inventory of an approved reference (relatively undisturbed) forest community used to orient the Site design. All canopy tree species planted and identified in the reference forest will be utilized to define "Character Tree Species" as termed in the success criteria. t An average density of 320 stems per acre of Character Tree Species must be surviving in the first three monitoring years. Subsequently, 290 Character Tree Species per acre must be surviving in year 4 and 260 Character Tree Species per acre in year 5. ' 10.3 Stream and Vegetation Contingency 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, and 2) bank erosion. 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 and No.57 stone. ' 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. 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. a KO cYc ASSOCIATES, P.C. 14 ' , Construing Engineers Cattail Branch Mitigation Plan City of Clinton Vegetation Contingency If vegetation success criteria are not achieved based on average density calculations from the monitoring plot 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. 11.0 Scheduling and Reporting A tentative phasing schedule for the proposed project is presented below; certain tasks may be dependant on seasonal conditions. Tahlp 3_ Prnipr_t Sr_hpdule Task Start Date Duration End Date Construction Jul 2, 2007 1 Week Jul 6, 2007 Plantin of Riparian Buffer December 3, 2007 1 Week December 7, 2007 As-built Surve December 10, 2007 1 Week December 14, 2007 Submit As-built Surve to USACE December 17, 2007 1 Week December 21, 2007 Monitorin Year 1 Re ort June 30, 2008 25 Weeks December 31, 2008 Monitorin Year 2 Re ort June 29, 2009 25 Weeks December 30, 2009 Monitorin Year 3 Re ort June 28, 2010 25 Weeks December 29, 2010 Monitorin Year 4 Re ort June 27, 2011 25 Weeks December 28, 2011 Monitorin Year 5 Report June 26, 2012 25 Weeks December 26, 2012 a KO & ASSOCIATES, P. C. 15 Constdting Engineers Cattail Branch Mitigation Plan City of Clinton 12.0 REFERENCES NCDWQ. 1999. Internal Guidance Manual, NC Division of Water Quality Stream Classification Method, Version 2.0. North Carolina Department of Environment and Natural Resources, Division of Water Quality. Raleigh, NC. 1 NCDWQ. 2001. Internal Technical Guide for Stream Work in North Carolina. North Carolina Department of Environmental and Natural Resources, Division of Water Quality, Raleigh, NC. NCDWQ. 2004. North Carolina Waterbodies Reports. Basinwide Information Management System, North Carolina Division of Water Quality, North Carolina Department of Environmental and Natural Resources. http~//h2o enr.state.nc.us/bims/reports/basinsandwaterbodies/hydroCapeFear.pdf Rosgen, David L. 2002. The Cross vane, W-Weir, and J-hook Vane Structures...Their Description, Design, and Application for Stream Stabilization and River Restoration. ' Proceedings from the American Society of Civil Engineers. Rosgen, David L. 1997. A Geomorphological Approach to Restoration of Incised Rivers. Proceedings of the conference on Management of Landscapes Disturbed by Channel Incision. Rosgen, David L. 1996. Applied River Morphology. Wildland Hydrology, Pagosa Springs ' Colorado. USACE, USEPA, NCWRC, NCDWQ. 2003. Stream Mitigation Guidelines. ' USDA, 1985. Soil Survey of Sampson County, North Carolina. USGS. Clinton North Quadrangle, North Carolina, 7.5 Minute Series (Topographic). 1986. Denver Colorado or Reston, Virginia. USGS. Clinton South Quadrangle, North Carolina, 7.5 Minute Series (Topographic). 1986. Denver Colorado or Reston, Virginia. 1 a KO & ASSOCIATES, P.C 16 ConsuNing Engineers 1 1 1 1 1 ~~ A APPENDIX A: FIGURES 1 Sampson County North Carolina STUDY 1352 \~~ Clinton 1835 j ~~ 1834 1870 ~'~ ~ 1356 --- ~~ 1749 I'_6!~='~ _ -_ 1311 1 53 ~, ~ ~~ i - i___ 70~ --~ i ~' ~~ ~ 1839 0~ _• ~, \\ O ••~.- /~~y~ ~ 1838 .; 1 ~~ \~ f \ _ ~ ~ '~0~~ _ / 1852 ~ ~~ /~~ ~. ~ 1 ~ ~_ __ 52 ~d= 1 ~ ~~ 1851 1 6 5 ~~ \1314 / poi ~,\ 1281 / 1231 2a \ ~~ ~ ` _ 1 1277 24 1229 --~~~` ~- - ~ 1287 ~'~ i ~~\ 1275 •~• -~~ G~~~\ 24 ~ City ~ ~?~ 1782 ~ ~ 1751 1753 j~ ~ ~ ~ ~ - i i3 i \'i i i - j 403 J _,-- •~ I ~• 1855 12 1231 1751 24 1 o Zooo 300o V1Clnlty Map FEET Mitigation Plan of Cattail Branch ~ KO ~' ASSOCIATES, P.C. sampson county, North caroling. Consulting Engineers Date: 02/1407 F' ure 1 loll SCHAUB DR., SUITB #202 RALBIGH, N.C. 17606 (919) 85]-6066 CLINTON NORTH USGS TOPOGRAPHIC MAP, 1986 CI.IN'TON SOUTH USGS TOPOGRAPHIC MAP, 1986 II o iooo aooo / KO ~ ASSOCIATES, P.C. Consulting Engineers 1011 SCHAUB DR., SUITE #202 RALEIGH, N. C. 27606 (919) 851-6066 USGS Topographic Map Mitigation Plan of Cattail Branch Sampson County, North Carolina Date: 02/14/07 Figure 2 STUDY AREA P m .' 1 1 1 END SON Sta 11 +~~ N = 4~~t E = 2,2b ELEV = 1 ~~~ LIMITS OF F is ~ q ~. `, ~~ ~ ~ CONSTRUCTION ~ T~~ ~'~FN~ `;~ ~ ~ PRO,pOSED ~ , ~ '1 ~ BAN>EFULL ; ~`, ,, , _f ~ .~ `~ ~ RECREATIONAL PARK `, ,~ ~,, , ., .,,\ ~~`~\. ~ LOG VANE ~ \ - a ~ `~ , ~ > > ~~ ~~ ~.. ~ ~ ,, , ~_. E ~ ~ .~ `~ _ f, ~ A `~ '~ ' `,ELEV i .. / \`~ / ` ~m / `~ w / ~ i ~ \`~ ~~00.00 45~,465.620,~ `~,2,202,tO8,9~'33 ~, 126.77 ~~ ~\ MITIGATION %AN UTTAIL BRANCH `"'""' SAMPSON RVS ~~ RKW ~'~ 7A497 ~ KO & ASSOCIATES, P.C, Figure 3 PROPOSED AND EXISTING CONDITIONS a ,a~~~°~:°0.` $~E° ~Br~ ~,. ~~ ~~~ `~ ~ \ 12.5 0 25 ~ \ `~ I \ I II '`~ i ~~ SCALE ' ~~\ 1, `~ ~ `~ l ~ ~ 1 `~ ~ / ., ~ \\ , \ \ K \ 1 ~~~o ~ xo & nssoclaTES, P,c. Figure 4 PROPOSED LONGI TUDINAL PR OFILE a consulting Engineers eau emw~e oa. sane 7m wrmx.n.c rna ~A-~ -i ~ -;_ -~ -- -_~-~. SLOPE BETWEEN DROP 1320 S = 0 % PROFILE SCALE „ , -- -~-- -- . _ HORIZONTAL 1 -50 ~ ~ ~ f ~ ~ It VERTICAL 1"=10' j -~ `. ~ _ - _~ - , I T ~ - END CATTAI L BRA NCH t- I - ~ u ~ - . - r ~ -,. _' -- ~ ' ~_ ~ ~ ~-~~ ~r I , ~ ~ t , STA 11 +66. 66 ; ' II i r ELEV = 12 6 549 I; I,4 ~ -' ~f _ ,- _ _ - _ ' . ~. _ __ 1 I ~ ,_ ~ . 140 _ ~ I i 11I _ 111 I ~ I EXISTIN G GROUND ~ i ~ f i_ ~ ~ I BEGIN CA TTAIL BRANCH 140 - - _ - -~' _ , ~ STA 10 + 0 0.00 0 ALON ~ G THALWEG ~ o ~ ~ _ - - , ~~ ~ - '~ ; -- ; _ ~ i . ~ _ - - ! __, - - - ELEV = 1 26 77 N ~ - ~ ' ~ - i 11', - . + ° r ~ .~,} I ~ -, I_~~ ~ - ~ = ~ EXISTI ARCH NG 6.4' x 9.5' CULVERT ~ ~ - I I T ' 130 ~ ~ ~, -~ : ! - +- ~ S W ' l.l BU ( RIED ~ 1 - - }~ ~ ~ , - ----------- - - - _ + - ---- - - - 130 ~ ~ I ~ -' 1 ~ ~ ~ r-` ~r - - - ~ i j - ,- ~ I` i _ i L . ,_ _- ___ - ~_ ~- _r _ . T _ -.- _ ._ } 120 ~ -~ ~- I I ' - ~ -1 '~ 1 i ~ ~ 120 - - - ~ - - ~- T ~ ._ PROPOSED BANKFULL G RADELI NE - --., ' I ` _ ~ _ i __ ~ . - ; I PR OPOSED THA LWEG INVERT r -- - - _ 10 11 12 ~~ r PIPE ~~/ ~` ~,~%/ v ' ~~/~ ~a '; ~ ~/ ~~ ~~ / ~. ~~ ~'i ~~ ~~ ,' i r' i ~ ~ ~~ ~ i a ' ~~, ~ ~ a m r a \'` - `~ ~,~~ 1, N~ ~ ~~i -- l,i,~ }, .1 - ~ -~ ~ ~--~-~~ -~-;~~ CROSS-SECTION SCALE HORIZONTAL 1"=20' '1 '- ~ , ; VERTICAL 1"=20' ~. , ~ i° _ PRO POSE D CRO SS -SE CTIO N ~- ~ ~~ _ ~_ 1 - ~: - }- - i{ ~ i _ ~. - - ~~ - - - ' - - - __ i-_ ~ = -~ EXIS TING GROUND - - _, , _T -- -- - - - ---- -----_ r---- -- ----- - ---- ------- ~-'~----- ~ \`~--- ~ ~ ~ r i . ~ ~ ~ i, STA 11 +16 ~~ -- -- PROPOSED GROUND . - .._- . __ --. .- ~ I --. ~ ~ ~ - .- ' - I I ~ II ~ _ _ I i ~ ~_ 1- - - ~ CR OSS - SECTIO N -~- ~ ~_' I ~ _ _ ~ _ _ _ ~, I_I SECTIO N A-A _ ~ ~ ._ ~ I ~~ ~,-~ ~~'. 120 1~~0~ CROSS -SECTION LOCATION o~-~~,~o ~r E a m d N ~\ r \ I ~' I ~ I ~ I ~ ~ I, ~ ~/ ~~~ ~ :.'RAIL ~ ~ ~~ ~ SE~'ER~~NE ----- ~ ~ ~ ~ ~~ M~~, LAND / ~ ~ ~ ~ G_ ~ DrVELOPI~EQIT, INC. / ~~ ~~ `~~ ''~ ~ ~~ D,B, 1334 PG. ~~~ i ` ~ ~~.~ ~ ~ ~ ~ \ ~ ` / / ~ ~ ~ ~ ~~ , / ~ `.i _ / ~~ ~~~~ ~~ MITIGATION PLW t i `.~ ~, ~ \ urru~ eaANCa ~~ ~ CV", i ~~ ~ ._ - / ~~ A RVS ~. ~~ RKW ~~ b1b07 THIS AREA IS OWNED BY THE CITY OF CLINTON BU7 HAS BEEN LEASED TO COUNTY OF SAMPSON D.B. 1554 PG. 829 KO & ASSOCIATES, P.G. Consulting Engineers lou sauce ox, surer am xurmw n,c~nem 1~9) &S~t066 12.5 0 25 SCALE Figure 5 _~ ~~ ~ ~~ 1 ~ ~ ~~ ~ C~TY OF CLINT01•J ~~~ i~ ~ ~~~~ ~~~ ~~8. 8~4 PG. 281 re ~~~ ~, ~~ '~ ~ PROPOSED ~~~FR ~~ 'aND TRacT .~ r \ 95 ,' ~~ ~ EASEMENT LINE ~ ~ s,, ~ ~, ~~ ~ ~ ~F~ ~ ~ ~ vl ~ ~ ~ ~'. ~, `F~ ~ ; i,'`, . ~~ ~~ / ,:~ ~ l ~ Fa~`, ~ l -~ `~i ~i~` ~ ~ ~- ,, - ~~ F~'l ~ . '•i. ~~ ~ ~ -, '~ ~\,/ ~; ~~ ;UARD RAIL ~ ~ a ~ ~____ ~ ~ ~~, ~ , / ~ ~ '~~ ~ ~ '_~ ~ ~` ,i r j ~' ~ ~ ~ 1 ~ / ~ ~ ~ _ 1 / `~ t ~` ~ ~~ ~~~ ~/~~, ~~ ~ `~ '~~~~ CITY OF CLINTON ~~~ ~~ ~~5~ - \~~ ~J~ i \ ~~ D.B. 531 PG, 565 ~ ~ ~, ~' ~ ~ ~~ D.B, 874 PG. 281 ~~ ~~ ~Q. i `~ ~~~ FIRST TRACT ~~ ~ ~ ~~ E~hS,TING `~~ ~~~~~ `~ `~ ~~ CHANIJEL `~\ `~\ `~\ I ~ ~ ~ ~\ ~ `. / N ~ ~ ~ ~ ~ ~~ `~ ~`~ `~ 1 / ~ ~ ,;% ~~C~IZY OF CLINTON `~ A~ CITY OF CLINTON ~ ~~ ' '`~ ~ ~~ ~~ `. D.B. 779 PG. 647 ~ ~a~' S~, ,, ~ D.8.~~6,~ PG. 100 ~ ~ ,~' '~',~ ;.., ~~ D.B. 1500 Pfi<.~75 ~~~ `~;~ D,B. 909 PG. 393 ~ ~- ' ~~ ~~ ~'' ~ % ~ ~ ~~ ~ i ',~ ~ \ ~~ ~. ~', PROPOSED - ~~ ~ ~ t ~~ ~ ~~ I 'i ;; ~ ~ EASEMENT LINE ~ ~ ' ~ i ; j ~5 ~.-~ U .~ ,. ~ V ~ I~I ~~ ~% ~~ ~`~ ~~ ~~ 4 , -, ~ ~ ~ ~ i % / y. ~ i o ~~ DR. TIMOTHY M. ~x;=' ~ _ ~, ( ~ ~~ ~ KOSTERMAN -~- --~-- ~' PF Ii ~ ~~ ~ -- D.B, 1456 PG. 683 c ~, '' P~JWEP UNE_ _.-'~ I 7 ~ ~~ ~~ ~~ ~~ ~ ~~lNSGDS ~ ~ ;~ ~ ~ ~ ~~ ~ ~ ~ --- ~ ~' ~ i ~~ `~ `, ~~ i i A ~,_ ~ ~ ~ ~ i PROPOSED EASEMENT ~r PI PLANTING PLAN ~ , ~ ,~-~ \\ i V ~ ~X 3" PIPE ~ ~\ ~% CUARD RAID ,~ ` ` ` ~ /~ ', ~~ ~ v i ~~~- ,~ ~/ ~ ,~; ~~ FT~, Q~ ~~ ~ ~ Q~`'~ END CONSTRUCTION ~~`~~., I Sta 11 + 66.66 N = 456,582.9562 E = 2,202,512.3647 ELEV = 126.55 ~Ah~ ~A~~ ~~ h" WATER LINE ~ ~~~~ ~~ I q 0 E ~A 3~ ,, ,, / ~~~~ ~ \ ~~~ ~~~ ~, \ PROPOSED - ;;'~ EASEMENT LINE ~~~ T GDY ~~- POWEP, UNE`, PF CINDtR BLOCk ~i a niti~c - 0.04 ACRES - 0.28 ACRES - 0.11 ACRES LEGEND ASSEMBLAGE ~ COASTAL PLAIN LEVEE FOREST COASTAL PLAIN BOTTOMLAND HARDWOODS r0 ~ \ qv,,, G~~~sn, V,~~,,. ~~ \~~' ~` ~sT ~. ~~ ~o ~~ G j ' \~s, =~~' ~`"" STREAMSIDE ASSEMBLAGE ~y ~. , ,~ , PROPOSED EASEMENT LINE . ~~ ,~~~ ~T~Nc ~~\ ~G, F~y~~ ~~~ ~ ~~ ~, ~~ , ~F ~; ~ ~ ~~~~Fi ~: ~~~'S T\ ~~ ,. ,,. ~ ~~ COASTAL PLAIN LEVEE FOREST ,, ,, ,, ,, 2 A" ice ~ \ `~ ,1 COASTAL PLAIN BOTTOMLAND ,~' HARDWOODS `~ BEGIN CONSTRUCTIC Sta 10 + 00.00 N = 456,465.6202 ~; ~ ' E = 2,202,608.9933 ELEV = 126.77 ' APPENDIX B: CATTAIL BRANCH SUPPORTING DOCUMENTATION 1 Olo -12,10 ' North Carolina Division of Water Quality -Stream Identification Form; Version 3.1 Date: ~/Z7~~ Project: ~~,'~~z,K~,~ Latitude: - O35° pp~ 13.~y Evaluator: G„~~j~,{~ Site:~~[tr~t-;v~ ~~~Vt~'i` Longitude: O7 $° ~q/ 3Z3`f~ Total Points: other Stream is at least intermittent Coun ty~ ~tM 5~~ ~I'n-~on IVor~ if z 19 or erennial if ~ 30 ~ e. g. Quad Name: , ~ A. Geomorphology (Subtotal =~_~j__ _ ~ Absent Weak Moderate Strong e i 1. Continuous bed and bank I 0 1 2 ± 3 _. --- -- -~ - __ . ~ .Y.._..._.. ~.__._ 2 _.~ h nnel structure: riffle-pool sequence I 0 - ~ j ~ ~ 3 4 Soil texture or stream substrate sorting ! 0 _ 1 _ _ j ~ • 3 ~ 5 Active/relic floodplain 0 1 I 2 :. 3 I ~ 6. Depositional bars or benches 7. Braided channel s~ j 0 1 I--~ 1 - ; 2 t 3 ~ 3 ~ 8. Recent alluvial deposits - --- - 9 aNatural levees - -- - - ~ __ 0 - _ ~ 0 1 _. . _ _-- - - 1 2 - -- - 2 - _ Q_. ; 3 110 Headcuts 11. Grade controls 0 i 0 1 0.5 i 2 ~ 1.5 ---- 12. Natural valley or drainageway 0 0 5 - 1 i 1.5 13. Second or greater order channel on existin ', USGS or NRCS map or other documented ~ No = 0 I Yes = 3 evidence. ' a Man-made ditches are not rated; see discussions in manual B._Hydrology (Subtotal = +I.S ) 14. Groundwater flow/discharge ----- - I 0 1 --- 2 3 ', 15. Water in channel and > 48 hrs since rain, or Water in channel --dry or growing season ---- - - - - 16 Leaflitter __ _ I ~ 0 I i ---~ ~ 1.5 - 1 1 _ ~~ ' 2 0.5 __ ~_ - { I _... _ - 17 Sediment on plants or debris . I 0 .5 - _ -- 1 1 1.5 i 18. Organic debris lines or piles (Wrack lines) ~-_- _ ~ 0 i 0.5 -_- ~- - _ __ _..__ ~ 1 ~ 1.5 ' 19. Hydric soils (redoximorphic features) present? I No = 0 ' Yes = 1.5 Q C Biology (Subtotal = I } 20°. Fibrous roots in channel __ _ _ ---- ----------- __ __ __ __._ 21°. Rooted plants in channel j 2 __ _ ___ 2 -- ~ _ ~ --- 1 _ t 1 ~ 0 0 22 Crayfish . _-__ ___ ~ 0.5 r 1 ~ 1.5 j 23 Bivalves -- - ---- - 0 1 ' _ 2 3 24. Fish -- - 0 --- --- - - .5 ~ ( 1 1.5 25. Amphibians I -"---- ------..__. ___.._.. _i -._...--- _...__ - -- ~ 0.5 ~ .. _. _. _.------i--- __ 1 ....._ - 1 5 ~ 26. Macrobenthos (note diversity and abundance) __ ~ ~ 0 __ - 0.5 ~ ~ _ 1 1 _ 1 5 _ 27. Filamentous algae; periphyton ~- ~ -- ~ 28. Iron oxidizing bacteria/fungus. s --- - -- - __ _ 1 S 0.5 -i---- ~ -~_ 2 1 ~ i _ - 3 -; 1.5 ' 29 b. Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL = 1.5 - -- SAV = 2.0; Other = 0 - items 20 and 21 focus on the presence of upland plants, Item 29 focuses on the presence of aquatic or wetland plants. Sketch: Notes' (use back side of this form for additional notes.) ~ ~ .-~ ,~., 7 ''4~'i r. .t Z''. ~i. ~ ~. ~f .~ Y" f -~'ZLrL. E ._.~ ~;y u :.~.~ 1 -fir` .. 1 ~ ~ 4~. ' r V 1. L ., ~ +~ ~t~ ~ a., i_ ~, ~~ -'t iE.T I f~y:E. _ _ ~ .,1 "1""r~^ ~"+~7 e"'~ s~.~F~c'~.. ! ?.i.. .ice! ~' t ~~M i.,Y~ t n~^y „SC ~4 'a y C~i,p ~.~ ~ ~ e Y a Cattail Branch looking off right bank at playground equipment in abandoned floodplain. T~Cattail Branch looking downstream from Pedestrian Bridge. .. dAY~+} ~r.1+~~~; ~ e 1. ..,. .. a ti' ~x ""' ti~K r ~~ ~ ~y ~ .4_.11 + ~ I ! ~ if . .1 !.?. _ Cattail Branch looking upstream from C~ilvert at F fisher Drive. .;:t ,~ 4 S r ..~ .' .. t ±~f -~ d'am` ' ,~ ~.. _ ,~ f . ~~, ~ 11 ~ ' \ ~' ' ~ ~ ~ aa~; r "rall\~ Ri~~y~yy~~,, ~Aa~._i 'S'ty, „~^~ ,~, . fi ~ ' r`' L ' .... ye . . W h ~~~` y ' ; y.1.1 d"g f ~ _~ ~ ~ ~ Y~ A 1~A~~ ~ ~ ' , „ 'A i_ t~~. i~l^ A ". ., ~ b~~. fi j. ~ r~ ~. z cd r ~ : • 5y i... ., ,~.M~aigT'1_ .,.. ll~y~ :; ~.~. ,~ ~If i< r~ t Y~ 4 .:'. ~ "~. r I~ _P 1. L~Q Y ~.y. F ~, 1 ~` ~ ~. Y !_ 7 t. ~~~ 's~ Cattail Branch looking upstream at culvert under Fisher Drive. APPENDIX C: UT TO IRONHILL BRANCH SUPPORTING DOCUMENTATION 1 1 1 1 1 1 1 1 NCDWO Stream Classification Form S500 Project Name: Ironhill Branch River Basin: Lumber County: Columbus Evaluators: R. Smith N. Daly, K. McKeithan DWQ Project Number: N/A Nearest Named Stream: Ironhill Branch Latitude: 34°07'33.] 8" Signature: Date: 2/20/03 USGS QUAD: Tabor City East Longitude: 78°48'55.13"W Location/Directions: UT to Ironhill Branch located West of SR 1131 *PLEASE NOTE: If evaluator and landowner agree that the feature is a man-made ditch, then use of this form is not necessary. Also, if in the best professional judgement of the evaluator, the feature is a man-made ditch and not a modified natural stream-this rating system should not be used* Primary Field Indicators: (Circle One Number Per Line) I Geomorpholoey Absent Weak Moderate Strong 1) Is There ARiffle-Pool Sequences 0 1 2 3 2) Is The USDA Texture In Streambed Different From Surrounding Ten-ain~ 0 1 2 3 3) Are Natural Levees Presents 0 1 2 3 4) Is The Channel Sinuous? 0 1 2 3 5) Is There An Active (Or Relic) Floodplain Presents 0 1 2 3 6) Is The Channel Braided 0 I 2 3 7) Are Recent Alluvial Deposits Presents 0 1 2 3 8) Is There A Bankfull Bench Presents 0 1 2 3 9) Is A Continuous Bed & Bank Present? 0 (*NOTE• /f Bed & Bank Caused By DitchinQAnd WITHOUT Sinuosit 1 2 y Then Score=0*) 3 10) Is A 2°8 Order Or Greater Channel (As Indicated On Tono Man And10r In Field) Present? __ Yes=3 No~I PRIMARY GEOMORPHOLOGYINDICATOR POINTS: 21 II Hvdroloev Absent Weak Moderate Strone 1) Is There A Groundwater Flow/Discharge Presents 0 1 2 PRIMARYHYDROLOGYINDICATOR POINTS: 3 III Bioloey Absent Weak Moderate Strone 1) Are Fibrous Roots Present In Streambed 3 2 1 0 2) Are Rooted Plants Present In Streambed 3 2 I 0 3 Is Peri~hyton Presents Q 1 2 3 4) Are Bivalves Present? _ 0 I 2 3 PRIMARY BIOLOGYINDICATOR POINTS: 5 ' Secondary Field Indicators: (Circle One Number Per Line) I Geomornholoev Absent Weak Moderate Strone Is There A Head Cut Present In Channeh 0 5 1 1 5 2) Is There A Grade Control Point In Channeh 0 5 1 1 5 ' 3) Does Topography Indicate A Natural Drainage Wad 0 5 1 1.5 SECONDARYGEOMORPHOLOGYINDICATOR POINTS: 2_5 II Hvdroloev Absent Weak Moderate Strone ' 1) Is This Year's (Or Last's) Leaf litter Present In Streambed 1 5 ~ 5 0 2) Is Sediment On Plants (Or Debris) Presents 0 5 1 1.5 3) Are Wrack Lines Presents 0 5 I L'S ' 4) Is Water In Channel And >48 Hrs. Since 0 .5 Last Known Rainy (*NOTE• Ditch Indicated In #9 Above Slz~ This Step And #5 Below*) 1 1.5 5) Is There Water In Channel During Dry 0 Conditions Or In Growing Season) .5 i 1.5 6) Are Hydric Soils Present In Sides Of Channel (Or In Headcut)~ Yes=1 5 No=O BECONDARYHYDROLOGYINDICATOR POINTS: 7_5 III Bioloev Absent Weak Moderate Strone 1) Are Fish Presents 0 5 I 1 5 2) Are Amphibians Presents 0 5 1 1.5 ' 3 Are AquaticTurtles Presents 0 5 1 1.5 4) Are Crayfish Presents 0 5 ~ 1 5 5) Are Macrobenthos Presents 0 5 1 15 6) Are Iron Oxidizing Bacteria/Fungus Presents 0 S 1 1 5 7) Is Filamentous Algae Presents 0 ~ 1 1 5 8) Are Wetland Plants In Streambed? N/A SAV Mostly OBL (* NOTE: If Total Absence Of All Plants In Streambed 2 As Noted Above Skip This Step UNLESS SAV Present*) Mostly FACW I 75 Mostly FAC Mostly FACU .5 0 Mostly UPL 0 SECONDARYBIOLOGYINDICATORPOINTS:6_5 TOTAL POINTS (Primary + Secondarv)= ~(If Greater Than Or Equad To 19 Points The Stream Is At Least Intermittent) Ut to lronhill Branch looking downstream. Ut to Ironhill Branch looking upstream. 1 1 ~~l ~~ APPENDIX F FIGUxES o ~ - ~ a~b ~o~l a s t ~'~~ ~ G~~~~ ~4~~t ~ plr f ~ ~ ~ ~ ~ `fie `~ ~Gj ~G3 ~ 7 ~~• Qro1e ~' ~i ~, ~~r Qa c~k 5~ 5~ Sti ~~~~ 5 ~~~~4~~~ ~~ ~~ ~~~~~ ~` ~~ ~ I ~ ~tt~o~~n St ~i c~ ~"` I I~u~~t, Tele Rtlas ~~ '~ ~ 4 FIGURE NUMBER: 1 PROJECT LOCATION MAP SOURCE: SAMPSON COUNTY GIS -- --- Cattail Branch Project PROJECT NUMBER: ENMO06 089 Butler Drive and Johnson Street Clinton, Sampson County, North Carolina ENVIRONMENTAL INVESTIGATIONS, INC. SCALE: As Shown Downstream Reach- existing piped section a G~• i r ucr~a •~ ~ ~~ ~ ~ ~ ,~ ~ 2~4~11.,~i~;c:34 ~~ .~ ~ .~'^ ~ _~ t"~~ "b~ '?. ~'Ifi5 ~> f +~ ~Y ~~' r` r ~_.~,~ °~ '~,. r ~~ ='51 f ~'~' 0~ r ,~ ~~ 4 ~`_ ~~~`"`~, ~• ' . { .-r~ - LJ Project Reach -163 ft /{ ~'~ Fyn 2~~,5~~41 l~~Vtii~~~V114~{'kY l 1 ,ti ~ ~'' f' ~y ~~~5Z~L 1 ~~F ~ ~ ;~',.~ ~ ~ ~ •;y ~ 3 '~ ~~ ~ ~~~ ~~ ~~ J_ ~' Upstream Reach - {f//~ '~~5 ~~~ open stream '1~ ` ~'r ~' k ~~ /~• 5 ~~ f~ ~r ~ ~. S~ Ins ti r-' ~~- ~'~ ,~ ~ ~, / ~ ~~~ D,D~~~F a -~ .~ ,~~~ 71~~~~.~ ~. ~' f J'r' ~, ,; ~,,'tt 6 /~` Mitigation Reach 2 - 315 ft r ~~~~ ~_~~ '"~ / ~_ ~ ~4J~~:$153'9 ~ ~ ~~~ _ O ~'~ Q ~ ~~+c; `~, rr` Mitigation Reach 1 -135 ft 2#~51 ~539~ ~'~~_~ }-~~`"~, ~~F~D52$1.3~F7 ~,~' ~f r ~~~52~,32~1 FIGURE NUMBER: 2 DRAWN BY: VAH PROJECT NUMBER: ENMO06 0689 SCALE: As Shown SITE MAP Cattail Branch Project Butler Drive and Johnson Street Clinton, North Carolina EI ENVIRONMENTAL INVESTIGATIONS, INC. a ~ x ~ U N Q oa c ~ ~ ~ ~ 2W N ' f6 o o w o ,. U 2 Z O Driveway - 401 Butler Drive I o, Asphalt-paved °o rn ~ m ~ N 'c N O ° ~, N o ~ z m o c a 2 ~ 1 U ~ a , W v ~ .a ~ ~ U ~ E ' ~ ~ i ~ ~ ~ a .. N o o ~ y ~ i ~ Q JO i ~ E O - i ~ ~ ~ o d i ~ i ~ ~ ~ ~ i ~ I 1 1 i ~ i ~ i ' i ~ i ~ i ~ i ~ ~ ~ ~ ~ ~ ~ 1 1 1 ~ 3 °m i~ d _ ~ N stir ~o x U Q W K Q D_' H N L a a d a a= N N u N W Z W~ Q F 2 ' W 2 O 2 W > '~ l0 ~ Q o m f0 U t ~~r a m o IA c o u°, Z c ~ w t ' c ... O c ~ ~ m c U >_ v • • m ~° c ~ - d o ~ 'o ~ a` m o a d U ~ w ~ 3 m m C_ U m N 2 > 2 w d m Z m ~ rc ¢ a 6 O N -/ a S 0 N f .......... . . . .......... . . ... . s wA~y~rA~r J .: ..... x ~ ...... .A ~ ~ ~~•..:: ......... : ~ ti~ ~s; ,, ,. :~:: :~PLIi7ts7~::::r- _~~: _:i~7_ _~~: :~. . .... •~ .. :: fC 'S, ~. .' : ~ ~'~ Tri .~'! L ..... . ..... ~'.. ~i L ~ .P. . ~4 L > • ~. ti~ • J ~ L Y . . ~ ,..,: ~' ....... .. : ~ r ~ . '..+ ~~ .... •4 Slw r yL *7: 1` . 1 L` ,~ ~IL 1y . A y ~•', y L1 ~1 1 (1 S ! y1. i J'+~''. ~C i - J'. A- r ~.: r}: 1 `ti ~,~ •~I f~+r. tti ~~ ~, i ~w i 1 .y, ti J .. L L 1 ..1 .. J ~; ti 4 ~'~~n. r~ f / r 4'1; '~ 5 Y v w ti ~: ~ ,4 5~• y .. {{' , J ,~. i i •~•. : 'a I rl ~ -4 :.Y{~4H.1e e~ •4 1 ti ::•f:•:i::' ... , ~::.~t ~1.. :::::::::: ti. , JJ F k t ~ a ~ ::::: ::'::.:: :ti .1• { R ~ - Nrl y i I'-III _.rl ~ rln'J ~ ~~.I' r : Iry T • IC -~+ • r n ^L 11•-~~ ''' ~.y ry V/YY~ ~ '", `'~::: :::.. „''r" '~' 1~,~,~_ .J~,,~.._~ ~1l6i,~."i.~r' -fir "ti Z,. L f,;1". :5:: ~ f : 71 ~,.~Jl}41.7 ~~i ~I til St~ J• rr ,1( JJ ~~ L ~ L ~`t. .~F.'..: v r' 11 ,1 'Li.: :: ti '7 _ ` 77!!RR 1• ~ y r' ~' ... }.. }4}~ • .... J~JJf t ~^ .~[ $ 1 I Jl JJ ~~'f fr'i -~.~TA.~~V'_'~~i ~•.• ~ 1'11. •~•'~* `•; y,~ Ir,~}16?ala 1 •'ti ~x~~~ J °~ ~ t ~ , ~ ::.... 1 J , , .... .. - ~ J J .~ :, . t s.~~~4' •Ik (~,_Ih ~ ,. ~ ,J !±,~'lr ~7u1 :l+~! 4 J ~Jr y"1.: ,L ,' {]VCG,' • • • L J ' I f l ••'. FIGURE NUMBER: 4 Soils and Topographic Map SOURCE: Sampson County GIS Cattail Branch Project PROJECT NUMBER: ENM006 0689 Butler Drive and Johnson Street Clinton, Sampson County, North Carolina SCALE: As Shown ENVIRONMENTAL INVESTIGATIONS, INC. . ~• ::::: w.. ~ ~~ :Kr:• ~. : ti- ... ti `~,~,~j~ ~.', ti ~v ~,,,r`"~ LkL .i I:.:i~ J ti r1 •• ~ • 11 .. .. _v: .Y ~yL ti Prof°Sed Pr 1 } Y4~ . IF, }ti~: °,. ~'• 4 ~i r b. Lr ::' f '.ti :.: ::~ ~:". \. - Iy~11 1 11 a I ~ 1 F ti+ 11-11 ti, FI 1 ti, ~ ~~ ' r.. .ti{~•4+. ~M,ri~~s>~k~w~Y.wdYDwe~a•~Rw.~eewYww~i1~. r~Id f~'~ {. V z ~;° - z 0 ~ ~ .r f- ;: ~ w la ? ~ > .r d Q ti ~ O 2 x ~ ~ r .r :r w a y co ~ { ~ ~ ~ .. ~ is ~ d ~ > z ~', ~.r '~'~~~-'. _ J,s-` ~7 '.~ ~ _ .ti ~ r-. r, 1. rl ~ C t r_. - -i z t "= t a r, .Nr _ rr '~1 r `~ L SI! C+ ~y..w~ ~ ~ .t YN `~~ ~ . i ,''~ '*i.... O (L4 .~ tt l_I "' ~5"1 ~ti r " v' r" - ~ x ~ O o '. C. C C~ n r''. ''ti`t ' s4i . 51 r~s ~ L ti,l, +Y--.'''ter ~ ' ~ a t ~ '~ C ,,~+ ~ y ~ •~ yt, ~ `~ 6 .:, rr - '''- ~F °~ ~~.~ r_ + ;cry 5 ~ ~. _ ~, ~ f ti OO m ~ U r IG 5 _ =~ r ~ k~ ti-.r= .1 ., ~ ~ ~ ~~~, ~ ~'~+ ~ ~~ % `til ca .> ~ Ylj .., o 15 ti . Icy `a0 -~ ' 1 ,,. ,~r x' a ,~ ° +~ ^' . ;3; ~~': r *• ~"~ _ ~ L Q •f ~ ~ tit- `"S~.F ~$ ~ _r ~ cC 0 ~~~ f7 ra ti' S 1 3 C C .,. rr ~ t '. SIC ~ {~4 ~4f ^. ;k.41~ y' ~,. 'r~ r+ +~ ~ ~ . r ill ~~ _ k ~ ~ .f 7' ,\ y ~ 4 ~k. tl '~`:we.r, ,ra 1 f~ f Al R _ 5" U try _ •,` ~ `h ~, n ~,~r i ..t,k` ,r r. `,* ~,y,. ,~ r ~ ly ti . , ~ ,}~.r cl ~~ .. ~. _ , c~ ,ti CJ ~ ~: ~ '-47 N r~ r _ ... f ~ . . x .T,~_ 4ti - f Y~ f ~'R 1 r ~. f. • * ~ ~..~ v 1 ".. "R - ~ ~ ~ {'• ~ ~ Lti ~.-, 1. F '. ~ , ~+ . ~ ~ = Z ~~~ _ ti ~ ~ 1 a 0 APPENDIX G CITY OF CLINTON ' DRAFT DECLARATION OF RESTRICTIONS o ~o - 12,7 n DRAFT STATE OF NORTH CAROLINA SAMPSON COUNTY CONSERVATION DECLARATION This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and RESTRICTIONS ("Conservation Declaration") is made on this 6~' day of March, 2007, by CITY OF CLINTON, 221 LISBON STREET, CLINTON, NC 28328 ("Declarant"). RECITALS & CONSERVATION PURPOSES A. Declarant is the sole owner in fee simple of the certain Conservation Property (Property) being approximately 0.45 acres, more particularly described in Exhibit A attached hereto and by this reference incorporated herein Map Book Page of the Sampson County Register of Deeds; and B. The purpose of this Conservation Declaration is to maintain wetland and/or riparian resources and other natural values of the Property, and prevent the use or development of the Property for any purpose or in any manner that would conflict with the maintenance of the Property in its natural condition. The preservation of the Property in its natural condition is a condition of Department of the Army permit Action ID issued by the Wilmington District Corps of Engineers (Corps), required to mitigate for unavoidable impacts to waters of the United States authorized by that permit, and this Conservation Declaration may therefore be enforced by the United States of America. NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that the Property shall be held and subject to the following restrictions, covenants and conditions as set out herein, to run with the subject real property and be binding on all parties that have or shall have any right, title, or interest in said property. ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Property inconsistent with the purposes of this Conservation Declaration is prohibited. The Property shall be maintained in its natural, scenic, and open condition and restricted from any development or use that would impair or interfere with the conservation purposes of this Conservation Declaration set forth above. Without limiting the generality of the foregoing, the following activities and uses axe expressly prohibited or restricted. A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the natural features of the Property or any introduction ofnon-native plants and/or animal species is prohibited. B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard. or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above the Property. C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial activities, including any right of passage for such purposes are prohibited. D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use of the Property are prohibited. E. Ve etation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation on the Property. F. Roads and Trails. There shall be no construction of roads, trails or walkways on the Property. G. Si a e. No signs shall be permitted on or over the Property, except the posting of no trespassing signs, signs identifying the conservation values of the Property, signs giving directions or proscribing rules and regulations for the use of the Property and/or signs identifying the Grantor as owner of the Property. H. Dumpin or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Property is prohibited. I. Excavation, Dredging or Mineral Use There shall be no grading, filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any manner on the Property, except to restore natural topography or drainage patterns. J. Water Quality and Drainage Pattern There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of the easement area by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. 2 K. Development Rights. No development rights that have been encumbered or extinguished by this Conservation Declaration shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited. M. Other Prohibitions. Any other use of, or activity on, the Property which is or may become inconsistent with the purposes of this grant, the preservation of the Property substantially in its natural condition, or the protection of its environmental systems, is prohibited. ARTICLE II. ENFORCEMENT & REMEDIES A. This Declaration is intended to ensure continued compliance with the mitigation condition of authorizations issued by the United States of America, U. S. Army Corps of Engineers, Wilmington District, and therefore may be enforced by the United States of America. This covenant is to run with the land and shall be binding on all parties and all persons claiming under the Declarant. B. Corps, its employees and agents and its successors and assigns, have the right, with reasonable notice, to enter the Property at reasonable times for the purpose of inspecting the Property to determine whether the Declarant, Declarant's representatives, or assigns are complying with the terms, conditions and restrictions of this Conservation Declaration. C. Nothing contained in this Conservation Declaration shall be construed to entitle Corps to bring any action against Declarant for any injury or change in the Conservation Property caused by third parties, resulting from causes beyond the Declarant's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Declarant under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to Property or harm to the Property resulting from such causes. ARTICLE III. PUBLIC ACCESS A. This Conservation Declaration does not convey to the public the right to enter the Property for any purpose whatsoever. ARTICLE IV. DOCUMENTATION AND TITLE A. Conservation Property Condition The Declarant represents and acknowledges that the Property is currently undeveloped land, with no improvements other than any existing utility lines, Declarations and rights of way. B. Title. The Declarant covenants and represents that the Declarant is the sole owner and. is seized of the Property in fee simple and has good right to make the herein Declaration; that there is legal access to the Property, that the Property is free and clear of any and all encumbrances, except Declarations of record. ARTICLE V. MISCELLANEOUS A. Conservation Purpose. (1) Declarant, for itself, its successors and assigns, agrees that this Conservation Property shall be held exclusively for conservation purposes. B. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Conservation Declaration and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Declaration. If any provision is found to be invalid, the remainder of the provisions of this Conservation Declaration, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. C. Recording. Declarant shall record this instrument and any amendment hereto in a timely fashion in the official records of Sampson County, North Carolina, and may re-record it at any time as may be required to preserve its rights. D. Environmental Condition of Conservation Property. The Declarant warrants and represents that to the best of its knowledge after appropriate inquiry and investigation: (a) the Property described herein is and at all times hereafter will continue to be in full compliance with all federal, state and local environmental laws and regulations, and (b) as of the date hereof thee are no hazardous materials, substances, wastes, or environmentally regulated substances (including, without limitation, any materials containing asbestos) located on, in or under the Property or used in connection therewith, and that there is no environmental condition existing on the Property that may prohibit or impede use of the Property for the purposes set forth in the Recitals. IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and year first above written. CITY OF CLINTON BY: Luther D. Starling, Mayor ATTEST: Elizabeth W. Fortner, City Clerk 4 NORTH CAROLINA SAMPSON COUNTY I, , a Notary Public in and for the County and State aforesaid, do hereby certify that ELIZABETH W. FORTNER, Clerk, personally appeared before me this day and acknowledged that she is Clerk of the City of Clinton, a municipal corporation, and that by authority duly given and as the act of said City the foregoing instrument was signed in its name by its Mayor, sealed with its corporate seal, and attested by herself as its Clerk. Witness my hand and notarial seal, this the day of , 2007. Notary Public My commission expires: 5 1 u 1 APPENDIX H DRAFT RECORDABLE MAP 1 4 #451 N. C. STA TION NGLE" ~ ~ \ ` ~ ~ _ _ _ ~ I N. C. GRID C DINATES DORIS R.H. THORNTON ~ r ~ ~ ~ ~ ~ ~ \ X = 2,201,535. 3 \ D.B. 646 PG. 197 / I \ \ ~ \ \ ~ ' Y = 2, 097.45 ~ V l ~ \ \ A 1983 N. A. DATUM \ \ ~ ~ 3 ~ ~ ~ ~ ~ ~ "CONTROL RNER" \ \ ~ ~ ~ ELEVATION = 56.27 \ ~ ~ ~ ~ ~ ~ \ ~ \~ COMBINED FAC R = 0. 987858 ~ \ _ _ ~ ~ ~ ~ \~ ~ ~ ~~~' CULVERT DETAIL ~ ~ ~ v \ ~~ ~ ~ LOOKING UPSTREAM (SOUTH EAST) ~ ~ ~ ~ ~y ~ ~ ~~ ~~ \ • \ \ ~~ ~ INTO OUTLET END ~ \ \ 0 cP ~ c0 \ ~ ~ ~ ~ ~ . N ~ ~ iNVCU, */ r~~ , a" ~ ~ :. 1 '4 F: V A ~ \ iEAf ~WAi ~ //~~ \ { fii .itit rv~ 1~~ ;~ n~,l ~rvvFR I /h~` 564 ~ ~s t ! a ~ ~ + p'` ,SAO ~ ~ 80 I ~~~ \ ~SF~ ~ 3g INVERT ;Ndt -126. ~(i a~Y / ~/ L~, ~~ ~ a" ~~ iRt ~ ~j, „ m-,. AR~~ FAIT ~} t:: ~~\` 0~ `\ /_. ~~. 33.96' (CHORD) "~~~ / ~ v~ ~~ v~F ~„ / ~ V ~ ~ CITY OF CLINTON \; ~ ~ . ,~ \ ~~~///~~~ ~ D.B. 531 PG. 565 ~ / I j ~ / \ \ D.B. 874 PG. 281 r, / FIRST TRACT oti ..r~~ ~; ~~~ ~ ,, A~ ~ 0.45 ACRE ~~ ~~ wit ~7~, / ~p ~p ~ QQc~J ~ , ~;\ ~~ ~,rJrN ~_ NEB. ~ gip, ~~. ,P~ ~. u. / / ~ \~l N45'16'08"E V `~\~ / ~, / ~ 11.00' (#2230 TO #1656) ~` ~ \ ~ ~ / j / ~~~~a_,_ ~,~ \ \ ~ ,~ a~ .~ j / tiS~~ ~ ~\ \ ~ ,~'; ,~ / ~ ~ ~'Ap•~ CITY OF CLINTON ~~ ~~~ - ~ ~ ~ ~a-- ~ N~~., / ~ ,~. „ : a D.B. 662 PG. 100 \ \ ~ MOWED AREA WITH / ~ ~;~ \ ~+' :A~ :RE_6, D.B. 1500 PG. 275 ~ ~ SCATTERED PLAYGROUND EQUIPMENT / / / ~~ \ ~08, ~ \ / / \ \ ~ / s~ _._.~ , ~_.~ ~, ,, v v , ~ s- ' ~ ,,~,~, \ -, -~ .2s ~ p P \ >~ ~~ '<~ ~,, gar ° «c Ju \ \ y ~Q~~ -r .. ~a` r ~'~ OAK TREE ~~:. ~O ,AK _~O ~ ., ', A ~ ti i ~ / / ~ \, w ~ ! / ~ O y '.(..c' 'C'"L. 4 _ ~ • ~~.n~ r,Ar reFF ~k ';~ , ~ ~O P~WEFt LJNE'~ "~-~ ~c~ INI~f R ~~ ~ .~ ~ ~~ i { fj~I~!~ F' dv!Epwc ~v~'i~Ar 1kEt ~~~ ~ ~- ~~O E~~,~ii e. mss'- v'. ~'~~, \. ~ r -F~?oM~~, nr~ rREE ~5 ~,W1,y ~\p'k REE [i f ,!r '. ~ "` i ~ 'L~ ~h~ 56 ~ oal. rkEE ,~\ \ . \, ~~ ~ i. 569 3 I ~ \ \ \ u' r ~~` ~~onr rRt_t '~~~~,~~,r rR~E =~ _, j ~~ ~.~, ~ _ ~ ~ ,, ~ F. ~F ~~,~~ ~ ~ ~ N~Tgk k:.' s ~-+ ~ sEWE MOWED AREA ~"z.rn~t R ~ t. ~• ~, S ~ ~ ~ ~Nr ~~~~• Tr~~_.'~ ;~Ar ?REE ,.. ~ ~~ ~ ~E~E ~~~` l~^' `- ~ ` ` ~:Z.A'' `~Aw rgrr ^1 \ Z \~\ 'r D.B. 1 ~~` ~ ~ ~\ THIS AREA IS OWNED BY THE ~ ~ ~ ~ ~~°A" `RLE ~ o ~~~ ~ CITY OF CLINTON ~ _ _ ~ ~ ° ~d $UT HAS BEEN LEASED TD ~~~ tNEt ~~ COUNTY OF SAMPSON ' ~ '' _ ~~oA~ rRE~ ~^ ~' ~ ti ?p•• v ~` ~ ~, ~~ GAK TFEE ~~~ ~~~ D.B. 1554 PG. 829 0~ MAN H~_~~_E ~~~ ~ C> ~F`\ LEGEND: I.S.S. =IRON STAKE SET ~Z '' DEED REFERENCE: LP. S. =IRON PIPE 5ET ~\~ C.M.S. =CONCRETE MONUMENT SET \ ' P.K.S. _ "PK" NAIL SET DEED BOO#C 531 PAGE 565 E.LS. =EXISTING IRON STAKE ~ "'~_ DEED BOOK 662 PAGE 100 E.I.P. =EXISTING IRON PIPE \ DEED BOOK 779 PAGE 647 E.P.K. =EXISTING "PK" NAIL DEED BOOK 874 PAGE 281 E.C.M. EXIST~iG CONCRETE MONUMENT \ ~ DEEfl BOOK 909 PAGE 393 E.R.R.S. =EXISTING RAILROAD SPIKE \ ~c\ DEED BOOK 1500 PAGE 275 Q = CENTER LMtE \ \ ~a\ MAP BOOK PAGE R/W =RIGHT-OF-WAY \ \v'a~ P.P. =POWER POLE ~ ~ T.P. =TELEPHONE PEDESTAL d MAP iS A OORIIECT NEPRESOfTATK1N OF 111E UND 9N1tiEYED AND PUTTED, B.O.C. ~ BACK OF CURB T A NDRTN pA#DL1/A t;fp~]p AT7pM1EY-AT-uw SHOUID !E Cal/SWLTFD C.P. -COMPUTED POINT NOTES: I z aDIM1EG~ oP, NB111i A6D LOCATION of EA~MEN75, ANY C. A. T. V. = CAf~.E TELEVISION uNES i. THIS SURVEY IS OF ANOTHER CATEGORY, SUCH AS THE RECOMBINATION OF EXISTING\ar' lENES NdT 9gMN ON itAPS OR OEE06 MADE AVAMBLE lO R.C.P. =REINFORCED CONCRETE PIPE ~ 'it. ~' A1E T AT >~1E TA1E ~ TNIS ~~• AND OtNER S.R. =SECONDARY ROAD PARCELS, ACOURT-ORDERED SURVEY, OR OTHER EXCEPTION TO THE DEFINITION OF \J` 1tE GUE~E11opS •r 71'R~E~1AT1011. R R T11E IIE'9POtl91ilITY aF w~A WATER METER SUBDIVISION. PINT owN~ dt G~W1~1t °F THE PRq~ERTY 91°M" "mE°"' T+° -,~- a OVERHEAD POWER LINES 2. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES UNLESS OTHERWISE NOTED. tOR ANY INYN IIUC1FJt tA/lE OR 01!#]! wATE1t OOMDIIIONS 11Ar cAUStM~~ aF >~ ntor'ottr to ~ u~usAnt rat txRTUN C.B. =CATCH BASIN 3. TAX PARCEL LD. NUMBER: 2405-26-3261, 2405-26-5597, & 2405-26-6448 \ -. ~ ~'' ~ Nir ~~ ~ A~11~ /1' THE FOR F.F. FlNISHED FLOOR AT THRESHOLD CaaTlaNS ~ ru-r r~apolnr oasr BUT A1E UNKProriM eudl A! ~„ CONCRETE 4. THIS LOT MAY BE SUBJECT TO EASEMENTS AND ENFORCEABLE RESTRICTIVE ~ -~ oR -u2A~oa1s WASTE MA1BMAtt, CD+ETEliES, ETC. COVENANTS OF RECORD, IF ANY, NOT SPECIFICALLY DESCRIBED HEREON. ~/ plo - 1~•7fl ~ !IIeG '~•~r reyiyt~•~nan r, the -. _. Jay ut - - _ - ~G _ -- - - ~1 - `~, t U .-~.j r^y ~~'~rd ~r tf~.. -~tf~: - th.: h'egister ~V ~t _.E?J.. ~. _, ., . _ ~rw ., !hr lay - ~ ~ ~~ \ \~ ~ ~ ~~ ~ ~ ~~ \ ~ \~ -~ ~ ~~ ~ ~ ~`' \ ~ ~ ~ ~, ~ ~ ~ ,, ~~ ~ ~ ~ ~ ,~ ,~~ ~~ \ ~~ \ ~~ ~ ~ `, \ n ~' >-' '_ __ rU1~f1rN T~ ~ ~?~ fit.. ~O~ '~ u~~ L ;~ ~PAQ J~ c. ~p,N ,F ,~ VICINITY MAP R 1" 4 :~ ~~~ ~%~ Z ~ ~ SURVEY OF PROPOSED EASEMENT FOR Zo d C7 Z ~~ z~ ~~ ~~~ \, ~ ,~~ ~ ,, et » ~,h ,,,%- ~ ~ ~ CATTAI L BRANCH STREAM R ESTO RATI O N ~- ~ ~ ~~, m ~~A ~. ~ ~~~~A "_ ~\ ~ ~ '~ ~~ CITY OF CLINTON `~ ~ ~ D.B. 779 PG. 647 ~ ~ ~ D.B. 909 PG. 393 °-' z ~' SOWED AREA WI TN 'ED PLAYGROUND EQUIPMENT REP yY, ~pOD~O P/ji -' ~ 4 / / 1 ~ _~ ~.. . ~a C~~ ' ~ r.i 'vf n,.. ~ i F ~.( S{ i ~G ~w V AK r_. Y ~ ~ CG ~ / QV O f JV ~ p 89 ~ ~~ / ~ ~~ ~ ~ ~ / ay ~ ~;^. ~ ~ ~ ~N Eir Nr ~,~ .~,~ r, ~\ ~\ ~. r _ MSR LAND DEVELOPMENT, INC. r D.B. 1334 PG. 533 _~ ~~~ A \ s. ~ $\ ~?\~"~ ~~~ ~~~ \ \O \~~ ~ ~a~ ~ ~`a~ ~ ~a I "a fION OF EXISTING ~'' -IE DEFINITION OF \J "~t "NE "` i ~ `.,,.ALE RWISE NOTED. p5-26-6448 ~-, ~ON, ~ ~2~33 Ei5 ~RICTIVE c/`~ \ DR. TIMOTHY M. KOSTERMAN D.B. 1456 PG. 683 N \ ~ , \\ \~-i \ ~ ° \ . nE ~. iNF Nn~ A~ L 1 a~r,G CONTACT PERSON MR. JOHN CONNETT, CITY MANAGER 221 LISBON STREET CLINTON, NORTH CAROLINA 28328 PHONE (910) 592-1961 LOCATED IN cITY of cuNTON NORTH CLINTON TOWNSHIP, SAMPSON COUNTY, N. C. 20 io 0 20 ao so GRAPHIC SCALE IN FEET OWEN SURVEYING, INCORPORATED 212 LISBON STREET PHONE: (910) 590-3232 /FAX 592-33 94 CLINTON, N. C. 28328-4115 TOLL FREE: (800) 826-MAPS (800) 826-6277 FEBRUARY, 2007 SCALE: 1 INCH = 20 FEET I, MILLARD T. OWEN III CERTIFY THAT THIS MAP WAS DRAWN BY ME FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION, (SEE NOTE FOR RECORDED DEED DESCRIPTION) THAT THE ERROR OF CLOSURE EQUALS 1:10,000+, THAT THIS MAP WAS PREPARED IN ACCORD ANCE WITH G.S. 47-30 AS AMENDED. ALL AREAS WERE FIGURED BY USNJG THE D.M.D. METHOD UNLESS OTHERWISE NOTED. i ALSO CERTIFY TO NOTE ##1. WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER AND SEAL THI S _ 21ST DAY OF_ FEBRUARY 2007. `~~1111111/!/~~ `\ ~i 9 ~ ~ ~ ~ _ ' S EA L * L 1 4 98 ~ '~ ~ ~~~ 9N~SUR`~{~ ~~~~\ PROF SSIONAL LAND SURVEYOR L-1498 /111111/ STATE OF NORTH CAROLINA COUNTY OF SAMPSON I CYNTHIA COTTLE REVIEW OFFICER OF SAMPSON COUNTY CERTIFY THAT THE MAP OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING. DAT REVIEW OFFICER I,~~ tir.~~ ._ ,~t rx,,r- -~ rrr.ro 'f F~ ~}; ,.t I r t_~n ~>uh•:7ic~<,i~~r r_; N 7~~,r~ ~.~! rPr~i~ [pare Adn,in;stFato~ - r:~,.~DRAWIN!.,\cL%`.,CA1A4.RE~.ORD.dwq 2-23--~? 'd 3S' ar-' E~-; DRAIMNG NUMBER: 222-K MAP BOOK PAGE ° #451 N. C. STATION NGLE° DORIS R.H. Tf1 N. C. GRID C DINATES X = 2,201,535. 3 D.B. 646 PG. Y = 2,097.45 1983 N. A. DATUM ~ ~ ~ CONTROL RNER ° ~ ~ ~ ELEVA170N = 56.27 ~~ ~ ~ \ ~ ~ \~ COMBINED FAC = 0. 987858 ~ .~ ~ ~ ~ \ \ + \ ~~•;, ~ ~~ ~ ~~r I ~ ~ ~ fin, ~?~. \ i'~ \ \ ~~ , ON _ ~\ \ ~ ~~~~ ~ ~ ~ \ '~ ~ Q rl / ~ ~ ~ \~ ~ ~ ~ 9s`° ~ ~~ ~~ ~ ~ CULVERT DETAIL ~ LOOKING UPSTREAM (SOUTH EAST) INTO OUTLET END i, ~ b m nE -.i~tiE. rv~~r wA i r ~~ ~~rvr Mh CAI ' I / t I ~j ~/ ~, r ~~ ~~ / ~~ ~~ / /~ I ,'' ~ ; ~/ ~~~ / <" 4 .1~ ~~J~ ~ q~~3~, ~ ~ ' ,;•rvrN~_ ~r. ~~ /, ~/ .~~ / ' ~; aF ~ ~ ~ ~~ / ~ j~ j/ 4.. ~~ar ~owLk :irvE~~ -- ~* II C ~ ~ J'4N~)AI~... SEyyER ~~ ~ ~ z,,t s .~~ Z ~ "n r ~ ` _iqK rF.f E 7 ~ ~ ~ ~) T~ ~~ THIS AREA IS OWNED BY FFI~ ~ , _ 4n~~oAw rRLL r, oo y CITY OF CLINTON ~ ~ ~ ~~^~L~ ~~~ ~ o ~~ ~ ~ a -'OAK ! h'E ~ d '~ \ `~~~ ao° ~ ~~ Ln BUT HAS BEEN LEASED TO ~ ~ ~-~ OAv' ?-kFc ~ ~ N\ COUNTY OF SAMPSON ~ ~ , ~ ~ ~~" ~ ~, ~'~~ OAK tkc~ ~~~6 D.B. 1554 PG. 829 c~Z~ MAN H~_~lt LEGEND: I.S.S. =IRON STAKE SET ~ Z DEED REFERENCE: I.P.s. =IRON PIPE SET \ C.M.S. =CONCRETE MONUMENT SET P.K.S. _ "PK' NAIL SET DEED BOOK 531 PAGE 565 E.I.s. =EXISTING IRON STAKE ~ DEED BOOK 662 PAGE 100 E.I.P. =EXISTING IRON PIPE DEED BOOK 779 PAGE 647 E.P.K. =EXISTING °PK° NAIL DEED BOOK 874 PAGE 281 E.C.M. =EXISTING CONCRETE MONUMENT DEED BOOK 909 PAGE 393 E.R.R.S. =EXISTING RAILROAD SPIKE DEED HOOK 1500 PAGE 275 4 = CENTER LSE MAP BOOK PAGE R/W =RIGHT-OF-WAY P. P. =POWER POLE T.P. =TELEPHONE PEDESTAL THIS MAP IS A OORRECT REPRESENTATION OF THE LAND SURVEYED ANO PLATTED, B.O.C. = BACK OF CURB NOTES: sUT A NgtTN CAf10LiNA UC~IgH ATTORNEY-AT-LAW SHtX1LD BE CONSULTED C.P. =COMPUTED POINT ooNC,~RNINC oDwIECT oNneesw, woTN AND LocATION av EA9E11ENT5, ANr C. A.T.v. - CA~.E TELEVISION LINES 1. THIS SURVEY IS OF ANOTHER CATEGORY, SUCH AS THE RECOMBINATION C6]AETEIIleS 110T SNOTIIO DN RECO110E0 MAPS oR DEEDS MADE AVAR,ABLE 70 R.C.P. =REINFORCED CONCRETE PIPE PARCELS, ACOURT-ORDERED SURVEY, OR OTHER EXCEPTION TO THE D 1NE 9tMVEY01e SY 7NE PRElENT O1ME7! AT TIE T1E OF l-MS SUR1iEY, AND OTHER S.R. =SECONDARY ROAD SUBDIVISION. r t1TtE at~sfloMa REVEALJ~ sr Tt11,E EXAIINATION. IT is THE RESPON91Br1TY OF W ~ =WATER METER ~ tFIE PTMi~tT ORNEit dt W11RIE OMME1t of A1E PROrveTr SI~DM1t N®IEON, TO --.~Ilrr" =OVERHEAD POWER LINES 2. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES UNLESS OTHERW1Sf aleck Fol1 ANr rIeTEANO~~ NwN rfATElt TARE OR OTNOe WATER CDIpT10NS MAY CMl~ A P'6RTI011 DF 1-MS PROPERTY 1C1 ~ UNUSA~E iOR COtTAM C.B. = CATCH BASIN 3. TAX PARCEL I.D. NUMBER: 2405-26-3261, 2405-26-5597, & 2405-2 ~ ~~ ~ QTY ~ ANr ~~ ~ A h' TIC ~ ~qt F.F. FlNISHEO F100R AT THRESHOLD ! Atir ODNDIT1D1tS r~9fl MAY PRE9E-ITLY ENIST euT ARE uNKrrorIM luCN As 4. THIS LOT MAY BE SUB.IECT TO EASEMENTS AND ENFORCEABLE RESTRICTI Tn000 OR HAZA11100tNS UMS1E MATERIALS, CDETERES, E1C. ~` ~ ., „~,,...,...~~ , ,~~~~.. PA\L\IA-ITC nr ocnn[~n ~r °uv u~r nr.r`..ra..~.