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HomeMy WebLinkAbout20171044 Ver 1_FINAL_MitigationPlan_WithAppendices_20200403Mitigation Plan — FINAL Whittier Creek Site — Option D Mitigation Project Surry County, North Carolina Yadkin River Basin: 03040101-110040 DMS Project ID No. 100020, DEQ Contract No. 7182, DEQ RFP #16-006993 USACE Action ID No. SAW-2017-01503 Prepared for: NC Department of Environmental Quality (DEQ) NC Division of Mitigation Services (DMS) 1652 Mail Service Center Raleigh, North Carolina 27699-1652 March 2020 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 January 8, 2020 Regulatory Division Re: NCIRT Review and USACE Approval of the NCDMS Whittier Creek Mitigation Site / Surry Co./ SAW-2017-01503/ NCDMS Project # 100020 Mr. Tim Baumgartner North Carolina Division of Mitigation Services 1652 Mail Service Center Raleigh, NC 27699-1652 Dear Mr. Baumgartner: The purpose of this letter is to provide the North Carolina Division of Mitigation Services (NCDMS) with all comments generated by the North Carolina Interagency Review Team (NCIRT) during the 30-day comment period for the Whittier Creek Draft Mitigation Plan, which closed on November 30, 2019. These comments are attached for your review. Based on our review of these comments, we have determined that no major concerns have been identified with the Draft Mitigation Plan, which is considered approved with this correspondence. However, several minor issues were identified, as described in the attached comment memo, which must be addressed in the Final Mitigation Plan. The Final Mitigation Plan is to be submitted with the Preconstruction Notification (PCN) Application for Nationwide permit approval of the project along with a copy of this letter. Issues identified above must be addressed in the Final Mitigation Plan. All changes made to the Final Mitigation Plan should be summarized in an errata sheet included at the beginning of the document. If it is determined that the project does not require a Department of the Army permit, you must still provide a copy of the Final Mitigation Plan, along with a copy of this letter, to the appropriate USACE field office at least 30 days in advance of beginning construction of the project. Please note that this approval does not preclude the inclusion of permit conditions in the permit authorization for the project, particularly if issues mentioned above are not satisfactorily addressed. Additionally, this letter provides initial approval for the Mitigation Plan, but this does not guarantee that the project will generate the requested amount of mitigation credit. As you are aware, unforeseen issues may arise during construction or monitoring of the project that may require maintenance or reconstruction that may lead to reduced credit. Thank you for your prompt attention to this matter, and if you have any questions regarding this letter, the mitigation plan review process, or the requirements of the Mitigation Rule, please call me at 919-554-4884, ext 60. Sincerely, Kim Browning Mitigation Project Manager for Tyler Crum bley Enclosures Electronic Copies Furnished: NCIRT Distribution List Matthew Reid, Paul Wiesner— NCDMS Scott King —Michael Baker Engineering DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTENTION OF: CESAW-RG/Browning MEMORANDUM FOR RECORD December 23, 2019 SUBJECT: Whittier Creek Mitigation Site - NCIRT Comments during 30-day Mitigation Plan Review PURPOSE: The comments listed below were received during 30-day comment period in accordance with Section 332.8(g) of the 2008 Mitigation Rule in response to the Notice of NCDMS Mitigation Plan Review. NCDMS Project Name: Whittier Creek Mitigation Site, Surry County, NC USACE AID#: SAW-2017-01503 NCDMS #: 100020 30-Day Comment Deadline: November 28, 2019 DWR Comments. Mac Hauat & Erin Davis.- 1 . Page 3-3, Section 3.1.1 - DWR would like to see the NCSAM and NCWAM scores included in Tables 3.2 and 3.3 and/or a brief discussion in of the assessment results. 2. Page 4-1, Section 4 — What available planning documents were reviewed and/or local and state agencies consulted for potential future land development projects in the surrounding area? 3. Page 4-1, Section 4.1 a. Are there any anticipated NCDOT roadway or culvert upgrades planned for Rock Hill Church Road? What are the existing conditions of the culvert structures? b. In order to reduce site fragmentation, can the proposed crossings on UT4 and UT5 be relocated to the top of reaches near the roadway? Has outreach to the utility provider been completed? 4. Page 6-5, Section 6.2 Reach R7 - Since establishment of vegetative cover and vigor can be a challenge on Priority II restoration banks/benches, please include a discussion on how the soil restoration will be addressed during construction and reference potential adaptive management. 5. Page 6-16, Section 6.5.2 — As per the 2016 Mitigation Update Guidance, planting should be completed by March 15tn 6. Page 6-17, Table 6.7 a. DWR requests capping the proposed percentage of green ash (Fraxinus pennsylvanica) to be planted at 5% since emerald ash borer (Agrilus planipennis) has been detected in Surry county and has the potential to impact long-term tree density and canopy cover. b. Since black walnut is allelopathic, DWR would not recommend including it on the planting list. Based on the target community, have species of elm, oak or hickory been considered? 7. Page 7-1, Section 7.1.1 a. Bankfull events should be documented on each reach, not only Reach R7. b. Reach UT5 was identified in Table 3.1 as a perennial stream and as such the 30-day consecutive flow requirement does not apply since continuous flow is expected (in a typical weather year). 8. Page 8-3, Section 7.2 a. DWR does not support early termination of the vegetation monitoring period. b. Rather than exclude willow oak and persimmon from the vigor performance standard, DWR recommends use of the mountain counties height thresholds of 6 feet in year 5 and 8 feet in year 7 (2016 Mitigation Update Guidance). 9. Page 8-4, Table 8.1 a. Please note that bankfull events are to occur in separate years. b. Table 5.1 lists cross sectional surveys as the monitoring measurement tool for aquatic habitat. Please confirm and make tables consistent. c. Please include the vegetation vigor performance standard. d. Note that only volunteer species that are included on the approved mitigation plan plant list may count toward the vegetation performance standard. 10. Page 8-6, Table 8.2 a. DWR recommends quarterly inspection of stage recorders and flow gauges to reduce the risk of data loss due to instrument malfunction. b. DWR recommends treating invasives at a minimum annually rather than a "case -by -case" basis. c. Please also include visual monitoring photo locations at proposed crossings. 11. Page 11-1, Table 11 — There's a difference of 152 feet between restored and creditable stream footage for Reach R7. What is the stationing number start of the creditable stream footage? What is the proposed crossing width? 12. Figure 12 - Please show existing onsite wetlands on Figure 12, as well as future monitoring report figures. 13.Sheet 1A a. Please use consistent structure terms in the Stream Conventional Symbols and Details. b. General Note #7 states that six inches of topsoil will be placed on bankfull benches; however, Sheet 4-9 Note #6 states topsoil placement of at least eight inches. Please update for consistency. 14. Sheet 2A — Is the outlet protection detail being proposed for this project? 15. Sheet 2C — What species are anticipated to be transplanted onsite? 16. Sheet 2F a. DWR requests plugs be a minimum of 50 feet wide. b. Please include a channel fill detail. If partial ditch filling is proposed, please include a separate detail and indicate the maximum depth from top of bank to be filled. 17. Sheet 4 a. Similar to DMS' comment, DWR is concerned about the long-term stability of the first meander, particularly since the easement boundary bisects the meander. b. The Reach R7 easement break does not include a proposed ford or culvert structure. DWR has concerns about long-term stability of this stream segment without a reinforced/ protective crossing structure. If is ford will be proposed, please include a typical detail. c. DWR is concerned about potential impacts from livestock crossings if the easement break is not fenced. 18. Sheet 5 — As DMS noted, there is a large meander designed at the downstream end of UT4b as it enters R7. DWR is concerned about long-term bank stability at this confluence. 19. Sheet 7 a. DWR recommends a 30-foot setback of the proposed easement from the road culvert to avoid potential future transportation encroachment requests. b. The UT4A utility easement break does not include a proposed ford or culvert crossing. DWR has concerns about long-term stability of this stream segment without a reinforced/protective crossing structure. Additionally, will the proposed live stake installation be considered an access barrier by the utility provider? 20. Sheet 8 — The stream restoration design for UT4b and UT5 appears to impact wetlands W-B and W-D. In the final mitigation plan please describe how the site's total wetland area will be maintained and no net loss of wetland will be documented. 21. Sheet 15 & 16 — Section 6.5.2 notes the planting of adjacent wetland areas within the easement; however, the planting plan does not currently indicate wetland planting. Please update the planting plan to reflect wetland area planting. 22. Please include a fencing specific sheet showing existing and proposed fencing, as well as anticipated locations of gates for site access by regulatory and stewardship staff. 23. For future site submittals, please show the plan view and corresponding profile on the same design sheet. USACE Comments, Kim Browning: 1. The correct USACE Action ID is SAW-2017-01503. Please correct the cover page. 2. Page 1-1: Please specify whether the 3,060 SMUs are cold, cool, or warm. 3. Please add a veg plot along UT413, near the confluence with UT5, in the existing wetland area. 4. Section 4.1: Please specify if a culverted crossing will be installed in the powerline crossing on UT4A. 5. Section 6.5.2: Please add a description of how fescue will be treated. 6. Section 6.7: This section would benefit if it contained more details. Attached is an example of project risks and uncertainties. I'm not suggesting that all of these will potentially affect your project, but this is the type of detail requested. 7. Section 7.1.1: The four bankfull events in separate years must be documented on all reaches, not just R7. 30-days consecutive flow only applies to intermittent streams. Near continuous flow is expected on perennial streams. 8. Section 7.1.2: It may be beneficial to add a cross-section on UT5, north of the culvert crossing. 9. Section 7.1.2: Reach UT5 is described on page 6-9 as being a B-type channel. Please include a statement that the Entrenchment Ratio (ER) shall be no less than 1.4 for all measured riffle cross -sections on a given reach (for B channels). Please update Table 8.1 as well. 10. Section 7.1.3: Why are pattern measurements only being calculated on R7? It appears that meanders/pattern are proposed on UT413. 11. Section 7.2: The vigor standard for mountain counties is 6' for monitoring year 5 and 8' for year 7. Since Table 6.7 indicates that Willow Oak and Persimmon will only account for 20% of the planted stems, so these species should be averaged into the plot data. a. Given that privet is heavy in some areas, please specify that invasive species will be treated so that they compose no more than 5% of the easement area. b. Vegetation monitoring must be conducted for 7 years. Please remove the statement regarding monitoring may be terminated by year 5. c. Individual plot data for volunteer species should be provided separately. Volunteers will only be counted if they're on the approved planting list, and are present for at least two growing seasons. d. Please add a statement that any single species can only account for up to 50% of the required number of stems within a veg plot, and stems in excess of 50% will not count towards success. 12. Table 8.1: The Outcome of Reestablish forested riparian buffers-- Volunteers will only be counted if they're on the approved planting list, and are present for at least two growing seasons. 13.Appendix E: Please include maintenance of the culvert crossings and the ford. 14. The approach proposed on UT4A indicates that bank shaping will occur on 25% of the reach, and some in -stream structures will be installed. Please add a statement regarding bedform diversity in order to justify the functional uplift and a credit ratio of 1.5.1. Considering there is a lot of sand and silt in this system, the addition of wood would be beneficial. 15. There is an existing wetland along UT5, south of the crossing. Will this entire wetland be within the easement? If not, will this area be fenced out from livestock to prevent them from wallowing in it and causing runoff into the easement? 16. The large meander on UT413 near the confluence with R7 is concerning. I understand the reason for the tie-in at the riffle, but that much sinuosity in a flat area may cause overbank flow during heavy rain events, and may form a more direct approach towards R7. 17. When submitting the PCN, please include an estimate of the number of trees, or acres, to be cleared for the NLEB 4(d) Rule. Kim Browning Mitigation Project Manager Regulatory Division INTERNATIONAL March 3, 2020 Kimberly Browning, Mitigation Project Manager US Army Corps of Engineers — Wilmington District 69 Darlington Ave Wilmington, NC 28403-1343 Michael Baker Engineering, Inc. 8000 Regency Parkway, Ste. 600 1 Cary, North Carolina 27518 Office: 919.463.5488 1 Fax: 919.463.5490 Subject: Response to NCIRT Comments on Whittier Creek Mitigation Plan Review (dated 12/23/19) Whittier Creek Mitigation Site, Surry County, NC (Yadkin River Basin: 03040101) USACE AID# SAW-2017-01503, DMS Project #100020, DEQ Contract #7182 Ms. Browning: Please find enclosed our responses to the NC Interagency Review Team (NCIRT) Mitigation Plan Review comments dated December 23, 2019 in reference to the Whittier Creek — Option D project site. We have revised the Draft document in response to the referenced review comments as outlined below. DWR Comments. Mac Hauat & Erin Davis: 1. Page 3-3, Section 3.1.1 - DWR would like to seethe NCSAM and NCWAM scores included in Tables 3.2 and 3.3 and/or a brief discussion in of the assessment results. Response: Baker added the NCSAM and NCWAM ratings in Tables 3.2 and 3.3 and provided a brief mention of the scores in the relevant text sections. 2. Page 4-1, Section 4 — What available planning documents were reviewed and/or local and state agencies consulted for potential future land development projects in the surrounding area? Response: Baker reviewed all of the applicable planning documents available from DMS including the Upper Yadkin Pee -Dee River Basin Restoration Priorities (2009 revision), the Ararat River & Upper Yadkin Local Watershed Plan documents (2008), as well as DWR's 2008 Yadkin -Pee Dee River Basin Basinwide Water Quality Plan, and 2009 Integrated Analysis Report of Water Quality for the Ararat River Watershed. Specific future land development projects in the immediately surrounding area of the restoration site itself were not addressed. 3. Page 4-1, Section 4.1 a. Are there any anticipated NCDOT roadway or culvert upgrades planned for Rock Hill Church Road? What are the existing conditions of the culvert structures? Response: Baker is unaware of any NCDOT upgrades planned for Rock Hill Church Rd. The existing culverts are in good condition with stable rock outlets and outfall pools. They are clearly not perched and are set fairly deep such that the bottoms of each culvert have some basic stream bed features with rock and sediment within them. b. In order to reduce site fragmentation, can the proposed crossings on UT4 and UT5 be relocated to the top of reaches near the roadway? Has outreach to the utility provider been completed? INTERNATIONAL Michael Baker Engineering, Inc. 8000 Regency Parkway, Ste. 600 1 Cary, North Carolina 27518 Office: 919.463.5488 1 Fax: 919.463.5490 Response: The conservation easement has already been purchased, though from recent conversations with the IRT Baker understands the emphasis being placed on site fragmentation reduction and will work to reduce such easement breaks in the future. 3. Page 6-5, Section 6.2 Reach R7 - Since establishment of vegetative cover and vigor can be a challenge on Priority II restoration banks/benches, please include a discussion on how the soil restoration will be addressed during construction and reference potential adaptive management. Response: Baker is certainly aware of the particular challenges in establishing vegetation with this approach. The extent of benching and the especially good topsoil present on site will fortunately help with this effort as it will provide significantly greater topsoil (in both quantity and quality) than usual for placement onto new stream benches and banks. Extensive soil testing will be conducted on the deeper soil horizons where planting will ultimately occur after benching, and all recommended soil amendments will be put out at various stages during construction as appropriate. As requested, text discussion has been added to the report to elaborate on these measures. 4. Page 6-16, Section 6.5.2 —As per the 2016 Mitigation Update Guidance, planting should be completed by March 15th. Response: Baker has amended that section to state March 15t" completion date. 5. Page 6-17, Table 6.7 a. DWR requests capping the proposed percentage of green ash (Fraxinus pennsylvanica) to be planted at 5% since emerald ash borer (Agrilus planipennis) has been detected in Surry county and has the potential to impact long-term tree density and canopy cover. Response: Green ash will be reduced to 5% of the planted species as requested. b. Since black walnut is allelopathic, DWR would not recommend including it on the planting list. Based on the target community, have species of elm, oak or hickory been considered? Response: Baker is happy to add American elm (Ulmus americana) and overcup oak (Quercus lyrata) to the planted species list, but we have had very high mortality rates with bareroot planted hickories (a common observation we are told) and do not wish to plant them post -construction. However, we routinely plant potted hickories in appropriate locations on sites in later years as part of supplemental planting efforts. Also, as black walnut is list as being part of the plant community species and a few specimens are present in the existing vegetation, Baker still wishes to include it as a planted species at only 5% of the total. 6. Page 7-1, Section 7.1.1 a. Bankfull events should be documented on each reach, not only Reach R7. Response: Text revised as requested. b. Reach UT5 was identified in Table 3.1 as a perennial stream and as such the 30-day consecutive flow requirement does not apply since continuous flow is expected (in a typical weather year). Response: The text was revised in this section as per the comment. Page 8-3, Section 7.2 a. DWR does not support early termination of the vegetation monitoring period. Response: Baker understands that DWR does not support early termination but wishes to keep the language in the document to allow for that option in the event that DWR changes their mind. The text INTERNATIONAL Michael Baker Engineering, Inc. 8000 Regency Parkway, Ste. 600 1 Cary, North Carolina 27518 Office: 919.463.5488 1 Fax: 919.463.5490 only provides an opportunity for a potential request, which can be denied by any of the agencies at their discretion. b. Rather than exclude willow oak and persimmon from the vigor performance standard, DWR recommends use of the mountain counties height thresholds of 6 feet in year 5 and 8 feet in year 7 (2016 Mitigation Update Guidance). Response: Baker has revised this section to use the mountain county thresholds as recommended. However, we still maintain that any understory/shrub species planted would not be expected to obtain those heights and should be excluded from the average calculation. Baker also notes that the oaks and the persimmon are traditionally slower growing and would hope that a certain leniency might be applied to their height requirements in the future. Page 8-4, Table 8.1 Please note that bankfull events are to occur in separate years. Response: Revised as recommended. b. Table 5.1 lists cross sectional surveys as the monitoring measurement tool for aquatic habitat. Please confirm and make tables consistent. Response: Cross -sectional surveys will be used to monitor the stability of the newly created pools and riffles; to confirm that pools are maintaining an appropriate depth and that riffles are not aggrading with sediment and burying the rock or wood substrate (i.e. that each of these distinct habitat features are being properly maintained). C. Please include the vegetation vigor performance standard. Response: The mountain vegetation vigor performance standards have been added to the text in Section 7.2 and to Table 8.1. Note that only volunteer species that are included on the approved mitigation plan plant list may count toward the vegetation performance standard. Response: This statement was added to the text, though in previous conversations with the IRT it had been stated that other species might be also allowed at the IRT's discretion provided they were considered appropriate for the vegetative community. 10. Page 8-6, Table 8.2 a. DWR recommends quarterly inspection of stage recorders and flow gauges to reduce the risk of data loss due to instrument malfunction. Response: Baker agrees and in practice routinely inspects and downloads all gauges during quarterly site walkovers. b. DWR recommends treating invasives at a minimum annually rather than a "case -by -case" basis. Response: Baker will inspect for invasives at every site visit and will treat annually and as needed. C. Please also include visual monitoring photo locations at proposed crossings. Response: Baker will include visual inspections and photos at all crossings. INTERNATIONAL Michael Baker Engineering, Inc. 8000 Regency Parkway, Ste. 600 1 Cary, North Carolina 27518 Office: 919.463.5488 1 Fax: 919.463.5490 11. Page 11-1, Table 11—There's a difference of 152 feet between restored and creditable stream footage for Reach R7. What is the stationing number start of the creditable stream footage? What is the proposed crossing width? Response: While the restoration work on Reach R7 begins at the very top at Station 10+00, the credited stream section begins at the easement boundary at Station 11+39.62, while the crossing width is 12 ft. Thus, the 152 ft difference between restored and creditable lengths. 12. Figure 12 - Please show existing onsite wetlands on Figure 12, as well as future monitoring report figures. Response: The existing wetlands have been added to Figure 12 and will be shown in future monitoring report figures. 13. Sheet 1A Please use consistent structure terms in the Stream Conventional Symbols and Details. Response: Baker has revised structure terms for consistency. b. General Note #7 states that six inches of topsoil will be placed on bankfull benches; however, Sheet 4-9 Note #6 states topsoil placement of at least eight inches. Please update for consistency. Response: Topsoil will be placed out onto benches at a depth of 8 inches. The 'General Notes' on Sheet 1A was revised accordingly. 14. Sheet 2A — Is the outlet protection detail being proposed for this project? Response: There is an outlet protection structure located on lower Reach R7 at Station 23+00 at a point of concentrated runoff from the adjacent field. 15. Sheet 2C — What species are anticipated to be transplanted onsite? Response: Tag alder is present in the small wooded pocket on upper Reach UT4B that Baker anticipates being able to transplant onsite. 16. Sheet 2F a. DWR requests plugs be a minimum of 50 feet wide. Response: The channel plugs are a minimum of 25 ft wide, as that is the width of the channel they are plugging, but are much wider in numerous locations on the project as appropriate. The plugs are located in the old channel at locations where the new alignment departs from the old channel alignment. But to be clear, the entire channel will be filled. Baker is confident that the channel plugs are appropriate as designed. b. Please include a channel fill detail. If partial ditch filling is proposed, please include a separate detail and indicate the maximum depth from top of bank to be filled. Response: Partial filling of the old channel is not being proposed here. It will be completely filled. A separate channel detail seems unnecessary and wouldn't show much useful information anyway, but an additional note has been added to the channel plug detail stating that the remainder of the channel will be completely filled. If this question is due to concern that deep pools are the design intention (as has been commented on during recent IRT meetings), that is not the case here. INTERNATIONAL 17. Sheet 4 Michael Baker Engineering, Inc. 8000 Regency Parkway, Ste. 600 1 Cary, North Carolina 27518 Office: 919.463.5488 1 Fax: 919.463.5490 a. Similar to DMS' comment, DWR is concerned about the long-term stability of the first meander [on R7], particularly since the easement boundary bisects the meander. Response: The first meander at the top of Reach R7 is located in a transitional section and is being elongated to create a more gentle bend from its current sharp -angled alignment, and has significant benching being established on the right bank. The new sinuosity designed here is in line with that rest of this reach. This section also has rock cross vane at the top to hold grade and a log vane at the start of the bend, and the meander is being heavily planted with a geolift that will establish thick root mass. These are all being done outside the easement to create a more stable, start to the credited section of reach below. Baker is confident these stream features will stabilize and provide long-term benefit to the project downstream. And of course it will be monitored for 7 years, giving us time to make any adjustment to any issues that come up, but we believe we have designed a stable meander. b. The Reach R7 easement break does not include a proposed ford or culvert structure. DWR has concerns about long-term stability of this stream segment without a reinforced/ protective crossing structure. If is ford will be proposed, please include a typical detail. Response: Reach R7 is a sizeable stream and as such the riffle rock proposed here will contain a mix of rock sizes (including some Class I stone), which should be more than adequate for any potential cattle crossing located here. The landowners are not currently pasturing cattle in the field to northwest and the crossing was added in the event that they do and thus need to rotate them down to the southern pasture. The previously assumed crossing location for such a pasture rotation would have been at the top of R7 outside the easement (the area discussed in the previous comment), which is within a bend and not an ideal location for such activity. Baker will monitor this break for any instability and make adjustments accordingly. c. DWR is concerned about potential impacts from livestock crossings if the easement break is not fenced. Response: Reach R7 is a sizeable stream and any permanent fencing installed within the crossing is certain to be periodically destroyed during significant rain events. This is an unfortunate side effect of working on larger streams. Baker discussed this issue at length with the landowners and their family who operate the farm (one of whom is an NRCS agent in Wilkes County) and they much prefer to use temporary fencing for any future potential cattle crossings during pasture rotation efforts. Baker will make sure the easement break boundary is clearly marked for this use. 18. Sheet 5 -As DMS noted, there is a large meander designed at the downstream end of UT4b as it enters R7. DWR is concerned about long-term bank stability at this confluence. Response: Baker acknowledges the concerns presented by reviewers but is confident that both the meander size and its alignment before and at the confluence with R7 is necessary to the long-term stability of the reach. As noted in the response to DMS, this meander falls on the cut floodplain of the new mainstem and crosses the existing old (very wide) channel where it will be filled. The outer (pool) bend of UT4b at Station -20+25 has been aligned perpendicular to the old filled channel and will have a geo-lift structure installed for increased stability at this important location. The alignment of the channel relative to R7 prior to the confluence, as well as the riffle tie-in location were deliberate choices meant to increase stability of this confluence. INTERNATIONAL 19. Sheet 7 Michael Baker Engineering, Inc. 8000 Regency Parkway, Ste. 600 1 Cary, North Carolina 27518 Office: 919.463.5488 1 Fax: 919.463.5490 a. DWR recommends a 30-foot setback of the proposed easement from the road culvert to avoid potential future transportation encroachment requests. Response: The conservation easement has already been purchased with the existing 15-foot setback from the road. Based on recent conversations with the IRT, Baker will work to include greater setbacks along roadways on future projects to help with DOT encroachment issues. b. The UT4A utility easement break does not include a proposed ford or culvert crossing. DWR has concerns about long-term stability of this stream segment without a reinforced/protective crossing structure. Additionally, will the proposed live stake installation be considered an access barrier by the utility provider? Response: The section of UT4A located along the utility easement break has a lot of exposed bedrock in the stream bed and should remain quite stable. Currently the stream banks here are fairly vegetated and stable and so there's no reason to believe that with deliberate effort we couldn't get them fully vegetated and stable after we excavate the bankfull bench. Baker has certainly established livestakes along streams within utility easements on other projects. 20. Sheet 8 —The stream restoration design for UT4b and UT5 appears to impact wetlands W-B and W-D. In the final mitigation plan please describe how the site's total wetland area will be maintained and no net loss of wetland will be documented. Response: The project as a whole is certainly expected to significantly increase the total area of wetlands both from the raising of stream bed elevations in sections of Priority 1 restoration, and from the extensive bench cutting in sections of Priority 2 restoration. The two largest wetlands on the project, W-A and W-C, will have no permanent impacts to them, and all wetland areas not directly impacted from the new stream alignment are currently fescue pasture and will be planted and protected within the conservation easement. The PCN will detail the exact extent and location of direct wetland impacts, but they'll be very minimal at around 1,061 ft' (or 0.02 ac). That includes W-D and the lower portion of W-B, both of which are located within the existing stream top -of -banks and appear to be old shallow stream benches that have been pulverized by cattle into muck. It seems entirely likely that with cattle exclusion alone these areas would naturally recover their form and likely lose JD features and their wetland status anyway. 21. Sheet 15 & 16 — Section 6.5.2 notes the planting of adjacent wetland areas within the easement; however, the planting plan does not currently indicate wetland planting. Please update the planting plan to reflect wetland area planting. Response: Virtually all of the species in the planting list are entirely suitable for planting in these small floodplain wetlands (black walnut being the only exception), and the total planted portions of the wetlands are only about 3,000 ft' (0.07 acres). Thus, a separate planting plan seems unnecessary. However, in practice, Baker routinely plants a number of different species in niche habitat locations on projects during supplemental plantings during the monitoring years. For example: hickories, holly, and hazelnut in isolated higher/drier areas, or buttonbush, yellow -root, and sweetspire in low/wet areas. 22. Please include a fencing specific sheet showing existing and proposed fencing, as well as anticipated locations of gates for site access by regulatory and stewardship staff. Response: The existing and proposed fencing is currently shown on the plan sheets. The existing fence (shown in gray) is old and in disrepair, and only exists in broken sections along R7 and no longer INTERNATIONAL Michael Baker Engineering, Inc. 8000 Regency Parkway, Ste. 600 1 Cary, North Carolina 27518 Office: 919.463.5488 1 Fax: 919.463.5490 functions to exclude cattle from the stream. The proposed fence is shown in black. The location of installed gates will be clearly marked in the as -built plan sheets for future reference. 23. For future site submittals, please show the plan view and corresponding profile on the same design sheet. Response: Baker will take that suggestion into consideration for future submittals. USACE Comments, Kim Browning: The correct USACE Action ID is SAW-2017-01503. Please correct the cover page. Response: Cover page was corrected. Please be advised that the USACE JD documentation lists the project as Action ID SAW-2018-00849, which is where the incorrect number came from. 2. Page 1-1: Please specify whether the 3,060 SMUs are cold, cool, or warm. Response: The text now states that the project provides cool stream credits, but note that the original RFP requested either warm or cool stream credits. Please add a veg plot along UT413, near the confluence with UT5, in the existing wetland area. Response: The area of that particular wetland (a linear drain swale) is only 600 ft' and is actually smaller than a veg plot. However, temporary vegetation transects can easily be run here periodically, and a random vegetation plot can be placed in this area for one of the monitoring years. Text was also revised in Section 3.2.3 to specifically acknowledge visual vegetation monitoring will be conducted in all pre -construction JD wetlands. 4. Section 4.1: Please specify if a culverted crossing will be installed in the powerline crossing on UT4A Response: As explained above in DWR Question 19b, no culvert will be installed at this location and the text was revised accordingly. 5. Section 6.5.2: Please add a description of how fescue will be treated. Response: Fescue will be sprayed prior to or concurrent with construction, as appropriate. Text has been revised accordingly. Section 6.7: This section would benefit if it contained more details. Attached is an example of project risks and uncertainties. I'm not suggesting that all of these will potentially affect your project, but this is the type of detail requested. Response: This section has been expanded as requested, though it appears most of these potential risks and provider responses had been addressed in other sections of the report such as in the Maintenance Plan found in Appendix E. Section 7.1.1: The four bankfull events in separate years must be documented on all reaches, not just R7. 30-days consecutive flow only applies to intermittent streams. Near continuous flow is expected on perennial streams. Response: This section was revised as requested. 8. Section 7.1.2: It may be beneficial to add a cross-section on UT5, north of the culvert crossing. Michael Baker Engineering, Inc. 8000 Regency Parkway, Ste. 600 1 Cary, North Carolina 27518 N T E R N A T 1 0 N A L Office: 919.463.5488 1 Fax: 919.463.5490 Response: Reach UT5 is a fairly small stream and Baker is confident that visual monitoring of this upper section will be adequate to confirm stability. Additional monitoring measures can be added should it prove necessary. 9. Section 7.1.2: Reach UT5 is described on page 6-9 as being a B-type channel. Please include a statement that the Entrenchment Ratio (ER) shall be no less than 1.4 for all measured riffle cross -sections on a given reach (for B channels). Please update Table 8.1 as well. Response: These sections were revised as requested. 10. Section 7.1.3: Why are pattern measurements only being calculated on R7? It appears that meanders/pattern are proposed on UT413. Response: This was an oversight and the text was revised to include UT4b as well. 11. Section 7.2: The vigor standard for mountain counties is 6' for monitoring year 5 and 8' for year 7. Since Table 6.7 indicates that Willow Oak and Persimmon will only account for 20% of the planted stems, so these species should be averaged into the plot data. Response: The revised species list now includes the addition of another slower growing tree (overcup oak), which when added with the willow oak and persimmon account for 25% of the planted species. Baker would consider that a significant enough portion of the overall planted stems that we would still request that they be removed from the height average assessment. The text was revised to simply acknowledge the slower growing species. a. Given that privet is heavy in some areas, please specify that invasive species will be treated so that they compose no more than 5% of the easement area. Response: Text revised as requested. b. Vegetation monitoring must be conducted for 7 years. Please remove the statement regarding monitoring may be terminated by year 5. Response: Baker opts to keep this statement here to provide the IRT with the potential future option to terminate early. It implies no obligation on anyone's part. C. Individual plot data for volunteer species should be provided separately. Volunteers will only be counted if they're on the approved planting list, and are present for at least two growing seasons. Response: The vegetation success tables provided in the monitoring reports do provide volunteer species data separately from the planted species. Text was revised to acknowledge the caveats for counting volunteers as well. d. Please add a statement that any single species can only account for up to 50% of the required number of stems within a veg plot, and stems in excess of 50% will not count towards success. Response: Text revised as requested. 12. Table 8.1: The Outcome of Reestablish forested riparian buffers - Volunteers will only be counted if they're on the approved planting list, and are present for at least two growing seasons. Response: Table was revised. 13. Appendix E: Please include maintenance of the culvert crossings and the ford. Response: Text revised as requested within the 'Farm Road Crossing' section. 14. The approach proposed on UT4A indicates that bank shaping will occur on 25% of the reach, and some in -stream structures will be installed. Please add a statement regarding bedform diversity in order to justify the functional uplift and a credit ratio of 1.5:1. Considering there is a lot of sand and silt in this system, the addition of wood would be beneficial. INTERNATIONAL Michael Baker Engineering, Inc. 8000 Regency Parkway, Ste. 600 1 Cary, North Carolina 27518 Office: 919.463.5488 1 Fax: 919.463.5490 Response: The discussion of the proposed enhancement of UT4a in Section 6.2 does mention the installation of in -stream structures for the purpose of improving bedform diversity through the promotion of pool formation. As the profile view for this reach shows, it's essentially one long riffle and the structures will provide for several deep pools. Additionally, Baker intends to incorporate woody debris in with the short sections of rock riffle to be built above the boulder step structures. This was used very effectively on other recent projects (most notably at Lochill Farm). 15. There is an existing wetland along UT5, south of the crossing. Will this entire wetland be within the easement? If not, will this area be fenced out from livestock to prevent them from wallowing in it and causing runoff into the easement? Response: Only about a quarter of this wetland is located within the easement. The remainder will not be fenced, though this wetland area does not have standing water and livestock do no currently congregate there, so it seems unlikely they would do so post -construction. Further, there is no concentrated flow present from this wetland going into the adjacent stream and the restored buffer should act as a treatment feature for any diffuse runoff from the adjacent pasture. 16. The large meander on UT413 near the confluence with R7 is concerning. I understand the reason for the tie-in at the riffle, but that much sinuosity in a flat area may cause overbank flow during heavy rain events, and may form a more direct approach towards R7. Response: Please see the response to similar question #18 from DWR above. But to your direct concern, during heavy rain events the dominant factor in any potential scouring or new channel formation would be the flooding from the much larger Reach R7. As such, the alignment of the meander on UT4B relative to both the old and new R7 channel locations provide it with improved stability compared to other potential design options here. 17. When submitting the PCN, please include an estimate of the number of trees, or acres, to be cleared for the NLEB 4(d) Rule. Response: Baker will provide that estimate with the PCN submission (See Section F of the PCN Additional Information form). This letter serves as the formal response to the NCIRT comments and shall be submitted in conjunction with the Final Mitigation Plan and the Pre -Construction Notification (PCN) for the Nationwide Permit (NWP) 27 application approval. If you any additional questions concerning the Final Mitigation Plan, please do not hesitate to contact me at 919-481-5731 or Scott.King@mbakerintl.com. As per DMS direction, we have included with this submittal two (2) full hardcopy sets of both the revised Final Mitigation Plan with IRT comments (including design plan sheets) and the completed PCN application, and will provide a full electronic copy via flash drive as well. Sincerely, Scott King, LSS, PWS Project Manager Stream Mitigation Plan — FINAL Whittier Creek Site — Option D Mitigation Project Surry County, North Carolina Yadkin River Basin: 03040101-110040 DMS Project ID No. 100020, DEQ Contract No. 7182, DEQ RFP #16-006993 USACE Action ID No. SAW-2017-01503 Prepared for: NC Department of Environmental Quality (DEQ) NC Division of Mitigation Services (DMS) 1652 Mail Service Center Raleigh, NC 27699-1652 Prepared by: I N T E R N AT 1 0 N A L This mitigation plan has been written in conformance with the requirements of the following: • Federal Rule for compensatory mitigation project sites as described in the Federal Register Title 33 Navigation and Navigable Waters Volume 3 Chapter 2 Section § 332.8 paragraphs (c)(2) through (c)(14). • NCDEQ Division of Mitigation Services In -Lieu Fee Instrument signed and dated July 28, 2010. These documents govern NCDMS operations and procedures for the delivery of compensatory mitigation. March 2020 MICHAEL BAKER ENGINEERING, INC. PAGE II WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) TABLE OF CONTENTS 1.0 PROJECT INTRODUCTION...................................................................................................................1-1 2.0 WATERSHED APPROACH AND SITE SELECTION......................................................................... 2-1 3.0 BASELINE AND EXISTING CONDITIONS......................................................................................... 3-1 3.1 WATERSHED PROCESSES AND RESOURCE CONDITIONS............................................................................ 3-2 3.1.1 Landscape Characteristics.................................................................................................................. 3-2 3.1.2 Land Use /Land Cover, Impacts, Historic, Current and Future......................................................... 3-5 3.1.3 Watershed Disturbance and Response................................................................................................. 3-6 3.2 REGULATORY REvIEw.............................................................................................................................. 3-7 3.2.1 Categorical Exclusion.......................................................................................................................... 3-7 3.2.2 FEMA Regulated Floodplain Compliance........................................................................................... 3-7 3.2.3 Section 404/401Permitting ................................................................................................................3-7 4.0 FUNCTIONAL UPLIFT POTENTIAL................................................................................................... 4-1 4.1 PROJECT CONSTRAINTS............................................................................................................................ 4-1 4.2 FUNCTIONAL UPLIFT SUMMARY............................................................................................................... 4-2 5.0 MITIGATION PROJECT GOALS AND OBJECTIVES...................................................................... 5-1 6.0 DESIGN APPROACH AND MITIGATION WORK PLAN................................................................. 6-1 6.1 PROJECT DESIGN APPROACH.................................................................................................................... 6-1 6.2 DESIGN MORPHOLOGICAL PARAMETERS.................................................................................................. 6-4 6.3 DESIGN DISCHARGE ANALYSIS............................................................................................................... 6-11 6.3.1 Bankfull Stage Discharge.................................................................................................................. 6-11 6.3.2 Bankfull Hydraulic Geometry Relationships (Regional Curve Predictions) ..................................... 6-11 6.3.3 Bankfull Discharge Summary and Conclusions................................................................................. 6-12 6.4 SEDIMENT TRANSPORT ANALYSIS.......................................................................................................... 6-13 6.4.1 Sediment Competency Analysis.......................................................................................................... 6-13 6.5 VEGETATION AND PLANTING PLAN........................................................................................................ 6-16 6.5.1 Existing Vegetation and Plant Community Characterization............................................................ 6-16 6.5.2 Proposed Riparian Vegetation Plantings.......................................................................................... 6-16 6.6 PROJECT WORK PLAN.............................................................................................................................6-18 6.7 PROJECT RISKS AND UNCERTAINTIES..................................................................................................... 6-19 7.0 PERFORMANCE STANDARDS............................................................................................................. 7-1 7.1 STREAM MONITORING.............................................................................................................................. 7-1 7.1.1 Bankfull Events and Flooding Functions............................................................................................. 7-1 7.1.2 Cross Sections...................................................................................................................................... 7-1 7.1.3 Longitudinal Profile and Pattern......................................................................................................... 7-2 7.1.4 Visual Assessment................................................................................................................................ 7-2 7.2 VEGETATION MONITORING....................................................................................................................... 7-2 8.0 MONITORING PLAN............................................................................................................................... 8-3 9.0 ADAPTIVE MANAGEMENT PLAN...................................................................................................... 9-1 10.0 LONG-TERM MANAGEMENT PLAN................................................................................................ 10-1 11.0 DETERMINATION OF CREDITS........................................................................................................ 11-1 12.0 REFERENCES......................................................................................................................................... 12-1 MICHAEL BAKER ENGINEERING, INC. PAGE III WHITTIERCREEKSITE- OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) APPENDIX A: (FIGURES, MAPS, AND SUPPLEMENTARY INFORMATION) APPENDIX B: (SITE PROTECTION INSTRUMENT) APPENDIX C: (CREDIT RELEASE SCHEDULE) APPENDIX D: (FINANCIAL ASSURANCE) APPENDIX E: (MAINTENANCE PLAN) APPENDIX F: (DWR STREAM IDENTIFICATION FORMS) APPENDIX G: (NC-SAM AND NC-WAM ASSESSMENT FORMS) APPENDIX H: (APPROVED JD AND WETLAND FORMS) APPENDIX I: (APPROVED FHWA CATEGORICAL EXCLUSION FORMS) APPENDIX J: (IRT CORRESPONDENCE) APPENDIX K: (PLAN SHEETS) MICHAEL BAKER ENGINEERING, INC. PAGE IV WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) LIST OF TABLES Table 3.1 Project Attributes for Existing Conditions Table 3.2 Summary of Field Investigations to Determine Intermittent/Perennial Status Table 3.3 Summary of Field Investigations to Jurisdictional Wetlands Table 3.4 Comparison of Monthly Rainfall Amounts for Project Site and Long-term Averages Table 5.1 Mitigation Project Goals and Objectives Tables 6.1a-b Reference Reach Parameters Used to Inform Design Tables 6.2a-d Stream Design Morphology Parameters Table 6.3 NC Rural Regional Curve Equations Table 6.4 Comparison of Bankfull Areas Table 6.5 Bankfull Discharge Analysis Summary Table 6.6 Competence Analysis Table 6.7 Proposed Bare -Root and Live Stake Species Table 6.8 Proposed Permanent Seed Mixture Table 8.1 Monitoring Plan Overview Table 8.2 Monitoring Requirements and Schedule Table 11.1 Project Components and Mitigation Credits Table 11.2 Length and Area Summations by Mitigation Category Table 11.3 Overall Assets Summary Table B.1 Site Protection Instrument Summary Table C.1 Stream Credit Release Schedule Table E.1 Routine Maintenance Components MICHAEL BAKER ENGINEERING, INC. PAGE V WHITTIERCREEKSITE- OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) LIST OF FIGURES Figure 1. Project Vicinity Map Figure 2. Watershed Planning Elements Map Figure 3. Adjacent Planning Elements Figure 4. Existing Conditions and Features Figure 5. Geologic Map Figure 6. Drainage Area and Land Use Map Figure 7. Soils Map Figure 8. FEMA Floodplain Map Figure 9A. Historical Aerial Image — 1950 Figure 913. Historical Aerial Image —1976 Figure 9C. Historical Aerial Image — 1993 Figure 10. LiDAR Map Figure 11. USGS Topographic Map Figure 12. Proposed Monitoring Features Figure 13. Project Asset and Credit Map MICHAEL BAKER ENGINEERING, INC. PAGE VI WHITTIERCREEKSITE- OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) 1.0 PROJECT INTRODUCTION The Whittier Creek Site — Option D Mitigation Project (project) is located on two abutting parcels of an active cattle farm in Surry County, North Carolina, approximately 7 miles east of the Town of Dobson in the Ararat community as shown on the Project Vicinity Map (Figure 1). To access the site from Raleigh, take Interstate I-40 West to Winston-Salem. Take Exit 206 for I-40 Business/US 421 N toward Kernersville/Winston-Salem Downtown. Continue to follow I-40 Business/US 421 N toward Kernersville/Winston-Salem Downtown 12.4 miles. Take Exit 6B. Merge onto NC-8 N/US-11N/US-52 N toward Mount Airy/Smith Reynolds/Airport. Continue to follow US-52 N for 25.1 miles. Take Exit 134 toward S Key Street. At the first traffic circle, take the 3,d exit onto S Key Street. At the next traffic circle, take the 1st exit onto NC-268 W/S Key Street. Continue to follow NC-268 W for 6.4 miles. Turn right onto Eldora Road. Follow Eldora Road for 0.6 miles and turn left onto Nurse Road. Follow Nurse Road for 1.8 miles and turn right onto Rock Hill Church Road. The project site will be located immediately on the right just past the intersection on Rock Hill Church Road. Coordinates for the center of the project are 36.3779 N Latitude,-80.5999 W Longitude. The project area lies within the Yadkin River Basin, Hydrologic Unit Code (HUC) 03040101-110040 (named the Bull Creek - Ararat River Watershed), which is identified as a Targeted Local Watershed (TLW) in the NC Division of Mitigation Services'(DMS) 2009 Upper Yadkin Pee -Dee River Basin Restoration Priorities (RBRP) report (Figure 2). The project is also located in the Division of Water Resources' (DWR) Sub -basin 03-07-03. The project is located on the edge of the Piedmont Physiographic Region, within the Northern Inner Piedmont ecoregion. The project watershed drains into Whittier Creek, which flows into Bull Creek, then into the Ararat River, which ultimately empties into the Yadkin River, which is a major drinking water source for downstream communities, counties, and urban areas. Whittier Creek and its tributaries are classified by NCDWR as Class "C" waters (NCDWR, 2019). The project will restore 3,073 linear feet (LF) of existing stream and enhance 328 LF of existing stream along a section of Whittier Creek and Unnamed Tributaries (UTs) to Whittier Creek in the Yadkin River Watershed. Historic agricultural use on the project site has been predominantly cattle and crop production. These activities have negatively impacted both water quality and streambank stability along the project stream and its tributaries. The resulting observed stressors include excess nutrient input, streambank erosion, sedimentation, livestock access to streams, channel modification, and the loss of riparian buffers. The outcomes of this project include: • Establishment of geomorphically stable conditions along all project reaches, • Address local water quality stressors by reducing nutrient and sediment inputs, • Restoration of natural stream and floodplain interactions, • Enhancement of riparian wetland functions, • Restoration and protection of riparian buffer functions and corridor habitat, • Improvement of in -stream aquatic habitat, and • Establishment of a permanent conservation easement on the entire project. The project is anticipated to generate a total of 3,060 cool stream mitigation credits (contracted for 3,000) and the site will be protected by a 6.97-acre permanent conservation easement (Appendix B). MICHAEL BAKER ENGINEERING, INC. PAGE 1-1 WHITTIERCREEKSITE- OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) 2.0 WATERSHED APPROACH AND SITE SELECTION The Whittier Creek Site — Option D Mitigation project is located in Surry County within the Bull Creek - Ararat River Watershed (03040101-110040) of the Yadkin River Basin (Figure 1), which is identified as a TLW (Figure 2) in DMS' 2009 Upper Yadkin Pee -Dee RBRP. The RBRP describes numerous aquatic stressors and habitat degradation from environmental conditions within the watershed, including: naturally erodible soils, erosion from land -disturbing activities (e.g. agriculture, logging, new home construction), excessive stormwater flow in urban and suburban areas, turbidity and fecal coliform violations from agriculture, and nonexistent or degraded riparian buffers along streams. The RBRP then outlines several primary watershed restoration goals to address these water quality stressors and habitat degradation. The Whittier Creek project will address three of these stated goals: the restoration of water quality and aquatic habitat in impaired stream segments; collaborative efforts with willing landowners to implement new stream, riparian buffer, and wetland restoration, enhancement, and preservation projects within TLWs; and the implementation of agricultural BMPs in order to limit inputs of sediment, nutrients and fecal coliform to streams from active farming operations. Additionally, the project is located within one of the ten watersheds identified in DMS' Ararat -Pilot Mountain Local Watershed Plan (LWP). The 2013 Watershed Management Plan for the LWP identified five major stressors to watershed functions: excess sediment in streams, lack of riparian buffers, excess stormwater runoff, excess nutrient inputs, and fecal coliform bacteria. The report then provides a list of management recommendations for each stressor. This project will implement several of those recommendations, including: stream, buffer, and wetlands restoration/enhancement projects; implementation of agricultural BMPs (especially livestock exclusion); the restoration and enhancement of riparian buffer corridors; and the protection of headwater streams. Thus, the Whittier Creek project will directly and/or indirectly address several of the priority stressors identified in the watershed planning documents discussed above, through the implementation of their recommended management practices. The project will reduce erosion and sedimentation by stabilizing eroding stream banks and reestablishing a floodplain to reduce scour pressure, will reduce nutrient and fecal coliform inputs through the exclusion of all livestock from the streams, will improve riparian buffer habitat with the establishment of a minimum 30-foot wide forested riparian corridor, and will enhance and preserve several wetland areas located within the floodplain. The entire project area will then be permanently protected through the establishment of a 6.97-acre conservation easement. In addition, the protection and restoration of the Whittier Creek site will assist in providing a geographical connection with three existing DMS projects, several other designated conservation areas, and numerous NC Natural Heritage Program (NHP) Significant Natural Areas, including the biodiversity priority area Pilot Mountain State Park (Figure 3). Therefore, the proposed project location aligns well with the overall goals and implementation needs outlined in DMS' RBRP and LWP planning documents. MICHAEL BAKER ENGINEERING, INC. PAGE 2-1 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) 3.0 BASELINE AND EXISTING CONDITIONS The Whittier Creek Site — Option D Mitigation Project is located in the Ararat community near the Town of Dobson in Surry County, North Carolina, within the Upper Yadkin Pee -Dee River Basin. The following sections will describe the existing conditions found on the project and include a description and history of the surrounding landscape and overall watershed land use and conditions, as well as a discussion of the specific environmental impacts and responses they have produced on the project. Table 3.1 below provides a summary of the key project attributes and individual reach parameters for the existing conditions on site. Existing stream lengths listed below include piped stream length. Table 3.1. Project Attributes for Existing Conditions Whittier Creek Site — Option D Mitigation Project — NCDMS Project No. 100020 Project Information Project Name Whittier Creek Site — Option D Mitigation Project County Surry Project Area (acres) 6.97 Project Coordinates (latitude and longitude) 36.3779 N,-80.5999 W Project Watershed Summary Information Physiographic Province Northern Inner Piedmont River Basin Yadkin Pee -Dee USGS Hydrologic Unit 8-digit 1 03040101 USGS Hydrologic Unit 14-digit 03040101-110040 DWR Sub -basin 03-07-03 Project Drainage Area (acres) 1,722 acres / 2.69 square miles (at downstream end of R7) Project Drainage Area Percentage of 0.95% impervious area Impervious Area USGS National Land Cover Database 82% developed (predominantly rural residential), 41.6% (NLCD) for 2011 cultivated crops and hay, 6.9% grass/pasture, 4.8% shrub/scrub, and 38.3% forested. Reach Summary Information Parameters Reach R7 UT4a UT4b UT5 Existing length of reach (linear feet) 1,462 338 764 765 Valley confinement (Confined, moderately Unconfined Moderately Unconfined Moderately confined, unconfined Confined Confined Drainage area (acres) 1,722 225 305 72 Perennial, Intermittent, Ephemeral Perennial Perennial Perennial Perennial NCDWR Water Quality Classification C C C C Stream Classification (existing / proposed) G4 & F4/C4 E4b/E4b E4 & B4 & G4c/C4 E4b/C4b IV— IV — Evolutionary trend (Simon) Degradation III— Degradation III — and Widening Degradation and Degrading Widening FEMA classification Zone X Zone X Zone X Zone X Regulatory Considerations MICHAEL BAKER ENGINEERING, INC. PAGE 3-1 WHITTIERCREEKSITE- OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) Regulatory Considerations Parameters Applicable? Resolved? Supporting Does? Water of the United States - Section 404 Yes Yes PCN Water of the United States - Section 401 Yes Yes PCN Endangered Species Act Yes Yes Categorical Exclusion Historic Preservation Act Yes Yes Categorical Exclusion Coastal Zone Management Act (CZMA or CAMA No N/A N/A FEMA Floodplain Compliance No N/A N/A Essential Fisheries Habitat I No N/A N/A Notes: 3.1 Watershed Processes and Resource Conditions 3.1.1 Landscape Characteristics The Whittier Creek Site — Option D Mitigation Project (project) is located on an active cattle farm in Surry County within the Bull Creek — Ararat River watershed of the Yadkin River Basin. The project is situated on the edge of the Piedmont Physiographic Region, within the EPA's Level IV Ecoregion 45e: Northern Inner Piedmont ecoregion (Griffith et al., 2002). This ecoregion tends to have higher elevations, more rugged topography, and more monadnocks than other areas of the Piedmont. Vegetation is dominated with pine forests on old field sites and pine plantations and mixed oak forests in more natural/less disturbed areas. Unlike nearby Ecoregions 45b and 45c, this region tends to contain more Virginia Pine (P. virginiana) and Chestnut Oak (Q. montana) and fewer shortleaf pines (P. echinata). Streams in this region also tend to have higher gradients and contain many mountain -type macroinvertebrate species than those found in the outer Piedmont, with cobble and gravel substrates more commonly observed. Elevations vary dramatically across this region, from 360 feet in the eastern portion to 2,035 feet along the western boundary with the Blue Ridge mountains, though this project is located in roughly the middle of that range at an elevation of approximately 1,000 feet. Field evaluations of intermittent/perennial stream status were conducted in the winter of 2016 and the spring of 2018. Wetland delineations were conducted on the site in April 2018. Results from these field reviews indicate that there are 3,329 linear feet of jurisdictional stream and approximately 0.153 acres of Jurisdictional wetland located within the project boundary and surrounding vicinity. Wetlands are classified as either headwater forest or bottomland hardwood forest (NC Wetland Functional Assessment Team, 2010). Differences between the two types of classifications are the result of the first and second -order nature of their adjacent streams. Wetlands are located in the floodplain and/or along the toe of adjacent slopes. Further information on the jurisdictional features can be found in Section 3.2.3 and in Appendix H. Field evaluations were based on the NCDWQ (now NCDWR) Methodology for Identification of Intermittent and Perennial Streams and Their Origins (v 4.11), the Corps of Engineers Wetlands Delineation Manual (1987), and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region (v2.0). Project Reach R7 is denoted as solid "blue -line" stream on the USGS Topographic Map (Mount Airy South and Siloam Quadrangles). Due to the large drainage area and obvious perennial status, a stream form was not completed for this reach. Table 3.2 and 3.3 present the assessed stream and wetland classifications for the project. See Figure 4 for a depiction of the Jurisdictional Waters. Field assessments were confirmed by the USACE in the Preliminary JD received on 6/27/2018 (See Appendix H). Copies of the completed classification forms are in Appendix F. MICHAEL BAKER ENGINEERING, INC. PAGE 3-2 WHITTIERCREEKSITE- OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) Table 3.2. Summary of Field Investigations to Determine Intermittent/Perennial Status Whittier Creek Site - Option D Mitigation Project - NCDMS Project No. 100020 Project Existing NCDWR Stream NCSAM Watershed Stream Status Reach Project Reach Classification Rating Drainage Area Based on Field Designation Length (ft) Score (acres)' Analyses R7 1,462 - Medium 1,722 Perennial UT4 (a & b) 1,102 38 Low 305 Perennial UT5 765 34.5 Low 72 Perennial Note 1: Watershed drainage area was estimated using the online USGS StreamStats program, as well as topographic and LiDAR information at the downstream end o each reach. Table 3.3. Summary of Field Investigations to Jurisdictional Wetlands Whittier Creek Site - Option D Mitigation Project- NCDMS Project No. 100020 Existing Wetland Area Classification Project Wetland Within Designation Total (ac) Conservation NCWAM NCWAM Easement (ac) ClassificationCowardin Rating W-A 0.068 0.016 Headwater Forest Low PEMI 0.041 0.039 Bottomland PEM1 W-B Hardwood Forest Low W-C 0.039 0.029 Bottomland Low PEM1 Hardwood Forest W-D 0.006 0.006 Headwater Forest Low PEM1 C Wetland Functional Assessment Team, 2010 & FGDC, 2013 Climatic Conditions The Mt Airy 2W (Station ID 315890) weather station in Surry County is located approximately 11.5 miles northwest of project site. This Station lists the average annual rainfall for the surrounding area as 49.05 inches, based on data collected from 1998 - 2018 as shown below in Table 3.4 along with the monthly historic averages. This station, along with another nearby station (CoCoRaHS: NC-SR-2 - Dobson 2.3 SE) will be used to determine departures from normal rainfall amounts throughout the project. As reported in the Surry County Soil Survey, the growing season for the site is 200 days in length and begins on April 8 and ends on October 26, using the 50% probability data for a temperature of 28' F or higher (MRCS, 2007). Table 3.4. Comparison of Monthly Rainfall Amounts for Project Site and Long-term Averages Whittier Creek Site - Option D Mitigation Project - NCDMS Project No. 100020 Month- Year Mount Airy Station Average Monthly Precipitation (in) 30% Probability Precipitation is less than in 30% Probability Precipitation is more than in January 3.68 2.41 4.42 February 2.70 1.81 3.23 March 3.96 2.84 4.68 April 4.24 2.96 5.03 May 4.54 2.84 5.49 June 4.79 3.21 5.74 July 5.35 3.56 6.41 August 4.77 3.32 5.67 September 4.53 3.41 5.29 October 3.33 2.20 1 3.99 November 3.11 1.82 1 3.78 MICHAEL BAKER ENGINEERING, INC. PAGE 3-3 WHITTIERCREEKSITE- OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) December 4.06 2.99 4.76 SUM 49.05 43.77 53.29 Geology and Soils Geologically, the Whittier Creek Site is located within the Sauratown Mountain Anticlinorium of the Inner Piedmont Belt (NCGS,1985) as shown in Figure 5. This inner belt is the most intensely deformed and metamorphosed portion of the Piedmont and contains highly metamorphic rock formations that have been bent and folded into synclines and anticlines, while the Sauratown Mountain Anticlinorium is a northeast -trending foliation arch composed of several smaller formations. The Whittier Creek site is underlain by a formation consisting of metagraywacke (biotite gneiss) interlayered and gradational with amphibolite and kyanite schist, along with minor ultramafic and granitic rock intrusions. Deeper below the site a banded gneiss formation can be found interlayered with calc-silicate rock, metaconglomerate, amphibolite, sillimanite-mica schist, and granitic rock. The geology underlying a stream can influence its chemical composition, as a significant volume of stream discharge originates as groundwater, especially during periods of low precipitation. The groundwater originating from the biotite gneiss found beneath the Whittier Creek Site is generally expected to be slightly alkaline with moderate levels of dissolved solids from the minerals in the formation (Daniel and Dahlen, 2002). The project site is located within the Felsic Crystalline Soil System of the Piedmont Soil Region of North Carolina (Daniels et al., 1999), formed primarily in residium saprolite from the underlying bedrock metamorphic or igneous parent materials. In this northwestern portion of the Piedmont, silty to clayey saprolite and micaceous -clay to silty -clay saprolite are commonly found from the weathered gneiss, schists, and amphibolite of the underlying bedrock. Topographically, broad gently sloping uplands are common in this region with moderately to steeply sloping areas with narrow convex ridges and steep valley slopes along branching, dendritic stream patterns. Finer -textured soils typically dominate the uplands, while more coarse -loamy soils are commonly found throughout the floodplains. The specific soils located on the Whittier Creek Site as determined though the Natural Resources Conservation Service (MRCS) Soil Survey for Surry County are dominated by Colvard fine sandy loam (Typic Udifluvents) and Suches loam soils (Fluventic Dystrudepts) found throughout the floodplains of the project (Figure 7). Both of these are common series consisting of very deep, well drained soils more frequently found in the floodplains of the southern Appalachian Mountains, but certainly not unusual to be found in the far western portion of the Piedmont. Neither series is an NRCS-listed hydric soil for Surry County. The adjacent uplands are dominated by Fairview sandy clay loam soils (Typic Kanhapludults), another common series consisting of very deep, well drained soils frequently containing cobbles, found along the hills and ridges of the Piedmont uplands. Other upland soils found adjacent to the site include the Rhodhiss-Bannertown complex and the Toast-Bannertown complex. These soils are also deep, well drained loamy or coarse sandy loamy commonly found throughout the Piedmont uplands. Visual inspections of the stream substrate materials were conducted for the entire site, while bed material sample collection and analysis was conducted along Reaches R7, UT4a, UT4b, and UT5 in the locations of surveyed cross sections. The project streams consist primarily of a mix of fine to medium sand to large cobble. The D50 values across the site range from 6.4 mm to 40.6 mm, with an average D50 of 24.4 mm, as explained in further detail in Section 6.4. Due to channelization and the resulting downcutting from headcut migration, Reach UT4a has bedrock knickpoint controlling the channel grade and defines the reach break at UT4b. Topography The general topography within the project's 2.69 square mile drainage area is typical of much of the western portion of the inner Piedmont. The surrounding terrain is rugged with steep hills and ridges overlooking fairly narrow stream valleys. The average elevation of the drainage area is 1,130 feet, MICHAEL BAKER ENGINEERING, INC. PAGE 3-4 WHITTIERCREEKSITE- OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) with a minimum elevation of 987 feet and a maximum elevation of 1,310 feet. The topography of the project site itself and its immediate surrounding area is very similar, with adjacent moderate to steeply - sloped hills overlooking the project streams and floodplain. The project valley slope varies for each reach valley as R7 (Whittier Creek) is fairly gentle with a 0.6% slope, while the valley slopes for UT4a, UT4b, and UT5 are significantly steeper with 2.6%, 1.9% and 2.6% slopes respectively. The project area within the easement has a high -point elevation of 1,016 feet and a low -point elevation of 987 feet. Figures 10 and 11 depict the topography for the project site and the surrounding drainage area. Existing Vegetation: Vegetation on the project site itself has been heavily disturbed from years of use in agriculture. Currently the site is predominantly managed as cattle pasture and some cropland and largely consists of a range of typical pasture grasses (fescues and clovers) with scattered weeds and other common herbaceous species present such as bittercress (Cardamine hirsute), docks (Rumex spp.), common violet (Viola sororia), chickweed (Stellaria media), lyre sage (Salvia lyrata), plantains (Plantago spp.), and dandelions (Taraxacum offciniale), with soft rush (Juncus effusus) and jewelweed (Impatiens capensis) found in wetter areas. A very narrow buffer of trees is present along most of Reach R7 (Whittier Creek) and along a short section of Reach UT4b. The trees present on site consist primarily of chinaberry (Melia azedarach), Chinese privet (Ligustrum sinense), sycamore (Platanus occidentalis), green ash (Fraxinus pennsylvanica), black willow (Salix nigra), and tulip poplar (Liriodendron tulipifera), along with some scattered black walnut (Juglans nigra), persimmon (Diospyros virginiana), river birch (Betula nigra), red maple (Acer rubrum), red cedar (Juniperus virginiana), and black cherry (Prunus serotina). Blackberry (Rubus spp.), multi -flora rose (Rosa multiflora), and elderberry (Sambucus canadensis) are found scattered throughout the understory as well. Looking farther out at the entire project drainage area, the existing vegetative community outside the cultivated agricultural land is dominated by Dry-Mesic Oak -Hickory Forest (Schafale and Weakley, 1990) comprised of a mixture of white oak (Quercus alba), northern red oak (Quercus rubra), black oak (Quercus Velutina), mockernut hickory (Carya tomentosa), red hickory (Carya ovalis), and pignut hickory (Carya glabra), with various pines (Pinus spp.), tulip poplar (Liriodendron tulipifera), and sweetgum (Liquidambar styrac flua) also found. Common understory species include Red maple (Acer rubrum), American Holly (Ilex opaca), Blackgum (Nyssa sylvatica), sourwood (Oxydendrum arboreum), and American beech (Fagus grandifolia), along with various Viburnums and Vaccinium shrub species. Along the warmer and drier south -facing slopes in the area, additional species may also be found, including post oak (Quercus stellata), Virginia pine (Pinus virginiana), shortleaf pine (Pinus echinata), white ash (Fraxinus americana), and red cedar (Juniperus virginiana). Notable invasive species present on the site include Chinaberry (Melia azedarach), Chinese privet (Ligustrum sinense), and multi -flora rose (Rosa multiflora) found scattered along the banks and within the riparian buffers of the project streams. 3.1.2 Land Use / Land Cover, Impacts, Historic, Current and Future Relevant land use / land cover and their impacts were investigated for the project and surrounding watershed through landowner discussions, a review of historic aerial photographs, GIS analysis using historic datasets, and field reconnaissance. Based on landowner conversations, historic agricultural uses on the project site itself included cattle production and row crops. These activities have negatively impacted both water quality and streambank stability along the project streams and their tributaries. The resulting stressors include excess nutrient input, streambank erosion, sedimentation, livestock access to streams, channel modification, and the loss of riparian buffers. The USGS National Land Cover Database (NLCD) for 2011 shows that the entire 2.69 square mile (1,722 acres) project drainage area was 8.2% developed (with 0.95% being impervious surface), 41.6% cultivated crops and hay, 6.9% grass/pasture, 4.8% shrub/scrub, and 38.3% forested as shown in Figure MICHAEL BAKER ENGINEERING, INC. PAGE 3-5 WHITTIERCREEKSITE- OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) 6. The 1992 NLCD data states that the area was 43.7% cultivated crops and hay, and 56.1% forested. The percentage of all developed land -use categories combined was rated as 2.5% in the 1992 evaluation. Thus, it appears that an increase in the clearing of forested land for development and agriculture occurred over that 19-year period. For comparison, the 2009 Upper Yadkin Pee -Dee RBRP describes the overall, Bull Creek — Ararat River watershed (16 square mile) as being similar with approximately 34% forested area and 44% in total agriculture, and 22% non -forested riparian areas. Thus, it appears that the greater watershed is similar to the project drainage area, but with increased development at the expense of forested land. Historic aerial photographs from 1950, 1972, and 1993 were reviewed for the project and its surrounding area (Figures 9A, 913, and 9C). They reveal a project area that has been cleared and streams that have been straightened with consistent agricultural land use activities dating back to the earliest photograph. The project area itself is readily identifiable in all historic aerials with little change over the past sixty-nine years, other than R7 trying to reestablish a sinuous pattern and slight conversion of various forested areas to individual agriculture fields. Based on these historical aerials, the lack of sinuosity, and the level of channel incision throughout much of stream, it is highly likely that Reach R7 (Whittier Creek) was channelized prior to 1950 and has lacked a wooded buffer since that time. The tributaries to Reach R7 have also been historically impacted. These impacts range from the removal of stream buffer, installation of culverts, and livestock impacts. These reaches have also likely been straitened and moved to the edge of the valley. While the percent of forested land within the watershed is decreasing and the percent of developed and agricultural lands are increasing, the watershed as a whole did not show any dramatic changes in overall land use since the earliest photo from 1950. It was, and remains, a predominantly rural area with slightly changing land uses over time. The history of the land use and land cover of the site and surrounding watershed indicates that significant impacts to water quality have occurred, certainly resulting in increases in erosion, sedimentation, and nutrient inputs to the streams, and decreases in stream and riparian habitat and function. Currently, the project is an active farm with approximately 14.3 acres of crop production and 19 acres of pasture. Livestock have unrestricted access to the entire length of UT5 and approximately 50% of both R7 and UT4b. The upstream extents of each of the project reaches begins at a North Carolina Department of Transportation culvert. Two overhead utility lines are located within the project area. One of them runs parallel to Nurse Road and crosses Reach R7 at the upstream extent. The other crosses UT4 at the reach break between UT4a and UT4b and then midway along UT5. However, their locations lie either outside the easement boundary or within easement breaks and should not affect the project. The future for the project watershed will likely remain undeveloped and rural in nature with large amounts of forested cover included in the agricultural landscape. 3.1.3 Watershed Disturbance and Response The watershed disturbances are described above and include the removal of wooded buffers, livestock impacts, channelization, ditching and installation of culverts. Whittier Creek (R7) has responded to these disturbances by becoming severely incised and is laterally eroding as well. UT4 and UT5 have also become unstable. The upstream extents of these reaches are not as incised as the downstream ends. However, they still exhibit active bank erosion. Streambanks are mostly vertical with large areas of scour and mass wasting exacerbated by cattle impacts. The lack of woody and deep rooting vegetation along project reaches have allowed for accelerated bank migration. The channel incision and associated decrease in overbank flooding frequency has likely resulted in a lowered water table. The project reaches have been heavily impacted from historic land use practices, predominantly livestock production and other agricultural uses. Within the project area, all of the reaches have inadequate (less than 30 feet wide), low quality riparian buffers containing sparse, immature trees, and invasive species. Figure 4 shows the most recent aerial photography with clearly narrow and/or absent riparian buffers. Livestock hoof shear, lack of deep-rooted woody vegetation, and storm flow shear MICHAEL BAKER ENGINEERING, INC. PAGE 3-6 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) stresses have severely impacted the stream banks along the project stream reaches. From visual inspections both on the ground and from aerial photography, many of the streams within this watershed are in a similar condition. 3.2 Regulatory Review 3.2.1 Categorical Exclusion The National Environmental Policy Act of 1969 (NEPA) requires agencies to use an interdisciplinary approach in planning and decision -making for actions that will have an impact on the environment. The Federal Highway Administration (FHWA) and NC Department of Transportation (NCDOT) have determined that DMS projects will not involve significant impacts and therefore a Categorical Exclusion (Cat Ex) is the appropriate type of environmental document for this project. FHWA has also determined that stream restoration projects are considered land disturbing activities; therefore, Parts 2 and 3 of the DMS Cat Ex checklist and a summary of the findings applicable to the environmental regulations associated for this project are included. The Cat Ex for the Whittier Creek Site — Option D Mitigation Project was approved by FHWA and NCDMS on February 5, 2018. The Cat -Ex summarized impacts to natural, cultural, and historical resources and documented coordination with stakeholders and federal and state agencies. All documentation for the Cat Ex is included in Appendix I. 3.2.2 FENU Regulated Floodplain Compliance The Whittier Creek Site — Option D Mitigation project is in FEMA Zone X as noted on the Surry County Flood Insurance Rate Map Panels 3710592600J and 3710592400J (Figure 8). The topography of the site and location in the upper watershed supports the design without creating the potential for hydrologic trespass. 3.2.3 Section 404 / 401 Permitting The proposed project area was reviewed for the presence of jurisdictional wetlands and waters of the United States in accordance with the provisions of Executive Order 11990, the Clean Water Act, and subsequent federal regulations and guidance. The areas in the project boundaries that displayed one or more wetland characteristics were reviewed to determine the presence of wetlands. The wetland characteristics include the prevalence of hydrophytic vegetation, permanent to periodic inundation or saturation, and the presence of hydric soils. Following a desktop review of the National Wetland Inventory (NWI), NRCS soil survey, and USGS quadrangle maps, the project area was evaluated in the field for the presence of jurisdictional features. Baker wetland scientists conducted field surveys of the project area on April 9, 2018 to investigate potential wetlands, while field surveys had previously been conducted on December 12, 2016 to confirm the perennial and intermittent status of jurisdictional streams in the project area. In total, the field surveys confirmed the jurisdictional status of the three project streams (four reaches), along with four separate jurisdictional wetland areas, which were subsequently flagged, surveyed, and mapped as shown in the documentation found in Appendix H. All wetland areas have had impacts to vegetation and are almost entirely devoid of trees, each scoring a `Low' rating in NCWAM. These jurisdictional features were confirmed in the field by the USACE in May of 2018, and a Preliminary Jurisdictional Determination (PJD) letter was received on June 27, 2018. A copy of the PJD is provided in Appendix H, along with all the associated USACE wetland data forms. The NCDWR stream identification forms are provided in Appendix F. The proposed mitigation design will enhance the identified jurisdictional wetlands areas through the restoration of a more natural flooding regime, planting native wetland vegetation, and by raising their water table. The design avoids or minimizes disturbance or impacts to the wetlands during project construction wherever possible. Wetland credit is not being sought for this project. Any ecological and/or hydrologic uplift to wetland features will be perceived solely as a positive outcome for the MICHAEL BAKER ENGINEERING, INC. PAGE 3-7 WHITTIERCREEKSITE- OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) overall project's success. Visual inspection of the pre -construction JD wetlands will be conducted throughout the monitoring period to evaluate the success of the re-establishment of vegetation. A copy of the Pre -Construction Notification (PCN) will also be provided with the Final Mitigation Plan. MICHAEL BAKER ENGINEERING, INC. PAGE 3-8 WHITTIERCREEKSITE- OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) 4.0 FUNCTIONAL UPLIFT POTENTIAL Current stream and watershed conditions within the project site as well as throughout the Whittier Creek watershed described in previous sections allow for functional improvements at this site. Channel incision, removal of riparian buffer, and livestock impacts are the predominant impairments within the project reaches and have contributed to the overall degradation of the local ecosystem due to a lack of floodplain connectivity, minimal bedform variation, and high amounts of sediment inputs from bank erosion. The uplift for these project reaches will be achieved at the hydraulic and geomorphological functional levels. Hydraulic improvements will come from reintroducing bankfull flows to the historic floodplain through Priority I Restoration along UT4b and UT5, and by excavating a bankfull bench along R7 through a Priority II Restoration. Reestablishing floodplain connectivity will allow stream flows to access the floodprone area more frequently and return a hydraulic routing system through this stream corridor that will distribute flood flows through a broader area instead of within a confined channel. Geomorphological functional uplift will be achieved through channels sized to the bankfull flow, a planform and profile design emphasizing bedform variation with high amounts of woody debris for bank protection and habitat, and the reestablishment of a forested riparian corridor. As a result, bank migration and lateral stability will be restored to a sustainable level and the banks and bed will accommodate design flows in a stable manner. Sediment inputs will decrease due to reduced bank erosion and sediment transport can return to a stable level that will accommodate watershed inputs. Riparian plantings will further support geomorphological functionality by increasing bank stability. Consideration of future impacts to the area that could limit functional uplift opportunities is important when assessing project potential. As mentioned in previous sections, the project exists within a rural area where agriculture is the primary land use. Substantial changes to the surrounding area are not expected. The watershed will experience minimal change in the future; therefore, the hydrology of the site will likely remain unchanged as well. 4.1 Project Constraints The principle constraints to achieving maximum uplift potential for the project are related to upstream and off - site issues, as these existing upstream conditions within the project watershed will have significant impacts to potential physicochemical and biological improvements. Examples of upstream water quality issues include nutrient and sediment loading, and the presence of diverse biology near the site to repopulate the improved habitat. Additional project constraints are the necessity of stream crossings and easement breaks. There are two power line easements that transect the project. One crosses at the downstream extent of UT4a and mid -way along UT5. Conservation easement breaks will be incorporated in these areas to allow for the exclusion of the power line easement. In order to minimize additional breaks in the conservation easement, a culverted crossing will be installed within the power line easement along UT5. This crossing will allow the landowners access to different parts of their properties and rotate livestock without disturbing the restored stream or the riparian areas. The crossing at UT4a is located in a section of stream with substantial bedrock present in the bed to help ensure long-term channel stability. The other power line easement crosses R7 in the upstream extent just below Nurse Road and will be also excluded from the conservation area. One ford crossing will be installed on R7 upstream of the confluence with UT4b to allow for cattle rotation between pastures. Though no credit is being sought for any of these breaks, restoration and enhancement measures will continue through these sections to ensure the long-term success of the project. No additional crossings or conservation easement breaks are proposed. Existing NCDOT culverts are located at the head of R7, UT4a, and UT5. In order to maintain aquatic passage while allowing for the implementation of stabilization measures, Priority II transitions will be implemented to tie the proposed streambed elevations into the existing elevations as appropriate. MICHAEL BAKER ENGINEERING, INC. PAGE 4-1 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) 4.2 Functional Uplift Summary Substantial functional uplift for the Whittier Creek Site — Option D Mitigation project is expected and is described in detail above. Improvements to site hydraulics and geomorphology will be clear and measurable post -construction, while improvements to other functions such as physicochemical and biological may not be as easily determined and can be greatly affected by offsite conditions. Since only the hydraulics and geomorphology of the project streams are being directly measured, project goals are primarily linked to these functions. While project vegetation will also be monitored and can be linked to biological and physicochemical uplift these parameters are more difficult to directly measure. Table 5.1 summarizes the project goals and objectives that will lead to functional improvements and the monitoring tools that will be used to track these changes to the site. MICHAEL BAKER ENGINEERING, INC. PAGE 4-2 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) 5.0 MITIGATION PROJECT GOALS AND OBJECTIVES The goals and objectives for the Whittier Creek Site project are detailed below in Table 5.1. They represent the logical conclusion to the previous discussions of current site conditions and historic use, watershed disturbance and response, and the functional uplift potential for the project. The listed goals are broad statements about intended project accomplishments and are consistent with the identified watershed priorities as outlined in the Watershed Approach and Site Selection discussion in Section 2. By comparison, the objectives and outcomes are intended to be more specific and measurable, and represent direct steps towards accomplishing the associated goal. The project objectives will have performance standards and success criteria associated with them as described later in Section 7 of this report and will be evaluated throughout the monitoring phase of the project. Table 5.1 Mitigation Project Goals and Objectives Whittier Creek Site — Option D Mitigation Project — NCDMS Project No. 100020 Goals Objectives Functional Level Monitoring Measurement Tool To raise channel beds or excavate Reconnect bankfull floodplains by utilizing stream reaches either a Priority I Restoration Hydraulics Flood Frequency to their approach, Priority II Restoration floodplains approach, or an Enhancement Level I approach. To construct streams of appropriate dimensions, pattern and profile in Improve stream restored reaches, slope stream banks Cross -Sectional Survey stability and provide bankf ill benches on Geomorphology Visual Inspection enhanced streams, and utilize bio- engineering to provide long term stability. Construct an appropriate channel morphology to all streams increasing Improve the number and depths of pools, Cross -Sectional Survey aquatic habitat increasing the amount of woody Geomorphology Visual Inspection debris with structures including geo- lifts with brush toe, log vanes/weirs, root wads, and/or J-hooks. Reestablish Establish riparian buffers at a 30-ft forested nummum Width along all stream Geomorphology Vegetation Plots riparian buffers reaches, planted with native tree and Visual Inspection shrubspecies. Establish a permanent conservation Permanently easement restricting land use in protect the perpetuity. This will prevent site Geomorphology Visual Inspection project disturbance and allow the project to mature and stabilize. MICHAEL BAKER ENGINEERING, INC. PAGE 5-1 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) 6.0 DESIGN APPROACH AND MITIGATION WORK PLAN 6.1 Project Design Approach The selection of project design criteria was based on a combination of approaches, including a review of applicable streams from a reference database, regime equations, evaluation of monitoring results from numerous past projects, and best professional judgment. Evaluating data from previous reference reach surveys and the monitoring results from multiple NC Foothills projects provided the most pertinent background information to determine the appropriate design parameters given the existing conditions and overall site functional uplift potential. The design parameters for the site also took into consideration current guidelines from the USACE and NCDMS. While reference reach data can be a useful aid in designing channel dimension, pattern, and profile, there are limitations in smaller stream systems. The flow patterns and channel formation for most reference reach quality streams is often controlled by slope, drainage areas, and larger trees and/or other deep-rooted vegetation. Some meander geometry parameters, such as radius of curvature, are particularly affected by vegetation control. Pattern ratios observed in reference reaches may not be applicable or are often adjusted in the design criteria to create more conservative designs that are less likely to erode after construction, before the permanent vegetation is established. Reference reach data was used to provide additional confidence in the design parameters chosen but not used as the only basis for design parameter selection. Baker selected reference reaches from the NCDOT database. These reference reaches have successfully been used on similar stream restoration projects within the low mountains and foothills of North Carolina. Additionally, reference parameters from Baker's internal database based on successful past projects were consulted and analyzed. The data shown on Table 6.1 helped to provide a basis for evaluating the project site and determining the stream systems that may have been present historically and/or how they may have been influenced by changes within the watershed. The reference sites used for the design of this project are similar in landscape setting as the Whittier Creek Project site. As with the Whittier Creek site, both the Basin Creek and Big Branch sites are situated close to the border between the Piedmont and Blue Ridge ecoregions. More specifically, both Whittier Creek and Big Branch are located within the Northern Inner Piedmont ecoregion, while Basin Creek is within the Southern Crystalline Ridges and Mountains ecoregion of the Blue Ridge. The Basin Creek site is in neighboring Wilkes County and the Big Branch Site is in Surry County. These two reference sites were used to compare to the Baker Composite Reference Data in determining design criteria for reaches R7, UT4b, and UT5. Table 6.1a Reference Reach Parameters Used to Inform Design Whittier Creek Site - Option D Mitigation Project - NCDMS Project No. 100020 Parameter Basin Creek gig Branch Baker Composite Reference Data Min Max Min Max Min Max County Wilkes Surry Stream Type C4 E4 C4 Drainage Area- square miles 7.2 1.9 Bankfull Width (wbkf) - feet 29.5 36.9 19.3 21.5 Bankfull Mean Depth dbkf - feet 1.9 2.2 1.8 2.1 Width/Depth Ratio (w/d ratio) 13.4 19.42 9.2 11.9 10.0 1 15.0 Cross sectional Area (Abkf) - SF 64.9 71.9 39.6 39.9 Bankfull Mean Velocity (vbkf) - fps 5.5 N/P 3.5 5.0 Bankfull Discharge bkf - cfs 375 N/P Bankfull Max Depth dmbkf - feet 3.0 3.2 2.5 1 2.7 MICHAEL BAKER ENGINEERING, INC. PAGE 6-1 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) Table 6.1a Reference Reach Parameters Used to Inform Design Whittier Creek Site - Option D Mitigation Pro ect - NCDMS Pro*ect No. 100020 Basin Baker Composite Big Branch Parameter Creek Reference Data Min I Max Min Max Min Max dmbkf / dbkf ratio N/P N/P 1.2 1.5 Low Bank Height to dmbkf Ratio N/P N/P 1.0 Floodprone Area Width wf a - feet 329 130 Entrenchment Ratio (ER) 8.92 6.05 6.74 Meander length L„ - feet 350 185 260 Ratio of meander length to bankfull width Lin/Wbkf 10.54 9.1 12.8 7.0 14.0 Radius of curvature (Re) - feet 40.1 1 69.3 42.3 63.1 Ratio of radius of curvature to bankfull width Re / Wbkf 1.54 2.1 3.1 2.0 3.0 Belt width (wbh) - feet 59 1 75 30.5 44 Meander Width Ratio (WbldWbkf) 1.78 2.26 1.5 2.2 3.5 8.0 Sinuosity (K) Stream Length/ Valley N/P 1.1 1.2 1.4 Distance Valley Slope - feet per foot N/P N/P 0.005 0.015 Channel Slope (Schannel) - feet per foot .0144 0.009 Pool Slope (sp.) - feet per foot .0019 N/P Ratio of Pool Slope to Average Slope 0.13 N/P 0.00 0.20 (Spool / Schannel) Maximum Pool Depth (d ooi) - feet 4.1 5.2 3.5 4.1 Ratio of Pool Depth to Average Bankfull Depth d ool/dbkf 2.0 2.54 1.79 2.1 1.5 3.5 Pool Width wool -feet 35 68 19.7 18.5 Ratio of Pool Width to Bankfull Width (W ool / Wbkf) 1.52 0.91 0.97 1.2 1.7 Pool Area (Apool) - square feet 89.3 T132.5 51 54.5 Ratio of Pool Area to Bankfull Area (A ool/Abkf) 1.6 1.33 Pool -to -Pool Spacing - feet 271 334 97.5 179.8 Ratio of Pool -to -Pool Spacing to Bankfull Width - /Wbkf 8.16 10.06 4.78 8.81 3.5 T7.0 Riffle Slope (sniffle) - feet per foot 0.02 0.015 0.019 Ratio of Riffle Slope to Average Slope (Sniffle/ Sbkf) 1.39 1.67 2.11 1.2 1.5 d16-min 0.17 0.13 d35 - min 29 0.3 d50 - min 58 1.9 dsa - min 180 50 d95 - min 300 100 Notes: Basin Creek and Big Branch from NC Department of Transportation, Reference Reach Database N/P: Data was not provided in the NCDOT reference reach database Values in this chart were rounded and may differ very slightly from actual values. MICHAEL BAKER ENGINEERING, INC. PAGE 6-2 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) Additionally, some profile reference reach parameters were taken from the Micky Reach site, which is a 134 stream type. While no project reaches will be designed as strictly B stream types, UT5 is designed as a C4b and the facet slopes and pool to pool spacing for a B stream type are appropriate to use for a C4b. The Micky Reach site is a tributary to the Mitchell River located in Surry County. Like the Whittier Creek site, Micky Reach is also within the Northern Inner Piedmont ecoregion. It was a restoration site constructed in 2003. The as -built field surveys for Micky Reach were completed in 2003 and the site was visited annually for monitoring purposes until 2007, though periodic field visits have been made since. It was determined that the site has remained stable and is a viable reference reach site. The survey data shown here were used to evaluate the natural channel parameters describing the dimension, pattern, and profile of the reach for design parameter consideration purposes. Table 6.1b Reference Reach Parameters Used to Inform Design Whittier Creek Site - Option D Mitigation Project - NCDMS Project No. 100020 Parameter Micky Reach Baker Composite Reference Data Min I Max Min Max County Surry Stream Type 134 134 Drainage Area- square miles 0.45 Bankfull Width (wbkf) - feet 11.7 21.7 Bankfull Mean Depth dbkf - feet 0.6 1.0 Width/Depth Ratio w/d ratio 10.7 17.0 12.0 18.0 Cross sectional Area (Abkf) - SF 13.1 16.2 Bankfull Mean Velocity (vbkf) - fps N/P 4.0 6.0 Bankfull Discharge (Qbkf) - cfS N/P Bankfull Max Depth dmbkf - feet 0.9 2.5 dmbkf / dbkf ratio 1.1 1 3.1 1.2 1.3 Low Bank Height to dmbkf Ratio 1.0 1.0 Floodprone Area Width (wf a.) - feet 20.0 410.0 Entrenchment Ratio (ER) 1.7 32.0 Meander length L„ - feet N/A N/A Ratio of meander length to Bankfull width (Lm/wbkf) N/A N/A N/A N/A Radius of curvature (Re) - feet N/A N/A Ratio of radius of curvature to bankfull width (Re / wbkf N/A N/A N/A Belt width (wbit) - feet N/A N/A Meander Width Ratio (wblU Wbkf) N/A N/A N/A N/A Sinuosity (K) Stream Length/ Valley Distance 1.19 1.1 1.3 Valley Slope - feet per foot 0.04 0.005 0.015 Channel Sloe Schannel - feet per foot 0.033 Pool Slope (spool) - feet per foot 0.00 0.005 Ratio of Pool Slope to Average Sloe (Spool / Schannel) 0.0 0.15 0.00 0.40 Maximum Pool Depth (d ool) - feet 2.2 2.5 Ratio of Pool Depth to Average Bankfull Depth d ool/dbkf 2.0 4.0 2.0 3.5 Pool Width (w ool) - feet 14.3 14.6 Ratio of Pool Width to Bankfull Width (w ool / wbkf) 0.9 1.1 1.5 Pool Area (Apool) - square feet 14.8 15.9 Ratio of Pool Area to Bankfull Area A ool/Abkf 1.1 1.2 Pool -to -Pool Spacing - feet 48.0 231.0 MICHAEL BAKER ENGINEERING, INC. PAGE 6-3 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) Table 6.1b Reference Reach Parameters Used to Inform Design Whittier Creek Site — Option D Mitigation Project — NCDMS Project No. 100020 Micky Baker Composite Reference Parameter Reach Data Min I Max Min Max Ratio of Pool -to -Pool Spacing to Bankfull Width (p- 3.0 7.0 0.5 5.0 /wbkf Riffle Slope s,iffle — feet per foot 0.006 0.063 Ratio of Riffle Slope to Average Slope (s,iff e/ sbkf) 0.2 1.9 1.1 1.8 d16 — min 5.6 d35 — min 14.3 d50 — min 30.8 dsa — min 88.4 d95 — min 110.0 Notes: Micky Reach from NC Department of Transportation, Reference Reach Database N/A: Channel had minimal meander geometry - no pattern measured N/P: Data was not provided in the NCDOT reference reach database Values in this chart were rounded and may differ very slightly from actual values. After examining the assessment data collected at the site and exploring the potential for functional uplift, specific approaches were developed for each reach that would address the restoration or enhancement of stream functions within the project area. Prior to impacts from past channel manipulation, the topography, vegetation, and soils on site indicate that the project area most likely functioned in the past as a Piedmont/Low Mountain Alluvial Forest. Therefore, design approaches were formulated to best restore and/or enhance this type of system. First, an appropriate stream type for the valley type, slope, and desired stream functions was selected and designed for each reach. Then a design plan was developed to improve the hydrology, geomorphology, and habitat of the project streams. 6.2 Design Morphological Parameters For design purposes, the stream channels were divided into reaches as described previously in Table 3.1. The selected design approaches chosen for each reach were based on the maximum potential for functional uplift as determined during the site field assessments as previously described in Section 4. The specific design parameters were developed based on those approaches so that appropriate planform geometry, cross-section dimensions, and reach profiles could be accurately described for developing construction plan documents. The overall design philosophy is to use these design parameters as conservative values for the selected stream types and to allow natural variability in stream dimension, facet slope, and bed features to form over longer periods of time under the processes of flooding, re -colonization of vegetation, sediment deposition, and other watershed influences. The following tables present the design stream morphology parameters proposed for restoration and Enhancement Level I reaches as needed. The proposed stream design values and design criteria were selected using existing conditions surveys and bankfull identification, sediment collection and analysis, regional curve analysis, NCDOT reference reach data, and Baker's internal reference ratios proven to be successful on numerous past projects. Following the initial application of the design criteria, Baker staff made detailed refinements to accommodate the existing valley and channel morphology. This step minimizes unnecessary disturbance of the riparian area and wetlands, makes adjustments around specific features in the field, maximizes the uplift to the ecological resources, and allows for some natural channel adjustment following construction. MICHAEL BAKER ENGINEERING, INC. PAGE 6-4 WHITTIER CREEK SITE — OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) Reach R7 Restoration Reach R7 is on Whittier Creek proper at the southern extent of the project area. The reach runs easterly across the valley floor at a slope of 0.6%. R7 begins at the western property boundary of the Holcomb parcel just downstream of Nurse Road and an existing power right-of-way. It has been historically impacted and altered through the removal of riparian vegetation, channelization, and agricultural activities. As a result, the channel is experiencing active erosion for well over 50 percent of the streambank length and is an extremely incised (BHR > 2) and highly unstable G4/F4. A Priority Level II Restoration approach was selected for R7 as there is not enough length along the reach to raise the bed fully and reconnect to the historic floodplain. As such, bankfull benches will be excavated along the entire length of R7 as the primary means of reestablishing an active floodplain. The stream bed itself will only be very slightly raised. This reach is appropriate for a meandering riffle -pool morphology and will be designed as a Rosgen C4 stream type. This reach lacks mature woody vegetation; however, any existing isolated trees or shrubs will be protected or transplanted if possible. A new meandering channel will be constructed, and the floodplain will be planted with a mix of native hardwood species. The abandoned channel will be completely filled and/or plugged using suitable fill material excavated from construction of the newly restored channels. Thorough soil testing will be conducted on the newly constructed floodplain benches, which will have all the necessary soil amendments put out at various stages of construction as appropriate. Additionally, the topsoil cut from the bench construction will be stored separately and placed out onto the floodplain prior to permanent seeding and planting. The design width -to -depth ratio for the channel will be 12, though over time the channel may narrow due to deposition of sediment and streambank vegetation growth. Channel narrowing should not risk downcutting because any narrowing would be in response to stabilizing processes (i.e., vegetation establishment, point bar formation, etc.). The entrenchment ratio for the majority of R7 will range between 5.8 and 6.8 as the adjacent flood -prone width allows, though in the lowermost transitional section where it connects back into the existing channel that value lowers to 2.3. Channel banks will be graded to stable slopes, and bankfull benches will provide floodplain access, promote stability, and provide sediment storage. In -stream structures will be used to control grade, dissipate energy, protect stream banks, and eliminate the potential for upstream channel incision. These structures will include rock cross vanes, grade control J-hook vanes, grade control logjams, constructed riffles, and log/rock step pools for grade control and habitat, as well as rock and log vanes for increased bank stability and habitat diversity. Bioengineering techniques such as geolifts, toe wood, brush layers, and live stakes will also be used to protect restored stream banks and to promote woody vegetation growth along the stream banks. Riparian buffers in excess of 30 feet will be restored and protected along all of R7. Invasive species found scattered along the banks and within the riparian buffers of the reach will be removed and/or treated. Additionally, permanent fencing will be installed to exclude livestock and reduce sediment, fecal coliform, and nutrient inputs. Table 6.2a Reach R7 Stream Design Morphology Parameters Whittier Creek Site — Option D Mitigation Project — NCDMS Project No. 100020 Existing Stream Design Stream Values Reference Data Parameter Values XS-6 or XS-7 or MIN MAX MIN MAX MIN MAX Drainage Area, DA (sq mi) 2.69 2.69 Stream Type (Rosgen) G4\174 C4 C4 Bankfull Discharge, Qbkf (cfs) 190 190 Bankfull Riffle XSEC Area, Abkf (sq ft) 33.5 1 38.8 41.0 MICHAEL BAKER ENGINEERING, INC. PAGE 6-5 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) Bankfull Mean Velocity, Vbkf (ft/s) 5.7 4.9 4.6 3.5 5.0 Bankfull Riffle Width, Wbkf (ft) 18.5 21.7 22.2 Bankfull Riffle Mean Depth, Dbkf (ft) 1.8 1.8 1.8 Width to Depth Ratio, W/D (ft/ft) 10.2 12.1 12.3 12 15 Width Floodprone Area, Wfpa (ft) 22.0 24.0 50 150 Entrenchment Ratio, Wfpa/Wbkf (ft/ft) 1.2 1.1 2.3 6.8 Riffle Max Depth g bkf, Dmax (ft) 2.2 2.3 2.3 Riffle Max Depth Ratio, Dmax/Dbkf 1.2 1.3 1.3 1.2 1.5 Max Depth g tob, Dmaxtob (ft) 6.9 6.4 2.3 Bank Height Ratio, Dtob/Dmax (ft/ft) 3.2 2.8 1.0 1.0 1.1 Meander Length, Lm (ft) 61 188 160 200 Meander Length Ratio, Lm/Wbkf 2.8 8.0 6.3 12.6 7.0 14.0 Radius of Curvature, Rc (ft) 25 53 36 60 Rc Ratio, Rc/Wbkf 1.2 2.3 1.6 3.1 2.0 3.0 Belt Width, Wblt (ft) 45 65 80 120 Meander Width Ratio, Wblt/Wbkf 2.1 2.8 3.6 5.4 3.5 8.0 Sinuosity, K Sval/Schan 1.29 1.17 Valley Slope, Sval (ft/ft) 0.0065 0.0065 0.0050 0.0150 Channel Slope 0.0051 0.0056 Slope Riffle, Srif (ft/ft) 0.0030 0.0120 0.0057 0.0089 Riffle Slope Ratio, Srif/Schan 0.59 2.37 1.03 1.6 1.2 1.5 Slope Pool, Spool (ft/ft) 0.0020 0.0060 0.0000 0.0010 Pool Slope Ratio, Spool/Schan 0.4 1.2 0.0 0.2 0.0 0.2 Pool Max Depth, Dmaxpool (ft) 3.3 5.0 4.0 Pool Max Depth Ratio, Dmaxpool/Dbkf 1.8 2.3 2.2 1.5 3.5 Pool Width, Wpool (ft) 17.0 26.0 30.0 Pool Width Ratio, Wpool/Wbkf 0.8 1.1 1.4 1.2 1.7 Pool -Pool Spacing, Lps (ft) 36 172 78 155 Pool -Pool Spacing Ratio, Lps/Wbkf 1.5 7.4 3.5 7.0 3.5 7.0 Note: The Existing Stream Values columns represent two separate cross -sections or min/max values as applicable Reach UT4a Enhancement Level I Reach UT4a begins at an existing road side culvert along Rockhill Church Road within the Holcomb parcel. The reach runs southeast and down valley for approximately 328 feet to a bedrock knickpoint near the upstream side of a 40-foot wide power line right-of-way. This reach is classified as a E4b stream type. It has no woody buffer and is exhibiting erosion on approximately 25 percent of its streambanks. Work conducted along UT4a will implement Enhancement Level I practices to improve the bank stability and bedform diversity of the channel. Baker proposes to excavate bankfull benches, slope streambanks, install in - stream structures to promote scour pool formation and protect streambanks, mat and live stake the stream banks, and plant a riparian buffer. All existing trees along this reach will be preserved to the maximum extent possible. There is one break in the easement at the downstream extent of Reach UT4a at an existing power line right-of-way. While no credit will be generated through this area, enhancement and restoration activities MICHAEL BAKER ENGINEERING, INC. PAGE 6-6 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) will continue throughout this area. The downstream bedrock knickpoint will serve as the bed elevation to begin Priority I restoration downstream along UT4b. Riparian buffers in excess of 30 feet will be restored and protected along all of UT4a and native vegetation will be re-established in all disturbed areas. Permanent fencing will be installed to exclude livestock from the project area. Invasive species treatment will also be conducted throughout the reach and the riparian buffer. A full table of design morphology parameters is provided below. These are for reference only as the channel geometry will mostly be changed through bench excavation, bank sloping, and installation of in -stream structures and features. Table 6.2b Reach UT4a Stream Design Morphology Parameters Whittier Creek Site - Option D Mitigation Project - NCDMS Project No. 100020 Parameter Existing Stream Values Design Stream Values Reference Data MIN I MAX MIN I MAX MIN MAX Drainage Area, DA (sq mi) 0.35 0.35 Stream Type (Rosgen) E4b E4b C4B4' Bankfull Discharge, Qbkf (cfs) 50 50 Bankfull Riffle XSEC Area, Abkf (sq ft) 9.9 10.0 Bankfull Mean Velocity, Vbkf (ft/s) 5.0 5.0 4.0 6.0 Bankfull Riffle Width, Wbkf (ft) 7.3 11.0 Bankfull Riffle Mean Depth, Dbkf (ft) 1.4 0.9 Width to Depth Ratio, W/D (ft/ft) 5.4 12.2 10 15 Width Floodprone Area, Wfpa (ft) 20.0 30.0 Entrenchment Ratio, Wfpa/Wbkf (ft/ft) 2.7 2.7 Riffle Max Depth @ bkf, Dmax (ft) 1.60 1.20 Riffle Max Depth Ratio, Dmax/Dbkf 1.2 1.3 1.2 1.5 Max Depth g tob, Dmaxtob (ft) 2.1 1.2 Bank Height Ratio, Dtob/Dmax (ft/ft) 1.3 1.0 1.0 1.1 Meander Length, Lin (ft) N/A N/A Meander Length Ratio, Lm/Wbkf N/A N/A N/A N/A Radius of Curvature, Rc (ft) N/A N/A Rc Ratio, Rc/Wbkf N/A N/A N/A N/A Belt Width, Wblt (ft) N/A N/A Meander Width Ratio, Wblt/Wbkf N/A N/A N/A N/A Sinuosity, K Sval/Schan 1.1 1.1 1.1 1.2 Valley Slope, Sval (ft/ft) 0.0257 0.0257 0.0200 0.0390 Channel Slope, Schan (ft/ft) 0.0242 0.0242 Slope Riffle, Srif (ft/ft) 0.0260 0.0430 0.0260 0.0430 Riffle Slope Ratio, Srif/Schan 1.07 1.78 1.07 1.78 1.1 1.8 Slope Pool, Spool (ft/ft) 0.0000 0.0040 0.0000 0.0040 Pool Slope Ratio, Spool/Schan 0.00 0.17 0.00 0.17 0 0.4 Pool Max Depth, Dmaxpool (ft) 1.14 2.77 2.0 Pool Max Depth Ratio, Dmaxpool/Dbkf 0.84 2.04 2.2 2.0 3.5 Pool Width, Wpool (ft) 8.00 9.00 15.0 MICHAEL BAKER ENGINEERING, INC. PAGE 6-7 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) Table 6.2b Reach UT4a Stream Design Morphology Parameters Whittier Creek Site — Option D Mitigation Project — NCDMS Project No. 100020 Parameter Existing Stream Values Design Stream Values Reference Data MIN MAX MIN I MAX MIN MAX Pool Width Ratio, Wpool/Wbkf 1.10 1.23 1.4 1.1 1.5 Pool -Pool Spacing, Lps (ft) 35.00 80.00 38.0 77.0 Pool -Pool Spacing Ratio, Lps/Wbkf 4.79 10.96 3.5 7.0 3.5 7 Note: 'Cross sectional geometry parameters are from C4 stream types while profile parameters are from B4 stream types. Reach UT4b Restoration Reach UT4b begins at a bedrock knickpoint at the downstream extent of UT4a within a power line right-of- way. The reach continues down valley for approximately 764 linear feet to its confluence with Reach R7 (Whittier Creek). The reach has been historically impacted and altered through channelization, the removal of riparian vegetation and agricultural activities, and is actively eroding with cattle access to more than fifty percent of the reach. This reach is classified as an incised E4 stream type in its upper extent and a G4 stream type towards its confluence with R7. A Priority Level I Restoration approach was selected for this reach. The restored channel will be designed as a Rosgen C4 stream type. The channel will tie to the existing bedrock knickpoint which will facilitate bringing the bed elevation up and tying the channel to its historic floodplain. This reach is also appropriate for a meandering riffle -pool morphology sequence and will incorporate similar structures as R7. Channel banks will be graded to stable slopes and the adjacent floodplain will be re -connected to promote stability and improve ground water hydrology. Bioengineering techniques such as geolifts, root wads, toe wood, brush layers, and live stakes will also be used to protect restored stream banks and to promote woody vegetation growth along the stream banks. The design width -to -depth ratio for the channel will be approximately 13, though over time the channel may narrow due to deposition of sediment and streambank vegetation growth. Channel narrowing should not risk downcutting because any narrowing would be in response to stabilizing processes (i.e., vegetation establishment, point bar formation, etc.). The entrenchment ratio will be greater than 2.2 as the adjacent flood - prone width allows. Channel banks will be graded to stable, 2:1 or flatter slopes. Riparian buffers in excess of 30 feet will be restored and protected along all of UT4b and native vegetation will be re-established in all disturbed areas and in the adjacent open pasture within the easement. Invasive species treatment will also be conducted along the reach and within the riparian buffer. Permanent fencing will be installed to exclude livestock from the project area. Table 6.2c Reach UT4b Stream Design Morphology Parameters Whittier Creek Site — Option D Mitigation Project — NCDMS Project No. 100020 Existing Stream Design Stream Reference Data Parameter Values Values XS-3 or XS-4 or MIN MAX MIN MAX MIN MAX Drainage Area, DA (sq mi) 0.48 0.48 Stream Type (Rosgen) E4/G4 C4 C4 Bankfull Discharge, Qbkf (cfs) 65 65 Bankfull Riffle XSEC Area, Abkf (sq ft) 14.0 1 9.5 13.0 MICHAEL BAKER ENGINEERING, INC. PAGE 6-8 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) Bankfull Mean Velocity, Vbkf (ft/s) 4.7 6.9 5.0 3.5 5.0 Bankfull Riffle Width, Wbkf (ft) 10.1 9.5 12.7 Bankfull Riffle Mean Depth, Dbkf (ft) 1.4 1.0 1.0 Width to Depth Ratio, W/D (ft/ft) 7.3 9.6 12.7 12 15 Width Floodprone Area, Wfpa (ft) 23 13 30 60 Entrenchment Ratio, Wfpa/Wbkf (ft/ft) 2.27 1.33 2.4 4.7 Riffle Max Depth @ bkf, Dmax (ft) 2.21 1.21 1.2 Riffle Max Depth Ratio, Dmax/Dbkf 1.60 1.22 1.2 1.2 1.5 Max Depth g tob, Dmaxtob (ft) 4.71 2.40 1.2 Bank Height Ratio, Dtob/Dmax (ft/ft) 2.13 1.98 1.0 1.0 1.1 Meander Length, Lm (ft) N/A N/A 119 165 Meander Length Ratio, Lm/Wbkf N/A N/A 9.4 13.0 7.0 14.0 Radius of Curvature, Rc (ft) N/A N/A 25 77 Rc Ratio, Rc/Wbkf N/A N/A 2.0 6.1 2.0 3.0 Belt Width, Wblt (ft) N/A N/A 45 50 Meander Width Ratio, Wblt/Wbkf N/A N/A 3.5 3.9 3.5 8.0 Sinuosity, K Sval/Schan 1.13 1.32 Valley Slope, Sval (ft/ft) 0.0186 0.0186 0.005 0.15 Channel Slope 0.0165 0.0141 Slope Riffle, Srif (ft/ft) 0.0150 0.0400 0.0114 0.0249 Riffle Slope Ratio, Srif/Schan 0.9 2.4 0.8 1.8 1.2 1.5 Slope Pool, Spool (ft/ft) 0.0000 0.0020 0.0000 0.0033 Pool Slope Ratio, Spool/Schan 0.0 0.1 0.0 0.2 0.0 0.2 Pool Max Depth, Dmaxpool (ft) 2.4 4.3 2.5 Pool Max Depth Ratio, Dmaxpool/Dbkf 2.4 4.3 2.5 1.5 3.5 Pool Width, Wpool (ft) 14.3 24.0 18.0 Pool Width Ratio, Wpool/Wbkf 1.5 2.5 1.4 1.2 1.7 Pool -Pool Spacing, Lps (ft) 30.0 90.0 45.0 89.0 Pool -Pool Spacing Ratio, Lps/Wbkf 3.0 9.5 3.5 7.0 3.5 7.0 Note: The Existing Stream Values columns represent two separate cross -sections or min/max values as applicable Reach UT5 Restoration Reach UT5 begins at an existing culvert along Rockhill Church Road within the Meadow's parcel. The reach runs southwest and down valley for approximately 765 feet to its confluence with Reach UT4b. Cattle have access to this entire reach. In addition, the reach has no woody buffer and is exhibiting bank erosion on over 50 percent of its streambanks with multiple headcuts and areas of mass wasting. This reach is classified as a 134. An existing 40-foot power line right-of-way crosses this reach and a break in the conservation easement has been incorporated at this location. Like UT4b, a Priority Level I Restoration approach was selected for this reach, and the restored channel will be designed as a Rosgen 134 stream type. However, as the stream nears its confluence with UT4b, the valley opens up and the floodprone width increases which makes the entrenchment ratio higher than 2.2. This will not cause any detrimental issues and the stream will function as designed. Due to the existing valley slope and valley floor width, this reach will be restored with appropriate riffle -step -pool morphology. Pattern adjustments will be incorporated to ensure stability and promoted diversity. A riffle -step -pool channel will MICHAEL BAKER ENGINEERING, INC. PAGE 6-9 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) be constructed using boulder and log grade control structures and constructed riffles. Channel banks will be graded to stable slopes and the adjacent floodplain will be re -connected to promote stability and improve ground water hydrology. Bioengineering techniques such as geolifts, root wads, toe wood, brush layers, and live stakes will also be used to protect restored stream banks and to promote woody vegetation growth along the stream banks. One culvert stream crossing will be installed to coincide with the location of the power easement along UT5. Riparian buffers in excess of 30 feet will be restored and protected along all of UT5 and native vegetation will be re-established in all disturbed areas. Permanent fencing will be installed to exclude livestock from the project area. Invasive species treatment will also be conducted along the reach. Table 6.2d Reach UT5 Stream Design Morphology Parameters Whittier Creek Site - Option D Mitigation Project - NCDMS Project No. 100020 Parameter Existing Stream Values Design Stream Values Reference Data XS-I or MIN XS-2 or MAX MIN MAX MIN MAX Drainage Area, DA (sq mi) 0.11 0.11 Stream Type (Rosgen) 134 134 134 Bankfull Discharge, Qbkf (cfs) 20 20 Bankfull Riffle XSEC Area, Abkf (sq ft) 5.5 5.1 5.0 Bankfull Mean Velocity, Vbkf (ft/s) 3.6 3.9 4.0 4.0 6.0 Bankfull Riffle Width, Wbkf (ft) 8.0 7.8 8.1 Bankfull Riffle Mean Depth, Dbkf (ft) 0.7 0.7 0.6 Width to Depth Ratio, W/D (ft/ft) 11.8 11.8 13.0 12 18 Width Floodprone Area, Wfpa (ft) 19.1 15.4 14.0 20.0 Entrenchment Ratio, Wfpa/Wbkf (ft/ft) 2.4 2.0 1.7 2.5 Riffle Max Depth @ bkf, Dmax (ft) 1.3 1.6 1.2 Riffle Max Depth Ratio, Dmax/Dbkf 1.8 2.4 1.3 1.2 1.5 Max Depth g tob, Dmaxtob (ft) 2.8 2.3 0.8 Bank Height Ratio, Dtob/Dmax (ft/ft) 2.2 1.4 1.0 1.0 1.1 Meander Length, Lm (ft) N/A N/A N/A N/A Meander Length Ratio, Lm/Wbkf N/A N/A N/A N/A N/A N/A Radius of Curvature, Rc (ft) N/A N/A N/A N/A Rc Ratio, Rc/Wbkf N/A N/A N/A N/A N/A N/A Belt Width, Wblt (ft) N/A N/A N/A N/A Meander Width Ratio, Wblt/Wbkf N/A N/A N/A N/A N/A N/A Sinuosity, K Sval/Schap 1.03 1.05 1.10 1.2 Valley Slope, Sval (ft/ft) 0.0256 0.0256 0.02 0.03 Channel Slope 0.0250 0.0244 Slope Riffle, Srif (ft/ft) 0.0260 0.0410 0.0130 0.0370 Riffle Slope Ratio, Srif/Schan 1.0 1.6 0.5 1.5 1.2 1.5 Slope Pool, Spool (ft/ft) 0.0000 0.0030 0.0000 0.0090 Pool Slope Ratio, Spool/Schan 0.0 0.1 0.0 0.4 0.0 0.4 Pool Max Depth, Dmaxpool (ft) 1.6 2.3 1.5 MICHAEL BAKER ENGINEERING, INC. PAGE 6-10 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) Pool Max Depth Ratio, DmaxpooVDbkf 2.4 3.4 2.4 2.0 3.5 Pool Width, Wpool (ft) 8.0 14.0 10.5 Pool Width Ratio, Wpool/Wbkf 1.0 1.7 1.3 1.5 1.5 Pool -Pool Spacing, Lps (ft) 22.0 139.0 5.0 40.0 Pool -Pool Spacing Ratio, Lps/Wbkf 2.8 17.3 0.6 4.9 0.5 5.0 Note: The Existing Stream Values columns represent two separate cross -sections or min/max values as applicable 6.3 Design Discharge Analysis 6.3.1 Bankfull Stage Discharge Upon completion of the geomorphic field survey, identification of bankfull stages and corresponding discharges were made at various locations along Reaches R7, UT4a, UT4b, and UT5. However, on incised streams such as these, discernible indicators can be difficult to obtain, and the reliability of the indicators can be inconsistent due to the altered condition of the stream channels. For this reason, regional curve relationships (based on drainage areas) were also used to develop the bankfull discharge estimates for the project reaches. The curve relationships were compared to stable representative cross sections on site to confirm the bankfull field calls and to ultimately select an appropriate design discharge estimate. 6.3.2 Bankfull Hydraulic Geometry Relationships (Regional Curve Predictions) Regional curves are available for a range of stream types and physiographic provinces. The published NC Piedmont Regional Curve (Harman, 1999) and the unpublished NC Rural Mountain and Piedmont Regional Curve developed by the Natural Resources Conservation Service (Walker, 2012) were used for comparison with other site -specific methods of estimating bankfull discharge. Baker has successfully implemented a significant number of stream restoration projects in North Carolina using this curve data. The regional curve equations developed from the studies are shown below in Table 6.3, while Table 6.4 compares the estimated regional curve bankfull areas for the project reaches with those measured from bankfull indicators in the field. For these reaches, accurately estimating the bankfull discharge and associate bankfull cross sectional area was crucial in designing the correct bankfull geometry. Table 6.3 NC Rural Regional Curve Equations Whittier Creek Site - Option D Mitigation Project - NCDMS Project No. 100020 NC Rural Piedmont Regional Curve Equations (Harman et al.,1999) NC Rural Mountain and Piedmont Regional Curve Equations - (Walker, 2012) Qbkf - 89.04 Aw 0.72 Qbkf - 5 5.3 2 Aw 0.79 Abkf = 21.43 Aw 0.61 Abkf - 19.13 Aw 0.65 Wbkf - 11.89 Aw 0.43 Wbkf - 17.41 Aw 0.37 Dbkf - 1.5 Aw 032 Dbkf - 1.10 Aw 0.29 MICHAEL BAKER ENGINEERING, INC. PAGE 6-11 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) Table 6.4 Comparison of Bankfull Areas Whittier Creek Site - Option D Mitigation Project - NCDMS Project No. 100020 Bankfull Area Estimates Measured at Bankfull Reach DA (sq mi) from 1999 / 2012 Regional Indicator (sq ft) Curves (sq ft) R7 2.69 42.0 / 36.5 33.5', 38.82 UT4a 0.35 10.5 / 9.7 9.93 UT4b 0.48 12.9 / 11.8 9.53' 14.0 UT5 0.11 4.9 / 4.6 5.5, 5.1 Notes: 1. Cross section is above the confluence with UT4b. 2. Cross section is below the confluence with UT4b. 3. Cross section was taken above the confluence with UT5. This drainage area is closer to the drainage area for UT4a. 6.3.3 Bankfull Discharge Summary and Conclusions As described above Rosgen's stream classification system (Rosgen, 1996) and Natural Channel Design Methodologies depend on the proper field identification of consistent geomorphic features related to the active floodplain. Although bankfull stage verification was sometimes challenging in the field for some sections of the reaches under their current conditions, the cross-section data used for the above regional curve comparisons are within an acceptable range of values and match closely with the regional curves. Table 6.5 provides a bankfull discharge analysis based on the regional curves, the Manning's equation discharges calculated from the representative cross sections for each reach, and the bankfull design discharge estimation methods. Manning's roughness (n) was estimated using friction factor and relative roughness, and by stream type (WARSSS, 2006). Design velocity estimates are based on the estimated bankfull discharge and the design cross sectional area. Table 6.5 Bankfull Discharge Analysis Summary Whittier Creek Site - Option D Mitigation Project - NCDMS Project No. 100020 Estimating Method Bankfull Velocity Bankfull ft/sec Discharge cfs Reach R7 NC Rural Piedmont Regional Curve' 4.2 182 NRCS NC Rural Mountain and Piedmont Regional 2 8 120 Curvet Friction Factor to Relative Roughness Ratio method' 4.7 203 Manning's "n" from friction factor and relative 5.4 234 roughness' Manning's "n" from stream type' 2.9 125 Design Estimate 4.6 190 Reach UT4a NC Rural Piedmont Regional Curve' 4.2 42 NRCS NC Rural Mountain and Piedmont Regional 2.4 24 Curvet Friction Factor to Relative Roughness Ratio method' 5.3 53 Manning's "n" from friction factor and relative 5.9 58 roughness' Manning's "n" from stream type' 4.8 47 Design Estimate 5.0 50 MICHAEL BAKER ENGINEERING, INC. PAGE 6-12 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) Table 6.5 Bankfull Discharge Analysis Summary Whittier Creek Site — Option D Mitigation Project — NCDMS Project No. 100020 Estimating Method Bankfull Velocity Bankfull ft/sec Discharge cfs Reach UT4b NC Rural Piedmont Regional Curve' 3.7 52 NRCS NC Rural Mountain and Piedmont Regional 2 2 31 Curvet Friction Factor to Relative Roughness Ratio method 4.7 66 Manning's "n" from friction factor and relative 5.3 74 rou hness3 Manning's "n" from stream type 4.2 59 Design Estimate 5 65 Reach UT5 NC Rural Piedmont Regional Curve' 3.4 18 NRCS NC Rural Mountain and Piedmont Regional 1.8 10 Curvet Friction Factor to Relative Roughness Ratio method 5.8 21 Manning's "n" from friction factor and relative 5.9 21 rou hness3 Manning's "n" from stream type 4.3 1 15 Design Estimate 4.0 20 Notes: 'NC Rural Piedmont Regional Curve (Harman et al., 1999). 2 Revised NC Rural Piedmont and Mountain Regional Curve developed by NRCS (Walker, 2012). WWARSSS, 2006 spreadsheet. Bankfull discharge estimates vary based on Manning's Equation for the riffle cross section. 6.4 Sediment Transport Analysis For this project, a qualitative sediment supply analysis was conducted from visual inspections of the project reaches themselves, from inspections upstream of the project reaches, and from aerial photography. Current supply appears to be from both localized bank erosion and transported from upstream. Some livestock operations exist within the watershed that likely cause accelerated bank erosion. The condition of the streams within the agricultural areas within the watershed are similar to the condition to the project streams. Field conditions also show that aggradation is not a significant problem; for example, the project stream channels do not exhibit significant bar formations. Once the project is complete, on -site sediment sources from bank erosion will be stabilized. Stream power was calculated but does not provide significant useful information since a sediment rating curve has not been developed for the site. The primary emphasis of this project's sediment transport analysis will focus on competency. 6.4.1 Sediment Competency Analysis To conduct the sediment competency analyses, pavement (pebble count) and subpavement sediment samples were taken on reaches UT4b, UT5, and R7 at surveyed riffle cross sections (see Appendix A). The sediment samples were weighed to generate cumulative frequency plots. The sediment competence analysis was conducted using the methodologies presented in WARSSS (2006). Design mean depth and slope were checked against the predicted required depths and slopes to provide confidence that the design streams will be able to transport their sediment supplies. Analysis was conducted using critical dimensionless shear stress and dimensional shear stress methodologies where applicable. Dimensionless shear stress analysis provides a critical depth and slope to entrain the largest particle in the sediment sample while the dimensional analysis MICHAEL BAKER ENGINEERING, INC. PAGE 6-13 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) uses the Shield's curve to compare the shear stress value to the size particle able to be entrained by that shear stress. The Modified Shield's curve based on Colorado field data (WARSSS, 2006) while the Shield's Curve is based on laboratory and field data compiled from various sources (Leopold, Wolman, and Miller, 1964). The Results from the analysis are presented below in Table 6.6. Table 6.6 Competence Analysis Whittier Creek Site - Option D Mitigation Project - NCDMS Project No. 100020 Parameter R7 UT4b UT5 Design Bankfull Slope (ft/ft) 0.0056 0.0141 0.0244 Design Mean Depth (ft) 1.8 1.0 0.6 D50 Pavement mm 25.6 26.4 20.5 D50 Subpavement (mm) 13.0 11.2 20.6 D100 Subpavement (mm) 81.0 71.0 74.0 Critical Dimensionless Shear' N/A 0.0160 N/A Required Mean Depth from Dimensionless N/A 0.43 N/A Analysis (ft) Required Slope from Dimensionless Analysis (ft/ft) N/A 0.0061 N/A Dimensional Design Shear Stress (lbs./s -ft) 0.55 0.78 0.82 Largest Movable Particle (mm) (Mod. 98 127 131 Shields Curve Largest Movable Particle (mm) (Shield's Curve) 42 60 63 Predicted Shear Stress to move D100 0.4 0.4 0.4 lbs./s -ft(Mod. Shield's Curve Predicted Shear Stress to move D100 (lbs./s -ft) (Shield's Curve) 1.0 0.9 1.0 Predicted mean depth to move D100 (ft) 1.2 0.4 0.2 Mod. Shield's Curve Predicted mean depth to move D100 (ft) (Shield's Curve) 2.9 1.0 0.6 Predicted slope to move D100 (ft/ft) (Mod. 0.0038 0.0057 0.0100 Shield's Curve Predicted slope to move D100 (ft/ft) 0.0092 0.0146 0.0254 (Shield's Curve) 'Listings of N/A means that the dimensionless shear equations were not valid based on sediment size ratios. The sediment transport analysis using the design geometry and profile matches well with the predicted values lending confidence that the stream will move the bed load that is supplied. As can be seen from the figure below, design shear stress values plotted against the measured D100 values match quite well within the scatter of the data points. The results presented above in Table 6.6 show that the design bankfull slopes and mean depth values generally fall between the predicted values from both the Shield's and Modified Shield's curves. The design shear stress ranges from 0.55 to 0.82 pounds per square foot and the largest particles in the subpavement samples range from 71 to 81 mm. The data points used to generate these individual curves have significant scatter and overlap in these ranges of shear stress and particle size which can lend evidence that the results that fall between the two curves applicable. These results show that the design values are within an acceptable range to provide the correct sediment transport of the stream's sediment supply. MICHAEL BAKER ENGINEERING, INC. PAGE 6-14 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) H rr--irlrrrrrrrrirri �111 �■■■ 111 ���■ ■■1�1 �111�■■■lll�l'71■■■�1�1 � WIC■■1111�1Yl6� �111 111�11■1■■■rl■1► MEN madomill ■Illl��� ♦ L W■■■:111 ■=■11�11 " � � + I■��I ■■■II■I ! r IIoil a I ■II ■II�IIII I< _ n V��i.� °� M 0 0 0 0 0 01 92 .93.04 65 2 .3 A. r3 1 2 3 4 r3 1(] tic= CRITICAL SHEAR STRESS Obs/ft'} Laboratory and field data on critical shear stress required to initiate movement of grains (Leopold, Wolman, & Miller, 1964). The solid line is the Shields curve of the threshold of motion; transposed from the B versus Rg form into the present form, in which critical shear stress is plotted as a function of grain diameter. i Leopold, Wolman & Miller (1964) Colorado Data (Wildland Hydrology) (Adapted from WARSSS, Figure 5-49, Rosgen 2009) MICHAEL BAKER ENGINEERING, INC. WHITTIER CREEK SITE — OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) 6.5 Vegetation and Planting Plan 6.5.1 Existing Vegetation and Plant Community Characterization Vegetation on the project site itself has been heavily disturbed from years of use in agriculture. Currently the site is predominantly managed as cattle pasture and largely consists of a range of typical pasture grasses (fescues and clovers) with scattered weeds and other common herbaceous species present such as bittercress (Cardamine hirsute), docks (Rumex spp.), common violet (Viola sororia), chickweed (Stellaria media), lyre sage (Salvia lyrata), plantains (Plantago spp.), and dandelions (Taraxacum ofciniale), with soft rush (Juncus effusus) and jewelweed (Impatiens capensis) found in wetter areas. A very narrow buffer of trees is present along most of Reach R7 (Whittier Creek) and along a short section of Reach UT4b. The trees present on site consist primarily of chinaberry (Melia azedarach), Chinese privet (Ligustrum sinense), sycamore (Platanus occidentalis), green ash (Fraxinus pennsylvanica), black willow (Salix nigra), and tulip poplar (Liriodendron tulipifera), along with some scattered black walnut (Juglans nigra), persimmon (Diospyros virginiana), river birch (Betula nigra), red maple (Acer rubrum), red cedar (Juniperus virginiana), and black cherry (Prunus serotina). Blackberry (Rubus spp.), multi -flora rose (Rosa mult flora), and elderberry (Sambucus canadensis) are found scattered throughout the understory as well. Existing wetland vegetation is highly disturbed and dominated by fescues interspersed with soft rush (Juncus effusus), a mix of sedges (Carex spp.), and Jewelweed (Impatiens capensis). However, the riparian areas along the project reaches and wetlands of the project would naturally consist of species more consistent with those of a Piedmont/Low Mountain Alluvial Forest (Schafale and Weakley 1990). These communities often include a mixture of bottomland and mesophytic trees in the canopy, including river birch (Betula nigra), sycamore (Platanus occidentalis), tulip poplar (Liriodendron tulipifera), sweetgum (Liquidambar styrac flua), American elm (Ulmus americana), southern sugarberry (Celtis laevigata), black walnut (Juglans nigra), green ash (Fraxinus pennsylvanica), bitternut hickory (Carya cordiformis), shagbark hickory (Carya ovata), shingle oak (Quercus imbricaria), red maple (Acer rubrum), white ash (Fraxinus Americana), and silverbell (Halesia tetraptera). Understory trees may include boxelder (Acer negundo), southern sugar maple (Acer floridanum), red maple (Acer rubrum), pawpaw (Asimina triloba), American holly (Ilex opaca), and ironwood (Carpinus caroliniana). The shrub layer commonly contains spicebush (Lindera benzoin), strawberry bush (Euonymus Americana), painted buckeye (Aesculus sylvatica), fetterbush (Leucothoe recurva), hazelnut (Corylus cornuta), and silky dogwood (Corpus amomum). As such, the restoration approach for the planted riparian buffers for the project will target many of these species. Notable non-native invasive species present on the site include Chinaberry (Melia azedarach), Chinese privet (Ligustrum sinense), and multi -flora rose (Rosa multiflora), found scattered along the banks and within the riparian buffers of the project streams. 6.5.2 Proposed Riparian Vegetation Plantings The vegetative components of this restoration project include streambank and riparian planting zones within the buffer. These planting boundaries will be comprised of species found within native plant communities as presented below in Table 6.7 and shown on the revegetation plan sheets in Appendix K. In addition to the riparian buffer zones noted above, any areas of the site that lack diversity or were disturbed or adversely impacted by the construction process will also be planted. Existing non-native grasses (such as fescue) within the easement will be treated prior to or concurrent with construction, as appropriate. Bare -root trees and live stakes will be planted within designated areas of the conservation easement, with the objective of establishing a minimum 30-foot buffer along all proposed streambanks for all the stream reaches within the project boundary. In many areas, the buffer width will be in excess of 30 feet along one or both streambanks and will encompass adjacent jurisdictional wetland areas. In general, bare -root vegetation will be planted at a total target density of 680 stems per acre. Planting will be conducted during the dormant season, with all trees and shrubs installed between mid -November to March 15th. MICHAEL BAKER ENGINEERING, INC. PAGE 6-16 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) Selected species for hardwood revegetation planting are presented in Table 6.7 and approximate those found in the Piedmont / Low Mountain Alluvial Forest plant community described above. Riparian zone species wetness tolerance will range from being at least somewhat tolerant of flooding (FACU) to tolerant (OBL). Observations will be made during construction of the site regarding the relative wetness of areas to be planted as compared to the revegetation plan, which will also incorporate the location of the jurisdictional wetlands to facilitate the accurate planting of appropriate species in their correct planting zone. Once the vegetative species are transported to the site, they will be planted within two days. Disturbed soils across the site will be prepared by sufficiently loosening to a depth of four inches prior to planting as described in the technical specifications. Heavily compacted soils (e.g., hardpans or areas that experienced heavy equipment use) will be loosened to a depth of eight to ten inches by disking or ripping to prepare for tree planting. In any areas where excavation depths exceed ten inches, topsoil shall be separated from rocks, brush, or roots, stockpiled, and placed back over these areas to achieve design grades and create a soil base for vegetation. Trees and shrubs will be planted by manual labor using a dibble bar, mattock, planting bar, or other approved method. Planting holes for the trees will be sufficiently deep to allow the roots to spread out and down without "J-rooting." Soil will be loosely compacted around trees once they have been planted to prevent roots from drying out. Soil tests will be conducted in the riparian buffer areas at appropriate intervals, and soil amendments such as fertilizer or lime may be added as recommended to improve growing conditions. Live stakes will be installed at a minimum of 40 stakes per 1,000 square feet and stakes will be spaced two to three feet apart in meander bends and six to eight feet apart in the riffle sections using triangular spacing along the streambanks between the toe of the streambank and bankfull elevation. Site variations may require slightly different spacing. Permanent seed mixtures will be applied to all disturbed areas of the project site. Table 6.8 lists the species, mixtures, and application rates that will be used. A mixture is provided that is suitable for streambank, riparian, and wetland areas. Mixtures will also include temporary seeding (rye grain or browntop millet) to allow for application with mechanical broadcast spreaders. To provide rapid growth of herbaceous ground cover and biological habitat value, the permanent seed mixture specified will be applied to all areas within the conservation easement from the toe of the stream banks to the easement boundary excluding areas that are already forested. The species provided are deep-rooted and have been shown to proliferate along restored stream channels, providing long-term stability. Final species selection may change due to refinement or availability at the time of planting. If species substitution is required, the planting Contractor will submit a revised planting list to for approval prior to the procurement of plant stock. Table 6.7 Proposed Bare -Root and Live Stake Species Whittier Creek Site — Option D Mitigation Project — NCDMS Project No. 100020 Botanical Name Common Name % Planted by Species wetland Tolerance F I All Buffer Plantings at 680 stems/acre using 8' X 8' spacing Riparian Zone — Overstory Species Betula nigra River Birch 10% FACW Juglans nigra Black Walnut 5% FACU Platanus occidentalis Sycamore 15% FACW Liriodendron tulipifera Tulip Poplar 15% FACU Fraxinus pennsylvanica Green Ash 5% FACW Quercus lyrata Overcup Oak 10% OBL Quercus phellos Willow Oak 10% FAC Ulmus americana American Elm 5% FACW Diospyros virginiana Persimmon 5% FAC MICHAEL BAKER ENGINEERING, INC. PAGE 6-17 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) Table 6.7 Proposed Bare -Root and Live Stake Species Whittier Creek Site — Option D Mitigation Project — NCDMS Project No. 100020 Botanical Name Common Name % Planted by Species Wetland Tolerance r I Riparian Zone — Understory/Shrub Species Hamamelis virginiana Witch Hazel 5% FACU Lindera benzoin Spicebush 5% FAC Carpinus caroliniana American Hornbeam 5% FAC Acer negundo Box Elder 5% FAC Streambank Live Stake Plantings Salix sericea Silky Willow 30% OBL Cornus amomum Silky Dogwood 30% FACW Sambucus canadensis Elderberry 20% FACW Salix nigra Black Willow 20% OBL Table 6.8 Proposed Permanent Seed Mixture Whittier Creek Site — Option D Mitigation Project — NCDMS Project No. 100020 Botanical Name Common Name % Planted by Density Wetland Species (lbs/ac) Tolerance Agrostis alba Redtop 10% 1.5 FACW Elymus virginicus Virginia Wildrye 15% 2.25 FACW Panicum virgatum Switchgrass 15% 2.25 FAC Tripsacum dactyloides Eastern Gamma Grass 5% 0.75 FACW Polygonum pennsylvanicum Pennsylvania 5% 0.75 FACW Smartweed Schizachyrium scoparium Little Blue Stem 5% 0.75 FACU Juncus effusus Soft Rush 5% 0.75 FACW Bidens frondosa (or Beggars Tick 5% 0.75 FACW aristosa Coreopsis lanceolata Lance -Leaved Tick 10% 1.5 FACU Seed Dichanthelium Tioga Deer Tongue 15% 2.25 FAC clandestinum Andropogon gerardii Big Blue Stem 5% 0.75 FAC Sorghastrum nutans Indian Grass 5% 0.75 FACU Total 100% 15.00 Note: Final species selection may change due to refinement or availability at the time of planting. If species substitution is required, the planting Contractor will submit a revised planting list to Baker for approval prior to the procurement of plant stock. 6.6 Project Work Plan The project work plan is included in the plan sheet set for the project and provides a detailed description of proposed construction timing and sequencing, specific in -stream structure and other construction element designs, as well as a description of all grading and planting activities. All work will be conducted using MICHAEL BAKER ENGINEERING, INC. PAGE 6-18 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) common machinery, tools, equipment, and techniques for the successful implementation of the project. The complete plan sheets can be found in Appendix K. 6.7 Project Risks and Uncertainties Due to the rural and primarily forested nature of the project watershed, the overall project risk for the Whittier Creek Site is considered low. The anticipated potential project risks are described below: Land Use Development: There is the potential for increased land use development within the project watershed that could alter the watershed hydrology, particularly to runoff quantity and quality. These changes would be out of the control of the provider. Methods to Address: While any potential future development within the project watershed is out of the control of the provider, the stream restoration and enhancement techniques being applied to the project reaches will help protect them from further degradation and reduce downstream impacts usually associated with watershed development. Easement Encroachment: Any encroachment to the conservation easement including livestock access, mowing, utility easement violations, culvert maintenance, etc. Methods to Address: The landowners are fully aware of the land use restrictions associated with the conservation easement. The easement boundaries will be clearly marked and any encroachments will be appropriately remedied by the provider throughout the monitoring phase. Drought and Floods: There is the potential for extreme climatic conditions during the monitoring phase of the project. These conditions would be out of the control of the provider. Methods to Address: The provider will take appropriate measures to address any impacts to the project caused by the extreme climatic conditions. Such measures may include vegetation replanting, channel or structure repair, soil amendments, etc. Beavers: While there is no evidence of beaver activity currently present on the site, there is the potential for beavers to move onto the project during the monitoring phase. This would be out of the control of the provider. Methods to Address: The provider will take appropriate steps to remove the beaver from the project during the monitoring phase and repair any damage they may have caused. MICHAEL BAKER ENGINEERING, INC. PAGE 6-19 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) 7.0 PERFORMANCE STANDARDS The performance standards and success criteria for the project will follow the NCIRT guidance document Wilmington District Stream and Wetland Compensatory Mitigation Update dated October 24, 2016. Monitoring activities will be conducted for a period of 7 years unless otherwise noted. Based on the design approaches, different monitoring methods are proposed for the project reaches. Reaches R7, UT4b, and UT5 will implement a Restoration design approach, while Reach UT4a will implement an Enhancement Level I design approach with stream bed/bank stabilization and structure installation. For these reaches, geomorphic monitoring methods are described below. Specific success criteria components and evaluation methods are described below and report documentation will follow the NCDMS's templates As - Built Baseline Monitoring Report Format, Data Requirements, and Content Requirement (June 2017), and the Annual Monitoring Report Format, Data Requirements, and Content Guidance (June 2017). 7.1 Stream Monitoring Geomorphic monitoring of the proposed restoration reaches will be conducted annually following the completion of construction to evaluate the effectiveness of the restoration practices. The methods used and related success criteria for each monitored stream parameter are described below. Figure 12 shows the approximate locations of the proposed monitoring devices throughout the project site. 7.1.1 Bankfull Events and Flooding Functions The occurrence of bankfull events within the monitoring period will be documented using continuous stage recorders (using pressure transducers) and photographs. The continuous stage recorders will be installed in the channels of both Reach R7 and in the downstream portion of UT4b to collect flow depth and duration data for near-overbank events as well as for overbank flood events. Additionally, an in -stream flow gauge will be installed in Reach UT5 to record water depth and flow duration. Photographs will also be used to document the occurrence of debris lines and sediment deposition on the floodplain during monitoring site visits. Four bankfull events must be documented, in separate years, for Reaches R7, UT4, and UT5 within the seven- year monitoring period. Otherwise, monitoring will continue until the required four bankfull events have been documented. 7.1.2 Cross Sections Permanent cross sections will be installed at an approximate rate of one cross section per twenty bankfull widths of restored stream, with approximately half of the cross sections located at riffles and half located at pools. Eleven cross sections are proposed for this project; five in Reach R7, one in UT4a, three in UT4b, and two in UT5. Each cross section will be marked on both streambanks with permanent monuments using rebar cemented in place to establish the exact transect used. A common benchmark will be used for cross sections and to facilitate easy comparison of year-to-year data. The cross section surveys will occur in years one, two, three, five, and seven, and must include measurements of Bank Height Ratio (BHR) and Entrenchment Ratio (ER). The monitoring survey will include points measured at all breaks in slope, including top of streambanks, bankfull, inner berm, edge of water, and thalweg, if the features are present. Riffle cross sections will be classified using the Rosgen Stream Classification System. The BHR cross section parameter will be calculated following the technical workgroup guidance memo `Standard Measurement of the BHR Parameter' provided by DMS in 2018, which will apply the as -built bankfull cross sectional area to the current monitoring year channel to determine bankfull elevation. The Low Top of Bank (LTOB) depth will also be provided in the monitoring data table. There should be little change in as -built cross sections. If changes do take place, they will be documented in the survey data and evaluated to determine if they represent a movement toward a more unstable condition MICHAEL BAKER ENGINEERING, INC. PAGE 7-1 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) (e.g., down -cutting or erosion) or a movement toward increased stability (e.g., settling, vegetative changes, deposition along the streambanks, or decrease in width/depth ratio). Using the Rosgen Stream Classification System, all monitored cross sections should fall within the quantitative parameters (i.e. BHR no more than 1.2 and ER no less than 2.2 for `C' stream types or 1.4 for `B' stream types) defined for channels of the design stream type. Given the smaller channel sizes and meander geometry of the proposed steams, bank pins will not be installed unless monitoring results indicate active lateral erosion. Reference photo transects will be taken at each permanent cross section. Lateral photos should not indicate excessive erosion or continuing degradation of the streambanks. The survey tape will be centered in the photographs of the streambanks. Photographers shall try to consistently maintain the same area in each photo over time. 7.1.3 Longitudinal Profile and Pattern A longitudinal profile will be surveyed for the entire length of constructed channel immediately after construction to document as -built baseline conditions. The survey will be tied to a permanent benchmark and measurements will include thalweg, water surface, bankfull, and top of low bank. Each of these measurements will be taken at the head of each feature (e.g., riffle, pool) and at the maximum pool depth. The longitudinal profile should show that the bedform features installed are consistent with intended design stream type. The longitudinal profile will not be taken during subsequent monitoring years unless vertical channel instability has been documented or remedial actions/repairs are deemed necessary. Pattern measurements such as sinuosity, radius of curvature, and meander width ratio will be calculated on newly constructed meanders on R7 and UT4b using the plan views from the as -built plan sheets and reported in the as -built baseline document. Subsequent visual monitoring will be conducted annually, to document any changes or excessive lateral movement in the plan view of the constructed channel. 7.1.4 Visual Assessment Visual monitoring assessments of all stream sections will be conducted at least once per monitoring year following the requirements described in the DMS monitoring guidance documents. Photographs will be used to visually document system performance and any areas of concern related to streambank stability, condition of in -stream structures, channel migration, headcuts, channel aggradation (bar formation) or degradation, live stake mortality, impacts from invasive plant species or animal species, riparian vegetation success, the condition of pools and riffles, and overall stream morphology assessment. All photo locations and any areas of concern will be shown in the Current Condition Plan View (CCPV) figure in the baseline and annual monitoring reports. 7.2 Vegetation Monitoring Restoration of the riparian vegetation on a site is dependent upon the successful planting and establishment of native woody species, along with the volunteer regeneration of the plant community. To determine if the success criteria are achieved, vegetation monitoring plots will be installed and monitored across the restoration site in accordance with the CVS-DMS Protocol for Recording Vegetation, Version 4.2 (Lee at al., 2008). These vegetation plots shall consist of both permanent and random plots, totaling a minimum of 2% of the planted portion of the site established within the planted riparian buffer areas per CVS Monitoring Levels 1 and 2. Four fixed plots and one random plot are proposed to monitor vegetation for this project. The size of each individual plot will be 100 square meters. No plots will be established within the undisturbed wooded areas within the project boundary. Vegetation monitoring will occur in the fall, prior to the loss of leaves. Data from the permanent vegetation plots will include: species, height, planted vs. volunteer, and age (based on the year the stem was planted, or first observed if a volunteer). Data from the random plots will include only the species and height. Plot densities will also be calculated for each plot. Individual plant stems will be marked such that they can be MICHAEL BAKER ENGINEERING, INC. PAGE 7-2 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) found in succeeding monitoring years in the permanent plots. Mortality will be determined from the difference between the previous year's living, planted stems and the current year's living, planted stems. At the end of the first full growing season from baseline (MYO), after a minimum of 180 days, species composition, heights, stem density, and survival will be evaluated formonitoring year one (MY1). Vegetation plots shall subsequently be monitored in years 2, 3, 5 and 7 or until the final success criteria are achieved. The interim measure of vegetative success for the site will require the survival of at least 320 stems per acre at the end of the year 3 monitoring period. At year 5, density must be no less than 260 stems per acre. The final vegetative success criteria will be the survival of 210 stems per acre at the end of the year 7 monitoring period. However, if the performance standards are met by year 5 and stem densities are greater than 260 stem/acre, then the vegetation monitoring may be terminated with approval by the USACE and the NCIRT. Volunteer plants may count towards the vegetation performance standard if they are on the approved planted species list and are present for at least two growing seasons, or at the discretion of the IRT. A single species should only account for up to 50% of the required number of stems to meet success criteria. Additionally, using the mountain counties requirement, the average height of the vegetation should be 6 feet tall at year 5, and average 8 feet tall in year 7. Certain native species, which are appropriate to plant on -site to provide a diverse vegetation community, do not typically grow to these heights in 7 years and will be excluded from the height performance standard. For this project, these excluded species include all of the understory/shrub species presented in Table 6.7. Baker would also like to note that the overstory planting list contains the slower growing species Quercus phellos (willow oak), Quercus lyrata (overcup oak) and Diospyros virginiana (persimmon) at a combined total of 25% of the planted stems. While measuring species density and height is the current accepted methodology for evaluating vegetation success on mitigation projects, species density and height alone may be inadequate for assessing plant community health. For this reason, the vegetation monitoring plan may incorporate the evaluation of additional plant community indices, native volunteer species, and the presence of invasive species vegetation to assess overall vegetative success. Required remedial action will be provided on a case -by -case basis, such as: replanting more wet/drought tolerant species vegetation as appropriate, conducting beaver management/dam removal, and the treatment of undesirable/invasive species vegetation, and will continue to monitor vegetation performance until the corrective actions demonstrate that the site is trending towards or meeting the standard requirement. Invasive species will be treated such that they compose no more than 5% of the easement area. Existing mature woody vegetation will be visually monitored during annual site visits to document any mortality, due to construction activities or changes to the water table, that negatively impact existing forest cover or favorable buffer vegetation. Additionally, herbaceous vegetation, primarily native species grasses, will be seeded/planted throughout the site. During and immediately following construction activities, all ground cover at the project site must follow the NC Erosion and Sedimentation Control Ordinance. 8.0 MONITORING PLAN The monitoring plan for the Whittier Creek Site — Option D project is outlined below in Table 8.1 and describes the measurable connections between the previously stated goals and objectives to the performance standards and expected functional uplift. The approximate post -construction monitoring feature locations can be found in Figure 12. MICHAEL BAKER ENGINEERING, INC. PAGE 8-3 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) Table 8.1 Monitoring Plan Overview Whittier Creek Site — Option D Mitigation Project — NCDMS Proect No. 100020 Goal Treatment Performance Monitoring Outcome Likely Functional Standards Metric Uplift A dissipation of Restore bankfull Four damaging high Reconnect streams with events during s during Continuous Increased flows during flood stream appropriate the 7-year stage recorders bankfull events, events, hydrologic reaches to channel monitoring used to record restoring a improvement of their dimensions period (in bankfull more natural adjacent wetlands, floodplains. and raise separate events. flooding regime and increased stream bed years). . to the system floodplain access elevations. for sediment storage. Restored Restore streams will streams with maintain A reduction in appropriate bank -height- sediment loss to dimensions, ratios of less Cross section Stable stream streams from bank pattern, and than 1.2 and surveys and banks with erosion, along with Improve profile, entrenchment visual appropriate the resulting stream stabilize ratios greater than 2.2 (C inspections channel nutrient loss, stability. streambanks, hype) or 1.4 with dimensions and increased woody provide (B type), photographic sediment debris and organic floodplain provided documentation. transport. material in stream access, utilize visual resulting in bio- improved habitat. inspections engineering. also reveal stabilization. Install a variety of in- Inventory Increased stream comparisons of number of structures, in -stream pools and An increase in the Improve increasing the structures and woody quantity and aquatic debris woody debri N/A N/A from structures and quality of aquatic habitat. and the existing debris habitat features for habitat number and conditions and compared to the types of pools. as -built project and fish. Reduce surveys and existing sedimentation assessments. conditions. within riffles. Plant Interim At the end of Improved riparian appropriate survival rates Vegetation monitoring, a corridor habitat for Reestablish native of 320 monitoring vegetated native species, forested hardwood tree stems/acre at plots (100 m2 riparian buffer improved riparian and shrub MY3 and 260 each covering will be stabilization of buffers. species on steams/acre at 2% of the total established at a stream floodplain streambanks MY5, with planted area). minimum 30- (reducing sediment and in the final rate of foot width and loss), increased MICHAEL BAKER ENGINEERING, INC. PAGE 8-4 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) Table 8.1 Monitoring Plan Overview Whittier Creek Site — Option D Mitigation Project — NCDMS Proect No. 100020 Goal Treatment Performance Monitoring Outcome Likely Functional Standards Metric Uplift riparian buffer 210 at a minimum woody and organic at a 30-foot stems/acre at 210 stems/acre material in minimum MY7. of native buffer/stream width in all Average species, system. areas within heights of 6 ft including the at MY5 and 8 volunteers (with conservation ft at MY7. IRT approval). easement where established native trees and shrubs do not exist. Establish a Restored The functional Visual streams, uplift Permanently permanent Conservation inspections to wetlands, and improvements from protect the N/A confirm no buffers the project are project. Easement encroachments protected from maintained and (CE) for the into CE. damaging protected in entire project. encroachments. perpetuity. The as -built / baseline report will be submitted within 90 days of the completion of project construction (to include complete as -built record drawings with all vegetation planted and monitoring devices installed) and will follow the NCDMS As -Built Baseline Monitoring Report Format, Data, and Content Requirement (June 2017). The annual monitoring reports will follow the Annual Monitoring Report Format, Data Requirements, and Content Guidance (June 2017), while the closeout report will follow the Closeout Report Template — ver. 2.2 (January 2016). There will be at least a minimum of 6 months between the submission of the As -Built Baseline Report and the Year 1 Annual Monitoring Report. The annual monitoring reports will provide the information defined below within Table 8.2 and will be submitted to NCDMS by December 1st of the year during which the monitoring was conducted. The monitoring reports will provide a project data chronology for NCDMS to document the project status and trends, will assist with the population of NCDMS databases for analysis and research purposes, and will assist in decision making regarding progress towards a successful project close-out. Project success criteria must be met by the final monitoring year prior to project closeout, or monitoring will continue until unmet criteria are successfully met as directed by NCDMS and NCIRT. Table 8.2 Monitoring Requirements and Schedule Whittier Creek Site — Option D Mitigation Project — NCDMS Project No. 100020 Required Parameter Frequency Number/Locations Notes Pattern measurements will be calculated as part of the as-built/baseline report. Baseline/As- Additional pattern data, such as bank X Pattern built (MYO) Reach R7 erosion pins/arrays, will be collected only if there are visual indications or cross section survey data that suggest si nificant chanes have occurred. MICHAEL BAKER ENGINEERING, INC. PAGE 8-5 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) Table 8.2 Monitoring Requirements and Schedule Whittier Creek Site — Option D Mitigation Project — NCDMS Project No. 100020 Required Parameter Frequency Number/Locations Notes 11 cross sections. 5 Cross sections to be monitored over Monitoring within Reach R7, 1 seven (7) years and shall include X Dimension Years 1, 2, on UT4a, 3 on UT4b, assessment of bank height ratio (BHR) 3, 5 and 7 2 on UT5. See and entrenchment ratio (ER). Figure 12 For the Restoration and Enhancement I X Longitudinal Baseline/As- Reaches R7, UT4a, components of this project, the entire Profile built (MYO) UT4b, and UT5 channel length will be surveyed as part of the as -built record drawings. 1 continuous stage Surface recorder in Reach R7 The devices will be inspected on a X Water Annually channel, 1 in UT4b quarterly/semi-annual basis to document Hydrology channel, and 1 in- the occurrence of flow depth, duration, stream flow gauge on and bankfull events on the project. Reach UT5 4 permanent vegetation plots will Monitoring be established Vegetation will be monitored using the X Vegetation Years 1 2 throughout the Carolina Vegetation Survey (CVS) 3 5 and 7 , planted area, with 1 protocols. Plots will be 100 m2 in size ' additional random and total 2% of the planted area. plot each year (5 lots total annually) Locations of exotic and nuisance Exotic and Annually vegetation will be visually assessed, X Nuisance and as Project wide photographed, and mapped. These areas Vegetation ad needed will be treated as needed. Beaver signs and Animals and damage will be noted and beaver will be trap ed if discovered. Representative photographs will be taken to capture the state of the restored Annually stream, wetland, and vegetated buffer X Visual and as Project wide conditions. Stream photos will be Assessment needed preferably taken in the same location when the vegetation is minimal to document any areas of concern or to identify trends. Project Complete easement Locations offence damage, vegetation X Boundary Annually boundary damage, boundary encroachments, etc. will be photographed and mapped. MICHAEL BAKER ENGINEERING, INC. PAGE 8-6 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) 9.0 ADAPTIVE MANAGEMENT PLAN Upon completion of site construction, the post -construction monitoring protocols previously defined in this document will be implemented. Project maintenance will be performed as previously described in this document. If, during the course of annual monitoring it is determined the site's ability to achieve site performance standards are jeopardized, DMS will be notified of the need to develop a Plan of Corrective Action. The Plan of Corrective Action may be prepared using in-house technical staff or may require engineering and consulting services. Once the Plan of Corrective Action is prepared and finalized Michael Baker will: 1. Notify the USACE as required by the Nationwide 27 permit general conditions. 2. Notify the NCDWR. 3. Revise performance standards, maintenance requirements, and monitoring requirements as necessary and/or required by the USACE. 4. Obtain other permits as necessary. 5. Implement the Corrective Action Plan. 6. Provide the USACE a Record Drawing of Corrective Actions. This document shall depict the extent and nature of the work performed. MICHAEL BAKER ENGINEERING, INC. PAGE 9-1 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) 10.0 LONG-TERM MANAGEMENT PLAN The NC Department of Environmental Quality's Stewardship Program currently houses DMS stewardship endowments within the non -reverting, interest -bearing Conservation Lands Stewardship Endowment Account. The use of funds from the Endowment Account is governed by North Carolina General Statute GS 113A-232(d)(3). Interest gained by the endowment fund may be used only for the purpose of stewardship, monitoring, stewardship administration, and land transaction costs, if applicable. The NCDEQ Stewardship Program intends to manage the account as a non -wasting endowment. Only interest generated from the endowment funds will be used to steward the compensatory mitigation sites. Interest funds not used for those purposes will be re -invested in the Endowment Account to offset losses due to inflation. The site -protection instrument for the site is included in Appendix B. The project site will be protected and managed under the agreed upon terms outlined in the recorded conservation easement. The appropriate signage will be installed to mark the conservation easement boundary. The long-term manager/steward will be responsible for inspecting the site easement and signage, and for taking any corrective maintenance actions as needed. The landowner shall contact the long-term manager/steward regarding any clarification about easement restrictions and is responsible for maintaining all livestock -excluding fencing and/or permanent crossings. Should land use change in the future, the landowner will be responsible for the installation and maintain of any additional fencing that might be required to fulfill the conditions of the conservation easement. MICHAEL BAKER ENGINEERING, INC. PAGE 10-1 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) ct � U ct U ct M [� ct ct N � r-! U c H U 2 i U � U U „O bA �a .o O � C4 �Q U Q ct o.� OC"t U ct O x U O rr ll •� C,3 ct O � � i-r U O � N Ocn"C O � O U O LP; H � � c O � �U d on l L O� CC �, h x x ° CC N -- 00 ^O O Qj cn M O iUi O o w � O z U � !� oo 00 O CW M 00 00 � o U O O 0000 O N o0 N O 0000 U I .w � O O� M N U O GA a U GIJ G% a� '~ O 00 W 32 c� Q C l U I U � � y O O ^ �" W ✓ ✓ ✓ U V V V � A T O a z O a 0 z 0 (90 z� W O J zwa (9 zwyz af W W J Yafa m U O WWa 2 H 0 U=H Q U un z U � � M O 0 �y O Y I --I rl � y � O U O H3a N U cc oQ O O CC t " to C C �Q � O O �`1 aka � � cn z O �aC a� a W W W u w on F* U a x a U W 0 a z 0 a c� U� z 0 00 z wo— w wa Z.�U- zU) af wyz W J Yafa <oz 0 WWa <F U=H 12.0 REFERENCES Arcement, G.J., and V.R. Schneider. 1989. Guide for Selecting Manning's Roughness Coefficients for Natural Channels and Floodplains. United States Geological Survey Water -Supply Paper 2339. hLtp://pubs.usgs.gov/wsp/2339/report.pdf Bryant, Bruce and John C. Reed. 1970. Geology of the Grandfather Mountain Window and Vicinity, North Carolina and Tennessee. Geological Survey Professional Paper 615. Dept. of the Interior — United States Geological Survey. Daniel III, Charles C. and Paul R. Dahlen. 2002. Preliminary Hydrogeologic Assessment and Study Plan for a Regional Ground -Water Resource Investigation of the Blue Ridge and Piedmont Provinces of North Carolina (Report 02-4105). Dept. of the Interior — United States Geological Survey. Daniels et al. 1999. Soils Systems of North Carolina. Technical Bulletin 314. North Carolina State University, Dept. of Soil Science. Raleigh, NC. Dunne, T. and L.B. Leopold. 1978. Water in Environmental Planning. W.H. Freeman and Company, New York. Espenshade, G.H., D.W. Rankin, K. Wier Shaw, and R.B. Neuman. 1975. Geologic Map of the Est Half of the Winston-Salem Quadrangle, North Carolina -Virginia (Map I-709-B). Dept. of the Interior — United States Geological Survey. Federal Geographic Data Committee (FGDC). 2013. Classification of wetlands and deepwater habitats of the United States. FGDC-STD-004-2013. Second Edition. Wetlands Subcommittee, Federal Geographic Data Committee and U.S. Fish and Wildlife Service, Washington, DC. Federal Interagency Stream Restoration Working Group (FISRWG). 1998 (revised 8/7/01). Stream corridor restoration: Principles, processes and practices. National Technical Information Service. Springfield, VA. Griffith, G.E., Omernik, J.M., Comstock, J.A., Schafale, M.P., McNab, W.H., Lenat, D.R., MacPherson, T.F., Glover, J.B., and Shelburne, V.B. 2002. Ecoregions of North Carolina and South Carolina, (color poster with map, descriptive text, summary tables, and photographs): Reston, Virginia, U.S. Geological Survey (map scale 1:1,500,000). Harman, W.H. et al. 1999. Bankfull Hydraulic Geometry Relationships for North Carolina Streams. AWRA Wildland Hydrology Symposium Proceedings. Edited By: D.S. Olsen and J.P. Potyondy. AWRA Summer Symposium. Bozeman, MT. Harman, W., R. Starr, M. Carter, K. Tweedy, M. Clemmons, K. Suggs, C. Miller. 2012. A Function -Based Framework for Stream Assessment and Restoration Projects. US Environmental Protection Agency, Office of Wetlands, Oceans, and Watersheds, Washington, DC EPA 843-K-12-006. Lane, E. W. 1955. Design of stable channels. Transactions of the American Society of Civil Engineers. Paper No. 2776: 1234-1279. Lee, M., Peet R., Roberts, S., Wentworth, T. 2008. CVS-DMS Protocol for Recording Vegetation, Version 4.2. Leopold, L.B. 1994. A View of the River. Harvard University Press. Cambridge, MA. Leopold, L.B. and T. Maddock, Jr. 1953. The Hydraulic Geometry of Stream Channels and Some Physiographic Implications. Geological Survey Professional Paper 252. US Dept of Interior, Washington, D.C. MICHAEL BAKER ENGINEERING, INC. PAGE 12-1 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) Leopold, L. B., M.G. Wolman, and J.P. Miller. 1964. Fluvial Processes in Geomorphology. San Francisco, CA. (151). MRLC. 2011. National Land Cover Database. Available online at: https://www.mrlc.gov/nlcd20l I.php. National Resource Conservation Service (MRCS). 2007. Soil Survey of Surry County, North Carolina. https://www.nres.usda.gov/Internet/FSE MANUSCRIPTS/north_ carol1na/NC17I/0/Surry_pdf National Oceanic and Atmospheric Association (NOAA). 2018. Agricultural Applied Climate Information System (AgACIS) for Surry County. WETS Station Mount Airy 2 W, NC FIP 37171. Website Cited on April 5, 2018. http://agacis.rcc-acis.org/ North Carolina Division of Water Resources (DWR). 2008. Yadkin Pee -Dee River Basinwide Water Quality Plan, North Carolina Department of Environmental Quality, Raleigh, NC. Available URL: https://deg.nc.gov/about/divisions/water-resources/plannin /bg asin-planning/water-resource- plans/yadkin-pee-dee 2010. Methodology for Identification of Intermittent and Perennial Streams and their Origins, Version 4.11. North Carolina Department of Environmental Quality, Division of Water Resources. Raleigh, NC. Yadkin River Basin Classification Schedule. Viewed Sept. 2019. NC Department of Environmental Quality. Raleigh, NC. Available at: hiips:Hdeg.nc.gov/river-basin-classlfcation-schedule North Carolina Department of Transportation. 2003. Reference Reach Database. In publication. North Carolina Division of Mitigation Services. 2013. Ararat -Pilot Mountain Local Watershed Plan — Watershed Management Plan. NC Department of Environmental Quality. Raleigh, NC. 2009. Upper Yadkin Pee -Dee River Basin Restoration Priorities. NC Department of Environmental Quality. Raleigh, NC. North Carolina Floodplain Mapping Program. 2018. [Online WWW]. Available URL: www.ncfloodmaps.com Also available as ArcGIS Server feature at: hl!p://hazards.fema.gov/gis/nflil/services. North Carolina Geological Survey, 1985. Geologic Map of North Carolina. Raleigh, North Carolina Department of Natural Resources and Community Development, Geological Survey Section. Scale 1:500,000. Available for download as GIS feature at: http:Hdata.nconemap.gov/downloads/vector/ eg ol.zip. North Carolina Natural Heritage Data Explorer North Carolina Department of Natural and Cultural Resources, Natural Heritage Program. Raleigh, NC. September 2017. Data Explorer (hl!ps://ncnhde.natureserve.org North Carolina Wetland Functional Assessment Team. 2010. North Carolina Wetland Assessment Method. v4.1, October 2010. Rosgen, D. L., 1994. A classification of natural rivers. Catena 22:169-199. . 1996. Applied River Morphology. Wildland Hydrology Books, Pagosa Springs, Colo. 2001. A Stream Channel Stability Assessment Methodology. Proceedings of the Seventh Federal Interagency Sedimentation Conference, Vol. 2, pp. II - 18-26, March 25-29, 2001, Reno, NV: Subcommittee on Sedimentation. 2006. Watershed Assessment of River Stability and Sediment Supply (WARSSS). Wildland Hydrology Books, Fort Collins, CO. (648). MICHAEL BAKER ENGINEERING, INC. PAGE 12-2 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) Schafale, M. P., and A. S. Weakley. 1990. Classification of the Natural Communities of North Carolina, third approximation. North Carolina Department of Natural and Cultural Resources, Natural Heritage Program. Raleigh, NC. Simon, A. 1989. A model of channel response in disturbed alluvial channels. Earth Surface Processes and Landforms 14(1):11-26. United States Army Corps of Engineers. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1. Environmental Laboratory. US Army Engineer Waterways Experiment Station. Vicksburg, MS. 2016. Wilmington District Stream and Wetland Compensatory Mitigation Update. North Carolina Interagency Review Team — October 24, 2016. Wilmington District. 2012. Regional Supplement to the Corps ofEngineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region Version 2.0. ed. J.F. Berkowitz, J.S. Wakeley, R.W. Lichvar, C.V. Noble. ERDC/EL TR-12-9. Vicksburg, MS: US Army Engineer Research and Development Center. .2003. Stream Mitigation Guidelines, April 2003, U.S. Army Corps of Engineers. Wilmington District. United States Fish and Wildlife Service (USFWS). 2017. Endangered Species, Threatened Species, Federal Species of Concern and Candidate Species, Surry County, NC. Available online at: hLtp://www.fws.gov/raleigh/species/cniylist/sIM.html 2017. Official Species List. Whittier Creek, NC. Asheville, NC. ECOS-IPaC website. September 18, 2017. Consultation Code: 04EN1000-2017-SLE-0596. United States Geological Survey. 2012. The StreamStats web program for North Carolina. Available online at: hLtps://water.usgs.gov/osw/streamstats/north—carolina.html. Walker, A. 2012. NC Rural Mountain and Piedmont Regional Curve. Unpublished, NRCS. Personal Communication. Wolman, W.G., and L.B. Leopold. 1957. River Flood -plains — Some Observations on their Formation. U.S. Geological Survey Professional Paper 282C: 87-109 MICHAEL BAKER ENGINEERING, INC. PAGE 123 WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS NO. 100020 MITIGATION PLAN (FINAL) APPENDIX A: (FIGURES, MAPS, AND SUPPLEMENTARY INFORMATION) MICHAEL BAKER ENGINEERING, INC. WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DIMS PROJECT NO. 100020 MITIGATION PLAN (FINAL) 1►' 77 Michael Baker r 7A`> %.., k te is ... . within 1, and within the LWP +, _ a Michael Baker x ' N r y'; VIM— tw, IL •r its. r '.l�l[ �'\f . •e�' �: d f. y fir A; fir. �1��r:. �9R�. ✓'�"�� �.-ri��; `�� i A �¢¢ Beaver Creek Site '.y V.L.\ ii"" '! 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R NUrSe T- J a z 0 a z w H z Whittier Creek Cross -Section Graphs Stream BKF Max BKF Feature Type BKF Area BKF Width Depth Depth W/D BH Ratio ER BKF Elev TOB Elev 1 Riffle I B4 1 5.49 1 8.05 0.68 1.26 1 11.8 2.2 2.38 92.62 93.17 Stream BKF Max BKF Feature Type BKF Area BKF Width Depth Depth W/D BH Ratio ER BKF Elev TOB Elev 1 Riffle I B4 1 5.12 1 7.76 0.66 1.6 1 11.76 1.4 1.99 91.89 92.46 Whittier Creek Cross -Section Graphs Stream BKF Max BKF Feature Type BKF Area BKF Width Depth Depth W/D BH Ratio ER BKF Elev TOB Elev Riffle I E4 1 13.96 10.13 1.38 2.21 1 7.34 2.13 2.28 190.65 193.18 Stream BKF Max BKF Feature Type BKF Area BKF Width Depth Depth W/D B BKF Elev TOB Elev Riffle G4 9.46 9.51 0.99 1.21 9.6 2.2 1.33 191.15 192.63 Whittier Creek Cross -Section Graphs Stream BKF Max BKF Feature Type BKF Area BKF Width Depth Depth W/D BH Ratio ER BKF Elev TOB Elev Riffle I E4b 1 9.93 1 7.3 1.36 1.6 1 5.37 1.3 2.4 190.23 190.74 Feature Stream Type BKF Area BKF Width BKF Depth Max BKF Depth W/D BH Ratio ER BKF Elev TOB Elev Riffle I G4 1 33.49 1 18.46 1.8 2.2 10.2 3.1 1.19 89.05 93.58 Whittier Creek Site Cross -Section 6 (R7) 96 95 94 93 92 c91 ---------------------------------------- 90 w89 ---------------------------------- 88 - As -built 87 -- --- Bankfull 86 -- --- Floodprone 85 0 10 20 30 40 50 Station (ft) Whittier Creek Cross -Section Graphs Stream BKF Max BKF Feature Type BKF Area BKF Width Depth Depth W/D BH Ratio ER BKF Elev TOB Elev Riffle F4 38.77 21.68 1.79 2.3 1 12.11 3.0 1.11 189.71 194.39 O O O O O O O C O � 0 o H � N OD � N E N N fn X d N N o N Ua a d c w O � aUi d a 00 0 O U W O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 WOWOd angelnwno C O _ La7 E H E 00 m N H U N XV Y O N N y N L L D w O d tU d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 IU03JOd SSPIO a L ( M M (O 00 o 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 U 'IT 'IT 'IT 'IT (O O N In 'ITO 000 0 O O O O O O - - �,.� � M M M M m m 0 0 0 0 0 0 0 0 0 0 0 0 a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O ca M M N (O N m In N O UYG U W o m M N (O N m M M N (O (O I- In N O F N .-I 0 W U[° o w w U � g Ow 0 0 Vi W W F-I FCi O O O O O O O C O � O O N M •N fA N X V N o N L � L R Ua a d 71, O tU d a 00 0 N o U W O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 WOWOd angelnwno C O Q 7 _ E � N N O N M U CO N XU N N N N co v U � do a =U � y �m m d a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 IU03JOd SSBIO 00 0 N U x W ■ 0 0 0 N N O 0 0 0 0 0 0 0 0 0 0 0 0 0 N O 0 0 o 0 0 0 0 0 0 0 ON o co 0 0 0 O UYG ca N I� M M (O (O (0 N U W (O V M O o0 M (O Ncq O F v p 7 �O a. .N. N O 7 .—I 4-i �O •ti N vi •� �i �i a � hi m 7 �O O1 N oo . vi . �O /� �C C� � 0 � O oo � -� N .� N m ,� W U[° o w w F j W U W W U j j � g Ow 0 0 Vi W W F-I FCi O O O O O O O C O � O O R � c0 E N La •N fN N X V N o N L Ua a o tU d a 0 N o U W O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 WOWOd anl;elnwno ■ ■ 0 N 0 U x W ■ 0 0 0 — — (O "t Nr co 0 M 0 0 0 0 0 0 O W O O GC In W m 00 V O UYG U � W In M M O rn ao c o F 4 _ 0 W U � g Ow 0 0 Vi W W F-I FCi O O O O O O O C O � O O N_ Op IO N N_ x N U f6 a a 20 �U d d a 00 0 N o U W O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 WOWOd anl;elnwno C O 7 _ E E � •N N Op X R N yU N co d � � — 0 d tU d d a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ;u03aad SSBIO 00 0 N U x W ■ 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 U 0 0 0 N o0 N M 'IT M 'IT M 'IT M 'IT IIT 'IT M In CO CO O co N M O O O O O O O O O O O O O O O O O O O O O O O O 0 GC o 0 o M 0 M 0 V 0 co 0 V 0 0 N o M o In O O UY U W C M M V W V � N M In O F N U CG .-I m N N O O O N N N O 7 �O O N Vi 7 O al 00o V�i N 4 7 4-i �O •ti N vi •� �i �i a � hi m 7 �O O1 N oo vi �O /� �C C� � 0 � O oo � -� N •� N m ,� W U[° o w w U � g Ow 0 0 Vi W W F-I FCi O O O O O O O C O � O O N_ O n N N_ X y (A a 20 �U d d a 00 0 N o U W O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 WOWOd angelmno 00 0 N 0 U x W ■ C O _ 7 E E � •N N Op CO � N U x N yUmm N i .Nco V D 0 d tU d d a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 IU03JOd SSBIO C O _ 7 E E � •N N Op CO � N U x N yUmm N i .Nco V D 0 d tU d d a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 IU03JOd SSBIO 0 0 0 0 (O 0) a) a)0�� � a) � ��� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O UYG ca (O M U W (O m F v s°. oN o W V m �O •ti N Vi •� �i �i a w o 0 `O (V c� m -I , 7 a �O o O1 00 N o o7 w vi cc �C C� a 0 O oo -� N W U[° o w w F j W U W U j j � g Ow 0 0 ma5y �/1 Vi W W . 1517 Whittier Creek Existing Conditions Photographs Upper UT5, upstream (8/3/18) Upper UT5 at XS-1, downstream (4/9/18) Middle UT5, downstream (4/9/18) Lower UT5 at XS-2, upstream (4/9/18) Lower UT5, upstream (12/12/17) Lower UT5, downstream (12/12/17) Whittier Creek Existing Conditions Photographs Top of UT4a, downstream (12/12/17) UT4a at XS-5, downstream (4/9/18) Lower UT4a at bedrock, downstream (12/12/17) UT4a, upstream (12/12/17) UT4a, downstream (12/12/17) Upper UT4b, left bank (12/12/17) Whittier Creek Existing Conditions Photographs Upper UT4b, downstream (12/12/17) Lower UT4b, downstream (4/9/18) Lower UT4b, downstream (4/9/18) Middle UT4b, downstream (12/12/17) Lower UT4b, upstream (4/9/18) Upper R7, upstream (12/12/17) Whittier Creek Existing Conditions Photographs Upper R7, downstream (12/12/17) Upper R7, downstream (12/12/17) Middle R7, right bank (12/12/17) Upper R7, downstream (12/12/17) Upper R7, upstream (12/12/17) Middle R7, downstream (12/12/17) Whittier Creek Existing Conditions Photographs Lower R7, downstream (4/9/18) Lower R7, downstream (4/9/18) Lower R7, downstream (4/9/18) Lower R7, upstream (4/9/18) Lower R7, left bank (4/9/18) APPENDIX B: (SITE PROTECTION INSTRUMENT) The land required for the construction, management, and stewardship of this mitigation project includes portions of the parcels listed below in Table B.I. The conservation easement boundaries are shown in Figure B.1, and copies of the recorded survey plat are provided below. Table B.1 Site Protection Instrument Summary Whittier Creek Site — Option D Mitigation Project — NCDMS Project No. 100020 Parcel Site Deed Book Acreage Number Landowners PIN County Protection and Page Protected Instrument Numbers Charles D. Holcomb, Michael Conservation Book 1655, CE-A G. Holcomb, Elmer 592600804164 Surry 0.67 E. Holcomb, and Easement Pages 43-57 Wilma F. Holcomb Charles D. Holcomb, Michael Conservation Book 1655, CE-B G. Holcomb, Elmer 592600804164 Surry Easement Pages 43-57 0.57 E. Holcomb, and Wilma F. Holcomb Charles D. Holcomb, Michael Conservation Book 1655, CE-C G. Holcomb, Elmer 592600804164 Surry Easement Pages 43-57 0.34 E. Holcomb, and Wilma F. Holcomb Charles D. Holcomb, Michael Conservation Book 1655 CE-D G. Holcomb, Elmer 592600804164 Surry 1.28 E. Holcomb, and Easement Pages 43-57 Wilma F. Holcomb CE-E Angela D. Key 592600901044 Surry Conservation Book 1655, 0.44 Easement Pages 58-70 CE-F Angela D. Key 592600901044 Surry Conservation Book 1655, 3,66 Easement Pages 58-70 A conservation easement has been obtained and recorded from the current landowners for the entire project. The easement and survey plat was reviewed and approved by NCDMS and State Property Office (SPO) and is now held by the State of North Carolina. The easements were recorded into Deed Book 1655 Pages 43-70 and the surveyed plat was recorded into Plat Book 35 Page 166 at the Surry County Register of Deeds on December 20, 2018. The secured conservation easement allows Baker to proceed with the restoration project and restricts the land use in perpetuity. MICHAEL BAKER ENGINEERING, INC. WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS PROJECT NO. 100020 MITIGATION PLAN (FINAL) a ... 4Y �. Q �0 y O CD N O t 0 N IL i (B 12) ti.•.. � z � U O N V! O O LL c0 W c0 W ! g lC O 4— . O O N C - M tv pyZ O p 0) CL coca -.e.-. U I i1 t Mo, - O U- O U LO U C) Ij .: — o 0 N O 0 c0 O c Q cu -- cu �_ U co -r: O N t c� _ U O O O O O ;`.. O N O O D U' == O 0 _ _ (� (6 cB i c0 Ln O co cu U o U m m Rya d a) U NUCSe U) a w z 0 o � o U ~ U) a C o � z U C w H Z �O r U z ��� —_sue W FgFzgg net az4agF � � o wa � �g z # _ �izS. 3 �LL,w' 55 g m a g o o z W a a g m a_ o ®.o@ x�ULM l l 1�1 VF €No 1 �aij�xi �YJ� "HIE n �� w°ta� mGgow�<om� LLs '� o � s� �_ �� .. z 0 0 z � m s §Ogq� is o q sa�P m =tea w€ g w zg�M o=m �o�ga� o� -xs mg<s� No ag z y� 0 0 N0z y ass mmz ZU FY •' °w §x z W WI-U❑ N 0g¢= w 3i? pbbJ q4 .. a�}0J Z S� h bC�i aye � W41W� ° Lo < r-wTm�$ x aV¢4 ?�vt W W O 0 0 Sty 0 0 LL r m 0 C o � U O 3 w 33 3 33333 3w 3 zzz� z _z! mz z- zzz .2z� zzzzzzz .. zzzzz zzz o wwwww33 wwww33mw w3w�;w�ww m zymm�+mz mzzz zv�mma zcnmm APPENDIX C: (CREDIT RELEASE SCHEDULE) All credit releases will be based on the total credits generated as reported by the as -built survey of the mitigation site. Under no circumstances shall any mitigation project be debited until the necessary Department of the Army (DA) authorization has been received for its construction or the District Engineer (DE) has otherwise provided written approval for the project in the case where no DA authorization is required for construction of the mitigation project. The DE, in consultation with the NCIRT, will determine if performance standards have been satisfied sufficiently to meet the requirements of the release schedules below. In cases where some performance standards have not been met, credits may still be released depending on the specifics of the case. Monitoring may be required to restart or be extended, depending on the extent to which the site fails to meet the specified performance standard. The release of project credits will be subject to the criteria described in Table C.1 as follows: Table C.1 Stream Credit Release Schedule Whittier Creek Site — Option D Mitigation Project — NCDMS Project No. 100020 Credit ILF/NCDMS Interim Total Release Release Activity Milestone Release Released 1 Site Establishment 0% 0% 2 Completion of all initial physical and biological 30% 30% improvements made pursuant to the Mitigation Plan 3 Year 1 monitoring report demonstrates that channels are ° 10 /° ° 40/° stable and interim performance standards have been met 4 Year 2 monitoring report demonstrates that channels are ° 10 /° ° 50/° stable and interim performance standards have been met 5 Year 3 monitoring report demonstrates that channels are ° 10 /° ° 60/° stable and interim performance standards have been met * Year 4 monitoring report demonstrates that channels are 5% 65% 6 stable and interim performance standards have been met (75%**) 7 Year 5 monitoring report demonstrates that channels are ° 10% 75% stable and interim performance standards have been met (85%**) * Year 6 monitoring report demonstrates that channels are ° 5 /° 80% 8 stable and interim performance standards have been met (90%**) Year 7 monitoring report demonstrates that channels are 90% 9 stable, and performance standards have been met and 10% roject has been approved for closeout (100% ) * Please note that vegetation data may not be required with monitoring reports submitted during these monitoring ears unless otherwise required by the Mitigation Plan or directed by the NCIRT. * * 10% reserve of credits to be held back until the bankfull event performance standard has been met. MICHAEL BAKER ENGINEERING, INC. WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS PROJECT NO. 100020 MITIGATION PLAN (FINAL) The following conditions apply to all the credit release schedules: a. A reserve of 10% of a site's total stream credits will be released after four bankfull events have occurred, in separate years, provided the channel is stable and all other performance standards are met. In the event that less than four bankfull events occur during the monitoring period, release of these reserve credits is at the discretion of the NCIRT. b. After the second milestone, the credit releases are scheduled to occur on an annual basis, assuming that the annual monitoring report has been provided to the USACE in accordance with Section IV (General Monitoring Requirements) of the 2016 Wilmington District Stream and Wetland Compensatory Mitigation Update, and that the monitoring report demonstrates that interim performance standards are being met and that no other concerns have been identified on -site during the visual monitoring. All credit releases require written approval from the USACE. c. The credits associated with the final credit release milestone will be released only upon a determination by the USACE, in consultation with the NCIRT, of functional success as defined in the Mitigation Plan. MICHAEL BAKER ENGINEERING, INC. WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS PROJECT NO. 100020 MITIGATION PLAN (FINAL) APPENDIX D: (FINANCIAL ASSURANCE) Pursuant to Section IV H and Appendix III of the NC Division of Mitigation Services' In -Lieu Fee Instrument dated July 28, 2010, the North Carolina Department of Environmental Quality has provided the USACE- Wilmington District with a formal commitment to fund projects to satisfy mitigation requirements assumed by NCDMS. This commitment provides financial assurance for all mitigation projects implemented by the program. MICHAEL BAKER ENGINEERING, INC. WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS PROJECT NO. 100020, MITIGATION PLAN (FINAL) APPENDIX E: (MAINTENANCE PLAN) The site will be monitored on a regular basis and a physical inspection of the site will be performed at least once a year throughout the post -construction monitoring period until performance standards are met. These site inspections may identify issues that require routine maintenance. Routine maintenance is most likely to be expected in the first two years following site construction and may include the following components as described below in Table E.1: Table E.1 Routine Maintenance Components Whittier Creek Site — Option D Mitigation Project — NCDMS Project No. 100020 Component/Feature Maintenance through project close-out Stream Routine channel maintenance and repair activities may include modifying in -stream structures to prevent piping, securing loose coir matting, and supplemental installations of live stakes and other target vegetation along the project reaches. Areas of concentrated stormwater and floodplain flows that intercept the channel may also require maintenance to prevent streambank failures and head -cutting until vegetation becomes established. Vegetation Vegetation will be maintained to ensure the health and vigor of the targeted plant community. Routine vegetation maintenance and repair activities may include supplemental planting, pruning, and fertilizing. Exotic invasive plant species will be treated by mechanical and/or chemical methods. Any invasive plant species control requiring herbicide application will be performed in accordance with NC Department of Agriculture (NCDA) rules and regulations. Site Boundary Site boundaries will be demarcated in the field to ensure clear distinction between the mitigation site and adjacent properties. Boundaries shall be identified by fence, marker, bollard, post, or other means as allowed by site conditions and/or conservation easement. Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced on an as needed basis. Fann Road Crossing The farm road crossings within the site may be maintained only as allowed by the recorded Conservation Easement, deed restrictions, rights of way, or corridor agreements. Culverts and fords located at crossings outside of the easement will be maintained for stability and to maintain flow whenever possible with respect to these restrictions. Beaver Management Routine maintenance and repair activities caused by beaver activity may include supplemental planting, pruning, and dam breeching, dewatering, and/or removal. Beaver management will be performed in accordance with US Department of Agriculture (USDA) rules and regulations using accepted trapping and removal techniques only within the project boundary. MICHAEL BAKER ENGINEERING, INC. WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS PROJECT NO. 100020 MITIGATION PLAN (FINAL) APPENDIX F: (DWR STREAM IDENTIFICATION FORMS) MICHAEL BAKER ENGINEERING, INC. WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS PROJECT NO. 100020 MITIGATION PLAN (FINAL) F�l44rN * I (� UT S NC DWO Stream Identification Form Version 4.11 >, vi".,-, pe."j Date: `'Z �'� { �� ProjecVSite: t, � [ Latitude: 2(p Evaluator: V. t County: 7 f Longitude: 8 0, Sl 8� Total Points: Stream is at least intermittent { ( Stream Determination (circle Ephemeral Intermittent erenni t Other /N �1 Quad Name: ifa 19 or perennial if? 30" ` e.g. A. Geomorphology (Subtotal = L� - 5 ) Absent Weak Moderate Strong 1" Continuity of channel bed and bank 0 1 2 2. Sinuosity of channel along thalweg 0 , 2 3 3. In -channel structure: ex, riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 2 3 9. Grade control D z5Z5 1 1.5 10. Natural valley 0 0.5 1.5 11. Second or greater order channel = Yes = 3 - artiticial Mches are not rated; see discussions in manual B. Hvdroloav (Subtotal = q. c- ) 12. Presence of Baseflow 0 1 2 Cn 13. Iron oxidizing bacteria 0 1 3 14. Leaf litter 1.5 0.5 0 15. Sediment on plants or debris 0 1 1.5 16. Organic debris lines or piles 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 es = 3 U. Bioloav (Subtotal = 1113 18. Fibrous roots in streambed 3 1 0 19. Rooted upland plants in streambed 2 1 0 20. Macrobenthos (note diversity and abundance) 1 2 3 21. Aquatic Mollusks o 0 1 2 3 22. Fish �,,;hny „�, �� , ,, 0 1 1.5 23. Crayfish G t Lti„ �,� .,� 0 0.5 1 1.5 24. Amphibians 0.5 1 1.5 25. Algae 0 0.5 0_0 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Pith& = 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch:--- // (f -=--�-� 2rA� UT�( NC DWO Stream Identification Form VPrcinn 4.11 Date: Q l( Z (1 & Project/Site: { Latitude: 2( e . a Evaluator: S K - 1 County: SJ fi Longitude: _ ro l � Total Points: `" Stream is at least intermittent 3 Stream Determination (circle Intermittent erennia Other %� S� Quad Name: if? 19 or perennial if 2! 30" IEphemeral e.g. A. Geornor holo (Subtotal = O } Absent Weak Moderate Strong 1 a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 4. Particle size of stream substrate 0 1 2 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 3 8. Headcuts 1 2 3 9. Grade control ,�,� 0 0.5 1.5 10. Natural valley 0 0.5 11. Second or greater order channel No = 0 es = 3 artinciai aucnes are not rated; see discussions in manual B. Hvdroloav (Subtotal = 1 12. Presence of Baseflow 0 1 2 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1.5 17. Soil -based evidence of high water table? No = 0 es = C. Bioloov (Subtotal = 10 2 1 0 Lag 'J.,s�4 sty e s- 18. Fibrous roots in streambed 19. Rooted upland plants in streambed 2 1 0 20. Macrobenthos (note diversity and abundance) 0 2 3 21. Aquatic Mollusks 0 1 3 22. Fish 0 1 1.5 23. Crayfish 0.5 1 1.5 24. Amphibians +J 0.5 1 1.5 25. Algae 0 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Cher = 0 "perennial streams may also be identified using other methods. See p. 35 of manual. Notes: ((�� RO Sketch: _� r "SN! wt UT L( APPENDIX G: (NC-SAM AND NC-WAM ASSESSMENT FORMS) MICHAEL BAKER ENGINEERING, INC. WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS PROJECT NO. 100020 MITIGATION PLAN (FINAL) NC SAM FIELD ASSESSMENT FORM R7 (Whittier Creek) Accompanies User Manual Version 2.1 USACE AID #: NCDWR #: INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT/SITE INFORMATION: 1. Project name (if any): Whittier Creek 3. Applicant/owner name: Baker Engineering 5. County: Surry 7. River basin: Yadkin Date of evaluation: 4/9/2018 Assessor name/organization: Nearest named water body on USGS 7.5-minute quad: Scott King / Kristi Suggs Ararat River 8. Site coordinates (decimal degrees, at lower end of assessment reach): 36.3770,-80.5980 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): R7 (Whittier Creek) 10. Length of assessment reach evaluated (feet): 1,598 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 6 ❑Unable to assess channel depth. 12. Channel width at top of bank (feet): 21 13. Is assessment reach a swamp steam? ❑Yes ❑No 14. Feature type: ®Perennial flow ❑Intermittent flow ❑Tidal Marsh Stream STREAM CATEGORY INFORMATION: 15. NC SAM Zone: ❑ Mountains (M) ® Piedmont (P) ❑ Inner Coastal Plain (1) ❑ Outer Coastal Plain (0) 16. Estimated geomorphic ❑AL 1 ®B valley shape (skip for Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip ❑Size 1 (< 0.1 mi2) ❑Size 2 (0.1 to < 0.5 mil) ®Size 3 (0.5 to < 5 mil) ❑Size 4 (>_ 5 mil) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑Section 10 water ❑Classified Trout Waters ❑Water Supply Watershed (❑l ❑II ❑III ❑IV ❑V) ❑Essential Fish Habitat ❑Primary Nursery Area ❑ High Quality Waters/Outstanding Resource Waters ❑Publicly owned property ❑NCDWR Riparian buffer rule in effect ❑Nutrient Sensitive Waters ❑Anadromous fish ❑303(d) List ❑CAMA Area of Environmental Concern (AEC) ❑Documented presence of a federal and/or state listed protected species within the assessment area. List species: ❑Designated Critical Habitat (list species) 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? ❑Yes ®No 1. Channel Water —assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) ®A Water throughout assessment reach. ❑B No flow, water in pools only. ❑C No water in assessment reach. 2. Evidence of Flow Restriction — assessment reach metric ❑A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams, beaver dams). ®B Not 3. Feature Pattern — assessment reach metric ®A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). ❑B Not 4. Feature Longitudinal Profile — assessment reach metric ®A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). ❑B Not 5. Signs of Active Instability — assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). ❑A < 10% of channel unstable ❑B 10 to 25% of channel unstable ®C > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB ❑A ❑A Little or no evidence of conditions that adversely affect reference interaction ❑B ❑B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) ®C ®C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. ®A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) ®B Excessive sedimentation (burying of stream features or intertidal zone) ❑C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem ❑D Odor (not including natural sulfide odors) ❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch" section. OF Livestock with access to stream or intertidal zone ®G Excessive algae in stream or intertidal zone ❑H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) ❑I Other: (explain in "Notes/Sketch" section) ❑J Little to no stressors 8. Recent Weather — watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. ❑A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours ❑B Drought conditions and rainfall exceeding 1 inch within the last 48 hours ®C No drought conditions 9. Large or Dangerous Stream — assessment reach metric ❑Yes ®No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types — assessment reach metric 10a. ®Yes ❑No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) ❑A Multiple aquatic macrophytes and aquatic mosses F, W ❑F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) F CD ❑G Submerged aquatic vegetation ®B Multiple sticks and/or leaf packs and/or emergent o Y ❑H Low -tide refugia (pools) vegetation Y rC ❑1 Sand bottom ❑C Multiple snags and logs (including lap trees) r ❑J 5% vertical bank along the marsh ®D 5% undercut banks and/or root mats and/or roots ❑K Little or no habitat in banks extend to the normal wetted perimeter ❑E Little or no habitat *********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS**************************** 11. Bedform and Substrate— assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11a. ❑Yes ®No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11b. Bedform evaluated. Check the appropriate box(es). ®A Riffle -run section (evaluate 11c) ❑B Pool -glide section (evaluate 11d) ❑C Natural bedform absent (skip to Metric 12, Aquatic Life) 11c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach —whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but < 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P ® ❑ ❑ ❑ ❑ Bedrock/saprolite ® ❑ ❑ ❑ ❑ Boulder (256 — 4096 mm) ❑ ❑ ❑ ® ❑ Cobble (64 — 256 mm) ❑ ❑ ❑ ® ❑ Gravel (2 — 64 mm) ❑ ❑ ® ❑ ❑ Sand (.062 — 2 mm) ® ❑ ❑ ❑ ❑ Silt/clay (< 0.062 mm) ® ❑ ❑ ❑ ❑ Detritus ❑ ® ❑ ❑ ❑ Artificial (rip -rap, concrete, etc.) 11d. ❑Yes ❑No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12 Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams) 12a. ®Yes ❑No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. ❑No Water ❑Other: 12b. ®Yes ❑No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams. ❑ ❑Adult frogs ❑ ❑Aquatic reptiles ❑ ❑Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) ❑ ❑Beetles ❑ ®Caddisfly larvae (T) ❑ ❑Asian clam (Corbicula) ❑ ®Crustacean (isopod/amphipod/crayfish/shrimp) ❑ ❑Damselfly and dragonfly larvae ❑ ❑Dipterans ❑ ❑Mayfly larvae (E) ❑ ❑Megaloptera (alderfly, fishfly, dobsonfly larvae) ❑ ❑Midges/mosquito larvae ❑ ❑Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) ❑ ❑Mussels/Clams (not Corbicula) ❑ ®Other fish ❑ ®Salamanders/tadpoles ❑ ®Snails ❑ ❑Stoneflylarvae (P) ❑ ❑Tipulid larvae ❑ ❑Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB ❑A ❑A Little or no alteration to water storage capacity over a majority of the streamside area ❑B ❑B Moderate alteration to water storage capacity over a majority of the streamside area ®C ®C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB ❑A ❑A Majority of streamside area with depressions able to pond water >_ 6 inches deep ❑B ❑B Majority of streamside area with depressions able to pond water 3 to 6 inches deep ®C ®C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB ❑Y ❑Y Are wetlands present in the streamside area? ®N ®N 16. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. ®A Streams and/or springs (jurisdictional discharges) ❑B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) ❑C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir) ®D Evidence of bank seepage or sweating (iron in water indicates seepage) ®E Stream bed or bank soil reduced (dig through deposited sediment if present) ❑F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. ❑A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) ❑B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) ❑C Urban stream (>_ 24% impervious surface for watershed) ❑D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach ®E Assessment reach relocated to valley edge ❑F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ®A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ❑B Degraded (example: scattered trees) ❑C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB ®A ®A ❑A ❑A >_ 100 feet wide or extends to the edge of the watershed ❑B ❑B ❑B ❑B From 50 to < 100 feet wide ❑C ❑C ❑C ❑C From 30 to < 50 feet wide ❑D ❑D ®D ®D From 10 to < 30 feet wide ❑E ❑E ❑E ❑E < 10 feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB ❑A ❑A Mature forest ❑B ❑B Non -mature woody vegetation or modified vegetation structure ®C ®C Herbaceous vegetation with or without a strip of trees < 10 feet wide ❑D ❑D Maintained shrubs ❑E ❑E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: ❑ Abuts < 30 feet 30-50 feet LB RB LB RB LB RB ❑A ❑A ❑A ❑A ❑A ❑A Row crops ❑B ❑B ❑B ❑B ❑B ❑B Maintained turf ❑C ❑C ❑C ❑C ❑C ❑C Pasture (no livestock)/commercial horticulture ®D ®D ®D ®D ®D ®D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB ®A ®A Medium to high stem density ❑B ❑B Low stem density ❑C ❑C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide. LB RB ®A ®A The total length of buffer breaks is < 25 percent. ❑B ❑B The total length of buffer breaks is between 25 and 50 percent. ❑C ❑C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB ❑A ❑A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. ®B ®B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. ❑C ❑C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity —assessment reach metric (skip for all Coastal Plain streams) 25a. ❑Yes ®No Was conductivity measurement recorded? If No, select one of the following reasons. ❑No Water ❑Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). ❑A < 46 ❑B 46 to < 67 ❑C 67 to < 79 ❑D 79 to < 230 ❑E >_ 230 Notes/Sketch: Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Whittier Creek Date of Assessment 4/9/2018 Stream Category Pb3 Assessor Name/Organization Scott King / Kristi Suggs Notes of Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) NO Additional stream information/supplementary measurements included (Y/N) NO NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Perennial USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology LOW (2) Baseflow HIGH (2) Flood Flow LOW (3) Streamside Area Attenuation LOW (4) Floodplain Access LOW (4) Wooded Riparian Buffer MEDIUM (4) Microtopography NA (3) Stream Stability LOW (4) Channel Stability LOW (4) Sediment Transport HIGH (4) Stream Geomorphology LOW (2) Stream/Intertidal Zone Interaction NA (2) Longitudinal Tidal Flow NA (2) Tidal Marsh Stream Stability NA (3) Tidal Marsh Channel Stability NA (3) Tidal Marsh Stream Geomorphology NA (1) Water Quality MEDIUM (2) Baseflow HIGH (2) Streamside Area Vegetation MEDIUM (3) Upland Pollutant Filtration LOW (3) Thermoregulation HIGH (2) Indicators of Stressors YES (2) Aquatic Life Tolerance HIGH (2) Intertidal Zone Filtration NA (1) Habitat HIGH (2) In -stream Habitat HIGH (3) Baseflow HIGH (3) Substrate HIGH (3) Stream Stability LOW (3) In -stream Habitat HIGH (2) Stream -side Habitat MEDIUM (3) Stream -side Habitat MEDIUM (3) Thermoregulation MEDIUM (2) Tidal Marsh In -stream Habitat NA (3) Flow Restriction NA (3) Tidal Marsh Stream Stability NA (4) Tidal Marsh Channel Stability NA (4) Tidal Marsh Stream Geomorphology NA (3) Tidal Marsh In -stream Habitat NA (2) Intertidal Zone NA Overall MEDIUM NC SAM FIELD ASSESSMENT FORM Reach UT4 Accompanies User Manual Version 2.1 USACE AID #: NCDWR #: INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT/SITE INFORMATION: 1. Project name (if any): Whittier Creek 3. Applicant/owner name: Baker Engineering 5. County: Surry 7. River basin: Yadkin Date of evaluation: 4/9/2018 Assessor name/organization: Nearest named water body on USGS 7.5-minute quad: Scott King / Kristi Suggs Ararat River 8. Site coordinates (decimal degrees, at lower end of assessment reach): 36.3773,-80.5995 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): UT4 10. Length of assessment reach evaluated (feet): 1,101 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 4.5 ❑Unable to assess channel depth. 12. Channel width at top of bank (feet): 12 13. Is assessment reach a swamp steam? ❑Yes ❑No 14. Feature type: ®Perennial flow ❑Intermittent flow ❑Tidal Marsh Stream STREAM CATEGORY INFORMATION: 15. NC SAM Zone: ❑ Mountains (M) ® Piedmont (P) ❑ Inner Coastal Plain (1) ❑ Outer Coastal Plain (0) 16. Estimated geomorphic ❑AL 1 ®B valley shape (skip for Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip ❑Size 1 (< 0.1 mi2) ❑Size 2 (0.1 to < 0.5 mil) ®Size 3 (0.5 to < 5 mil) ❑Size 4 (>_ 5 mil) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑Section 10 water ❑Classified Trout Waters ❑Water Supply Watershed (❑l ❑II ❑III ❑IV ❑V) ❑Essential Fish Habitat ❑Primary Nursery Area ❑ High Quality Waters/Outstanding Resource Waters ❑Publicly owned property ❑NCDWR Riparian buffer rule in effect ❑Nutrient Sensitive Waters ❑Anadromous fish ❑303(d) List ❑CAMA Area of Environmental Concern (AEC) ❑Documented presence of a federal and/or state listed protected species within the assessment area. List species: ❑Designated Critical Habitat (list species) 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? ❑Yes ®No 1. Channel Water —assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) ®A Water throughout assessment reach. ❑B No flow, water in pools only. ❑C No water in assessment reach. 2. Evidence of Flow Restriction — assessment reach metric ❑A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams, beaver dams). ®B Not 3. Feature Pattern — assessment reach metric ®A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). ❑B Not 4. Feature Longitudinal Profile — assessment reach metric ®A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). ❑B Not 5. Signs of Active Instability — assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). ❑A < 10% of channel unstable ❑B 10 to 25% of channel unstable ®C > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB ❑A ❑A Little or no evidence of conditions that adversely affect reference interaction ®B ®B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) ❑C ❑C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. ❑A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) ❑B Excessive sedimentation (burying of stream features or intertidal zone) ❑C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem ❑D Odor (not including natural sulfide odors) ❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch" section. OF Livestock with access to stream or intertidal zone ®G Excessive algae in stream or intertidal zone ❑H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) ❑I Other: (explain in "Notes/Sketch" section) ❑J Little to no stressors 8. Recent Weather — watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. ❑A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours ❑B Drought conditions and rainfall exceeding 1 inch within the last 48 hours ®C No drought conditions 9. Large or Dangerous Stream — assessment reach metric ❑Yes ®No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types — assessment reach metric 10a. ®Yes ❑No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) ❑A Multiple aquatic macrophytes and aquatic mosses F, W ❑F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) F CD ❑G Submerged aquatic vegetation ®B Multiple sticks and/or leaf packs and/or emergent o Y ❑H Low -tide refugia (pools) vegetation Y rC ❑1 Sand bottom ❑C Multiple snags and logs (including lap trees) r ❑J 5% vertical bank along the marsh ❑D 5% undercut banks and/or root mats and/or roots ❑K Little or no habitat in banks extend to the normal wetted perimeter ❑E Little or no habitat *********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS**************************** 11. Bedform and Substrate— assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11a. ❑Yes ®No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11b. Bedform evaluated. Check the appropriate box(es). ®A Riffle -run section (evaluate 11c) ❑B Pool -glide section (evaluate 11d) ❑C Natural bedform absent (skip to Metric 12, Aquatic Life) 11c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach —whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but < 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P ❑ ® ❑ ❑ ❑ Bedrock/saprolite ® ❑ ❑ ❑ ❑ Boulder (256 — 4096 mm) ❑ ❑ ® ❑ ❑ Cobble (64 — 256 mm) ❑ ❑ ® ❑ ❑ Gravel (2 — 64 mm) ❑ ❑ ® ❑ ❑ Sand (.062 — 2 mm) ❑ ® ❑ ❑ ❑ Silt/clay (< 0.062 mm) ❑ ® ❑ ❑ ❑ Detritus ❑ ® ❑ ❑ ❑ Artificial (rip -rap, concrete, etc.) 11d. ❑Yes ❑No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12 Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams) 12a. ®Yes ❑No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. ❑No Water ❑Other: 12b. ®Yes ❑No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams. ❑ ❑Adult frogs ❑ ❑Aquatic reptiles ❑ ❑Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) ❑ ❑Beetles ® ❑Caddisfly larvae (T) ❑ ❑Asian clam (Corbicula) ❑ ❑Crustacean (isopod/amphipod/crayfish/shrimp) ❑ ❑Damselfly and dragonfly larvae ❑ ❑Dipterans ❑ ❑Mayfly larvae (E) ❑ ❑Megaloptera (alderfly, fishfly, dobsonfly larvae) ❑ ❑Midges/mosquito larvae ❑ ❑Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) ❑ ❑Mussels/Clams (not Corbicula) ❑ ®Other fish ❑ ❑Sal a manders/tad poles ❑ ®Snails ❑ ❑Stoneflylarvae (P) ❑ ❑Tipulid larvae ❑ ❑Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB ❑A ❑A Little or no alteration to water storage capacity over a majority of the streamside area ®B ❑B Moderate alteration to water storage capacity over a majority of the streamside area ❑C ®C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB ❑A ❑A Majority of streamside area with depressions able to pond water >_ 6 inches deep ❑B ❑B Majority of streamside area with depressions able to pond water 3 to 6 inches deep ®C ®C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB ❑Y ®Y Are wetlands present in the streamside area? ON ❑N 16. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. ®A Streams and/or springs (jurisdictional discharges) ❑B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) ❑C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir) ❑D Evidence of bank seepage or sweating (iron in water indicates seepage) ®E Stream bed or bank soil reduced (dig through deposited sediment if present) ❑F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. ❑A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) ❑B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) ❑C Urban stream (>_ 24% impervious surface for watershed) ❑D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach ❑E Assessment reach relocated to valley edge OF None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ❑A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ®B Degraded (example: scattered trees) ❑C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB ®A ®A ❑A ❑A >_ 100 feet wide or extends to the edge of the watershed ❑B ❑B ❑B ❑B From 50 to < 100 feet wide ❑C ❑C ❑C ❑C From 30 to < 50 feet wide ❑D ❑D ®D ❑D From 10 to < 30 feet wide ❑E ❑E ❑E ®E < 10 feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB ❑A ❑A Mature forest ❑B ®B Non -mature woody vegetation or modified vegetation structure ®C ❑C Herbaceous vegetation with or without a strip of trees < 10 feet wide ❑D ❑D Maintained shrubs ❑E ❑E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: ❑ Abuts < 30 feet 30-50 feet LB RB LB RB LB RB ❑A ❑A ❑A ❑A ❑A ®A Row crops ❑B ❑B ❑B ❑B ❑B ❑B Maintained turf ®C ®C ®C ®C ❑C ❑C Pasture (no livestock)/commercial horticulture ❑D ❑D ❑D ❑D ®D ❑D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB ®A ®A Medium to high stem density ❑B ❑B Low stem density ❑C ❑C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide. LB RB ®A ®A The total length of buffer breaks is < 25 percent. ❑B ❑B The total length of buffer breaks is between 25 and 50 percent. ❑C ❑C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB ❑A ❑A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. ❑B ❑B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. ®C ®C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity —assessment reach metric (skip for all Coastal Plain streams) 25a. ❑Yes ®No Was conductivity measurement recorded? If No, select one of the following reasons. ❑No Water ❑Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). ❑A < 46 ❑B 46 to < 67 ❑C 67 to < 79 ❑D 79 to < 230 ❑E >_ 230 Notes/Sketch: Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Whittier Creek Date of Assessment 4/9/2018 Stream Category Pb3 Assessor Name/Organization Scott King / Kristi Suggs Notes of Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) NO Additional stream information/supplementary measurements included (Y/N) NO NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Perennial USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology LOW (2) Baseflow HIGH (2) Flood Flow LOW (3) Streamside Area Attenuation LOW (4) Floodplain Access MEDIUM (4) Wooded Riparian Buffer LOW (4) Microtopography NA (3) Stream Stability LOW (4) Channel Stability LOW (4) Sediment Transport HIGH (4) Stream Geomorphology LOW (2) Stream/Intertidal Zone Interaction NA (2) Longitudinal Tidal Flow NA (2) Tidal Marsh Stream Stability NA (3) Tidal Marsh Channel Stability NA (3) Tidal Marsh Stream Geomorphology NA (1) Water Quality LOW (2) Baseflow HIGH (2) Streamside Area Vegetation MEDIUM (3) Upland Pollutant Filtration MEDIUM (3) Thermoregulation MEDIUM (2) Indicators of Stressors YES (2) Aquatic Life Tolerance MEDIUM (2) Intertidal Zone Filtration NA (1) Habitat MEDIUM (2) In -stream Habitat HIGH (3) Baseflow HIGH (3) Substrate HIGH (3) Stream Stability LOW (3) In -stream Habitat HIGH (2) Stream -side Habitat LOW (3) Stream -side Habitat LOW (3) Thermoregulation MEDIUM (2) Tidal Marsh In -stream Habitat NA (3) Flow Restriction NA (3) Tidal Marsh Stream Stability NA (4) Tidal Marsh Channel Stability NA (4) Tidal Marsh Stream Geomorphology NA (3) Tidal Marsh In -stream Habitat NA (2) Intertidal Zone NA Overall LOW NC SAM FIELD ASSESSMENT FORM Reach UT5 Accompanies User Manual Version 2.1 USACE AID #: NCDWR #: INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT/SITE INFORMATION: 1. Project name (if any): Whittier Creek 3. Applicant/owner name: Baker Engineering 5. County: Surry 7. River basin: Yadkin Date of evaluation: 4/9/2018 Assessor name/organization: Nearest named water body on USGS 7.5-minute quad: Scott King / Kristi Suggs Ararat River 8. Site coordinates (decimal degrees, at lower end of assessment reach): 36.3779,-80.5999 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): UT5 10. Length of assessment reach evaluated (feet): 765 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 2.5 ❑Unable to assess channel depth. 12. Channel width at top of bank (feet): 11 13. Is assessment reach a swamp steam? ❑Yes ❑No 14. Feature type: ®Perennial flow ❑Intermittent flow ❑Tidal Marsh Stream STREAM CATEGORY INFORMATION: 15. NC SAM Zone: ❑ Mountains (M) ® Piedmont (P) ❑ Inner Coastal Plain (1) ❑ Outer Coastal Plain (0) 16. Estimated geomorphic ❑AL 1 ®B valley shape (skip for Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip ❑Size 1 (< 0.1 mi2) ®Size 2 (0.1 to < 0.5 mil) ❑Size 3 (0.5 to < 5 mil) ❑Size 4 (>_ 5 mil) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑Section 10 water ❑Classified Trout Waters ❑Water Supply Watershed (❑l ❑II ❑III ❑IV ❑V) ❑Essential Fish Habitat ❑Primary Nursery Area ❑ High Quality Waters/Outstanding Resource Waters ❑Publicly owned property ❑NCDWR Riparian buffer rule in effect ❑Nutrient Sensitive Waters ❑Anadromous fish ❑303(d) List ❑CAMA Area of Environmental Concern (AEC) ❑Documented presence of a federal and/or state listed protected species within the assessment area. List species: ❑Designated Critical Habitat (list species) 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? ❑Yes ®No 1. Channel Water — assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) ®A Water throughout assessment reach. ❑B No flow, water in pools only. ❑C No water in assessment reach. 2. Evidence of Flow Restriction — assessment reach metric ❑A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams, beaver dams). ®B Not 3. Feature Pattern — assessment reach metric ®A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). ❑B Not 4. Feature Longitudinal Profile — assessment reach metric ®A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). ❑B Not 5. Signs of Active Instability — assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). ❑A < 10% of channel unstable ®B 10 to 25% of channel unstable ❑C > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB ®A ®A Little or no evidence of conditions that adversely affect reference interaction ❑B ❑B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) ❑C ❑C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. ❑A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) ❑B Excessive sedimentation (burying of stream features or intertidal zone) ❑C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem ❑D Odor (not including natural sulfide odors) ❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch" section. OF Livestock with access to stream or intertidal zone ®G Excessive algae in stream or intertidal zone ❑H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) ❑I Other: (explain in "Notes/Sketch" section) ❑J Little to no stressors 8. Recent Weather — watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. ❑A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours ❑B Drought conditions and rainfall exceeding 1 inch within the last 48 hours ®C No drought conditions 9. Large or Dangerous Stream — assessment reach metric ❑Yes ®No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types — assessment reach metric 10a. ®Yes ❑No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) ❑A Multiple aquatic macrophytes and aquatic mosses F, W ❑F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) F CD ❑G Submerged aquatic vegetation ❑B Multiple sticks and/or leaf packs and/or emergent o Y ❑H Low -tide refugia (pools) vegetation Y rC ❑1 Sand bottom ❑C Multiple snags and logs (including lap trees) r ❑J 5% vertical bank along the marsh ❑D 5% undercut banks and/or root mats and/or roots ❑K Little or no habitat in banks extend to the normal wetted perimeter ®E Little or no habitat *********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS**************************** 11. Bedform and Substrate— assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11a. ❑Yes ®No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11b. Bedform evaluated. Check the appropriate box(es). ®A Riffle -run section (evaluate 11c) ❑B Pool -glide section (evaluate 11d) ❑C Natural bedform absent (skip to Metric 12, Aquatic Life) 11c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach —whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but < 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P ® ❑ ❑ ❑ ❑ Bedrock/saprolite ® ❑ ❑ ❑ ❑ Boulder (256 — 4096 mm) ❑ ® ❑ ❑ ❑ Cobble (64 — 256 mm) ❑ ❑ ® ❑ ❑ Gravel (2 — 64 mm) ❑ ❑ ® ❑ ❑ Sand (.062 — 2 mm) ❑ ® ❑ ❑ ❑ Silt/clay (< 0.062 mm) ❑ ® ❑ ❑ ❑ Detritus ❑ ® ❑ ❑ ❑ Artificial (rip -rap, concrete, etc.) 11d. ❑Yes ❑No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12 Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams) 12a. ®Yes ❑No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. ❑No Water ❑Other: 12b. ®Yes ❑No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams. ❑ ❑Adult frogs ❑ ❑Aquatic reptiles ❑ ❑Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) ❑ ❑Beetles ❑ ❑Caddisfly larvae (T) ❑ ❑Asian clam (Corbicula) ® ❑Crustacean (isopod/amphipod/crayfish/shrimp) ❑ ❑Damselfly and dragonfly larvae ❑ ❑Dipterans ❑ ❑Mayfly larvae (E) ❑ ❑Megaloptera (alderfly, fishfly, dobsonfly larvae) ❑ ❑Midges/mosquito larvae ❑ ❑Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) ❑ ❑Mussels/Clams (not Corbicula) ❑ ®Other fish ❑ ❑Sal a manders/tad poles ❑ ®Snails ❑ ❑Stoneflylarvae (P) ❑ ❑Tipulid larvae ❑ ❑Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB ❑A ❑A Little or no alteration to water storage capacity over a majority of the streamside area ❑B ❑B Moderate alteration to water storage capacity over a majority of the streamside area ®C ®C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB ❑A ❑A Majority of streamside area with depressions able to pond water >_ 6 inches deep ❑B ❑B Majority of streamside area with depressions able to pond water 3 to 6 inches deep ®C ®C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB ®Y ®Y Are wetlands present in the streamside area? ❑N ❑N 16. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. ®A Streams and/or springs (jurisdictional discharges) ❑B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) ❑C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir) ®D Evidence of bank seepage or sweating (iron in water indicates seepage) ®E Stream bed or bank soil reduced (dig through deposited sediment if present) ❑F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. ❑A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) ❑B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) ❑C Urban stream (>_ 24% impervious surface for watershed) ❑D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach ❑E Assessment reach relocated to valley edge OF None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ❑A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ❑B Degraded (example: scattered trees) ®C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB ®A ®A ❑A ❑A >_ 100 feet wide or extends to the edge of the watershed ❑B ❑B ❑B ❑B From 50 to < 100 feet wide ❑C ❑C ❑C ❑C From 30 to < 50 feet wide ❑D ❑D ❑D ❑D From 10 to < 30 feet wide ❑E ❑E ®E ®E < 10 feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB ❑A ❑A Mature forest ®B ®B Non -mature woody vegetation or modified vegetation structure ❑C ❑C Herbaceous vegetation with or without a strip of trees < 10 feet wide ❑D ❑D Maintained shrubs ❑E ❑E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: ❑ Abuts < 30 feet 30-50 feet LB RB LB RB LB RB ❑A ❑A ❑A ❑A ❑A ❑A Row crops ❑B ❑B ❑B ❑B ❑B ❑B Maintained turf ❑C ❑C ❑C ❑C ❑C ❑C Pasture (no livestock)/commercial horticulture ®D ®D ®D ®D ®D ®D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB ❑A ❑A Medium to high stem density ❑B ❑B Low stem density ®C ®C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide. LB RB ®A ®A The total length of buffer breaks is < 25 percent. ❑B ❑B The total length of buffer breaks is between 25 and 50 percent. ❑C ❑C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB ❑A ❑A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. ❑B ❑B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. ®C ®C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity —assessment reach metric (skip for all Coastal Plain streams) 25a. ❑Yes ®No Was conductivity measurement recorded? If No, select one of the following reasons. ❑No Water ❑Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). ❑A < 46 ❑B 46 to < 67 ❑C 67 to < 79 ❑D 79 to < 230 ❑E >_ 230 Notes/Sketch: Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Whittier Creek Date of Assessment 4/9/2018 Stream Category Pb2 Assessor Name/Organization Scott King / Kristi Suggs Notes of Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) NO Additional stream information/supplementary measurements included (Y/N) NO NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Perennial USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology LOW (2) Baseflow HIGH (2) Flood Flow LOW (3) Streamside Area Attenuation LOW (4) Floodplain Access HIGH (4) Wooded Riparian Buffer LOW (4) Microtopography NA (3) Stream Stability MEDIUM (4) Channel Stability MEDIUM (4) Sediment Transport HIGH (4) Stream Geomorphology LOW (2) Stream/Intertidal Zone Interaction NA (2) Longitudinal Tidal Flow NA (2) Tidal Marsh Stream Stability NA (3) Tidal Marsh Channel Stability NA (3) Tidal Marsh Stream Geomorphology NA (1) Water Quality LOW (2) Baseflow HIGH (2) Streamside Area Vegetation LOW (3) Upland Pollutant Filtration LOW (3) Thermoregulation LOW (2) Indicators of Stressors YES (2) Aquatic Life Tolerance MEDIUM (2) Intertidal Zone Filtration NA (1) Habitat LOW (2) In -stream Habitat MEDIUM (3) Baseflow HIGH (3) Substrate HIGH (3) Stream Stability MEDIUM (3) In -stream Habitat LOW (2) Stream -side Habitat LOW (3) Stream -side Habitat LOW (3) Thermoregulation LOW (2) Tidal Marsh In -stream Habitat NA (3) Flow Restriction NA (3) Tidal Marsh Stream Stability NA (4) Tidal Marsh Channel Stability NA (4) Tidal Marsh Stream Geomorphology NA (3) Tidal Marsh In -stream Habitat NA (2) Intertidal Zone NA Overall LOW NC WAM FIELD ASSESSMENT FORM W-B and W-C Accompanies user manual version 5.0 USACE AID # NCDWR# Project Name Whittier Creek Date of Evaluation 4/9/2018 Applicant/Owner Name Baker Engineering Wetland Site Name W-B and W-C Wetland Type Bottomland Hardwood Forest Assessor Name/Organization Scott Kin / Kristi Suggs Level III Ecoregion Piedmont Nearest Named Water Body Ararat River River Basin Yadkin -Pee Dee USGS 8-Digit Catalogue Unit 03040101 County Surry NCDWR Region Winston-Salem I-1 Yes M No Precipitation within 48 hrs? Latitude/Lonaitude (deci-dearees) 36.3791.-80.6009 Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? ® Yes ❑ No Regulatory Considerations - Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑ Anadromous fish ❑ Federally protected species or State endangered or threatened species ❑ NCDWR riparian buffer rule in effect ❑ Abuts a Primary Nursery Area (PNA) ❑ Publicly owned property ❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) ❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout ❑ Designated NCNHP reference community ❑ Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) ❑ Blackwater ❑ Brownwater ❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both Is the assessment area on a coastal island? ❑ Yes ® No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No Does the assessment area experience overbank flooding during normal rainfall conditions? ® Yes ❑ No 1. Ground Surface Condition/Vegetation Condition —assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence an effect. GS VS ❑A ❑A Not severely altered ®B ®B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub ❑A ❑A Water storage capacity and duration are not altered. ❑B ❑B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). ®C ®C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes) Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. ❑A ❑A Majority of wetland with depressions able to pond water > 1 deep ❑B ❑B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep ®C ®C Majority of wetland with depressions able to pond water 3 to 6 inches deep ❑D ❑D Depressions able to pond water < 3 inches deep 3b. ❑A Evidence that maximum depth of inundation is greater than 2 feet ❑B Evidence that maximum depth of inundation is between 1 and 2 feet ®C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure — assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. ❑A Sandy soil ®B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) ❑C Loamy or clayey soils not exhibiting redoximorphic features ❑D Loamy or clayey gleyed soil ❑E Histosol or histic epipedon 4b. ®A Soil ribbon < 1 inch ❑B Soil ribbon >_ 1 inch 4c. ®A No peat or muck presence ❑B A peat or muck presence 5. Discharge into Wetland — opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf Sub ❑A ❑A Little or no evidence of pollutants or discharges entering the assessment area ❑B ®B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area ®C ❑C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) 6. Land Use — opportunity metric (skip for non -riparian wetlands) Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). WS 5M 2M ❑A ❑A ❑A > 10% impervious surfaces ❑B ❑B ❑B Confined animal operations (or other local, concentrated source of pollutants ®C ®C ®C >_ 20% coverage of pasture ❑D ❑D ❑D >_ 20% coverage of agricultural land (regularly plowed land) ❑E ❑E ❑E >_ 20% coverage of maintained grass/herb ❑F ❑F ❑F >_ 20% coverage of clear-cut land ❑G ❑G ❑G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent drainage and/or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer —assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? ®Yes ❑No If Yes, continue to 7b. If No, skip to Metric 8. Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed. 7b. How much of the first 50 feet from the bank is wetland? (Wetland buffer need only be present on one side of the .water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) ❑A >_ 50 feet ❑B From 30 to < 50 feet ❑C From 15 to < 30 feet ®D From 5 to < 15 feet ❑E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. ®<_ 15-feet wide ❑> 15-feet wide ❑ Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? ®Yes ❑No 7e. Is stream or other open water sheltered or exposed? ®Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic. ❑Exposed — adjacent open water with width >_ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area — wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest only) Check a box in each column for riverine wetlands only. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WT WC ❑A ❑A >_ 100 feet ❑B ❑B From 80 to < 100 feet ❑C ❑C From 50 to < 80 feet ❑D ❑D From 40 to < 50 feet ❑E ❑E From 30 to < 40 feet ❑F ❑F From 15 to < 30 feet ®G ❑G From 5 to < 15 feet ❑H ®H < 5 feet 9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. ❑A Evidence of short -duration inundation (< 7 consecutive days) ®B Evidence of saturation, without evidence of inundation ❑C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). ®A Sediment deposition is not excessive, but at approximately natural levels. ❑B Sediment deposition is excessive, but not overwhelming the wetland. ❑C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) ❑A ❑A ❑A >_ 500 acres ❑B ❑B ❑B From 100 to < 500 acres ❑C ❑C ❑C From 50 to < 100 acres ❑D ❑D ❑D From 25 to < 50 acres ❑E ❑E ❑E From 10 to < 25 acres ❑F ❑F ❑F From 5 to < 10 acres ❑G ❑G ❑G From 1 to < 5 acres ❑H ❑H ❑H From 0.5 to < 1 acre ❑I ❑I ❑I From 0.1 to < 0.5 acre ®J ®J ❑J From 0.01 to < 0.1 acre ❑K ❑K ®K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) ❑A Pocosin is the full extent (>_ 90%) of its natural landscape size. ❑B Pocosin type is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metric evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water > 300 feet wide. Well Loosely ❑A ❑A >_ 500 acres ❑B ❑B From 100 to < 500 acres ❑C ❑C From 50 to < 100 acres ❑D ❑D From 10 to < 50 acres ❑E ❑E < 10 acres ®F ®F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. ❑Yes ❑No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands. 14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider the eight main points of the compass. Artificial edge occurs within 150 feet in how many directions? If the assessment area is clear cut, select option "C." ❑A 0 ❑ B 1 to 4 ®C 5to8 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) ❑A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. ❑B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. ®C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at least one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) ❑A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics). ❑B Vegetation diversity is low or has > 10% to 50% cover of exotics. ®C Vegetation is dominated by exotic species (> 50 % cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? ®Yes ❑No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. ❑A >_ 25% coverage of vegetation ❑B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. AA WT T o ❑A ®A Canopy closed, or nearly closed, with natural gaps associated with natural processes m ❑B ❑B Canopy present, but opened more than natural gaps U ®C ❑C Canopy sparse or absent T o ❑A ❑A Dense mid-story/sapling layer ❑B ®B Moderate density mid-story/sapling layer ®C ❑C Mid-story/sapling layer sparse or absent ❑A t ❑A Dense shrub layer ❑B ❑B Moderate density shrub layer U) ®C ®C Shrub layer sparse or absent ®A ❑A Dense herb layer _ ❑B ❑B Moderate density herb layer ❑C ®C Herb layer sparse or absent 18. Snags — wetland type condition metric (skip for all marshes) ❑A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability). ®B Not 19. Diameter Class Distribution — wetland type condition metric (skip for all marshes) ❑A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. ❑B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH. ®C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric (skip for all marshes) Include both natural debris and man -placed natural debris. ❑A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). ®B Not 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. ❑A ❑B ❑C ❑D 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. ®A Overbank and overland flow are not severely altered in the assessment area. ❑B Overbank flow is severely altered in the assessment area. ❑C Overland flow is severely altered in the assessment area. ❑D Both overbank and overland flow are severely altered in the assessment area. Notes NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name W-B, W-C, W-E, and W-F Date of Assessment 4/9/2018 Wetland Type Bottomland Hardwood Forest Assessor Name/Organization Scott King / Kristi Suggs Notes on Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) NO Wetland is intensively managed (Y/N) YES Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) YES Assessment area is substantially altered by beaver (Y/N) NO Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) YES Assessment area is on a coastal island (Y/N) NO Sub -function Ratina Summa Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition LOW Sub -surface Storage and Retention Condition MEDIUM Water Quality Pathogen Change Condition HIGH Condition/Opportunity HIGH Opportunity Presence (Y/N) YES Particulate Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) YES Soluble Change Condition MEDIUM Condition/Opportunity HIGH Opportunity Presence (Y/N) YES Physical Change Condition MEDIUM Condition/Opportunity HIGH Opportunity Presence (Y/N) YES Pollution Change Condition NA Condition/Opportunity NA Opportunity Presence (Y/N) NA Habitat Physical Structure Condition LOW Landscape Patch Structure Condition LOW Vegetation Composition Condition LOW Function Ratina Summa Function Metrics Rating Hydrology Condition LOW Water Quality Condition MEDIUM Condition/Opportunity HIGH Opportunity Presence (Y/N) YES Habitat Condition LOW Overall Wetland Rating LOW NC WAM FIELD ASSESSMENT FORM W-A and W-D Accompanies user manual version 5.0 USACE AID # NCDWR# Project Name Whittier Creek Date of Evaluation 4/9/2018 Applicant/Owner Name Baker Engineering Wetland Site Name W-A and W-D Wetland Type Headwater Forest Assessor Name/Organization Scott Kin / Kristi Suggs Level III Ecoregion Piedmont Nearest Named Water Body Ararat River River Basin Yadkin -Pee Dee USGS 8-Digit Catalogue Unit 03040101 County Surry NCDWR Region Winston-Salem I-1 Yes M No Precipitation within 48 hrs? Latitude/Lonaitude (deci-dearees) 36.3783.-80.5991 Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? ® Yes ❑ No Regulatory Considerations - Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑ Anadromous fish ❑ Federally protected species or State endangered or threatened species ❑ NCDWR riparian buffer rule in effect ❑ Abuts a Primary Nursery Area (PNA) ❑ Publicly owned property ❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) ❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout ❑ Designated NCNHP reference community ❑ Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) ❑ Blackwater ❑ Brownwater ❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both Is the assessment area on a coastal island? ❑ Yes ® No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No Does the assessment area experience overbank flooding during normal rainfall conditions? ® Yes ❑ No 1. Ground Surface Condition/Vegetation Condition —assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence an effect. GS VS ❑A ❑A Not severely altered ®B ®B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub ❑A ❑A Water storage capacity and duration are not altered. ❑B ®B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). ®C ❑C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes) Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. ❑A ❑A Majority of wetland with depressions able to pond water > 1 deep ❑B ❑B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep ❑C ®C Majority of wetland with depressions able to pond water 3 to 6 inches deep ®D ❑D Depressions able to pond water < 3 inches deep 3b. ❑A Evidence that maximum depth of inundation is greater than 2 feet ❑B Evidence that maximum depth of inundation is between 1 and 2 feet ®C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure — assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. ❑A Sandy soil ®B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) ❑C Loamy or clayey soils not exhibiting redoximorphic features ❑D Loamy or clayey gleyed soil ❑E Histosol or histic epipedon 4b. ®A Soil ribbon < 1 inch ❑B Soil ribbon >_ 1 inch 4c. ®A No peat or muck presence ❑B A peat or muck presence 5. Discharge into Wetland — opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf Sub ❑A ❑A Little or no evidence of pollutants or discharges entering the assessment area ❑B ❑B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area ®C ®C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) 6. Land Use — opportunity metric (skip for non -riparian wetlands) Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). WS 5M 2M ❑A ❑A ❑A > 10% impervious surfaces ❑B ❑B ❑B Confined animal operations (or other local, concentrated source of pollutants ®C ®C ®C >_ 20% coverage of pasture ❑D ❑D ❑D >_ 20% coverage of agricultural land (regularly plowed land) ❑E ❑E ❑E >_ 20% coverage of maintained grass/herb ❑F ❑F ❑F >_ 20% coverage of clear-cut land ❑G ❑G ❑G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent drainage and/or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer —assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? ®Yes ❑No If Yes, continue to 7b. If No, skip to Metric 8. Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed. 7b. How much of the first 50 feet from the bank is wetland? (Wetland buffer need only be present on one side of the .water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) ❑A >_ 50 feet ❑B From 30 to < 50 feet ❑C From 15 to < 30 feet ®D From 5 to < 15 feet ❑E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. ®<_ 15-feet wide ❑> 15-feet wide ❑ Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? ❑Yes ®No 7e. Is stream or other open water sheltered or exposed? ®Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic. ❑Exposed — adjacent open water with width >_ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area — wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest only) Check a box in each column for riverine wetlands only. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WT WC ❑A ❑A >_ 100 feet ❑B ❑B From 80 to < 100 feet ❑C ❑C From 50 to < 80 feet ❑D ❑D From 40 to < 50 feet ❑E ❑E From 30 to < 40 feet ❑F ❑F From 15 to < 30 feet ®G ®G From 5 to < 15 feet ❑H ❑H < 5 feet 9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. ❑A Evidence of short -duration inundation (< 7 consecutive days) ®B Evidence of saturation, without evidence of inundation ❑C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). ®A Sediment deposition is not excessive, but at approximately natural levels. ❑B Sediment deposition is excessive, but not overwhelming the wetland. ❑C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) ❑A ❑A ❑A >_ 500 acres ❑B ❑B ❑B From 100 to < 500 acres ❑C ❑C ❑C From 50 to < 100 acres ❑D ❑D ❑D From 25 to < 50 acres ❑E ❑E ❑E From 10 to < 25 acres ❑F ❑F ❑F From 5 to < 10 acres ❑G ❑G ❑G From 1 to < 5 acres ®H ®H ❑H From 0.5 to < 1 acre ❑I ❑I ❑I From 0.1 to < 0.5 acre ❑J ❑J ❑J From 0.01 to < 0.1 acre ❑K ❑K ®K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) ❑A Pocosin is the full extent (>_ 90%) of its natural landscape size. ❑B Pocosin type is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metric evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water > 300 feet wide. Well Loosely ❑A ❑A >_ 500 acres ❑B ❑B From 100 to < 500 acres ❑C ❑C From 50 to < 100 acres ❑D ❑D From 10 to < 50 acres ❑E ❑E < 10 acres ®F ®F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. ❑Yes ❑No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands. 14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider the eight main points of the compass. Artificial edge occurs within 150 feet in how many directions? If the assessment area is clear cut, select option "C." ❑A 0 ❑ B 1 to 4 ®C 5to8 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) ❑A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. ❑B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. ®C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at least one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) ❑A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics). ❑B Vegetation diversity is low or has > 10% to 50% cover of exotics. ®C Vegetation is dominated by exotic species (> 50 % cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? ®Yes ❑No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. ❑A >_ 25% coverage of vegetation ❑B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. AA WT T o ❑A ®A Canopy closed, or nearly closed, with natural gaps associated with natural processes m ❑B ❑B Canopy present, but opened more than natural gaps U ®C ❑C Canopy sparse or absent T o ❑A ❑A Dense mid-story/sapling layer ❑B ®B Moderate density mid-story/sapling layer ®C ❑C Mid-story/sapling layer sparse or absent ❑A t ❑A Dense shrub layer ❑B ❑B Moderate density shrub layer U) ®C ®C Shrub layer sparse or absent ®A ❑A Dense herb layer _ ❑B ❑B Moderate density herb layer ❑C ®C Herb layer sparse or absent 18. Snags — wetland type condition metric (skip for all marshes) ❑A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability). ®B Not 19. Diameter Class Distribution — wetland type condition metric (skip for all marshes) ❑A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. ❑B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH. ®C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric (skip for all marshes) Include both natural debris and man -placed natural debris. ❑A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). ®B Not 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. ❑A ❑B ❑C ❑D 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. ®A Overbank and overland flow are not severely altered in the assessment area. ❑B Overbank flow is severely altered in the assessment area. ❑C Overland flow is severely altered in the assessment area. ❑D Both overbank and overland flow are severely altered in the assessment area. Notes NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name W-A, W-D, W-G, and W-H Date of Assessment 4/9/2018 Wetland Type Headwater Forest Assessor Name/Organization Scott King / Kristi Suggs Notes on Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) NO Wetland is intensively managed (Y/N) YES Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) YES Assessment area is substantially altered by beaver (Y/N) NO Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) YES Assessment area is on a coastal island (Y/N) NO Sub -function Ratina Summa Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition LOW Sub -surface Storage and Retention Condition HIGH Water Quality Pathogen Change Condition HIGH Condition/Opportunity HIGH Opportunity Presence (Y/N) YES Particulate Change Condition LOW Condition/Opportunity NA Opportunity Presence (Y/N) NA Soluble Change Condition MEDIUM Condition/Opportunity HIGH Opportunity Presence (Y/N) YES Physical Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) YES Pollution Change Condition NA Condition/Opportunity NA Opportunity Presence (Y/N) NA Habitat Physical Structure Condition LOW Landscape Patch Structure Condition LOW Vegetation Composition Condition LOW Function Ratina Summa Function Metrics Rating Hydrology Condition MEDIUM Water Quality Condition LOW Condition/Opportunity HIGH Opportunity Presence (Y/N) YES Habitat Condition LOW Overall Wetland Rating LOW APPENDIX H: (APPROVED JD AND WETLAND FORMS) MICHAEL BAKER ENGINEERING, INC. WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS PROJECT NO. 100020 MITIGATION PLAN (FINAL) U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: SAW-2018-00849 County. Surry U.S.G.S. Quad: Mount Airy South NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Scott Mn Address: 8000 Rel4ency Parkway -_Suite 60.0 Cary, NC 27518 Telephone Number: 919-481-5731 Size (acres): 6 acres Nearest Town: Ararat Nearest Waterway: Beaver Branch River Basin/ HUC: Upper Catawba Coordinates: 36.3779,-80.5999 Location description: 948 Rock Hill Church Rd. Ararat North Carolina Indicate Which of the Followiniz Apply: A. Preliminary Determination X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory -mitigation requirements, and other resource protection -measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you -nay request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S, on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are waters of the U.S, including wetlands on the above described property subject to the permit requirements of Section 404 of the CIean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA). You should contact the Division of Coastal Management to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). if you have any questions regarding this determination and/or the Corps regulatory program, please contact William Elliott at 828-271-7980, ext. 422S or amanda.jones@usacc.army.mil. C. Basis for Determination: See attached preliminary jurisdictional determination form. The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont Region (version 2.0). These wetlands are adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks. The stream channel on the property is an unnamed tributary (UT) to Beaver Branch which flows into the Upper Catawba River. D. Remarks: None E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by N/A (Preliminary -JD). **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.* Corps Regulatory Official: William Elliott Issue Date of JD: June 27, 2018 Expiration Date: NIA Preliminary JD The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://comsmqpu.tTsace,arniy.mil/cm apex/P12=136:4:0. Copy furnished: Angela Key, 948 Rock Hill Church Road, Ararat NC, 27007, Wilma & Elmer Holcomb, 172 Jane Sowers Rd, Stateville, NC 28625 Applicant: Scott King ( File Number: SAW-SAW-2018-00849 ( Date: June 27, 2018 Attached is: I See Section below U INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E �-gv�.3`,'i�^a" A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section lI of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION. You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the Form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice, E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. s '�,^ "'`+.-=; "a'.'!s �" �`� �V ,-C� 'YkC.: � 3^� _''i,'a' Y � .4' " ✓,.' Emil REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Attn: William Elliott CESAD-PDO 151 Patton Avenue, Room 208 U.S. Army Corps of Engineers, South Atlantic Division Asheville, North Carolina 28801-5006 60 Forsyth Street, Room 10MI5 828-271-7980, ext. 4232 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to. - District Engineer, Wilmington Regulatory Division, Attn.: William Elliott, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, ,South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (JD) FORM U.S. Army Corps of Engineers BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JD: June 27, 2018 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Scott King 8000 Regency Parkway - Suite 600 Cary, NC 27518 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG-A, SAW-2018-00849, D. PROJECT LOCATION(S) AND 1ACKGROUND INFORMATION: 948 Rock Hill Church Rd. Ararat, North Carolina State: NC County/parisb/borough: Surry City:.Ararat Center coordinates of site (lat/long in degree decimal format): 36.3779,-80.5999 Universal Transverse Mercator: NIA Name ofnearestwaterbody: Bull Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY). - Office (Desk) Determination. Date: June 27, 2018 Field Determination, Date(s): 5/30/2018 Use the table below to document aquatic resources and/or aquatic resources at different sites TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Centered Coordinates Estimated Amount Type of Aquatic Geographic Number (decimal degrees) of Aquatic Resource Resources Authority to Which in Review Area Aquatic Resource Latitude Longitude (linear feet or acre) "May Be" Subject Wetland [] Section 404 Non -wetland Waters Q Section 10/404 Please see tables attached for El Wetland Q Section 404 Aquatic Ej Nan -wetland Waters E] Section 10/404 Resources Wetland Ej Section 404 Non -wetland Waters 0 Section 10/404 Q Wetland [� Section 404 Q Non -wetland Waters 0 Section 10/404 El Wetland Q Section 404 ED Non -wetland Waters 0 Section 10/404 El Wetland Q Section 404 [[ Non -wetland Waters 0 Section 10/404 Ej Wetland E] Section 404 Q Non -wetland Waters Q Section 10/404 Ri 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requester of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an Individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP, or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map:Vicinity Map, USGS, Soils, NHD/NWI, UDAR, FEMA, Drainage Areas on Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale; ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: from GIS shapefiles ■❑ USGS NHD data. ❑ USGS 8 and 12 digit HUG maps. U.S. Geological Survey map(s). Cite scale & quad name: Mt Airy South Quad FEW Natural Resources Conservation Service Soil Survey. Citation: Surry County, 2007 ■❑ National wetlands inventory map(s). Cite name: from GIS Shapefiles ❑ State/local wetland Inventory map(s): 0 FEMA/FIRM maps: (See FEMA map for FIRM ID number) ■❑ 100-year Floodplain Elevation is: project outside of zone x (National Geodetic Vertical Datum of 1929) Photographs: Q Aerial (Name & Date): NCOneMap Orthoimagery, 2014 or F] Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: Other Information (please specify): Surry County LiDAR map, Reach drainage area map IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later lurisdictional determinations. Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up Is necessary prior to finalizing an action, O l� V ra -i u, V N N N m t.D ry n a) w _ n n o N Y 00 H V � � Q -0 -0 -o rD rD m CD ro (D rn ro a a a a a a �a x ;;oI U.) w w w co cow w w "' �'Iz "I� z z z O O 0 � O � to Cn l!} rD rD rD q Iq Pl o' a a a ra ti � 0 0 0 a � a O O 0 a a a rD rD rD !:t rr rr ni su w a n a CL rz CL Is v GI R rD w a1 n y w r+ -t rD w c- h 0 m c� a W LA ro O C n rD r) m \ / E 3 * z ID% / CL / © > & / CL 2rD J ) \ UJ ) / e E / 7 ° y CL® 7 / 0- ° \ In ) \ & \ @ \ ƒ ° m ± n c d % = k (A\/\� h § / / k r ® » _ D- & \ \ C % 0 2 m / / / G 2 / } ) k 2 \ § - 7 / \ \ 2ƒ/7 \ / \ 0 c � % e E m = q E f / \ / / CL w / ) ƒ R E § * m M / 2 § \ � % c 0 0 0 01/ E S / / � e m w « n ) 0 \ \ I 9 I / \ CL/ 2 � k / Cu & E \ » 2 / § 0 n tn / / I / / / - - / 0 s 0 m m m m 2 E 2 « m e e w w a E LU � w w m m R @ 'r; w w « « w « w w _ - & e o = o m » r n m w e � # rD r+ Ln m e o g . 0 } \ \ 00 o \ \ 0 01 G a y e■ « o E o o o E m - r m m # » CD0 o « CL m » a # » ¥ cr fD I%j £ � CD n � � 2 / m 0 � M � \ k _ MW F e •0 °{Q, '.nF _ _ y o r r S y � � LL CC� 6 G U i 0 L Jra. y O LL L CD L J a z a z w z WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region ProjecUSite: _ r t CitylCounty: ��I �t� ^-mot `1 Sampling Date: 't 1 ApplicantlOwner: %rkiNJ c .� ___64 ke., state: NC Sampling Point: in/ — Investigator(s): i ra ru q !!!!!! '''�,,,,'''� Section, Township, Range: / Landform (hillslope, terrace, etc.): ov 4 ��S cal relief (concave, convex, none): i h� 4v,eo w Slope Subregion (LRR or MLRA): l Lat: 3G . ,� Long: U . Datum: Soil Map Unit Name: v' NWI classification: Are climatic I hydrolo is conditions on the site typical for t is time of year? Yes � No (If no, explain in Remarks.) Are Vegetation , Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes -1k- No Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes �� No Is the Sampled Area Hydric Soil Present? Yes No within a Wetland? Yes � No Wetland Hydrology Present? Yes k No Remarks: / wI C rS k k a p�srtvrc ur � . AJj 1 i if.0 -�k i1.� p •rd f'. �/�'+�.J� S 1 it o - de 74 A L. .16 4.e -.. - cL r e efti rl.fC'ia3is. �e LI Wetland Hydrology indicators: Secondary Indicators (minimum of two ree uired) Primary Indicators (minimum of one is required; check all that aooly) _ Surface Soil Cracks (B6) _ Surface Water (Al)"' _ _ High Water Table (A2) _ True Aquatic Plants (B14) Hydrogen Sulfide Odor (C1) _ Sparsely Vegetated Concave Surface (B8) Drainage Patterns (B10) X Saturation (A3) _ Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (1316) Water Marks (B1) _ Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) Sediment Deposits (B2) _ Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (C8) _ Drift Deposits (B3) _ Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (B4) _ Other (Explain in Remarks) Stunted or Stressed Plants (D1) Iron Deposits (B5) Geomorphic Position (D2) Inundation Visible on Aerial Imagery (B7) _ Shallow Aquitard (D3) Water -Stained Leaves (69) _ Microtopographic Relief (134) Aquatic Fauna (B13) _ FAC-Neutral Test (D5) Field observations: Surface Water Present? Yes No � Depth (inches): Water Table Present? Yes No le Depth (inches): Saturation Present? Yes —)!� No Depth (inches): 3 `` Wetland Hydrology Present? Yes .' No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: 04J M 41 C - .t �i T IR ✓. IL /r� h ( ►1 t Li .�'�{ r fh.'ty S P v sue,, W, A 14� 1.17 ,, IAt�` i'e1�I�h US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 VEGETATION (Five Strata) — Use scientific names of plants. Sampling Point: W Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: ) % Cover Species? Status Number of Dominant Species 1. That Are OBL, FACW, or FAC: r� (A) 2. Total Number of Dominant ! 3- Species Across All Strata: II! (B) 6. 50% of total cover: Sapling Stratum (Plot size: — ) 1. 4. 50% of total cover: Shrub Stratum (Plot size: — } 1. 2. 3. 4. 5. 6. = Total Cover Percent of Dominant Species That Are OBL, FACW, or FAC: UU (A/B) Prevalence Index worksheet: Total % Cover of: Multiplyb r: 20% of total cover: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B!A = = Total Cover 20% of total cover: _ 1 - Rapid Test for Hydrophytic Vegetation _ 2 - Dominance Test is >50% _ 3 - Prevalence Index is 53.0' _ 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) = Total Cover 50% of total cover: 20% of total cover: Herb Stratum (Plot size- S) 2. �� �,< f PA Cray 3. 4. 5. 6. 7. 8. 9. 10. 11_ = Total Cover 50% of total cover: 20% of total cover: Woody Vine Stratum (Plot size: ) 1. 3. 4. 5. = Total Cover 50% of total cover: 20% of total cover: Remarks: (tnclude photo numbers here or on a separate sheet.) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Five Vegetation Strata: Tree - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH). Sapling - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. Shrub - Woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Herb - All herbaceous (non -woody) plants, including herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 3 ft (1 m) in height. Woody vine -All woody vines, regardless of height. fGA it!>lyi MGfri $v .. Hydrophytic Vegetation Present? Yes No US Army Corps of Engineers Eastern Mountains and Piedmont -Version 2.0 SOIL Sampling Point: W — ( Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color moist % Color (moist) % Toe Loc Texture Remarks I iZ 3 3 f 09 - J 4>A Sv f { 5 10 Y R 5/1 140 3 4D _ _ice M c 'Type: C=Concentration, D=De letion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils': _ Histosol (Al) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) ,Y Stratified Layers (A5) — 2 cm Muck (A10) (LRR N) _ Depleted Below Dark Surface (Al 1) _ Thick Dark Surface (Al2) _ Sandy Mucky Mineral (S1) (LRR N, MLRA 147, 148) — Sandy Gleyed Matrix (S4) _ Sandy Redox(S5) _ Stripped Matrix (S6) Restrictive Layer (if observed): Dark Surface (S7) Polyvalue Below Surface (S8) (MLRA 147, 148) Thin Dark Surface (S9) (MLRA 147, 148) _ Loamy Gleyed Matrix (F2) Depleted Matrix (F3) _ Redox Dark Surface (F6) Depleted Dark Surface (F7) _ Redox Depressions (F8) Iron -Manganese Masses (F12) (LRR N, MLRA 136) _ Umbric Surface (F13) (MLRA 136, 122) Piedmont Floodplain Soils (F19) (MLRA 148) _ Red Parent Material (F21) (MLRA 127, 147) Type: Depth (inches): Remarks: 5�J $ 2 cm Muck (A10) (MLRA 147) Coast Prairie Redox (A16) (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) _ Very Shallow Dark Surface (TF12) — Other (Explain in Remarks) 31ndicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes No US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 bw Pe>,�-t �-2 ` WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region (/ ! ProjecVSite: VN tt(V,- City/County: v (rk Sampling Date: ! ! Applicant/Owner; A, &i..1 Rw14,. Sampling Point: Investigator(s): ; «; Section, Township, Range: Landform (hillslope, terrace, etc.): LS IoJVw Local relief (concave, convex, none): Slope (%): 4 Subregion (LRR or MLRA): — i Lat: 3 , 3 a Long: �� (oU(�(J Datum: N SPL 1 Soil Map Unit Name: C 0 VA, ,Su ix s C) `� v s S NWI classification: -- J Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (if no, explain in Remarks.) Are Vegetation Y, Soil or Hydrology �� significantly disturbed? Are "Normal Circumstances" present? Yes Z No Are Vegetation , Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Is the Sampled Area Hydric Soil Present? Yes No within a Wetland? Yes No Wetland Hydrology Present? Yes No Remarks: S�po-� has I i I dl-,�J d ;P51�j �j iy` 454. cj HYDROLOGY Wetland Hydrology Indicators: Secondarxndicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apt) _ Surface Soil Cracks (136) _ Surface Water (Al) High Water Table (A2) _ True Aquatic Plants (B14) _ Hydrogen Sulfide Odor (Cl) _ Sparsely Vegetated Concave Surface (BB) Drainage Patterns (1310) _ Saturation (A3) Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (B16) Water Marks (131) _ Presence of Reduced Iron (C4) _ _ Dry -Season Water Table (C2) Sediment Deposits (132) _ Recent Iron Reduction in Tilled Soits (C6) _ Crayfish Burrows (C8) Drift Deposits (B3) _ Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (CO) _ Algal Mat or Crust (134) _ Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) _ Iron Deposits (65) �f Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (137) _ Shallow Aquitard (D3) _ Water -Stained Leaves (139) _ Microtopographic Relief (D4) _ Aquatic Fauna (B13) _ FAG -Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): h Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): Wetland Hydrology Present? Yes No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks:iV^ ff ��tA4�, 4F fl< �;�• �� � �,,�,�„�,,, , �� � R,.,� -��� �5 sit � , US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 VEGETATION (Five Strata) — Use scientific names of plants. Tree Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. Sampling Point: A _ 2 Absolute Dominant Indicator Dominance Test worksheet: % Cover Soecies? Status Number of Dominant Species That Are OBL, FACW, or FAG: (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species �l That Are OBL, FACW, or FAC: (AIB) = Total Cover Prevalence Index worksheet: Total % Cover of: Multiply by: 50% of total cover: 20% of total cover: OBL species x 1 = Sapling Stratum (Plot size: ) FACW species x 2 = 1. FAC species x 3 = 2. FACU species x 4 = 3. LIPL species x 5 = 4. Column Totals: (A) (B) 5. 50% of total cover: Shrub Stratum (Plot size: ) 1. Prevalence Index = B/A = = Total Cover Hydrophytic Vegetation Indicators: 20% of total cover: _ 1 - Rapid Test for Hydrophytic Vegetation _ 2 - Dominance Test is >50% _ 3 - Prevalence Index is s3.0' _ 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must 6. be present, unless disturbed or problematic. = Total Cover Definitions of Five Vegetation Strata: 50% of total cover: 20% of total cover: f � � Tree —Woody plants, excluding woody vines, Herb Stratum (Plot size: ) approximately 20 ft (6 m) or more in height and 3 in. 1. erSl11C 50, (r ar✓ \ 43 C rA , (7.6 cm) or larger in diameter at breast height (DBH). 2. h v S� Yr& Sapiing — Woody plants, excluding woody vines, 3._ cJ✓�.a c a Q(� L approximately 20 ft (6 m) or more in height and less ! r than 3 in. (7.6 cm) DBH. 4. 5fs3t _K wet s- 5. Shrub — Woody plants, excluding woody vines, R approximately 3 to 20 ft (1 to 6 m) in height. 7. 9. 10, 11. Herb —All herbaceous (non -woody) plants, including herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 3 ft (1 m) in height. Woody vine — All woody vines, regardless of height. [ 2 z = Total Cover 50% of total cover: 20% of total cover: 2 �� Woody Vine Stratum (Plot size: } 1. 2. 3. 4. 5. Hydrophytic = Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Remarks: (Include photo numbers here or on a separate sheet.) ff ra Yes I No ua IATMY Uorps oT tngineers tastem mountains ana rieamont — version 2.1J SOIL Sampling Point: � `2 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth (inches) Matrix Redox Features Texture Remarks -as4 Color moist % Color (moist) % Tvpe Loc D-� 0 412 /Oo i6M `(-- I U Iv Y 2 G / A Iy Y- iUVL q(2 to L _/`1 _�A Azai.j J {5, Y i, L .s 'Type: C=Concentration, D=De letion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _ Histosol (Al) _ Dark Surface (S7) _ 2 cm Muck (Al0) (MLRA 147) _ Histic Epipedon (A2) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ Coast Prairie Redox (Al6) _ Black Histic (A3) _ Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147, 148) Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) _ Stratified Layers (A5) Depleted Matrix (F3) (MLRA 136, 147) 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) _ Very Shallow Dark Surface (TF12) ___. Depleted Below Dark Surface (Al 1) _ Depleted Dark Surface (F7) _ Other (Explain in Remarks) — Thick Dark Surface (Al 2) _ Redox Depressions (F8) Sandy Mucky Mineral (S1) (LRR N, _ Iron -Manganese Masses (F12) (LRR N, MLRA 147, 148) MLRA 136) _ Sandy Gleyed Matrix (S4) _ Umbric Surface (F13) (MLRA 136, 122) 3Indicators of hydrophytic vegetation and _ Sandy Redox (S5) — Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Stripped Matrix (S6) _ Red Parent Material (F21) (MLRA 127, 147) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Remarks: Hydric Soil present? Yes—L No Aj US Army Corps of Engineers Eastern Mountains and Piedmont —Version 2.0 [Data-3 WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region Project/Site: Lk 41eli �!Lp City/County: IS'lu _ Sampling Date: 4 1 { 8 ApplicantlOwner: { NJ State: NC— Sampling Point: Investigator(s): 7 Kim SLX4r.1 Section, Township, Range: Landform (hillslope, terrace, etic�.): Local ll}relief (concave, convex, none): J tsks6 E,h to K. Slope m:1 p ►� Subregion (LRR or MLRA): I' 3 Lat: 26, 1�1'+ l Long: - 20- 066 Datum: Soil Map Unit Name: AS.�u NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation , Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Is the Sampled Area Hydric Soil Present? Yes No within a Wetland? Yes —Oe�L No Wetland Hydrology Present? Yes No Remarks/ l j[f 9*, a. S i� � y,�� p !t �T S "rl! /�c r s V-.%Q -e IT t,r HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two reauired) Primary Indicators (minimum of one is required; check all that apply) _ Surface Soil Cracks (136) — Surface Water (Al) _ True Aquatic Plants (B14) — Sparsely Vegetated Concave Surface (B8) High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) Drainage Patterns (1310) Saturation (A3) _ Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (1316) Water Marks (131) _ Presence of Reduced Iron (C4) _ Dry -Season Water Table {C2) _ Sediment Deposits (132) _ Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (CS) Drift Deposits (133) _ Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) _ Algal Mat or Crust (134) _ Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) _ Iron Deposits (B5) _'j� Geomorphic Position (D2) Inundation Visible on Aerial Imagery (1217) — Shallow Aquitard (D3) Water -Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (B13) _ FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): � Water Table Present? Yes No k Depth (inches): Saturation Present? Yes _-�' No Depth (inches):_ Wetland Hydrology Present? Yes No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: , ( I p / US Army Corps of Engineers Eastern Mountains and Piedmont— Version 2.0 VEGETATION (Five Strata) — Use scientific names of plants. Tree Stratum (Plot size: ) 1. 2. 3. 5. 6. Data Point Sampling Point: W-3 Absolute Dominant Indicator Dominance Test worksheet: % Cover Skies? Status Number of Dominant Species That Are OBL, FACW, or FAC: (A) = Total Cover 50% of total cover: 20% of total cover: Sapling Stratum (Plot size: } 1. 2. 3. 4_ 6. = Total Cover 50% of total cover: 20% of total cover: Shrub Stratum (Plot size: ) I. 4s4 Iw. f�i rk 5 3. 4. 5. 6. S- = Total Cover 50% of total cover: 20% of total cover: Herb Stratum (Plot size: ) 2. Zvyzw r, v �T V— rA 3. i Y 4. 5. 6. 7. = Total Cover /fir 50% of totai cover: g 20% of total cover: Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5. = Total Cover 50% of total cover: 20% of total cover: (Include photo numbers here or on a separate sheet.) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC: (AIB) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: _ 1 - Rapid Test for Hydrophytic Vegetation _ 2 - Dominance Test is >50% 3 - Prevalence Index is 53.0' _ 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Five Vegetation Strata: Tree — Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH). Sapling — Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. Shrub — Woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Herb — All herbaceous (non -woody) plants, including herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 3 ft (1 m) in height. Woody vine — All woody vines, regardless of height. Hydrophytic Vegetation Present? Yes No US Army Corps of Engineers Eastern Mountains and Piedmont— Version 2.0 SOIL Data Point W-3 Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features finches) _ Color moist % Color (moist) % Tvoe Loc _ Texture Remo-Eks_ rr a 5U G 2— e l v A ., 4��.-� ...E�,'.k cr ct, `e ICE L c.�►, sa-.�.` 'Type C-Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. `Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _ Histosol (A1) _ Dark Surface (S7) ,_,- 2 cm Muck (A10) (MLRA 147) _ Histic Epipedon (A2) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ Coast Prairie Redox (A16) _ Black Histic (A3) _ Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147, 148) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) Stratified Layers (A5) X Depleted Matrix (F3) (MLRA 136, 147) 2 cm Muck (A10) (LRR N) Redox Dark Surface (F6) _ Very Shallow Dark Surface (TF12) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) _ Other (Explain in Remarks) _ Thick Dark Surface (Al2) _ Redox Depressions (F8) _ Sandy Mucky Mineral (S1) (LRR N, _ Iron -Manganese Masses (F12) (LRR N, MLRA 147, 148) MLRA 136) _ Sandy Gleyed Matrix (S4) _ Umbric Surface (F13) (MLRA 136, 122) 31ndicators of hydrophytic vegetation and _ Sandy Redox (S5) _ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Stripped Matrix (S6) _ Red Parent Material (F21) (MLRA 127, 147) unless disturbed or problematic. Restrictive Laver (if observed): Type: Depth (inches): w 4Y�l� �rQ Hydric Soil Present? Yes X No rLj:, 41�� I'd ;:� (0 11 US Army Corps of Engineers Eastern Mountains and Piedmont -Version 2.0 Data Point W-4 WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region Project/Site: Applicant/Owner: Investigator(s): '' L� gl­ S Landform (hillslope, terrace, erg.): fnq c� Subregion (LRR or All — - 114% Lat: A. _ Soil Map Unit Name: ' v ( f Are climatic 1 hydrologic conditions on the site typical for Are Vegetation, Soil , or Hydrology Are Vegetation Soil , or Hydrology rty ounty. / Sampling Date: SUMMARY OF FINDINGS - Attach site trap showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes Now Is the Sampled Area Hydric Soil Present? Yes No_,V_ within a Wetland? Yes No Wetland Hydrology Present? Yes No Remar s: L /I 14 541—e 4R G Nil. c S S4 `AZ Gt � HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) — Surface Soil Cracks (136) _ Surface Water (Al) _ True Aquatic Plants (1314) _ Sparsely Vegetated Concave Surface (B8) _ High Water Table (A2) — Hydrogen Sulfide Odor (Cl) _ Drainage Patterns (1310) Saturation (A3) _ Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (1316) _ Water Marks (91) _ Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) _ Sediment Deposits (62) _ Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (C8) _ Drift Deposits (133) _ Thin Muck Surface (C7) , Saturation Visible on Aerial Imagery (C9) _ Algal Mat or Crust (134) Other (Explain in Remarks) i Stunted or Stressed Plants (D1) _ Iron Deposits (135) _ Geomorphic Position (D2) Inundation Visible on Aerial Imagery (137) _ Shallow Aquitard (D3) Water -Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (B13) — FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No c Depth (inches): Water Table Present? Yes Saturation Present? Yes No k Depth (inches): No Depth (inches): Wetland Hydrology Present? Yes No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: I V v tv,/CiC�JfYrs ay%4 b II �� US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 VEGETATION (Five Strata) - Use scientific names of plants. Data Point W-4 Sampling Point: Absolute Dominant indicator dominance Test worksheet: Tree Stratum (Plot size: — } °o Cover Species? Status Number of Dominant Species 1. That Are OBL, FACW, or FAC: (A) 2. Total Number of Dominant 3. Species Across All Strata: (B) 4. Percent of Dominant Species b 5. That Are OBL, FACW, or FAC: (A/B) 6. Prevalence Index worksheet: = Total Cover Total % Cover of: Multiply by: 50% of total cover: 20% of total cover: OBL species x 1 = Sapling Stratum (Plot size: — ) FACW species x 2 = 1. FAC species x 3 = 2. FACU species x 4 = 3. UPL species x 5 = 4. Column Totals: (A) (B) 5 U. Prevaience Index = B/A = = Total Cover Hydrophytic Vegetation Indicators: 50% of total cover: 20% of total cover: 1 - Rapid Test for Hydrophytic Vegetation Shrub Stratum (Plot size: — ) —2 - Dominance Test is >50% 1 _ 3 - Prevalence Index is 53.0' 2. 4 - Morphological Adaptations' (Provide supporting 3. data in Remarks or on a separate sheet) _ Problematic Hydrophytic Vegetation' (Explain) indicators of hydric soil and wetland hydrology must 6. be present, unless disturbed or problematic. = Total Cover Definitions of Five Vegetation Strata: 2C> (o of total cover: 20% of total cover: Tree - Woody plants, excluding woody vines, Htrb Stratum (Plot size: 1. F.tu r ) �; �� 4C approximately 20 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH). 2. ` `M-, T Sapling - Woody plants, excluding woody vines, 3. approximately 20 ft (6 m) or more in height and less 4. 'T i 2 Al FA6U than 3 in. (7.6 cm) DBH. 5. C9p rAt/6n A^4e&�eA vn; n 2 FAt u Shrub -Woody plants, excluding woody vines, R approximately 3 to 20 ft (1 to 6 m) in height. 7. 8. 9. 10. 11. I v K = Total Cover 50% of total cover: 52 20% of total cover: Woody Vine Stratum (Plot size: — ) 1. = Total Cover 50% of total cover: 20% of total cover: rs here or on a separate sheet.) Herb - All herbaceous (non -woody) plants, including herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 3 ft (1 m) in height. Woody vine -All woody vines, regardless of height. l'C %mil I ole i�IL,L (r(� fLL6 r Hydrophytic Vegetation Present? Yes No h US Army Corps of Engineers Eastern Mountains and Piedmont- Version 2.0 SOIL to the depth needed to document the indicator or Depth (inches) — � Matrix Color moist j c> s f? 3 3 % € ty _S-� r 106) 2 - (2- 161 Y Q l av Imo? -If 5 Y (2 lad Hydric Soil Indicators: Redox Features Color moist % Tvpe Loc Data Point W-4 Sampling Point: the absence of indicators.) Texture Remarks f O�Grn r c>r•Z RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Indicators for Problematic Hydric _ Histosol (Al) _ Histic Epipedon (A2) _ Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) 2 cm Muck (A10) (LRR N) Depleted Below Dark Surface (All) _ Thick Dark Surface (Al2) _ Sandy Mucky Mineral (S1) (LRR N, MLRA 147, 148) — Sandy Gleyed Matrix (S4) — Sandy Redox(S5) _ Stripped Matrix (S6) Restrictive Layer (if observed): Type: Depth (inches): 1 Dark Surface (S7) Polyvalue Below Surface (S8) (MLRA 147, 148) Thin Dark Surface (59) (MLRA 147, 148) Loamy Gleyed Matrix (F2) Depleted Matrix (F3) Redox Dark Surface (F6) — Depleted Dark Surface (F7) _, Redox Depressions (F8) ___, Iron -Manganese Masses (F12) (LRR N, MLRA 136) _ Umbric Surface (F13) (MLRA 136, 122) _ Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147) ,4� f/11014A,11r 2 cm Muck (A10) (MLRA 147) Coast Prairie Redox (A16) (MLRA 147, 148) _ Piedmont Floodplain Soils (F19) (MLRA 136, 147) _ Very Shallow Dark Surface (TF12) Other (Explain in Remarks) 'Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes No US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 APPENDIX L• (APPROVED FHWA CATEGORICAL EXCLUSION FORMS) MICHAEL BAKER ENGINEERING, INC. WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS PROJECT NO. 100020 MITIGATION PLAN (FINAL) Appendix A Categorical Exclusion Form for Ecosystem Enhancement Program Projects Version 1.4 Note: Only Appendix A should to be submitted (along with any supporting documentation) as the environmental document. Part Project Name: 1: General Project Information IWhittier Creek Site - Option D County Name: Surry EEP Number: 100020 Project Sponsor: FHWA Project Contact Name: Jake Byers, PE / Michael Baker Engineering, Inc. Project Contact Address: 797 Haywood Road, Suite 201, Asheville, NC Project Contact E-mail: JB ers mbakerintl.com EEP Project Manager: I Matthew Reid (matthew.reid(d)ncdenr.aov) The Whittier Creek Site - Option D is located in Surry County near the town of Dobson, NC in the Ararat community. The project site is located in the Yadkin River Basin (03040101) and the NC DMS Targeted Local Watershed (TLW) 03040101110040. The site is located on two abutting parcels just southeast of the intersection of Rockhill Church Road and Nurse Road. The existing stream reaches and riparian wetlands within the project area have been significantly impacted by past and present unrestricted livestock access and/or channelization used to promote drainage and maximize agricultural acreage for cattle pastures. The project will involve the restoration and enhancement of approximately 3,594 linear feet of perennial stream along Whittier Creek and several UTs to Whittier Creek, which is a tributary to Bull Creek. A conservation easement will be implemented along all project reaches with riparian buffers extending in an excess of 30 feet from the top of bank. The conservation easement will protect the entire project area in perpetuity. Livestock will be permanently excluded from the conservation easement with permanent fencing. Reviewed By: Date Conditional Approved By: Date ❑ Check this box if there are outstanding issues Final Approval By: EEP Project Manager For Division Administrator FHWA For Division Adrnin FHWA 6 \/Arcinn I A R/1 RInt; 2: All Projects Regulation/QuestionPart .. Coastal Zone Management Act CZMA 1. Is the project located in a CAMA county? ❑ Yes ® No 2. Does the project involve ground -disturbing activities within a CAMA Area of ❑ Yes Environmental Concern (AEC)? ❑ No ® N/A 3. Has a CAMA permit been secured? ❑ Yes ❑ No ® N/A 4. Has NCDCM agreed that the project is consistent with the NC Coastal Management ❑ Yes Program? ❑ No ® N/A Comprehensive Environmental Response, Compensation and Liabilit Act CERCLA 1. Is this a "full -delivery" project? ® Yes ❑ No 2. Has the zoning/land use of the subject property and adjacent properties ever been ® Yes designated as commercial or industrial? ❑ No ❑ N/A 3. As a result of a limited Phase I Site Assessment, are there known or potential ❑ Yes hazardous waste sites within or adjacent to the project area? ® No ❑ N/A 4. As a result of a Phase I Site Assessment, are there known or potential hazardous ❑ Yes waste sites within or adjacent to the project area? ❑ No ® N/A 5. As a result of a Phase 11 Site Assessment, are there known or potential hazardous ❑ Yes waste sites within the project area? ❑ No ® N/A 6. Is there an approved hazardous mitigation plan? ❑ Yes ❑ No ® N/A National Historic Preservation Act Section 106 1. Are there properties listed on, or eligible for listing on, the National Register of ❑ Yes Historic Places in the project area? ® No 2. Does the project affect such properties and does the SHPO/THPO concur? ❑ Yes ❑ No ® N/A 3. If the effects are adverse, have they been resolved? ❑ Yes ❑ No ® N/A Uniform Relocation Assistance and Real Property Acquisition Policies Act Uniform Act 1. Is this a "full -delivery" project? ® Yes ❑ No 2. Does the project require the acquisition of real estate? ® Yes ❑ No ❑ N/A 3. Was the property acquisition completed prior to the intent to use federal funds? ❑ Yes ® No ❑ N/A 4. Has the owner of the property been informed: ® Yes * prior to making an offer that the agency does not have condemnation authority; and ❑ No * what the fair market value is believed to be? ❑ N/A Version 1.4, 8/16/05 3: Ground -Disturbing Activities Regulation/QuestionPart .. American Indian Religious Freedom Act AIRFA 1. Is the project located in a county claimed as "territory" by the Eastern Band of ❑ Yes Cherokee Indians? ® No 2. Is the site of religious importance to American Indians? ❑ Yes ❑ No ® N/A 3. Is the project listed on, or eligible for listing on, the National Register of Historic ❑ Yes Places? ❑ No ® N/A 4. Have the effects of the project on this site been considered? ❑ Yes ❑ No ® N/A Antiquities Act AA 1. Is the project located on Federal lands? ❑ Yes ® No 2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects ❑ Yes of antiquity? ❑ No ® N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ® N/A 4. Has a permit been obtained? ❑ Yes ❑ No ® N/A Archaeological Resources Protection Act ARPA 1. Is the project located on federal or Indian lands (reservation)? ❑ Yes ® No 2. Will there be a loss or destruction of archaeological resources? ❑ Yes ❑ No ® N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ® N/A 4. Has a permit been obtained? ❑ Yes ❑ No ® N/A Endangered Species Act ESA 1. Are federal Threatened and Endangered species and/or Designated Critical Habitat ® Yes listed for the county? ❑ No 2. Is Designated Critical Habitat or suitable habitat present for listed species? ® Yes ❑ No ❑ N/A 3. Are T&E species present or is the project being conducted in Designated Critical ❑ Yes Habitat? ® No ❑ N/A 4. Is the project "likely to adversely affect" the specie and/or "likely to adversely modify" ❑ Yes Designated Critical Habitat? ® No ❑ N/A 5. Does the USFWS/NOAA-Fisheries concur in the effects determination? ® Yes ❑ No ❑ N/A 6. Has the USFWS/NOAA-Fisheries rendered a "jeopardy" determination? ❑ Yes ❑ No ® N/A Version 1.4, 8/16/05 Executive Order 13007 Indian Sacred Sites 1. Is the project located on Federal lands that are within a county claimed as "territory" ❑ Yes by the EBCI? ® No 2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed ❑ Yes project? ❑ No ® N/A 3. Have accommodations been made for access to and ceremonial use of Indian sacred ❑ Yes sites? ❑ No ® N/A Farmland Protection Policy Act FPPA 1. Will real estate be acquired? ® Yes ❑ No 2. Has NRCS determined that the project contains prime, unique, statewide or locally ® Yes important farmland? ❑ No ❑ N/A 3. Has the completed Form AD-1006 been submitted to NRCS? ® Yes ❑ No ❑ N/A Fish and Wildlife Coordination Act FWCA 1. Will the project impound, divert, channel deepen, or otherwise control/modify any ® Yes water body? ❑ No 2. Have the USFWS and the NCWRC been consulted? ® Yes ❑ No ❑ N/A Land and Water Conservation Fund Act Section 6 1. Will the project require the conversion of such property to a use other than public, ❑ Yes outdoor recreation? ® No 2. Has the NPS approved of the conversion? ❑ Yes ❑ No ® N/A Magnuson -Stevens Fishery Conservation and Management Act Essential Fish Habitat 1. Is the project located in an estuarine system? ❑ Yes ® No 2. Is suitable habitat present for EFH-protected species? ❑ Yes ❑ No ® N/A 3. Is sufficient design information available to make a determination of the effect of the ❑ Yes project on EFH? ❑ No ® N/A 4. Will the project adversely affect EFH? ❑ Yes ❑ No ® N/A 5. Has consultation with NOAA-Fisheries occurred? ❑ Yes ❑ No ® N/A Migratory Bird Treat Act MBTA 1. Does the USFWS have any recommendations with the project relative to the MBTA? ❑ Yes ® No 2. Have the USFWS recommendations been incorporated? ❑ Yes ❑ No ® N/A Wilderness Act 1. Is the project in a Wilderness area? ❑ Yes ® No 2. Has a special use permit and/or easement been obtained from the maintaining ❑ Yes federal agency? ❑ No ® N/A 10 Version 1.4, 8/16/05 Whittier Creek Site — Option D / Categorical Exclusion — Summary Yadkin River Basin — CU# 03040101 — Surry County, NC NCDMS Project ID No. 100020; NCDEQ Contract No. 007182 Proiect Backeround The Whittier Creek Site — Option D stream restoration project is proposing to restore, enhance, and protect approximately 3,594 linear feet of existing perennial streams along Whittier Creek and several UTs to Whittier Creek in Surry County, NC for the purpose of obtaining stream mitigation credit for the NC Division of Mitigation Services (DMS). The existing stream reaches and riparian wetlands within the project area have been significantly impacted by past and present unrestricted livestock access and/or channelization used to promote drainage and maximize agricultural acreage for cattle pastures. The National Environmental Policy Act of 1969 (NEPA) requires agencies to use an interdisciplinary approach in planning and decision -making for actions that will have an impact on the environment. The Federal Highway Administration (FHWA) and NC Department of Transportation (NCDOT) have determined that DMS projects will not involve significant impacts and therefore a Categorical Exclusion (CE) is the appropriate type of environmental document for this project. FHWA has also determined that stream restoration projects are considered land disturbing activities; therefore, Parts 2 and 3 of the DMS CE checklist and a summary of the findings applicable to the environmental regulations associated for this project are included. Supporting documentation is included in the Appendix. Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Environmental Data Resources, Inc (EDR) prepared the following reports: a Radius Map Report on September 14, 2017. Based on this report, there are two properties on or adjacent to the project site had been designated as commercial or industrial, John Flinchum's Grocery and Slate Sand Company, Inc., respectively. John Flinchum's Grocery was located less than one-half mile from the project area and housed three on - site underground storage tanks (UST) for fuel. In 1990, all three tanks were removed and the business was closed; therefore, this property should not pose any hazardous waste risks to the project site. The enclosed EDR report listed an active mining site located on one of the project parcels and is operated by Slate Sand Company, Inc. However, these results did not concur with current county zoning parcel data, historical aerial reviews, nor previous discussions with the current property owner. Based on these investigations and discussions, the property in question has always been a zoned as rural and has been an active farm since its purchase in 2006. Therefore, to verify these findings, Baker contacted Charles Turney, the Vice President of Slate Sand Company, Inc., on October 2, 2017. On October 3, 2017, replied to our request for verification about the project parcel stating that Slate Sand Company, Inc. has never done any mining on the project site or within the surrounding town of Ararat, NC. A copy of this correspondence and the EDR reports are included in the Appendix. National Historic Preservation Act (Section 106) DMS requested a review and comment from the State Historic Preservation Office (SHPO) on any possible issues that might emerge with respect to architectural or archaeological resources from the restoration project on August 9, 2017. SHPO's review of the project on August 23, 2017 found no historic resources that would be affected by the project. All correspondence on this issue is included in the Appendix. Uniform Relocation Assistance and Real Property Act Prior to signing the Option Agreement for the Conservation Easement, each property owner of the land involved in the restoration project was notified that Baker does not have condemnation authority and as to the fair market value of the land involved. Copies of the Option Agreement are included in the Appendix. Whittier Creek Site — Option D Restoration Project; DMS Project No. 100020 Michael Baker Engineering, Inc. CE Summary Endangered Species Act (ESA) Michael Baker Engineering, Inc. (Baker) reviewed both the NC Natural Heritage Program (NCNHP) and the US Fish and Wildlife Service (USFWS) lists of federally protected animal and plant species and found that the following four species are federally -listed in Surry County. Scientific Name Common Name Federal Status Glyptemys muhlenber ii Bog Turtle Threatened Similarity of Appearance (S/A) M otis se tentrionalis Northern long-eared bat Threatened Helianthus schweinitzii Schweinitz's sunflower Endangered Isotria medeoloides Small whorled pogonia Threatened Baker conducted a two-mile radius search using the NHP's Data Explorer (https://ncnhde.natureserve.org/) on September 26, 2017 and found no known occurrences of the above referenced species within two miles of the project site. However, the project is located within Surry County, a Northern long-eared bat (NLEB) White Nose Syndrome (WNS) zone, and is therefore subject to the USFWS's Final 4(d) rule to maintain section 7(a)(2) compliance. The following additional supporting documentation has been included for reference: a Project Vicinity Map, a USGS Topographic Map, and a Project Site Map. Based on our review, field surveys, and FHWA consultation, Baker has developed the following determinations for the above referenced species. Glyptemys muhlenbergii (Bog turtle) — Biological Conclusion: No Effect Bog turtles live in the mud, grass and sphagnum mosses found in bogs, swamps, and marshy meadows usually fed by cool surface springs. There are two distinct populations of the species, a northern population and a southern population. The southern population which is found in western North Carolina, including Alexander County, NC is listed as threated due to "similarity of appearance" as stated in the November 4, 1997, 62 FR 59605 59623. Because the southern population has not experienced the habitat loss of the northern population, the southern population is not subject to Section 7 consultation requirements of the Endangered Species Act. Therefore, the project will have 'No Effect". Myotis septentrionalis (Northern long-eared bat) In North Carolina, the NLEB occurs in the mountains, with scattered records in the Piedmont and coastal plain. In western North Carolina, NLEB spend winter hibernating in caves and mines. Since this species is not known to be a long-distance migrant, and caves and subterranean mines are extremely rare in eastern North Carolina, it is uncertain whether or where NLEB hibernate in eastern NC. During the summer, NLEB roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees (typically >3 inches dbh). This bat also been found, rarely, roosting in structures like barns and sheds, under eaves of buildings, behind window shutters, in bridges, and in bat houses. Pregnant females give birth from late May to late July. Foraging occurs on forested hillsides and ridges, and occasionally over forest clearings, over water, and along tree -lined corridors. Mature forests may be an important habitat type for foraging. Forested habitats containing trees at least 3-inch dbh in the project area provide suitable habitat for NLEB. Due to the decline of the NLEB population from the WNS, the USFWS has issued the finalization of a special rule under section 4(d) of the ESA to addresses the effects to the NLEB resulting from purposeful and incidental take based on the occurrence of WNS. Because the project is located within a WNS zone and will include the removal/clearing of trees, it is subject to the final 4(d) ruling. As previously stated, a review of NCNHP records did not indicate any known NLEB populations within 2.0 mile of the study area; therefore, the project is eligible to use the NLEB 4(d) Rule Streamlined Consultation Form to meet regulatory requirements for section 7(a)(2) compliance 4(d) consultation. To meet regulatory requirements, a letter requesting comment from the USFWS was sent on September 26, 2017. No response from the USFWS was received within the 30-day response period. Therefore, the signing of the NLEB 4(d) Rule Streamlined Consultation Form by the FHWA determines that this project Whittier Creek Site — Option D Restoration Project; DMS Project No. 100020 Michael Baker Engineering, Inc. CE Summary may affect the NLEB, but that any resulting incidental take of the NLEB is not prohibited by the final 4(d) rule. A FHWA signed 4(d) consultation form and the correspondence associated with this determination are included in the Appendix. Helianthus schweinitzii (Schweinitz's sunflower) — Biological Conclusion: No Effect Schweinitz's sunflower is a rhizomatous perennial herb that grows approximately 6.5 feet in height with purplish stems and produces small yellow flowers from late August until frost. This species is endemic to the Piedmont of North and South Carolina, and the few sites where it occurs in relatively natural conditions consist of Xeric Hardpan Forests. The species is also found along roadside rights -of -way, maintained power lines and other utility rights -of -way, edges of thickets and old pastures, clearings and edges of upland oak - pine -hickory woods and Piedmont longleaf pine forests, and other sunny or semi -sunny habitats where disturbances (e.g., mowing, clearing, grazing, blow downs, storms, frequent fire) help create open or partially open areas for sunlight. It is intolerant of full shade and excessive competition from other vegetation. It is generally found growing on shallow sandy soils with high gravel content; shallow, poor, clayey hardpans; or shallow rocky soils, especially those derived from mafic rocks. Because marginal to suitable habitat for Schweinitz's sunflower occurs along field edges and utility easements adjacent to the project area, Baker conducted a field survey on September 25t1i, 2017. No populations or individuals were documented during the on -site review; therefore, the project will have 'No Effect" on the species. Isotria medeoloides (Small whorled pogonia) — Biological Conclusion: No Effect Small whorled pogonia is a member of the orchid family. It is named for the whorl of five or six leaves near the top of a single stem and beneath the small greenish -yellow flower. The plant occurs in predominantly mature (2"d or 31d successional growth) mixed -deciduous or mixed-deciduous/coniferous forests with minimal ground cover and long persistent breaks in the forest canopy. The species prefers moist, acidic soils that lack nutrient diversity. Primary threats to the small whorled pogonia include habitat loss and degradation from urban expansion, forestry practices, recreational activities, and trampling. The project site consists of open and active cattle pasture with a narrow line of predominantly first successional woody vegetation along the top of the stream bank. Existing stream reaches, riparian corridors, and open fields at the project site have been significantly impacted by past and present unrestricted livestock access. Since habitat suitable for the species is not present within the project area, the project will have "No Effect" on the species. Farmland Protection Policy Act (FPPA) On January 29, 2018, Baker submitted the AD-1006 form for the Whittier Creek Site — Option D to the North Carolina State Natural Resources Conservation Service (MRCS) Office. The NRCS responded on January 29, 2018 with the determination that implementation of this restoration project would result in the conversion of 4.8 acres of prime farmland soils. Baker submitted the completed AD-1006 form to the NRCS Assistant State Soil Scientist January 29, 2018. The completed AD-1006 form and all correspondence on this issue is included in the Appendix. Fish and Wildlife Coordination Act (FWCA) A letter was sent by Baker to the NC Wildlife Resources Commission (NCWRC) and the USFWS on September 26, 2017 requesting their comment and review on the Whittier Creek Site — Option D Restoration Project. As of January 29, 2018, Baker has not received any comments from either the NCWRC or the USFWS. Copies of all correspondence are included in Appendix. Migratory Bird Treaty Act (MBTA) A letter was sent by Baker to the USFWS on September 26, 2017 requesting their comment and review on the Whittier Creek Site — Option D Restoration Project in relation to migratory birds. As of January 29, 2018, Baker has not received any comments from the USFWS on this issue. All correspondence with the USFWS is included in the Appendix. Whittier Creek Site — Option D Restoration Project; DMS Project No. 100020 Michael Baker Engineering, Inc. CE Summary APPENDIX Whittier Creek Site — Option D Restoration Project; DMS Project No. 100020 Michael Baker Engineering, Inc. CE Summary Whittier Creek Site - Option D Rockhill Church Road / Nurse Road Ararat, NC 27007 Inquiry Number: 5050221.2s September 14, 2017 6 Armstrong Road, 4th floor Shelton, CT 06484 (rEDW Toll Free: 800.352.0050 www.edrnet.com FORM-LBF-CCA TABLE OF CONTENTS SECTION PAGE Executive Summary------------------------------------------------------- ES1 Overview Map 2 Detail Map 3 Map Findings Summary---------------------------------------------------- 4 Map Findings 8 Orphan Summary--------------------------------------------------------- 15 Government Records Searched/Data Currency Tracking GR-1 GEOCHECK ADDENDUM GeoCheck - Not Requested Thank you for your business. Please contact EDR at 1-800-352-0050 with any questions or comments. 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IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice. Copyright 2017 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission. EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners. TC5050221.2s EXECUTIVE SUMMARY A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR). The report was designed to assist parties seeking to meet the search requirements of EPA's Standards and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for Environmental Site Assessments (E 1527-13) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate. TARGET PROPERTY INFORMATION ADDRESS ROCKHILL CHURCH ROAD / NURSE ROAD ARARAT, NC 27007 COORDINATES Latitude (North): Longitude (West): Universal Tranverse Mercator UTM X (Meters): UTM Y (Meters): Elevation: 36.3789000 - 36' 22' 44.04" 80.6034000 - 80' 36' 12.24" Zone 17 535573.8 4025846.8 1030 ft. above sea level USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property Map: Version Date: Southeast Map: Version Date: Southwest Map: Version Date: Northwest Map: Version Date: AERIAL PHOTOGRAPHY IN THIS REPORT 6045899 MOUNT AIRY SOUTH, NC 2014 5947737 SILOAM, NC 2013 5947699 COPELAND, NC 2013 5947705 DOBSON, NC 2013 Portions of Photo from: 20140524 Source: USDA TC5050221.2s EXECUTIVE SUMMARY 1 F- MAPPED SITES SUMMARY Target Property Address: ROCKHILL CHURCH ROAD / NURSE ROAD ARARAT, NC 27007 Click on Map ID to see full detail. MAP RELATIVE DIST (ft. & mi.) ID SITE NAME ADDRESS DATABASE ACRONYMS ELEVATION DIRECTION 1 SLATE SAND COMPANY I US MINES Lower 1 ft. JOHN FLINCHUM'S GROC ROUTE 1 UST Higher 754, 0.143, NE 5050221.2s Page 2 EXECUTIVE SUMMARY TARGET PROPERTY SEARCH RESULTS The target property was not listed in any of the databases searched by EDR. DATABASES WITH NO MAPPED SITES No mapped sites were found in EDR's search of available ("reasonably ascertainable ") government records either on the target property or within the search radius around the target property for the following databases: STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL___________________________ National Priority List Proposed NPL________________ Proposed National Priority List Sites NPL LIENS -------------------- Federal Superfund Liens Federal Delisted NPL site list Delisted NPL__________________ National Priority List Deletions Federal CERCLIS list FEDERAL FACILITY__________ Federal Facility Site Information listing SEMS_________________________ Superfund Enterprise Management System Federal CERCLIS NFRAP site list SEMS-ARCHIVE-------------- Superfund Enterprise Management System Archive Federal RCRA CORRACTS facilities list CORRACTS------------------ Corrective Action Report Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF------------------ RCRA- Treatment, Storage and Disposal Federal RCRA generators list RCRA-LQG------------------- RCRA- Large Quantity Generators RCRA-SQG------------------- RCRA- Small Quantity Generators RCRA-CESQG---------------- RCRA- Conditionally Exempt Small Quantity Generator Federal institutional controls / engineering controls registries LUCIS_________________________ Land Use Control Information System US ENG CONTROLS_ _ _ _ _ _ _ _ _ Engineering Controls Sites List TC5050221.2s EXECUTIVE SUMMARY 3 EXECUTIVE SUMMARY US INST CONTROL_ _ _ _ _ _ _ _ _ _ Sites with Institutional Controls Federal ERNS list ERNS_________________________ Emergency Response Notification System State- and tribal - equivalent NPL NC HSDS_____________________ Hazardous Substance Disposal Site State- and tribal - equivalent CERCL/S SHWS------------------------- Inactive Hazardous Sites Inventory State and tribal landfill and/or solid waste disposal site lists SWF/LF_______________________ List of Solid Waste Facilities OLI____________________________ Old Landfill Inventory State and tribal leaking storage tank lists LAST__________________________ Leaking Aboveground Storage Tanks LUST -------------------------- Regional UST Database INDIAN LUST_________________ Leaking Underground Storage Tanks on Indian Land LUST TRUST_________________ State Trust Fund Database State and tribal registered storage tank lists FEMA UST____________________ Underground Storage Tank Listing AST___________________________ AST Database INDIAN UST__________________ Underground Storage Tanks on Indian Land State and tribal institutional control / engineering control registries INST CONTROL_ _ _ _ _ _ _ _ _ _ _ _ _ _ No Further Action Sites With Land Use Restrictions Monitoring State and tribal voluntary cleanup sites INDIAN VCP__________________ Voluntary Cleanup Priority Listing VCP___________________________ Responsible Party Voluntary Action Sites State and tribal Brownfields sites BROWNFIELDS______________ Brownfields Projects Inventory ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS----------- A Listing of Brownfields Sites Local Lists of Landfill / Solid Waste Disposal Sites SWRCY_______________________ Recycling Center Listing TC5050221.2s EXECUTIVE SUMMARY EXECUTIVE SUMMARY HIST LF_______________________ Solid Waste Facility Listing INDIAN ODI___________________ Report on the Status of Open Dumps on Indian Lands DEBRIS REGION 9----------- Torres Martinez Reservation Illegal Dump Site Locations ODI___________________________ Open Dump Inventory IHS OPEN DUMPS___________ Open Dumps on Indian Land Local Lists of Hazardous waste / Contaminated Sites US HIST CDL_________________ Delisted National Clandestine Laboratory Register US CDL_______________________ National Clandestine Laboratory Register Local Land Records LIENS 2_______________________ CERCLA Lien Information Records of Emergency Release Reports HMIRS________________________ Hazardous Materials Information Reporting System SPILLS________________________ Spills Incident Listing IMD___________________________ Incident Management Database SPILLS 90____________________ SPILLS 90 data from FirstSearch SPILLS 80____________________ SPILLS 80 data from FirstSearch Other Ascertainable Records RCRA NonGen / NLR _ _ _ _ _ _ _ _ RCRA - Non Generators / No Longer Regulated FUDS_________________________ Formerly Used Defense Sites DOD__________________________ Department of Defense Sites SCRD DRYCLEANERS_______ State Coalition for Remediation of Drycleaners Listing US FIN ASSUR_______________ Financial Assurance Information EPA WATCH LIST____________ EPA WATCH LIST 2020 COR ACTION_ _ _ _ _ _ _ _ _ _ _ 2020 Corrective Action Program List TSCA_________________________ Toxic Substances Control Act TRIS__________________________ Toxic Chemical Release Inventory System SSTS-------------------------- Section 7 Tracking Systems ROD__________________________ Records Of Decision RMP__________________________ Risk Management Plans RAATS________________________ RCRA Administrative Action Tracking System PRP___________________________ Potentially Responsible Parties PADS_________________________ PCB Activity Database System ICIS___________________________ Integrated Compliance Information System FTTS__________________________ FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) MLTS_________________________ Material Licensing Tracking System COAL ASH DOE_ _ _ _ _ _ _ _ _ _ _ _ _ _ Steam -Electric Plant Operation Data COAL ASH EPA______________ Coal Combustion Residues Surface Impoundments List PCB TRANSFORMER_______ PCB Transformer Registration Database RADINFO --------------------- Radiation Information Database HIST FTTS____________________ FIFRA/TSCA Tracking System Administrative Case Listing DOT OPS_____________________ Incident and Accident Data CONSENT____________________ Superfund (CERCLA) Consent Decrees INDIAN RESERV_____________ Indian Reservations FUSRAP______________________ Formerly Utilized Sites Remedial Action Program UMTRA_______________________ Uranium Mill Tailings Sites LEAD SMELTERS____________ Lead Smelter Sites TC5050221.2s EXECUTIVE SUMMARY 5 EXECUTIVE SUMMARY US AIRS______________________ Aerometric Information Retrieval System Facility Subsystem ABANDONED MINES --------- Abandoned Mines FINDS ------------------------- Facility Index System/Facility Registry System DOCKET HWC---------------- Hazardous Waste Compliance Docket Listing ECHO ------------------------- Enforcement & Compliance History Information UXO --------------------------- Unexploded Ordnance Sites FUELS PROGRAM___________ EPA Fuels Program Registered Listing COAL ASH____________________ Coal Ash Disposal Sites DRYCLEANERS______________ Drycleaning Sites Financial Assurance ----------- Financial Assurance Information Listing NPDES------------------------ NPDES Facility Location Listing UIC---------------------------- Underground Injection Wells Listing EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP_____________________ EDR Proprietary Manufactured Gas Plants EDR Hist Auto ----------------- EDR Exclusive Historic Gas Stations EDR Hist Cleaner_____________ EDR Exclusive Historic Dry Cleaners EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA HWS____________________ Recovered Government Archive State Hazardous Waste Facilities List RGA LF_______________________ Recovered Government Archive Solid Waste Facilities List RGA LUST____________________ Recovered Government Archive Leaking Underground Storage Tank 1,411N:TelUkiIQI.[C9k1:&�9NFA:0]1.1N*ffl0&1 Surrounding sites were identified in the following databases Elevations have been determined from the USGS Digital Elevation Model and should be evaluated on a relative (not an absolute) basis. Relative elevation information between sites of close proximity should be field verified. Sites with an elevation equal to or higher than the target property have been differentiated below from sites with an elevation lower than the target property. Page numbers and map identification numbers refer to the EDR Radius Map report where detailed data on individual sites can be reviewed. Sites listed in bold italics are in multiple databases. Unmappable (orphan) sites are not considered in the foregoing analysis. STANDARD ENVIRONMENTAL RECORDS State and tribal registered storage tank lists UST: The Underground Storage Tank database contains registered USTs. USTs are regulated under Subtitle I of the Resource Conservation and Recovery Act (RCRA). The data come from the Department of Environment & Natural Resources' Petroleum Underground Storage Tank Database. A review of the UST list, as provided by EDR, and dated 09/30/2016 has revealed that there is 1 UST TC5050221.2s EXECUTIVE SUMMARY 6 EXECUTIVE SUMMARY site within approximately 0.25 miles of the target property. Equal/Higher Elevation Address Direction / Distance Map ID Page JOHN FLINCHUM'S GROC ROUTE 1 NE 1/8 - 1/4 (0.143 mi.) 2 12 Tank Status: Removed Facility Id: 00-0-0000031662 ADDITIONAL ENVIRONMENTAL RECORDS Other Ascertainable Records US MINES: Mines Master Index File. The source of this database is the Dept. of Labor, Mine Safety and Health Administration. A review of the US MINES list, as provided by EDR, has revealed that there is 1 US MINES site within approximately 0.25 miles of the target property. Lower Elevation Address Direction / Distance Map ID Page SLATE SAND COMPANY 1 0 - 1/8 (0.000 mi.) 1 8 Database: US MINES, Date of Government Version: 02/08/2017 TC5050221.2s EXECUTIVE SUMMARY 7 EXECUTIVE SUMMARY There were no unmapped sites in this report. TC5050221.2s EXECUTIVE SUMMARY 8 OVERVIEW MAP - 5050221.2S Target Property A Sites at elevations higher than or equal to the target property ♦ Sites at elevations lower than the target property 1 Manufactured Gas Plants National Priority List Sites Dept. Defense Sites 0 1/4 1/2 1 Mlles Indian Reservations BIA Upgradient Area 100-year flood zone Hazardous Substance 500-year flood zone Disposal Sites National Wetland Inventory El State Wetlands This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Whittier Creek Site - Option D CLIENT: Michael Baker Engineering, Inc. ADDRESS: Rockhill Church Road / Nurse Road CONTACT: Kristi Suggs Ararat NC 27007 INQUIRY #: 5050221.2s LAT/LONG: 36.3789 / 80.6034 DATE: September 14, 2017 4:15 pm Copyright �o 2017 EDR, Inc.(,) 2015 Tom Tom Rel. 2015. DETAIL MAP - 5050221.2S Target Property A Sites at elevations higher than or equal to the target property ♦ Sites at elevations lower than the target property 1 Manufactured Gas Plants i Sensitive Receptors National Priority List Sites Dept. Defense Sites 0 1 /9 1 /4 1 /2 Mlles Indian Reservations BIA Hazardous Substance 100-year flood zone Disposal Sites 500-year flood zone National Wetland Inventory El State Wetlands This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Whittier Creek Site - Option D CLIENT: Michael Baker Engineering, Inc. ADDRESS: Rockhill Church Road / Nurse Road CONTACT: Kristi Suggs Ararat NC 27007 INQUIRY #: 5050221.2s LAT/LONG: 36.3789 / 80.6034 DATE: September 14, 2017 4:23 pm Copyright �o 2017 EDR, Inc.(,) 2015 Tom Tom Rel. 2015. MAP FINDINGS SUMMARY Search Distance Target Total Database (Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2 - 1 > 1 Plotted STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL 1.000 0 0 0 0 NR 0 Proposed NPL 1.000 0 0 0 0 NR 0 NPL LIENS TP NR NR NR NR NR 0 Federal Delisted NPL site list Delisted NPL 1.000 0 0 0 0 NR 0 Federal CERCLIS list FEDERAL FACILITY 0.500 0 0 0 NR NR 0 SEMS 0.500 0 0 0 NR NR 0 Federal CERCLIS NFRAP site list SEMS-ARCHIVE 0.500 0 0 0 NR NR 0 Federal RCRA CORRACTS facilities list CORRACTS 1.000 0 0 0 0 NR 0 Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF 0.500 0 0 0 NR NR 0 Federal RCRA generators list RCRA-LQG 0.250 0 0 NR NR NR 0 RCRA-SQG 0.250 0 0 NR NR NR 0 RCRA-CESQG 0.250 0 0 NR NR NR 0 Federal institutional controls / engineering controls registries LUCIS 0.500 0 0 0 NR NR 0 US ENG CONTROLS 0.500 0 0 0 NR NR 0 US INST CONTROL 0.500 0 0 0 NR NR 0 Federal ERNS list ERNS TP NR NR NR NR NR 0 State- and tribal - equivalent NPL NC HSDS 1.000 0 0 0 0 NR 0 State- and tribal - equivalent CERCLIS SHWS 1.000 0 0 0 0 NR 0 State and tribal landfill and/or solid waste disposal site lists SWF/LF 0.500 0 0 0 NR NR 0 OLI 0.500 0 0 0 NR NR 0 State and tribal leaking storage tank lists LAST 0.500 0 0 0 NR NR 0 TC5050221.2s Page 4 MAP FINDINGS SUMMARY Search Distance Target Total Database (Miles) Property < 1 /8 1/8- 1 /4 1/4- 1 /2 1/2- 1 > 1 Plotted LUST 0.500 0 0 0 NR NR 0 INDIAN LUST 0.500 0 0 0 NR NR 0 LUST TRUST 0.500 0 0 0 NR NR 0 State and tribal registered storage tank lists FEMA UST 0.250 0 0 NR NR NR 0 UST 0.250 0 1 NR NR NR 1 AST 0.250 0 0 NR NR NR 0 INDIAN UST 0.250 0 0 NR NR NR 0 State and tribal institutional control / engineering control registries INST CONTROL 0.500 0 0 0 NR NR 0 State and tribal voluntary cleanup sites INDIAN VCP 0.500 0 0 0 NR NR 0 VCP 0.500 0 0 0 NR NR 0 State and tribal Brownfields sites BROWNFIELDS 0.500 0 0 0 NR NR 0 M QQIN9us] ill Ie10=Iill 191:i67ill lkvil=11ill III ril00**Q0IR Local Brownfield lists US BROWNFIELDS 0.500 0 0 0 NR NR 0 Local Lists of Landfill / Solid Waste Disposal Sites SWRCY 0.500 0 0 0 NR NR 0 HIST LF 0.500 0 0 0 NR NR 0 INDIAN ODI 0.500 0 0 0 NR NR 0 DEBRIS REGION 9 0.500 0 0 0 NR NR 0 ODI 0.500 0 0 0 NR NR 0 IHS OPEN DUMPS 0.500 0 0 0 NR NR 0 Local Lists of Hazardous waste / Contaminated Sites US HIST CDL TP NR NR NR NR NR 0 US CDL TP NR NR NR NR NR 0 Local Land Records LIENS 2 TP NR NR NR NR NR 0 Records of Emergency Release Reports HMIRS TP NR NR NR NR NR 0 SPILLS TP NR NR NR NR NR 0 IMD 0.500 0 0 0 NR NR 0 SPILLS 90 TP NR NR NR NR NR 0 SPILLS 80 TP NR NR NR NR NR 0 Other Ascertainable Records RCRA NonGen / NLR 0.250 0 0 NR NR NR 0 TC5050221.2s Page 5 MAP FINDINGS SUMMARY Search Distance Target Database (Miles) Property < 1 /8 1/8- 1 /4 1/4- 1 /2 1/2- 1 > 1 FUDS 1.000 0 0 0 0 NR DOD 1.000 0 0 0 0 NR SCRD DRYCLEANERS 0.500 0 0 0 NR NR US FIN ASSUR TP NR NR NR NR NR EPA WATCH LIST TP NR NR NR NR NR 2020 COR ACTION 0.250 0 0 NR NR NR TSCA TP NR NR NR NR NR TRIS TP NR NR NR NR NR SSTS TP NR NR NR NR NR ROD 1.000 0 0 0 0 NR RMP TP NR NR NR NR NR RAATS TP NR NR NR NR NR PRP TP NR NR NR NR NR PADS TP NR NR NR NR NR ICIS TP NR NR NR NR NR FTTS TP NR NR NR NR NR MLTS TP NR NR NR NR NR COAL ASH DOE TP NR NR NR NR NR COAL ASH EPA 0.500 0 0 0 NR NR PCB TRANSFORMER TP NR NR NR NR NR RADINFO TP NR NR NR NR NR HIST FTTS TP NR NR NR NR NR DOT OPS TP NR NR NR NR NR CONSENT 1.000 0 0 0 0 NR INDIAN RESERV 1.000 0 0 0 0 NR FUSRAP 1.000 0 0 0 0 NR UMTRA 0.500 0 0 0 NR NR LEAD SMELTERS TP NR NR NR NR NR US AIRS TP NR NR NR NR NR US MINES 0.250 1 0 NR NR NR ABANDONED MINES 0.250 0 0 NR NR NR FINDS TP NR NR NR NR NR DOCKET HWC TP NR NR NR NR NR ECHO TP NR NR NR NR NR UXO 1.000 0 0 0 0 NR FUELS PROGRAM 0.250 0 0 NR NR NR COAL ASH 0.500 0 0 0 NR NR DRYCLEANERS 0.250 0 0 NR NR NR Financial Assurance TP NR NR NR NR NR NPDES TP NR NR NR NR NR UIC TP NR NR NR NR NR EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP 1.000 EDR Hist Auto 0.125 EDR Hist Cleaner 0.125 EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA HWS TP 0 0 0 0 NR 0 NR NR NR NR 0 NR NR NR NR Total Plotted Is NR NR NR NR NR 0 TC5050221.2s Page 6 MAP FINDINGS SUMMARY Search Distance Target Total Database (Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2 - 1 > 1 Plotted RGA LF TP NR NR NR NR NR 0 RGA LUST TP NR NR NR NR NR 0 - Totals -- 0 1 1 0 0 0 2 NOTES: TP = Target Property NR = Not Requested at this Search Distance Sites may be listed in more than one database TC5050221.2s Page 7 Map ID Direction Distance Elevation Site < 1/8 SURRY (County), NC 1 ft. US MINES: Relative: Mine ID: Lower SIC code(s): Entity name: Actual: Company: 996 ft. Status: Status date: Operation Class: Number of shops: Number of plants: Latitude: Longitude: MAP FINDINGS 3101989 144200 000000 000000 000000 000000 000000 SLATE SAND SLATE SAND COMPANY INC 1 20031105 non -Coal Mining 0 0 36 22 44 080 35 57 Violations Details: Violation Number: 6130886 Date Issued: 12/14/2006 Mine Status: Active Status Date: 11/05/2003 Action Type: 104(a) Date Abated: 12/14/2006 Citation/Order: Citation Sig and Sub Designation: N Proposed Penalty: 60.00 Paid Penalty: 60.00 Assessment Status code: Closed Assess. Case Status code: Proposed Assessment Amount: 60.00 Year: 2006 Violation Number: 6130887 Date Issued: 12/14/2006 Mine Status: Active Status Date: 11/05/2003 Action Type: 104(a) Date Abated: 12/27/2006 Citation/Order: Citation Sig and Sub Designation: N Proposed Penalty: 60.00 Paid Penalty: 60.00 Assessment Status code: Closed Assess. Case Status code: Proposed Assessment Amount: 60.00 Year: 2006 Violation Number: 6127810 Date Issued: 11/05/2003 Mine Status: Active Status Date: 11/05/2003 Action Type: 104(a) Date Abated: 11/05/2003 Citation/Order: Citation Sig and Sub Designation: N Proposed Penalty: 60 Paid Penalty: 60 EDR ID Number Database(s) EPA ID Number US MINES 1016953103 N/A TC5050221.2s Page 8 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number SLATE SAND COMPANY INC (Continued) 1016953103 Assessment Status code: Closed Assess. Case Status code: Proposed Assessment Amount: 60 Year: 2003 Violation Number: 6510618 Date Issued: 07/22/2009 Mine Status: Active Status Date: 11/05/2003 Action Type: 104(a) Date Abated: 07/22/2009 Citation/Order: Citation Sig and Sub Designation: N Proposed Penalty: 100.00 Paid Penalty: 100.00 Assessment Status code: Closed Assess. Case Status code: Proposed Assessment Amount: 100.00 Year: 2009 Violation Number: 6510619 Date Issued: 07/22/2009 Mine Status: Active Status Date: 11/05/2003 Action Type: 104(a) Date Abated: 07/23/2009 Citation/Order: Citation Sig and Sub Designation: N Proposed Penalty: 100.00 Paid Penalty: 100.00 Assessment Status code: Closed Assess. Case Status code: Proposed Assessment Amount: 100.00 Year: 2009 Violation Number: 6597163 Date Issued: 06/24/2010 Mine Status: Active Status Date: 11/05/2003 Action Type: 104(a) Date Abated: 07/15/2010 Citation/Order: Citation Sig and Sub Designation: N Proposed Penalty: 100.00 Paid Penalty: 100.00 Assessment Status code: Closed Assess. Case Status code: Proposed Assessment Amount: 100.00 Year: 2010 Violation Number: 6130308 Date Issued: 06/20/2006 Mine Status: Active Status Date: 11/05/2003 Action Type: 104(a) Date Abated: 06/22/2006 Citation/Order: Citation TC5050221.2s Page 9 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number SLATE SAND COMPANY INC (Continued) 1016953103 Sig and Sub Designation: Y Proposed Penalty: 107.00 Paid Penalty: 107.00 Assessment Status code: Closed Assess. Case Status code: Proposed Assessment Amount: 107.00 Year: 2006 Violation Number: 6130309 Date Issued: 06/20/2006 Mine Status: Active Status Date: 11/05/2003 Action Type: 104(a) Date Abated: 06/20/2006 Citation/Order: Citation Sig and Sub Designation: N Proposed Penalty: 60.00 Paid Penalty: 60.00 Assessment Status code: Closed Assess. Case Status code: Proposed Assessment Amount: 60.00 Year: 2006 Violation Number: 6130307 Date Issued: 06/20/2006 Mine Status: Active Status Date: 11/05/2003 Action Type: 104(a) Date Abated: 06/22/2006 Citation/Order: Citation Sig and Sub Designation: Y Proposed Penalty: 144.00 Paid Penalty: 144.00 Assessment Status code: Closed Assess. Case Status code: Proposed Assessment Amount: 144.00 Year: 2006 Violation Number: 8719431 Date Issued: 05/03/2012 Mine Status: Active Status Date: 11/05/2003 Action Type: 104(a) Date Abated: 05/03/2012 Citation/Order: Citation Sig and Sub Designation: N Proposed Penalty: 100 Paid Penalty: 100 Assessment Status code: Closed Assess. Case Status code: Proposed Assessment Amount: 100 Year: 2012 Violation Number: 8637505 Date Issued: 04/28/2011 Mine Status: Active Status Date: 11/05/2003 TC5050221.2s Page 10 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number SLATE SAND COMPANY INC (Continued) 1016953103 Action Type: 104(a) Date Abated: 04/28/2011 Citation/Order: Citation Sig and Sub Designation: N Proposed Penalty: 100.00 Paid Penalty: 100.00 Assessment Status code: Closed Assess. Case Status code: Proposed Assessment Amount: 100.00 Year: 2011 Violation Number: 6084271 Date Issued: 04/17/2008 Mine Status: Active Status Date: 11/05/2003 Action Type: 104(a) Date Abated: 04/17/2008 Citation/Order: Citation Sig and Sub Designation: N Proposed Penalty: 100.00 Paid Penalty: 100.00 Assessment Status code: Closed Assess. Case Status code: Proposed Assessment Amount: 100.00 Year: 2008 Violation Number: 6105500 Date Issued: 02/09/2009 Mine Status: Active Status Date: 11/05/2003 Action Type: 104(a) Date Abated: 02/23/2009 Citation/Order: Citation Sig and Sub Designation: N Proposed Penalty: 100.00 Paid Penalty: 100.00 Assessment Status code: Closed Assess. Case Status code: Proposed Assessment Amount: 100.00 Year: 2009 Violation Number: 8725619 Date Issued: 01/28/2013 Mine Status: Active Status Date: 11/05/2003 Action Type: 104(a) Date Abated: 02/12/2013 Citation/Order: Citation Sig and Sub Designation: N Proposed Penalty: 100 Paid Penalty: 100 Assessment Status code: Closed Assess. Case Status code: Proposed Assessment Amount: 100 Year: 2013 Violation Number: 6516905 TC5050221.2s Page 11 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number SLATE SAND COMPANY INC (Continued) 1016953103 Date Issued: 01/19/2011 Mine Status: Active Status Date: 11/05/2003 Action Type: 104(a) Date Abated: 01/19/2011 Citation/Order: Citation Sig and Sub Designation: N Proposed Penalty: 100.00 Paid Penalty: 100.00 Assessment Status code: Closed Assess. Case Status code: Proposed Assessment Amount: 100.00 Year: 2011 Violation Number: 8810454 Date Issued: 01/17/2014 Mine Status: Active Status Date: 11/05/2003 Action Type: 104(a) Date Abated: 02/03/2014 Citation/Order: Citation Sig and Sub Designation: N Proposed Penalty: 100.00 Paid Penalty: 0.00 Assessment Status code: Closed Assess. Case Status code: Vacated Assessment Amount: 0.00 Year: 2014 2 JOHN FLINCHUM'S GROCERY UST 0000831449 NE ROUTE 1 N/A 1/8-1/4 ARARATI, NC 27007 0.143 mi. 754 ft. Relative: UST: Higher Facility Id: 00-0-0000031662 Contact: HARRELL OIL CO OF MOUNT AIRY Actual: Contact Address1: PO BOX 1947 / 814-16 FORREST DR 1079 ft. Contact Address2: Not reported Contact City/State/Zip: MOUNT AIRY, NC 27030-1947 FIPS County Desc: Surry Latitude: 0 Longitude: 0 Tank Id: 1 Tank Status: Removed Installed Date: 01/01/1964 Perm Close Date: 04/30/1990 Product Key: 3 Product Name: Gasoline, Gas Mix Tank Capacity: 550 Root Tank Id: Not reported Main Tank: No Compartment Tank: No Manifold Tank: Not reported Commercial: Yes Regulated: Yes TC5050221.2s Page 12 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number JOHN FLINCHUM'S GROCERY (Continued) 0000831449 Tank Construction: Single Wall Steel Piping Construction: Single Wall Steel Piping System Key: Unknown Other CP Tank: Not reported Overfill Protection Key: 1 Overfill Protection Name: Unknown Spill Protection Key: 1 Spill Protection Name: Unknown Leak Detection Key: -1 Leak Detection Name: Unknown Decode for TCONS_KEY: Single Wall Steel Decode for PCONS_KEY: Single Wall Steel Decode for PSYS KEY: Unknown Tank Id: 2 Tank Status: Removed Installed Date: 01/01/1964 Perm Close Date: 04/30/1990 Product Key: 3 Product Name: Gasoline, Gas Mix Tank Capacity: 550 Root Tank Id: Not reported Main Tank: No Compartment Tank: No Manifold Tank: Not reported Commercial: Yes Regulated: Yes Tank Construction: Single Wall Steel Piping Construction: Single Wall Steel Piping System Key: Unknown Other CP Tank: Not reported Overfill Protection Key: 1 Overfill Protection Name: Unknown Spill Protection Key: 1 Spill Protection Name: Unknown Leak Detection Key: -1 Leak Detection Name: Unknown Decode for TCONS_KEY: Single Wall Steel Decode for PCONS_KEY: Single Wall Steel Decode for PSYS KEY: Unknown Tank Id: 3 Tank Status: Removed Installed Date: 01/01/1964 Perm Close Date: 04/30/1990 Product Key: 8 Product Name: Kerosene, Kero Mix Tank Capacity: 275 Root Tank Id: Not reported Main Tank: No Compartment Tank: No Manifold Tank: Not reported Commercial: Yes Regulated: Yes Tank Construction: Single Wall Steel TC5050221.2s Page 13 Map ID Direction Distance Elevation MAP FINDINGS Site JOHN FLINCHUM'S GROCERY (Continued) Piping Construction: Single Wall Steel Piping System Key: Unknown Other CP Tank: Not reported Overfill Protection Key: 1 Overfill Protection Name: Unknown Spill Protection Key: 1 Spill Protection Name: Unknown Leak Detection Key: -1 Leak Detection Name: Unknown Decode for TCONS_KEY: Single Wall Steel Decode for PCONS_KEY: Single Wall Steel Decode for PSYS KEY: Unknown EDR ID Number Database(s) EPA ID Number 0000831449 TC5050221.2s Page 14 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING To maintain currency of the following federal and state databases, EDR contacts the appropriate governmental agency on a monthly or quarterly basis, as required. Number of Days to Update: Provides confirmation that EDR is reporting records that have been updated within 90 days from the date the government agency made the information available to the public. STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL: National Priority List National Priorities List (Superfund). The NPL is a subset of CERCLIS and identifies over 1,200 sites for priority cleanup under the Superfund Program. NPL sites may encompass relatively large areas. As such, EDR provides polygon coverage for over 1,000 NPL site boundaries produced by EPA's Environmental Photographic Interpretation Center (EPIC) and regional EPA offices. Date of Government Version: 04/05/2017 Date Data Arrived at EDR: 04/21/2017 Date Made Active in Reports: 05/12/2017 Number of Days to Update: 21 NPL Site Boundaries Source: EPA Telephone: N/A Last EDR Contact: 07/07/2017 Next Scheduled EDR Contact: 10/16/2017 Data Release Frequency: Quarterly Sources: EPA's Environmental Photographic Interpretation Center (EPIC) Telephone: 202-564-7333 EPA Region 1 Telephone 617-918-1143 EPA Region 3 Telephone 215-814-5418 EPA Region 4 Telephone 404-562-8033 EPA Region 5 Telephone 312-886-6686 EPA Region 10 Telephone 206-553-8665 EPA Region 6 Telephone:214-655-6659 EPA Region 7 Telephone:913-551-7247 EPA Region 8 Telephone:303-312-6774 EPA Region 9 Telephone: 415-947-4246 Proposed NPL: Proposed National Priority List Sites A site that has been proposed for listing on the National Priorities List through the issuance of a proposed rule in the Federal Register. EPA then accepts public comments on the site, responds to the comments, and places on the NPL those sites that continue to meet the requirements for listing. Date of Government Version: 04/05/2017 Date Data Arrived at EDR: 04/21/2017 Date Made Active in Reports: 05/12/2017 Number of Days to Update: 21 Source: EPA Telephone: N/A Last EDR Contact: 07/07/2017 Next Scheduled EDR Contact: 10/16/2017 Data Release Frequency: Quarterly NPL LIENS: Federal Superfund Liens Federal Superfund Liens. Under the authority granted the USEPA by CERCLA of 1980, the USEPA has the authority to file liens against real property in order to recover remedial action expenditures or when the property owner received notification of potential liability. USEPA compiles a listing of filed notices of Superfund Liens. Date of Government Version: 10/15/1991 Date Data Arrived at EDR: 02/02/1994 Date Made Active in Reports: 03/30/1994 Number of Days to Update: 56 Source: EPA Telephone: 202-564-4267 Last EDR Contact: 08/15/2011 Next Scheduled EDR Contact: 11/28/2011 Data Release Frequency: No Update Planned TC5050221.2s Page GR-1 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Federal Delisted NPL site list Delisted NPL: National Priority List Deletions The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) establishes the criteria that the EPA uses to delete sites from the NPL. In accordance with 40 CFR 300.425.(e), sites may be deleted from the NPL where no further response is appropriate. Date of Government Version: 04/05/2017 Date Data Arrived at EDR: 04/21/2017 Date Made Active in Reports: 05/12/2017 Number of Days to Update: 21 Federal CERCLIS list Source: EPA Telephone: N/A Last EDR Contact: 07/07/2017 Next Scheduled EDR Contact: 10/16/2017 Data Release Frequency: Quarterly FEDERAL FACILITY: Federal Facility Site Information listing A listing of National Priority List (NPL) and Base Realignment and Closure (BRAG) sites found in the Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS) Database where EPA Federal Facilities Restoration and Reuse Office is involved in cleanup activities. Date of Government Version: 11/07/2016 Date Data Arrived at EDR: 01/05/2017 Date Made Active in Reports: 04/07/2017 Number of Days to Update: 92 Source: Environmental Protection Agency Telephone: 703-603-8704 Last EDR Contact: 07/07/2017 Next Scheduled EDR Contact: 10/16/2017 Data Release Frequency: Varies SEMS: Superfund Enterprise Management System SEMS (Superfund Enterprise Management System) tracks hazardous waste sites, potentially hazardous waste sites, and remedial activities performed in support of EPA's Superfund Program across the United States. The list was formerly know as CERCLIS, renamed to SEMS by the EPA in 2015. The list contains data on potentially hazardous waste sites that have been reported to the USEPA by states, municipalities, private companies and private persons, pursuant to Section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This dataset also contains sites which are either proposed to or on the National Priorities List (NPL) and the sites which are in the screening and assessment phase for possible inclusion on the NPL. Date of Government Version: 02/07/2017 Date Data Arrived at EDR: 04/19/2017 Date Made Active in Reports: 05/05/2017 Number of Days to Update: 16 Federal CERCLIS NFRAP site list Source: EPA Telephone: 800-424-9346 Last EDR Contact: 07/21/2017 Next Scheduled EDR Contact: 10/30/2017 Data Release Frequency: Quarterly SEMS-ARCHIVE: Superfund Enterprise Management System Archive TC5050221.2s Page GR-2 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING SEMS-ARCHIVE (Superfund Enterprise Management System Archive) tracks sites that have no further interest under the Federal Superfund Program based on available information. The list was formerly known as the CERCLIS-NFRAP, renamed to SEMS ARCHIVE by the EPA in 2015. EPA may perform a minimal level of assessment work at a site while it is archived if site conditions change and/or new information becomes available. Archived sites have been removed and archived from the inventory of SEMS sites. Archived status indicates that, to the best of EPA's knowledge, assessment at a site has been completed and that EPA has determined no further steps will be taken to list the site on the National Priorities List (NPL), unless information indicates this decision was not appropriate or other considerations require a recommendation for listing at a later time. The decision does not necessarily mean that there is no hazard associated with a given site; it only means that. based upon available information, the location is not judged to be potential NPL site. Date of Government Version: 02/07/2017 Date Data Arrived at EDR: 04/19/2017 Date Made Active in Reports: 05/05/2017 Number of Days to Update: 16 Federal RCRA CORRACTS facilities list Source: EPA Telephone: 800-424-9346 Last EDR Contact: 07/28/2017 Next Scheduled EDR Contact: 10/30/2017 Data Release Frequency: Quarterly CORRACTS: Corrective Action Report CORRACTS identifies hazardous waste handlers with RCRA corrective action activity. Date of Government Version: 12/12/2016 Date Data Arrived at EDR: 12/28/2016 Date Made Active in Reports: 02/10/2017 Number of Days to Update: 44 Federal RCRA non-CORRACTS TSD facilities list Source: EPA Telephone: 800-424-9346 Last EDR Contact: 08/11/2017 Next Scheduled EDR Contact: 10/09/2017 Data Release Frequency: Quarterly RCRA-TSDF: RCRA - Treatment, Storage and Disposal RCRAInfo is EPA's comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Transporters are individuals or entities that move hazardous waste from the generator offsite to a facility that can recycle, treat, store, or dispose of the waste. TSDFs treat, store, or dispose of the waste. Date of Government Version: 12/12/2016 Date Data Arrived at EDR: 12/28/2016 Date Made Active in Reports: 02/10/2017 Number of Days to Update: 44 Federal RCRA generators list Source: Environmental Protection Agency Telephone: (404) 562-8651 Last EDR Contact: 08/11/2017 Next Scheduled EDR Contact: 10/09/2017 Data Release Frequency: Quarterly RCRA-LQG: RCRA - Large Quantity Generators RCRAInfo is EPA's comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Large quantity generators (LQGs) generate over 1,000 kilograms (kg) of hazardous waste, or over 1 kg of acutely hazardous waste per month. Date of Government Version: 12/12/2016 Date Data Arrived at EDR: 12/28/2016 Date Made Active in Reports: 02/10/2017 Number of Days to Update: 44 Source: Environmental Protection Agency Telephone: (404) 562-8651 Last EDR Contact: 08/11/2017 Next Scheduled EDR Contact: 10/09/2017 Data Release Frequency: Quarterly TC5050221.2s Page GR-3 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING RCRA-SQG: RCRA - Small Quantity Generators RCRAInfo is EPA's comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Small quantity generators (SQGs) generate between 100 kg and 1,000 kg of hazardous waste per month. Date of Government Version: 12/12/2016 Date Data Arrived at EDR: 12/28/2016 Date Made Active in Reports: 02/10/2017 Number of Days to Update: 44 Source: Environmental Protection Agency Telephone: (404) 562-8651 Last EDR Contact: 08/11/2017 Next Scheduled EDR Contact: 10/09/2017 Data Release Frequency: Quarterly RCRA-CESQG: RCRA - Conditionally Exempt Small Quantity Generators RCRAInfo is EPA's comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Conditionally exempt small quantity generators (CESQGs) generate less than 100 kg of hazardous waste, or less than 1 kg of acutely hazardous waste per month. Date of Government Version: 12/12/2016 Date Data Arrived at EDR: 12/28/2016 Date Made Active in Reports: 02/10/2017 Number of Days to Update: 44 Source: Environmental Protection Agency Telephone: (404) 562-8651 Last EDR Contact: 08/11/2017 Next Scheduled EDR Contact: 10/09/2017 Data Release Frequency: Varies Federal institutional controls /engineering controls registries LUCIS: Land Use Control Information System LUCIS contains records of land use control information pertaining to the former Navy Base Realignment and Closure properties. Date of Government Version: 12/28/2016 Date Data Arrived at EDR: 01/04/2017 Date Made Active in Reports: 04/07/2017 Number of Days to Update: 93 Source: Department of the Navy Telephone: 843-820-7326 Last EDR Contact: 08/10/2017 Next Scheduled EDR Contact: 11/27/2017 Data Release Frequency: Varies US ENG CONTROLS: Engineering Controls Sites List A listing of sites with engineering controls in place. Engineering controls include various forms of caps, building foundations, liners, and treatment methods to create pathway elimination for regulated substances to enter environmental media or effect human health. Date of Government Version: 02/13/2017 Date Data Arrived at EDR: 02/28/2017 Date Made Active in Reports: 06/09/2017 Number of Days to Update: 101 Source: Environmental Protection Agency Telephone: 703-603-0695 Last EDR Contact: 08/30/2017 Next Scheduled EDR Contact: 12/11/2017 Data Release Frequency: Varies US INST CONTROL: Sites with Institutional Controls A listing of sites with institutional controls in place. Institutional controls include administrative measures, such as groundwater use restrictions, construction restrictions, property use restrictions, and post remediation care requirements intended to prevent exposure to contaminants remaining on site. Deed restrictions are generally required as part of the institutional controls. Date of Government Version: 02/13/2017 Date Data Arrived at EDR: 02/28/2017 Date Made Active in Reports: 06/09/2017 Number of Days to Update: 101 Source: Environmental Protection Agency Telephone: 703-603-0695 Last EDR Contact: 08/30/2017 Next Scheduled EDR Contact: 12/11/2017 Data Release Frequency: Varies TC5050221.2s Page GR-4 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Federal ERNS list ERNS: Emergency Response Notification System Emergency Response Notification System. ERNS records and stores information on reported releases of oil and hazardous substances. Date of Government Version: 09/26/2016 Source: National Response Center, United States Coast Guard Date Data Arrived at EDR: 09/29/2016 Telephone: 202-267-2180 Date Made Active in Reports: 11/11/2016 Last EDR Contact: 06/28/2017 Number of Days to Update: 43 Next Scheduled EDR Contact: 10/09/2017 Data Release Frequency: Annually State- and tribal - equivalent NPL HSDS: Hazardous Substance Disposal Site Locations of uncontrolled and unregulated hazardous waste sites. The file includes sites on the National Priority List as well as those on the state priority list. Date of Government Version: 08/09/2011 Source: North Carolina Center for Geographic Information and Analysis Date Data Arrived at EDR: 11/08/2011 Telephone: 919-754-6580 Date Made Active in Reports: 12/05/2011 Last EDR Contact: 07/26/2017 Number of Days to Update: 27 Next Scheduled EDR Contact: 11/08/2017 Data Release Frequency: Biennially State- and tribal - equivalent CERCLIS SHWS: Inactive Hazardous Sites Inventory State Hazardous Waste Sites. State hazardous waste site records are the states' equivalent to CERCLIS. These sites may or may not already be listed on the federal CERCLIS list. Priority sites planned for cleanup using state funds (state equivalent of Superfund) are identified along with sites where cleanup will be paid for by potentially responsible parties. Available information varies by state. Date of Government Version: 10/07/2016 Source: Department of Environment, Health and Natural Resources Date Data Arrived at EDR: 12/15/2016 Telephone: 919-508-8400 Date Made Active in Reports: 03/06/2017 Last EDR Contact: 09/13/2017 Number of Days to Update: 81 Next Scheduled EDR Contact: 12/25/2017 Data Release Frequency: Quarterly State and tribal landfill and/or solid waste disposal site lists SWF/LF: List of Solid Waste Facilities Solid Waste Facilities/Landfill Sites. SWF/LF type records typically contain an inventory of solid waste disposal facilities or landfills in a particular state. Depending on the state, these may be active or inactive facilities or open dumps that failed to meet RCRA Subtitle D Section 4004 criteria for solid waste landfills or disposal sites. Date of Government Version: 11/17/2016 Source: Department of Environment and Natural Resources Date Data Arrived at EDR: 12/28/2016 Telephone: 919-733-0692 Date Made Active in Reports: 03/08/2017 Last EDR Contact: 06/29/2017 Number of Days to Update: 70 Next Scheduled EDR Contact: 10/09/2017 Data Release Frequency: Semi -Annually OLI: Old Landfill Inventory Old landfill inventory location information. (Does not include no further action sites and other agency lead sites). Date of Government Version: 08/08/2016 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 01/17/2017 Telephone: 919-733-4996 Date Made Active in Reports: 03/08/2017 Last EDR Contact: 04/14/2017 Number of Days to Update: 50 Next Scheduled EDR Contact: 07/24/2017 Data Release Frequency: Varies TC5050221.2s Page GR-5 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING State and tribal leaking storage tank lists LAST: Leaking Aboveground Storage Tanks A listing of leaking aboveground storage tank site locations. Date of Government Version: 10/07/2016 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 11/09/2016 Telephone: 877-623-6748 Date Made Active in Reports: 03/06/2017 Last EDR Contact: 08/10/2017 Number of Days to Update: 117 Next Scheduled EDR Contact: 11/20/2017 Data Release Frequency: Quarterly LUST: Regional UST Database This database contains information obtained from the Regional Offices. It provides a more detailed explanation of current and historic activity for individual sites, as well as what was previously found in the Incident Management Database. Sites in this database with Incident Numbers are considered LUSTs. Date of Government Version: 11/07/2016 Source: Department of Environment and Natural Resources Date Data Arrived at EDR: 11/09/2016 Telephone: 919-733-1308 Date Made Active in Reports: 03/06/2017 Last EDR Contact: 08/10/2017 Number of Days to Update: 117 Next Scheduled EDR Contact: 11/20/2017 Data Release Frequency: Quarterly INDIAN LUST R5: Leaking Underground Storage Tanks on Indian Land Leaking underground storage tanks located on Indian Land in Michigan, Minnesota and Wisconsin. Date of Government Version: 11/14/2016 Date Data Arrived at EDR: 01/26/2017 Date Made Active in Reports: 05/05/2017 Number of Days to Update: 99 Source: EPA, Region 5 Telephone: 312-886-7439 Last EDR Contact: 07/27/2017 Next Scheduled EDR Contact: 11/08/2017 Data Release Frequency: Varies INDIAN LUST R1: Leaking Underground Storage Tanks on Indian Land A listing of leaking underground storage tank locations on Indian Land. Date of Government Version: 11/14/2016 Date Data Arrived at EDR: 01/26/2017 Date Made Active in Reports: 05/05/2017 Number of Days to Update: 99 Source: EPA Region 1 Telephone: 617-918-1313 Last EDR Contact: 07/27/2017 Next Scheduled EDR Contact: 11/08/2017 Data Release Frequency: Varies INDIAN LUST R4: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Florida, Mississippi and North Carolina. Date of Government Version: 10/14/2016 Date Data Arrived at EDR: 01/27/2017 Date Made Active in Reports: 05/05/2017 Number of Days to Update: 98 Source: EPA Region 4 Telephone: 404-562-8677 Last EDR Contact: 07/28/2017 Next Scheduled EDR Contact: 11/08/2017 Data Release Frequency: Semi -Annually INDIAN LUST R10: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Alaska, Idaho, Oregon and Washington. Date of Government Version: 10/07/2016 Date Data Arrived at EDR: 01/26/2017 Date Made Active in Reports: 05/05/2017 Number of Days to Update: 99 Source: EPA Region 10 Telephone: 206-553-2857 Last EDR Contact: 07/27/2017 Next Scheduled EDR Contact: 11/08/2017 Data Release Frequency: Quarterly INDIAN LUST R9: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Arizona, California, New Mexico and Nevada TC5050221.2s Page GR-6 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 10/06/2016 Date Data Arrived at EDR: 01/26/2017 Date Made Active in Reports: 05/05/2017 Number of Days to Update: 99 Source: Environmental Protection Agency Telephone: 415-972-3372 Last EDR Contact: 07/27/2017 Next Scheduled EDR Contact: 11/08/2017 Data Release Frequency: Quarterly INDIAN LUST R6: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in New Mexico and Oklahoma. Date of Government Version: 10/01/2016 Date Data Arrived at EDR: 01/26/2017 Date Made Active in Reports: 05/05/2017 Number of Days to Update: 99 Source: EPA Region 6 Telephone: 214-665-6597 Last EDR Contact: 07/27/2017 Next Scheduled EDR Contact: 11/08/2017 Data Release Frequency: Varies INDIAN LUST R7: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Iowa, Kansas, and Nebraska Date of Government Version: 09/01/2016 Date Data Arrived at EDR: 01/26/2017 Date Made Active in Reports: 05/05/2017 Number of Days to Update: 99 Source: EPA Region 7 Telephone: 913-551-7003 Last EDR Contact: 07/27/2017 Next Scheduled EDR Contact: 11/08/2017 Data Release Frequency: Varies INDIAN LUST R8: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Colorado, Montana, North Dakota, South Dakota, Utah and Wyoming. Date of Government Version: 10/17/2016 Date Data Arrived at EDR: 01/26/2017 Date Made Active in Reports: 05/05/2017 Number of Days to Update: 99 Source: EPA Region 8 Telephone: 303-312-6271 Last EDR Contact: 07/27/2017 Next Scheduled EDR Contact: 11/08/2017 Data Release Frequency: Quarterly LUST TRUST: State Trust Fund Database This database contains information about claims against the State Trust Funds for reimbursements for expenses incurred while remediating Leaking USTs. Date of Government Version: 01/06/2017 Source: Department of Environment and Natural Resources Date Data Arrived at EDR: 01/12/2017 Telephone: 919-733-1315 Date Made Active in Reports: 03/06/2017 Last EDR Contact: 07/13/2017 Number of Days to Update: 53 Next Scheduled EDR Contact: 10/23/2017 Data Release Frequency: Semi -Annually State and tribal registered storage tank lists FEMA UST: Underground Storage Tank Listing A listing of all FEMA owned underground storage tanks. Date of Government Version: 01/01/2010 Date Data Arrived at EDR: 02/16/2010 Date Made Active in Reports: 04/12/2010 Number of Days to Update: 55 Source: FEMA Telephone: 202-646-5797 Last EDR Contact: 07/14/2017 Next Scheduled EDR Contact: 10/23/2017 Data Release Frequency: Varies UST: Petroleum Underground Storage Tank Database Registered Underground Storage Tanks. UST's are regulated under Subtitle I of the Resource Conservation and Recovery Act (RCRA) and must be registered with the state department responsible for administering the UST program. Available information varies by state program. TC5050221.2s Page GR-7 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 09/30/2016 Source: Department of Environment and Natural Resources Date Data Arrived at EDR: 11/09/2016 Telephone: 919-733-1308 Date Made Active in Reports: 03/06/2017 Last EDR Contact: 08/10/2017 Number of Days to Update: 117 Next Scheduled EDR Contact: 11/20/2017 Data Release Frequency: Quarterly AST: AST Database Facilities with aboveground storage tanks that have a capacity greater than 21,000 gallons. Date of Government Version: 09/26/2016 Source: Department of Environment and Natural Resources Date Data Arrived at EDR: 12/30/2016 Telephone: 919-715-6183 Date Made Active in Reports: 03/06/2017 Last EDR Contact: 06/19/2017 Number of Days to Update: 66 Next Scheduled EDR Contact: 10/02/2017 Data Release Frequency: Semi -Annually INDIAN UST R10: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 10 (Alaska, Idaho, Oregon, Washington, and Tribal Nations). Date of Government Version: 10/07/2016 Date Data Arrived at EDR: 01/26/2017 Date Made Active in Reports: 05/05/2017 Number of Days to Update: 99 Source: EPA Region 10 Telephone: 206-553-2857 Last EDR Contact: 07/27/2017 Next Scheduled EDR Contact: 11/08/2017 Data Release Frequency: Quarterly INDIAN UST R8: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming and 27 Tribal Nations). Date of Government Version: 10/17/2016 Date Data Arrived at EDR: 01/26/2017 Date Made Active in Reports: 05/05/2017 Number of Days to Update: 99 Source: EPA Region 8 Telephone: 303-312-6137 Last EDR Contact: 07/27/2017 Next Scheduled EDR Contact: 11/08/2017 Data Release Frequency: Quarterly INDIAN UST R7: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 7 (Iowa, Kansas, Missouri, Nebraska, and 9 Tribal Nations). Date of Government Version: 09/01/2016 Date Data Arrived at EDR: 01/26/2017 Date Made Active in Reports: 05/05/2017 Number of Days to Update: 99 Source: EPA Region 7 Telephone: 913-551-7003 Last EDR Contact: 07/27/2017 Next Scheduled EDR Contact: 11/08/2017 Data Release Frequency: Varies INDIAN UST R6: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 6 (Louisiana, Arkansas, Oklahoma, New Mexico, Texas and 65 Tribes). Date of Government Version: 10/01/2016 Date Data Arrived at EDR: 01/26/2017 Date Made Active in Reports: 05/05/2017 Number of Days to Update: 99 Source: EPA Region 6 Telephone: 214-665-7591 Last EDR Contact: 07/27/2017 Next Scheduled EDR Contact: 11/08/2017 Data Release Frequency: Semi -Annually INDIAN UST R5: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 5 (Michigan, Minnesota and Wisconsin and Tribal Nations). TC5050221.2s Page GR-8 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 01/14/2017 Date Data Arrived at EDR: 01/26/2017 Date Made Active in Reports: 05/05/2017 Number of Days to Update: 99 Source: EPA Region 5 Telephone: 312-886-6136 Last EDR Contact: 07/27/2017 Next Scheduled EDR Contact: 11/08/2017 Data Release Frequency: Varies INDIAN UST R4: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee and Tribal Nations) Date of Government Version: 10/14/2016 Date Data Arrived at EDR: 01/27/2017 Date Made Active in Reports: 05/05/2017 Number of Days to Update: 98 Source: EPA Region 4 Telephone: 404-562-9424 Last EDR Contact: 07/28/2017 Next Scheduled EDR Contact: 11/08/2017 Data Release Frequency: Semi -Annually INDIAN UST R1: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 1 (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont and ten Tribal Nations). Date of Government Version: 11/14/2016 Date Data Arrived at EDR: 01/26/2017 Date Made Active in Reports: 05/05/2017 Number of Days to Update: 99 Source: EPA, Region 1 Telephone: 617-918-1313 Last EDR Contact: 07/27/2017 Next Scheduled EDR Contact: 11/08/2017 Data Release Frequency: Varies INDIAN UST R9: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 9 (Arizona, California, Hawaii, Nevada, the Pacific Islands, and Tribal Nations). Date of Government Version: 10/06/2016 Date Data Arrived at EDR: 01/26/2017 Date Made Active in Reports: 05/05/2017 Number of Days to Update: 99 Source: EPA Region 9 Telephone: 415-9 72-3368 Last EDR Contact: 07/27/2017 Next Scheduled EDR Contact: 11/08/2017 Data Release Frequency: Quarterly State and tribal institutional control / engineering control registries INST CONTROL: No Further Action Sites With Land Use Restrictions Monitoring A land use restricted site is a property where there are limits or requirements on future use of the property due to varying levels of cleanup possible, practical, or necessary at the site. Date of Government Version: 10/07/2016 Source: Department of Environment, Health and Natural Resources Date Data Arrived at EDR: 12/15/2016 Telephone: 919-508-8400 Date Made Active in Reports: 03/06/2017 Last EDR Contact: 09/13/2017 Number of Days to Update: 81 Next Scheduled EDR Contact: 12/25/2017 Data Release Frequency: Quarterly State and tribal voluntary cleanup sites INDIAN VCP R7: Voluntary Cleanup Priority Lisitng A listing of voluntary cleanup priority sites located on Indian Land located in Region 7. Date of Government Version: 03/20/2008 Date Data Arrived at EDR: 04/22/2008 Date Made Active in Reports: 05/19/2008 Number of Days to Update: 27 Source: EPA, Region 7 Telephone: 913-551-7365 Last EDR Contact: 04/20/2009 Next Scheduled EDR Contact: 07/20/2009 Data Release Frequency: Varies TC5050221.2s Page GR-9 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING INDIAN VCP R1: Voluntary Cleanup Priority Listing A listing of voluntary cleanup priority sites located on Indian Land located in Region 1. Date of Government Version: 07/27/2015 Date Data Arrived at EDR: 09/29/2015 Date Made Active in Reports: 02/18/2016 Number of Days to Update: 142 Source: EPA, Region 1 Telephone: 617-918-1102 Last EDR Contact: 06/27/2017 Next Scheduled EDR Contact: 10/09/2017 Data Release Frequency: Varies VCP: Responsible Party Voluntary Action Sites Responsible Party Voluntary Action site locations. Date of Government Version: 10/07/2016 Source: Department of Environment and Natural Resources Date Data Arrived at EDR: 12/15/2016 Telephone: 919-508-8400 Date Made Active in Reports: 03/08/2017 Last EDR Contact: 09/13/2017 Number of Days to Update: 83 Next Scheduled EDR Contact: 12/25/2017 Data Release Frequency: Semi -Annually State and tribal Brownfields sites BROWNFIELDS: Brownfields Projects Inventory A brownfield site is an abandoned, idled, or underused property where the threat of environmental contamination has hindered its redevelopment. All of the sites in the inventory are working toward a brownfield agreement for cleanup and liabitliy control. Date of Government Version: 01/03/2017 Source: Department of Environment and Natural Resources Date Data Arrived at EDR: 01/06/2017 Telephone: 919-733-4996 Date Made Active in Reports: 03/06/2017 Last EDR Contact: 07/07/2017 Number of Days to Update: 59 Next Scheduled EDR Contact: 10/16/2017 Data Release Frequency: Varies ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS: A Listing of Brownfields Sites Brownfields are real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. Cleaning up and reinvesting in these properties takes development pressures off of undeveloped, open land, and both improves and protects the environment. Assessment, Cleanup and Redevelopment Exchange System (ACRES) stores information reported by EPA Brownfields grant recipients on brownfields properties assessed or cleaned up with grant funding as well as information on Targeted Brownfields Assessments performed by EPA Regions. A listing of ACRES Brownfield sites is obtained from Cleanups in My Community. Cleanups in My Community provides information on Brownfields properties for which information is reported back to EPA, as well as areas served by Brownfields grant programs. Date of Government Version: 03/02/2017 Date Data Arrived at EDR: 03/02/2017 Date Made Active in Reports: 04/07/2017 Number of Days to Update: 36 Source: Environmental Protection Agency Telephone: 202-566-2777 Last EDR Contact: 06/20/2017 Next Scheduled EDR Contact: 10/02/2017 Data Release Frequency: Semi -Annually Local Lists of Landfill / Solid Waste Disposal Sites SWRCY: Recycling Center Listing A listing of recycling center locations. Date of Government Version: 11/30/2016 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 12/05/2016 Telephone: 919-707-8137 Date Made Active in Reports: 03/08/2017 Last EDR Contact: 05/01/2017 Number of Days to Update: 93 Next Scheduled EDR Contact: 08/14/2017 Data Release Frequency: Varies TC5050221.2s Page GR-10 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING HIST LF: Solid Waste Facility Listing A listing of solid waste facilities. Date of Government Version: 11/06/2006 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 02/13/2007 Telephone: 919-733-0692 Date Made Active in Reports: 03/02/2007 Last EDR Contact: 01/19/2009 Number of Days to Update: 17 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned INDIAN ODI: Report on the Status of Open Dumps on Indian Lands Location of open dumps on Indian land. Date of Government Version: 12/31/1998 Date Data Arrived at EDR: 12/03/2007 Date Made Active in Reports: 01/24/2008 Number of Days to Update: 52 Source: Environmental Protection Agency Telephone: 703-308-8245 Last EDR Contact: 08/01/2017 Next Scheduled EDR Contact: 11/13/2017 Data Release Frequency: Varies DEBRIS REGION 9: Torres Martinez Reservation Illegal Dump Site Locations A listing of illegal dump sites location on the Torres Martinez Indian Reservation located in eastern Riverside County and northern Imperial County, California. Date of Government Version: 01/12/2009 Date Data Arrived at EDR: 05/07/2009 Date Made Active in Reports: 09/21/2009 Number of Days to Update: 137 Source: EPA, Region 9 Telephone: 415-947-4219 Last EDR Contact: 07/24/2017 Next Scheduled EDR Contact: 11/08/2017 Data Release Frequency: No Update Planned ODI: Open Dump Inventory An open dump is defined as a disposal facility that does not comply with one or more of the Part 257 or Part 258 Subtitle D Criteria. Date of Government Version: 06/30/1985 Date Data Arrived at EDR: 08/09/2004 Date Made Active in Reports: 09/17/2004 Number of Days to Update: 39 Source: Environmental Protection Agency Telephone: 800-424-9346 Last EDR Contact: 06/09/2004 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned IHS OPEN DUMPS: Open Dumps on Indian Land A listing of all open dumps located on Indian Land in the United States. Date of Government Version: 04/01/2014 Source: Department of Health & Human Serivices, Indian Health Service Date Data Arrived at EDR: 08/06/2014 Telephone: 301-443-1452 Date Made Active in Reports: 01/29/2015 Last EDR Contact: 08/29/2017 Number of Days to Update: 176 Next Scheduled EDR Contact: 11/13/2017 Data Release Frequency: Varies Local Lists of Hazardous waste / Contaminated Sites US HIST CDL: National Clandestine Laboratory Register A listing of clandestine drug lab locations that have been removed from the DEAs National Clandestine Laboratory Register. Date of Government Version: 02/09/2017 Date Data Arrived at EDR: 03/08/2017 Date Made Active in Reports: 06/09/2017 Number of Days to Update: 93 Source: Drug Enforcement Administration Telephone: 202-307-1000 Last EDR Contact: 08/30/2017 Next Scheduled EDR Contact: 12/11/2017 Data Release Frequency: No Update Planned TC5050221.2s Page GR-11 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING US CDL: Clandestine Drug Labs A listing of clandestine drug lab locations. The U.S. Department of Justice ("the Department") provides this web site as a public service. It contains addresses of some locations where law enforcement agencies reported they found chemicals or other items that indicated the presence of either clandestine drug laboratories or dumpsites. In most cases, the source of the entries is not the Department, and the Department has not verified the entry and does not guarantee its accuracy. Members of the public must verify the accuracy of all entries by, for example, contacting local law enforcement and local health departments. Date of Government Version: 02/09/2017 Date Data Arrived at EDR: 03/08/2017 Date Made Active in Reports: 06/09/2017 Number of Days to Update: 93 Local Land Records Source: Drug Enforcement Administration Telephone: 202-307-1000 Last EDR Contact: 08/30/2017 Next Scheduled EDR Contact: 12/11/2017 Data Release Frequency: Quarterly LIENS 2: CERCLA Lien Information A Federal CERCLA ('Superfund') lien can exist by operation of law at any site or property at which EPA has spent Superfund monies. These monies are spent to investigate and address releases and threatened releases of contamination. CERCLIS provides information as to the identity of these sites and properties. Date of Government Version: 02/18/2014 Date Data Arrived at EDR: 03/18/2014 Date Made Active in Reports: 04/24/2014 Number of Days to Update: 37 Records of Emergency Release Reports Source: Environmental Protection Agency Telephone: 202-564-6023 Last EDR Contact: 07/26/2017 Next Scheduled EDR Contact: 11/08/2017 Data Release Frequency: Varies HMIRS: Hazardous Materials Information Reporting System Hazardous Materials Incident Report System. HMIRS contains hazardous material spill incidents reported to DOT. Date of Government Version: 12/28/2016 Date Data Arrived at EDR: 12/28/2016 Date Made Active in Reports: 02/03/2017 Number of Days to Update: 37 Source: U.S. Department of Transportation Telephone: 202-366-4555 Last EDR Contact: 06/28/2017 Next Scheduled EDR Contact: 10/09/2017 Data Release Frequency: Annually SPILLS: Spills Incident Listing A listing spills, hazardous material releases, sanitary sewer overflows, wastewater treatment plant bypasses and upsets, citizen complaints, and any other environmental emergency calls reported to the agency. Date of Government Version: 12/14/2016 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 12/16/2016 Telephone: 919-807-6308 Date Made Active in Reports: 03/08/2017 Last EDR Contact: 09/08/2017 Number of Days to Update: 82 Next Scheduled EDR Contact: 12/25/2017 Data Release Frequency: Varies IMD: Incident Management Database Groundwater and/or soil contamination incidents Date of Government Version: 07/21/2006 Source: Department of Environment and Natural Resources Date Data Arrived at EDR: 08/01/2006 Telephone: 919-733-3221 Date Made Active in Reports: 08/23/2006 Last EDR Contact: 07/01/2011 Number of Days to Update: 22 Next Scheduled EDR Contact: 10/17/2011 Data Release Frequency: No Update Planned SPILLS 90: SPILLS90 data from FirstSearch Spills 90 includes those spill and release records available exclusively from FirstSearch databases. Typically, they may include chemical, oil and/or hazardous substance spills recorded after 1990. Duplicate records that are already included in EDR incident and release records are not included in Spills 90. TC5050221.2s Page GR-12 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 09/27/2012 Date Data Arrived at EDR: 01/03/2013 Date Made Active in Reports: 03/06/2013 Number of Days to Update: 62 Source: FirstSearch Telephone: N/A Last EDR Contact: 01/03/2013 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned SPILLS 80: SPILLS80 data from FirstSearch Spills 80 includes those spill and release records available from FirstSearch databases prior to 1990. Typically, they may include chemical, oil and/or hazardous substance spills recorded before 1990. Duplicate records that are already included in EDR incident and release records are not included in Spills 80. Date of Government Version: 06/14/2001 Date Data Arrived at EDR: 01/03/2013 Date Made Active in Reports: 03/06/2013 Number of Days to Update: 62 Other Ascertainable Records Source: FirstSearch Telephone: N/A Last EDR Contact: 01/03/2013 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned RCRA NonGen / NLR: RCRA - Non Generators / No Longer Regulated RCRAInfo is EPA's comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Non -Generators do not presently generate hazardous waste. Date of Government Version: 12/12/2016 Date Data Arrived at EDR: 12/28/2016 Date Made Active in Reports: 02/10/2017 Number of Days to Update: 44 Source: Environmental Protection Agency Telephone: (404) 562-8651 Last EDR Contact: 08/11/2017 Next Scheduled EDR Contact: 10/09/2017 Data Release Frequency: Varies FUDS: Formerly Used Defense Sites The listing includes locations of Formerly Used Defense Sites properties where the US Army Corps of Engineers is actively working or will take necessary cleanup actions. Date of Government Version: 01/31/2015 Date Data Arrived at EDR: 07/08/2015 Date Made Active in Reports: 10/13/2015 Number of Days to Update: 97 Source: U.S. Army Corps of Engineers Telephone: 202-528-4285 Last EDR Contact: 08/25/2017 Next Scheduled EDR Contact: 12/04/2017 Data Release Frequency: Varies DOD: Department of Defense Sites This data set consists of federally owned or administered lands, administered by the Department of Defense, that have any area equal to or greater than 640 acres of the United States, Puerto Rico, and the U.S. Virgin Islands. Date of Government Version: 12/31/2005 Date Data Arrived at EDR: 11/10/2006 Date Made Active in Reports: 01/11/2007 Number of Days to Update: 62 Source: USGS Telephone: 888-275-8747 Last EDR Contact: 07/12/2017 Next Scheduled EDR Contact: 10/23/2017 Data Release Frequency: Semi -Annually FEDLAND: Federal and Indian Lands Federally and Indian administrated lands of the United States. Lands included are administrated by: Army Corps of Engineers, Bureau of Reclamation, National Wild and Scenic River, National Wildlife Refuge, Public Domain Land, Wilderness, Wilderness Study Area, Wildlife Management Area, Bureau of Indian Affairs, Bureau of Land Management, Department of Justice, Forest Service, Fish and Wildlife Service, National Park Service. Date of Government Version: 12/31/2005 Date Data Arrived at EDR: 02/06/2006 Date Made Active in Reports: 01/11/2007 Number of Days to Update: 339 Source: U.S. Geological Survey Telephone: 888-275-8747 Last EDR Contact: 07/14/2017 Next Scheduled EDR Contact: 10/23/2017 Data Release Frequency: N/A TC5050221.2s Page GR-13 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING SCRD DRYCLEANERS: State Coalition for Remediation of Drycleaners Listing The State Coalition for Remediation of Drycleaners was established in 1998, with support from the U.S. EPA Office of Superfund Remediation and Technology Innovation. It is comprised of representatives of states with established drycleaner remediation programs. Currently the member states are Alabama, Connecticut, Florida, Illinois, Kansas, Minnesota, Missouri, North Carolina, Oregon, South Carolina, Tennessee, Texas, and Wisconsin. Date of Government Version: 01/01/2017 Date Data Arrived at EDR: 02/03/2017 Date Made Active in Reports: 04/07/2017 Number of Days to Update: 63 Source: Environmental Protection Agency Telephone: 615-532-8599 Last EDR Contact: 08/18/2017 Next Scheduled EDR Contact: 11/27/2017 Data Release Frequency: Varies US FIN ASSUR: Financial Assurance Information All owners and operators of facilities that treat, store, or dispose of hazardous waste are required to provide proof that they will have sufficient funds to pay for the clean up, closure, and post -closure care of their facilities. Date of Government Version: 02/13/2017 Date Data Arrived at EDR: 02/15/2017 Date Made Active in Reports: 05/12/2017 Number of Days to Update: 86 Source: Environmental Protection Agency Telephone: 202-566-1917 Last EDR Contact: 08/11/2017 Next Scheduled EDR Contact: 10/09/2017 Data Release Frequency: Quarterly EPA WATCH LIST: EPA WATCH LIST EPA maintains a "Watch List' to facilitate dialogue between EPA, state and local environmental agencies on enforcement matters relating to facilities with alleged violations identified as either significant or high priority. Being on the Watch List does not mean that the facility has actually violated the law only that an investigation by EPA or a state or local environmental agency has led those organizations to allege that an unproven violation has in fact occurred. Being on the Watch List does not represent a higher level of concern regarding the alleged violations that were detected, but instead indicates cases requiring additional dialogue between EPA, state and local agencies - primarily because of the length of time the alleged violation has gone unaddressed or unresolved. Date of Government Version: 08/30/2013 Date Data Arrived at EDR: 03/21/2014 Date Made Active in Reports: 06/17/2014 Number of Days to Update: 88 Source: Environmental Protection Agency Telephone: 617-520-3000 Last EDR Contact: 08/07/2017 Next Scheduled EDR Contact: 11/20/2017 Data Release Frequency: Quarterly 2020 COR ACTION: 2020 Corrective Action Program List The EPA has set ambitious goals for the RCRA Corrective Action program by creating the 2020 Corrective Action Universe. This RCRA cleanup baseline includes facilities expected to need corrective action. The 2020 universe contains a wide variety of sites. Some properties are heavily contaminated while others were contaminated but have since been cleaned up. Still others have not been fully investigated yet, and may require little or no remediation. Inclusion in the 2020 Universe does not necessarily imply failure on the part of a facility to meet its RCRA obligations. Date of Government Version: 04/22/2013 Date Data Arrived at EDR: 03/03/2015 Date Made Active in Reports: 03/09/2015 Number of Days to Update: 6 Source: Environmental Protection Agency Telephone: 703-308-4044 Last EDR Contact: 08/24/2017 Next Scheduled EDR Contact: 11/20/2017 Data Release Frequency: Varies TSCA: Toxic Substances Control Act Toxic Substances Control Act. TSCA identifies manufacturers and importers of chemical substances included on the TSCA Chemical Substance Inventory list. It includes data on the production volume of these substances by plant site. Date of Government Version: 12/31/2012 Date Data Arrived at EDR: 01/15/2015 Date Made Active in Reports: 01/29/2015 Number of Days to Update: 14 Source: EPA Telephone: 202-260-5521 Last EDR Contact: 06/21/2017 Next Scheduled EDR Contact: 10/02/2017 Data Release Frequency: Every 4 Years TC5050221.2s Page GR-14 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING TRIS: Toxic Chemical Release Inventory System Toxic Release Inventory System. TRIS identifies facilities which release toxic chemicals to the air, water and land in reportable quantities under SARA Title III Section 313. Date of Government Version: 12/31/2014 Date Data Arrived at EDR: 11/24/2015 Date Made Active in Reports: 04/05/2016 Number of Days to Update: 133 Source: EPA Telephone: 202-566-0250 Last EDR Contact: 08/23/2017 Next Scheduled EDR Contact: 12/04/2017 Data Release Frequency: Annually SSTS: Section 7 Tracking Systems Section 7 of the Federal Insecticide, Fungicide and Rodenticide Act, as amended (92 Stat. 829) requires all registered pesticide -producing establishments to submit a report to the Environmental Protection Agency by March 1st each year. Each establishment must report the types and amounts of pesticides, active ingredients and devices being produced, and those having been produced and sold or distributed in the past year. Date of Government Version: 12/31/2009 Date Data Arrived at EDR: 12/10/2010 Date Made Active in Reports: 02/25/2011 Number of Days to Update: 77 Source: EPA Telephone: 202-564-4203 Last EDR Contact: 07/28/2017 Next Scheduled EDR Contact: 11/08/2017 Data Release Frequency: Annually ROD: Records Of Decision Record of Decision. ROD documents mandate a permanent remedy at an NPL (Superfund) site containing technical and health information to aid in the cleanup. Date of Government Version: 11/25/2013 Date Data Arrived at EDR: 12/12/2013 Date Made Active in Reports: 02/24/2014 Number of Days to Update: 74 Source: EPA Telephone: 703-416-0223 Last EDR Contact: 09/08/2017 Next Scheduled EDR Contact: 12/18/2017 Data Release Frequency: Annually RMP: Risk Management Plans When Congress passed the Clean Air Act Amendments of 1990, it required EPA to publish regulations and guidance for chemical accident prevention at facilities using extremely hazardous substances. The Risk Management Program Rule (RMP Rule) was written to implement Section 112(r) of these amendments. The rule, which built upon existing industry codes and standards, requires companies of all sizes that use certain flammable and toxic substances to develop a Risk Management Program, which includes a(n): Hazard assessment that details the potential effects of an accidental release, an accident history of the last five years, and an evaluation of worst -case and alternative accidental releases; Prevention program that includes safety precautions and maintenance, monitoring, and employee training measures; and Emergency response program that spells out emergency health care, employee training measures and procedures for informing the public and response agencies (e.g the fire department) should an accident occur. Date of Government Version: 02/01/2017 Date Data Arrived at EDR: 02/09/2017 Date Made Active in Reports: 04/07/2017 Number of Days to Update: 57 Source: Environmental Protection Agency Telephone: 202-564-8600 Last EDR Contact: 07/24/2017 Next Scheduled EDR Contact: 11/08/2017 Data Release Frequency: Varies RAATS: RCRA Administrative Action Tracking System RCRA Administration Action Tracking System. RAATS contains records based on enforcement actions issued under RCRA pertaining to major violators and includes administrative and civil actions brought by the EPA. For administration actions after September 30, 1995, data entry in the RAATS database was discontinued. EPA will retain a copy of the database for historical records. It was necessary to terminate RAATS because a decrease in agency resources made it impossible to continue to update the information contained in the database. Date of Government Version: 04/17/1995 Date Data Arrived at EDR: 07/03/1995 Date Made Active in Reports: 08/07/1995 Number of Days to Update: 35 Source: EPA Telephone: 202-564-4104 Last EDR Contact: 06/02/2008 Next Scheduled EDR Contact: 09/01/2008 Data Release Frequency: No Update Planned TC5050221.2s Page GR-15 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING PRP: Potentially Responsible Parties A listing of verified Potentially Responsible Parties Date of Government Version: 10/25/2013 Date Data Arrived at EDR: 10/17/2014 Date Made Active in Reports: 10/20/2014 Number of Days to Update: 3 Source: EPA Telephone: 202-564-6023 Last EDR Contact: 08/08/2017 Next Scheduled EDR Contact: 11/20/2017 Data Release Frequency: Quarterly PADS: PCB Activity Database System PCB Activity Database. PADS Identifies generators, transporters, commercial storers and/or brokers and disposers of PCB's who are required to notify the EPA of such activities. Date of Government Version: 01/20/2016 Date Data Arrived at EDR: 04/28/2016 Date Made Active in Reports: 09/02/2016 Number of Days to Update: 127 Source: EPA Telephone: 202-566-0500 Last EDR Contact: 04/10/2017 Next Scheduled EDR Contact: 07/24/2017 Data Release Frequency: Annually ICIS: Integrated Compliance Information System The Integrated Compliance Information System (ICIS) supports the information needs of the national enforcement and compliance program as well as the unique needs of the National Pollutant Discharge Elimination System (NPDES) program. Date of Government Version: 11/18/2016 Date Data Arrived at EDR: 11/23/2016 Date Made Active in Reports: 02/10/2017 Number of Days to Update: 79 Source: Environmental Protection Agency Telephone: 202-564-2501 Last EDR Contact: 07/28/2017 Next Scheduled EDR Contact: 10/23/2017 Data Release Frequency: Quarterly FTTS: FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) FTTS tracks administrative cases and pesticide enforcement actions and compliance activities related to FIFRA, TSCA and EPCRA (Emergency Planning and Community Right -to -Know Act). To maintain currency, EDR contacts the Agency on a quarterly basis. Date of Government Version: 04/09/2009 Source: EPA/Office of Prevention, Pesticides and Toxic Substances Date Data Arrived at EDR: 04/16/2009 Telephone: 202-566-1667 Date Made Active in Reports: 05/11/2009 Last EDR Contact: 08/18/2017 Number of Days to Update: 25 Next Scheduled EDR Contact: 12/04/2017 Data Release Frequency: Quarterly FTTS INSP: FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) A listing of FIFRA/TSCA Tracking System (FTTS) inspections and enforcements. Date of Government Version: 04/09/2009 Date Data Arrived at EDR: 04/16/2009 Date Made Active in Reports: 05/11/2009 Number of Days to Update: 25 Source: EPA Telephone: 202-566-1667 Last EDR Contact: 08/18/2017 Next Scheduled EDR Contact: 12/04/2017 Data Release Frequency: Quarterly MLTS: Material Licensing Tracking System MLTS is maintained by the Nuclear Regulatory Commission and contains a list of approximately 8,100 sites which possess or use radioactive materials and which are subject to NRC licensing requirements. To maintain currency, EDR contacts the Agency on a quarterly basis. Date of Government Version: 08/30/2016 Date Data Arrived at EDR: 09/08/2016 Date Made Active in Reports: 10/21/2016 Number of Days to Update: 43 Source: Nuclear Regulatory Commission Telephone: 301-415-7169 Last EDR Contact: 08/01/2017 Next Scheduled EDR Contact: 11/20/2017 Data Release Frequency: Quarterly TC5050221.2s Page GR-16 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING COAL ASH DOE: Steam -Electric Plant Operation Data A listing of power plants that store ash in surface ponds. Date of Government Version: 12/31/2005 Date Data Arrived at EDR: 08/07/2009 Date Made Active in Reports: 10/22/2009 Number of Days to Update: 76 Source: Department of Energy Telephone: 202-586-8719 Last EDR Contact: 09/08/2017 Next Scheduled EDR Contact: 12/18/2017 Data Release Frequency: Varies COAL ASH EPA: Coal Combustion Residues Surface Impoundments List A listing of coal combustion residues surface impoundments with high hazard potential ratings. Date of Government Version: 07/01/2014 Date Data Arrived at EDR: 09/10/2014 Date Made Active in Reports: 10/20/2014 Number of Days to Update: 40 Source: Environmental Protection Agency Telephone: N/A Last EDR Contact: 09/08/2017 Next Scheduled EDR Contact: 12/18/2017 Data Release Frequency: Varies PCB TRANSFORMER: PCB Transformer Registration Database The database of PCB transformer registrations that includes all PCB registration submittals. Date of Government Version: 02/01/2011 Date Data Arrived at EDR: 10/19/2011 Date Made Active in Reports: 01/10/2012 Number of Days to Update: 83 Source: Environmental Protection Agency Telephone: 202-566-0517 Last EDR Contact: 07/28/2017 Next Scheduled EDR Contact: 11/08/2017 Data Release Frequency: Varies RADINFO: Radiation Information Database The Radiation Information Database (RADINFO) contains information about facilities that are regulated by U.S. Environmental Protection Agency (EPA) regulations for radiation and radioactivity. Date of Government Version: 01/04/2017 Date Data Arrived at EDR: 01/06/2017 Date Made Active in Reports: 02/10/2017 Number of Days to Update: 35 Source: Environmental Protection Agency Telephone: 202-343-9775 Last EDR Contact: 07/12/2017 Next Scheduled EDR Contact: 10/16/2017 Data Release Frequency: Quarterly HIST FTTS: FIFRA/TSCA Tracking System Administrative Case Listing A complete administrative case listing from the FIFRA/TSCA Tracking System (FTTS) for all ten EPA regions. The information was obtained from the National Compliance Database (NCDB). NCDB supports the implementation of FI FRA (Federal Insecticide, Fungicide, and Rodenticide Act) and TSCA (Toxic Substances Control Act). Some EPA regions are now closing out records. Because of that, and the fact that some EPA regions are not providing EPA Headquarters with updated records, it was decided to create a HIST FTTS database. It included records that may not be included in the newer FTTS database updates. This database is no longer updated. Date of Government Version: 10/19/2006 Date Data Arrived at EDR: 03/01/2007 Date Made Active in Reports: 04/10/2007 Number of Days to Update: 40 Source: Environmental Protection Agency Telephone: 202-564-2501 Last EDR Contact: 12/17/2007 Next Scheduled EDR Contact: 03/17/2008 Data Release Frequency: No Update Planned HIST FTTS INSP: FIFRA/TSCA Tracking System Inspection & Enforcement Case Listing A complete inspection and enforcement case listing from the FIFRA/TSCA Tracking System (FTTS) for all ten EPA regions. The information was obtained from the National Compliance Database (NCDB). NCDB supports the implementation of FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) and TSCA (Toxic Substances Control Act). Some EPA regions are now closing out records. Because of that, and the fact that some EPA regions are not providing EPA Headquarters with updated records, it was decided to create a HIST FTTS database. It included records that may not be included in the newer FTTS database updates. This database is no longer updated. TC5050221.2s Page GR-17 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 10/19/2006 Date Data Arrived at EDR: 03/01/2007 Date Made Active in Reports: 04/10/2007 Number of Days to Update: 40 Source: Environmental Protection Agency Telephone: 202-564-2501 Last EDR Contact: 12/17/2008 Next Scheduled EDR Contact: 03/17/2008 Data Release Frequency: No Update Planned DOT OPS: Incident and Accident Data Department of Transporation, Office of Pipeline Safety Incident and Accident data. Date of Government Version: 07/31/2012 Source: Department of Transporation, Office of Pipeline Safety Date Data Arrived at EDR: 08/07/2012 Telephone: 202-366-4595 Date Made Active in Reports: 09/18/2012 Last EDR Contact: 08/01/2017 Number of Days to Update: 42 Next Scheduled EDR Contact: 11/13/2017 Data Release Frequency: Varies CONSENT: Superfund (CERCLA) Consent Decrees Major legal settlements that establish responsibility and standards for cleanup at NPL (Superfund) sites. Released periodically by United States District Courts after settlement by parties to litigation matters. Date of Government Version: 09/30/2016 Source: Department of Justice, Consent Decree Library Date Data Arrived at EDR: 11/18/2016 Telephone: Varies Date Made Active in Reports: 02/03/2017 Last EDR Contact: 06/21/2017 Number of Days to Update: 77 Next Scheduled EDR Contact: 10/09/2017 Data Release Frequency: Varies BRS: Biennial Reporting System The Biennial Reporting System is a national system administered by the EPA that collects data on the generation and management of hazardous waste. BRS captures detailed data from two groups: Large Quantity Generators (LQG) and Treatment, Storage, and Disposal Facilities. Date of Government Version: 12/31/2013 Date Data Arrived at EDR: 02/24/2015 Date Made Active in Reports: 09/30/2015 Number of Days to Update: 218 Source: EPA/NTIS Telephone: 800-424-9346 Last EDR Contact: 08/25/2017 Next Scheduled EDR Contact: 12/04/2017 Data Release Frequency: Biennially INDIAN RESERV: Indian Reservations This map layer portrays Indian administered lands of the United States that have any area equal to or greater than 640 acres. Date of Government Version: 12/31/2014 Date Data Arrived at EDR: 07/14/2015 Date Made Active in Reports: 01/10/2017 Number of Days to Update: 546 Source: USGS Telephone: 202-208-3710 Last EDR Contact: 07/11/2017 Next Scheduled EDR Contact: 10/23/2017 Data Release Frequency: Semi -Annually FUSRAP: Formerly Utilized Sites Remedial Action Program DOE established the Formerly Utilized Sites Remedial Action Program (FUSRAP) in 1974 to remediate sites where radioactive contamination remained from Manhattan Project and early U.S. Atomic Energy Commission (AEC) operations. Date of Government Version: 12/23/2016 Date Data Arrived at EDR: 12/27/2016 Date Made Active in Reports: 02/17/2017 Number of Days to Update: 52 Source: Department of Energy Telephone: 202-586-3559 Last EDR Contact: 08/03/2017 Next Scheduled EDR Contact: 11/20/2017 Data Release Frequency: Varies UMTRA: Uranium Mill Tailings Sites Uranium ore was mined by private companies for federal government use in national defense programs. When the mills shut down, large piles of the sand -like material (mill tailings) remain after uranium has been extracted from the ore. Levels of human exposure to radioactive materials from the piles are low; however, in some cases tailings were used as construction materials before the potential health hazards of the tailings were recognized. TC5050221.2s Page GR-18 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 09/14/2010 Date Data Arrived at EDR: 10/07/2011 Date Made Active in Reports: 03/01/2012 Number of Days to Update: 146 LEAD SMELTER 1: Lead Smelter Sites A listing of former lead smelter site locations. Date of Government Version: 12/05/2016 Date Data Arrived at EDR: 01/05/2017 Date Made Active in Reports: 02/10/2017 Number of Days to Update: 36 Source: Department of Energy Telephone: 505-845-0011 Last EDR Contact: 08/22/2017 Next Scheduled EDR Contact: 12/04/2017 Data Release Frequency: Varies Source: Environmental Protection Agency Telephone: 703-603-8787 Last EDR Contact: 07/07/2017 Next Scheduled EDR Contact: 10/16/2017 Data Release Frequency: Varies LEAD SMELTER 2: Lead Smelter Sites A list of several hundred sites in the U.S. where secondary lead smelting was done from 1931and 1964. These sites may pose a threat to public health through ingestion or inhalation of contaminated soil or dust Date of Government Version: 04/05/2001 Date Data Arrived at EDR: 10/27/2010 Date Made Active in Reports: 12/02/2010 Number of Days to Update: 36 Source: American Journal of Public Health Telephone: 703-305-6451 Last EDR Contact: 12/02/2009 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned US AIRS (AFS): Aerometric Information Retrieval System Facility Subsystem (AFS) The database is a sub -system of Aerometric Information Retrieval System (AIRS). AFS contains compliance data on air pollution point sources regulated by the U.S. EPA and/or state and local air regulatory agencies. This information comes from source reports by various stationary sources of air pollution, such as electric power plants, steel mills, factories, and universities, and provides information about the air pollutants they produce. Action, air program, air program pollutant, and general level plant data. It is used to track emissions and compliance data from industrial plants. Date of Government Version: 10/12/2016 Date Data Arrived at EDR: 10/26/2016 Date Made Active in Reports: 02/03/2017 Number of Days to Update: 100 US AIRS MINOR: Air Facility System Data A listing of minor source facilities. Date of Government Version: 10/12/2016 Date Data Arrived at EDR: 10/26/2016 Date Made Active in Reports: 02/03/2017 Number of Days to Update: 100 Source: EPA Telephone: 202-564-2496 Last EDR Contact: 08/11/2017 Next Scheduled EDR Contact: 10/09/2017 Data Release Frequency: Annually Source: EPA Telephone: 202-564-2496 Last EDR Contact: 08/11/2017 Next Scheduled EDR Contact: 10/09/2017 Data Release Frequency: Annually US MINES: Mines Master Index File Contains all mine identification numbers issued for mines active or opened since 1971. The data also includes violation information. Date of Government Version: 02/08/2017 Source: Department of Labor, Mine Safety and Health Administration Date Data Arrived at EDR: 02/28/2017 Telephone: 303-231-5959 Date Made Active in Reports: 04/07/2017 Last EDR Contact: 08/30/2017 Number of Days to Update: 38 Next Scheduled EDR Contact: 12/11/2017 Data Release Frequency: Semi -Annually US MINES 2: Ferrous and Nonferrous Metal Mines Database Listing This map layer includes ferrous (ferrous metal mines are facilities that extract ferrous metals, such as iron ore or molybdenum) and nonferrous (Nonferrous metal mines are facilities that extract nonferrous metals, such as gold, silver, copper, zinc, and lead) metal mines in the United States. TC5050221.2s Page GR-19 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 12/05/2005 Date Data Arrived at EDR: 02/29/2008 Date Made Active in Reports: 04/18/2008 Number of Days to Update: 49 Source: USGS Telephone: 703-648-7709 Last EDR Contact: 09/01/2017 Next Scheduled EDR Contact: 12/11/2017 Data Release Frequency: Varies US MINES 3: Active Mines & Mineral Plants Database Listing Active Mines and Mineral Processing Plant operations for commodities monitored by the Minerals Information Team of the USGS. Date of Government Version: 04/14/2011 Date Data Arrived at EDR: 06/08/2011 Date Made Active in Reports: 09/13/2011 Number of Days to Update: 97 Source: USGS Telephone: 703-648-7709 Last EDR Contact: 09/01/2017 Next Scheduled EDR Contact: 12/11/2017 Data Release Frequency: Varies ABANDONED MINES: Abandoned Mines An inventory of land and water impacted by past mining (primarily coal mining) is maintained by OSMRE to provide information needed to implement the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The inventory contains information on the location, type, and extent of AML impacts, as well as, information on the cost associated with the reclamation of those problems. The inventory is based upon field surveys by State, Tribal, and OSMRE program officials. It is dynamic to the extent that it is modified as new problems are identified and existing problems are reclaimed. Date of Government Version: 03/14/2017 Date Data Arrived at EDR: 03/17/2017 Date Made Active in Reports: 04/07/2017 Number of Days to Update: 21 Source: Department of Interior Telephone: 202-208-2609 Last EDR Contact: 09/07/2017 Next Scheduled EDR Contact: 12/25/2017 Data Release Frequency: Quarterly FINDS: Facility Index System/Facility Registry System Facility Index System. FINDS contains both facility information and 'pointers' to other sources that contain more detail. EDR includes the following FINDS databases in this report: PCS (Permit Compliance System), AIRS (Aerometric Information Retrieval System), DOCKET (Enforcement Docket used to manage and track information on civil judicial enforcement cases for all environmental statutes), FURS (Federal Underground Injection Control), C-DOCKET (Criminal Docket System used to track criminal enforcement actions for all environmental statutes), FFIS (Federal Facilities Information System), STATE (State Environmental Laws and Statutes), and PADS (PCB Activity Data System). Date of Government Version: 04/04/2017 Date Data Arrived at EDR: 04/07/2017 Date Made Active in Reports: 05/12/2017 Number of Days to Update: 35 Source: EPA Telephone: (404) 562-9900 Last EDR Contact: 09/06/2017 Next Scheduled EDR Contact: 12/18/2017 Data Release Frequency: Quarterly DOCKET HWC: Hazardous Waste Compliance Docket Listing A complete list of the Federal Agency Hazardous Waste Compliance Docket Facilities. Date of Government Version: 06/02/2016 Date Data Arrived at EDR: 06/03/2016 Date Made Active in Reports: 09/02/2016 Number of Days to Update: 91 UXO: Unexploded Ordnance Sites A listing of unexploded ordnance site locations Date of Government Version: 10/25/2015 Date Data Arrived at EDR: 01/29/2016 Date Made Active in Reports: 04/05/2016 Number of Days to Update: 67 Source: Environmental Protection Agency Telephone: 202-564-0527 Last EDR Contact: 08/24/2017 Next Scheduled EDR Contact: 12/11/2017 Data Release Frequency: Varies Source: Department of Defense Telephone: 571-373-0407 Last EDR Contact: 07/17/2017 Next Scheduled EDR Contact: 10/30/2017 Data Release Frequency: Varies TC5050221.2s Page GR-20 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING ECHO: Enforcement & Compliance History Information ECHO provides integrated compliance and enforcement information for about 800,000 regulated facilities nationwide. Date of Government Version: 03/19/2017 Date Data Arrived at EDR: 03/21/2017 Date Made Active in Reports: 05/12/2017 Number of Days to Update: 52 Source: Environmental Protection Agency Telephone: 202-564-2280 Last EDR Contact: 09/06/2017 Next Scheduled EDR Contact: 12/18/2017 Data Release Frequency: Quarterly FUELS PROGRAM: EPA Fuels Program Registered Listing This listing includes facilities that are registered under the Part 80 (Code of Federal Regulations) EPA Fuels Programs. All companies now are required to submit new and updated registrations. Date of Government Version: 02/22/2017 Date Data Arrived at EDR: 02/22/2017 Date Made Active in Reports: 05/12/2017 Number of Days to Update: 79 Source: EPA Telephone: 800-385-6164 Last EDR Contact: 08/17/2017 Next Scheduled EDR Contact: 12/04/2017 Data Release Frequency: Quarterly COAL ASH: Coal Ash Disposal Sites A listing of coal combustion products distribution permits issued by the Division for the treatment, storage, transportation, use and disposal of coal combustion products. Date of Government Version: 12/14/2015 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 02/23/2016 Telephone: 919-807-6359 Date Made Active in Reports: 05/18/2016 Last EDR Contact: 07/31/2017 Number of Days to Update: 85 Next Scheduled EDR Contact: 11/13/2017 Data Release Frequency: Varies DRYCLEANERS: Drycleaning Sites Potential and known drycleaning sites, active and abandoned, that the Drycleaning Solvent Cleanup Program has knowledge of and entered into this database. Date of Government Version: 04/04/2017 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 06/20/2017 Telephone: 919-508-8400 Date Made Active in Reports: 08/10/2017 Last EDR Contact: 06/20/2017 Number of Days to Update: 51 Next Scheduled EDR Contact: 10/02/2017 Data Release Frequency: Varies Financial Assurance 1: Financial Assurance Information Listing A listing of financial assurance information for underground storage tank facilities. Financial assurance is intended to ensure that resources are available to pay for the cost of closure, post -closure care, and corrective measures if the owner or operator of a regulated facility is unable or unwilling to pay. Date of Government Version: 09/30/2016 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 11/09/2016 Telephone: 919-733-1322 Date Made Active in Reports: 03/06/2017 Last EDR Contact: 08/10/2017 Number of Days to Update: 117 Next Scheduled EDR Contact: 11/20/2017 Data Release Frequency: Quarterly Financial Assurance 2: Financial Assurance Information Listing Information for solid waste facilities. Financial assurance is intended to ensure that resources are available to pay for the cost of closure, post -closure care, and corrective measures if the owner or operator of a regulated facility is unable or unwilling to pay. Date of Government Version: 10/02/2012 Source: Department of Environmental & Natural Resources Date Data Arrived at EDR: 10/03/2012 Telephone: 919-508-8496 Date Made Active in Reports: 10/26/2012 Last EDR Contact: 06/23/2017 Number of Days to Update: 23 Next Scheduled EDR Contact: 10/09/2017 Data Release Frequency: Varies TC5050221.2s Page GR-21 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Financial Assurance 3: Financial Assurance Information Hazardous waste financial assurance information. Date of Government Version: 09/14/2016 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 09/16/2016 Telephone: 919-707-8222 Date Made Active in Reports: 10/05/2016 Last EDR Contact: 09/08/2017 Number of Days to Update: 19 Next Scheduled EDR Contact: 12/25/2017 Data Release Frequency: Varies NPDES: NPDES Facility Location Listing General information regarding NPDES(National Pollutant Discharge Elimination System) permits. Date of Government Version: 02/17/2016 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 02/19/2016 Telephone: 919-733-7015 Date Made Active in Reports: 05/03/2016 Last EDR Contact: 08/03/2017 Number of Days to Update: 74 Next Scheduled EDR Contact: 11/13/2017 Data Release Frequency: Varies UIC: Underground Injection Wells Listing A listing of uncerground injection wells locations. Date of Government Version: 12/07/2016 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 12/09/2016 Telephone: 919-807-6412 Date Made Active in Reports: 03/08/2017 Last EDR Contact: 08/31/2017 Number of Days to Update: 89 Next Scheduled EDR Contact: 12/18/2017 Data Release Frequency: Varies EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP: EDR Proprietary Manufactured Gas Plants The EDR Proprietary Manufactured Gas Plant Database includes records of coal gas plants (manufactured gas plants) compiled by EDR's researchers. Manufactured gas sites were used in the United States from the 1800's to 1950's to produce a gas that could be distributed and used as fuel. These plants used whale oil, rosin, coal, or a mixture of coal, oil, and water that also produced a significant amount of waste. Many of the byproducts of the gas production, such as coal tar (oily waste containing volatile and non-volatile chemicals), sludges, oils and other compounds are potentially hazardous to human health and the environment. The byproduct from this process was frequently disposed of directly at the plant site and can remain or spread slowly, serving as a continuous source of soil and groundwater contamination. Date of Government Version: N/A Source: EDR, Inc. Date Data Arrived at EDR: N/A Telephone: N/A Date Made Active in Reports: N/A Last EDR Contact: N/A Number of Days to Update: N/A Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned EDR Hist Auto: EDR Exclusive Historic Gas Stations EDR has searched selected national collections of business directories and has collected listings of potential gas station/filling station/service station sites that were available to EDR researchers. EDR's review was limited to those categories of sources that might, in EDR's opinion, include gas station/filling station/service station establishments. The categories reviewed included, but were not limited to gas, gas station, gasoline station, filling station, auto, automobile repair, auto service station, service station, etc. This database falls within a category of information EDR classifies as "High Risk Historical Records", or HRHR. EDR's HRHR effort presents unique and sometimes proprietary data about past sites and operations that typically create environmental concerns, but may not show up in current government records searches. Date of Government Version: N/A Date Data Arrived at EDR: N/A Date Made Active in Reports: N/A Number of Days to Update: N/A Source: EDR, Inc. Telephone: N/A Last EDR Contact: N/A Next Scheduled EDR Contact: N/A Data Release Frequency: Varies TC5050221.2s Page GR-22 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING EDR Hist Cleaner: EDR Exclusive Historic Dry Cleaners EDR has searched selected national collections of business directories and has collected listings of potential dry cleaner sites that were available to EDR researchers. EDR's review was limited to those categories of sources that might, in EDR's opinion, include dry cleaning establishments. The categories reviewed included, but were not limited to dry cleaners, cleaners, laundry, laundromat, cleaning/laundry, wash & dry etc. This database falls within a category of information EDR classifies as "High Risk Historical Records", or HRHR. EDR's HRHR effort presents unique and sometimes proprietary data about past sites and operations that typically create environmental concerns, but may not show up in current government records searches. Date of Government Version: N/A Source: EDR, Inc. Date Data Arrived at EDR: N/A Telephone: N/A Date Made Active in Reports: N/A Last EDR Contact: N/A Number of Days to Update: N/A Next Scheduled EDR Contact: N/A Data Release Frequency: Varies EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA HWS: Recovered Government Archive State Hazardous Waste Facilities List The EDR Recovered Government Archive State Hazardous Waste database provides a list of SHWS incidents derived from historical databases and includes many records that no longer appear in current government lists. Compiled from Records formerly available from the Department of Environment, Health and Natural Resources in North Carolina. Date of Government Version: N/A Source: Department of Environment, Health and Natural Resources Date Data Arrived at EDR: 07/01/2013 Telephone: N/A Date Made Active in Reports: 12/24/2013 Last EDR Contact: 06/01/2012 Number of Days to Update: 176 Next Scheduled EDR Contact: N/A Data Release Frequency: Varies RGA LF: Recovered Government Archive Solid Waste Facilities List The EDR Recovered Government Archive Landfill database provides a list of landfills derived from historical databases and includes many records that no longer appear in current government lists. Compiled from Records formerly available from the Department of Environment, Health and Natural Resources in North Carolina. Date of Government Version: N/A Source: Department of Environment, Health and Natural Resources Date Data Arrived at EDR: 07/01/2013 Telephone: N/A Date Made Active in Reports: 01/13/2014 Last EDR Contact: 06/01/2012 Number of Days to Update: 196 Next Scheduled EDR Contact: N/A Data Release Frequency: Varies RGA LUST: Recovered Government Archive Leaking Underground Storage Tank The EDR Recovered Government Archive Leaking Underground Storage Tank database provides a list of LUST incidents derived from historical databases and includes many records that no longer appear in current government lists. Compiled from Records formerly available from the Department of Environment, Health and Natural Resources in North Carolina. Date of Government Version: N/A Source: Department of Environment, Health and Natural Resources Date Data Arrived at EDR: 07/01/2013 Telephone: N/A Date Made Active in Reports: 12/20/2013 Last EDR Contact: 06/01/2012 Number of Days to Update: 172 Next Scheduled EDR Contact: N/A Data Release Frequency: Varies OTHER DATABASE(S) Depending on the geographic area covered by this report, the data provided in these specialty databases may or may not be complete. For example, the existence of wetlands information data in a specific report does not mean that all wetlands in the area covered by the report are included. Moreover, the absence of any reported wetlands information does not necessarily mean that wetlands do not exist in the area covered by the report. TC5050221.2s Page GR-23 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING CT MANIFEST: Hazardous Waste Manifest Data Facility and manifest data. Manifest is a document that lists and tracks hazardous waste from the generator through transporters to a tsd facility. Date of Government Version: 07/30/2013 Source: Department of Energy & Environmental Protection Date Data Arrived at EDR: 08/19/2013 Telephone: 860-424-3375 Date Made Active in Reports: 10/03/2013 Last EDR Contact: 08/18/2017 Number of Days to Update: 45 Next Scheduled EDR Contact: 11/27/2017 Data Release Frequency: No Update Planned NJ MANIFEST: Manifest Information Hazardous waste manifest information. Date of Government Version: 12/31/2016 Source: Department of Environmental Protection Date Data Arrived at EDR: 04/11/2017 Telephone: N/A Date Made Active in Reports: 07/27/2017 Last EDR Contact: 07/10/2017 Number of Days to Update: 107 Next Scheduled EDR Contact: 10/23/2017 Data Release Frequency: Annually NY MANIFEST: Facility and Manifest Data Manifest is a document that lists and tracks hazardous waste from the generator through transporters to a TSD facility. Date of Government Version: 01/30/2017 Source: Department of Environmental Conservation Date Data Arrived at EDR: 02/01/2017 Telephone: 518-402-8651 Date Made Active in Reports: 02/13/2017 Last EDR Contact: 08/03/2017 Number of Days to Update: 12 Next Scheduled EDR Contact: 11/13/2017 Data Release Frequency: Annually PA MANIFEST: Manifest Information Hazardous waste manifest information. Date of Government Version: 12/31/2015 Source: Department of Environmental Protection Date Data Arrived at EDR: 07/22/2016 Telephone: 717-783-8990 Date Made Active in Reports: 11/22/2016 Last EDR Contact: 07/17/2017 Number of Days to Update: 123 Next Scheduled EDR Contact: 10/30/2017 Data Release Frequency: Annually RI MANIFEST: Manifest information Hazardous waste manifest information Date of Government Version: 12/31/2013 Source: Department of Environmental Management Date Data Arrived at EDR: 06/19/2015 Telephone: 401-222-2797 Date Made Active in Reports: 07/15/2015 Last EDR Contact: 08/21/2017 Number of Days to Update: 26 Next Scheduled EDR Contact: 12/04/2017 Data Release Frequency: Annually WI MANIFEST: Manifest Information Hazardous waste manifest information. Date of Government Version: 12/31/2016 Date Data Arrived at EDR: 04/13/2017 Date Made Active in Reports: 07/14/2017 Number of Days to Update: 92 Source: Department of Natural Resources Telephone: N/A Last EDR Contact: 09/11/2017 Next Scheduled EDR Contact: 12/25/2017 Data Release Frequency: Annually Oil/Gas Pipelines Source: PennWell Corporation Petroleum Bundle (Crude Oil, Refined Products, Petrochemicals, Gas Liquids (LPG/NGL), and Specialty Gases (Miscellaneous)) N = Natural Gas Bundle (Natural Gas, Gas Liquids (LPG/NGL), and Specialty Gases (Miscellaneous)). This map includes information copyrighted by PennWell Corporation. This information is provided on a best effort basis and PennWell Corporation does not guarantee its accuracy nor warrant its fitness for any particular purpose. Such information has been reprinted with the permission of PennWell. Electric Power Transmission Line Data Source: PennWell Corporation This map includes information copyrighted by PennWell Corporation. This information is provided on a best effort basis and PennWell Corporation does not guarantee its accuracy nor warrant its fitness for any particular purpose. Such information has been reprinted with the permission of PennWell. TC5050221.2s Page GR-24 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Sensitive Receptors: There are individuals deemed sensitive receptors due to their fragile immune systems and special sensitivity to environmental discharges. These sensitive receptors typically include the elderly, the sick, and children. While the location of all sensitive receptors cannot be determined, EDR indicates those buildings and facilities - schools, daycares, hospitals, medical centers, and nursing homes - where individuals who are sensitive receptors are likely to be located. AHA Hospitals: Source: American Hospital Association, Inc. Telephone: 312-280-5991 The database includes a listing of hospitals based on the American Hospital Association's annual survey of hospitals. Medical Centers: Provider of Services Listing Source: Centers for Medicare & Medicaid Services Telephone: 410-786-3000 A listing of hospitals with Medicare provider number, produced by Centers of Medicare & Medicaid Services, a federal agency within the U.S. Department of Health and Human Services. Nursing Homes Source: National Institutes of Health Telephone: 301-594-6248 Information on Medicare and Medicaid certified nursing homes in the United States. Public Schools Source: National Center for Education Statistics Telephone: 202-502-7300 The National Center for Education Statistics' primary database on elementary and secondary public education in the United States. It is a comprehensive, annual, national statistical database of all public elementary and secondary schools and school districts, which contains data that are comparable across all states. Private Schools Source: National Center for Education Statistics Telephone: 202-502-7300 The National Center for Education Statistics' primary database on private school locations in the United States. Daycare Centers: Child Care Facility List Source: Department of Health & Human Services Telephone: 919-662-4499 Flood Zone Data: This data was obtained from the Federal Emergency Management Agency (FEMA). It depicts 100-year and 500-year flood zones as defined by FEMA. It includes the National Flood Hazard Layer (NFHL) which incorporates Flood Insurance Rate Map (FIRM) data and Q3 data from FEMA in areas not covered by NFHL. Source: FEMA Telephone: 877-336-2627 Date of Government Version: 2003, 2015 NWI: National Wetlands Inventory. This data, available in select counties across the country, was obtained by EDR in 2002, 2005 and 2010 from the U.S. Fish and Wildlife Service. State Wetlands Data: Wetland Inventory Source: US Fish & Wildlife Service Telephone: 703-358-2171 Current USGS 7.5 Minute Topographic Map Source: U.S. Geological Survey TC5050221.2s Page GR-25 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING STREET AND ADDRESS INFORMATION © 2015 TomTom North America, Inc. All rights reserved. This material is proprietary and the subject of copyright protection and other intellectual property rights owned by or licensed to Tele Atlas North America, Inc. The use of this material is subject to the terms of a license agreement. You will be held liable for any unauthorized copying or disclosure of this material. TC5050221.2s Page GR-26 Suggs, Kristi From: Charles Turney <charles.slatesand@yahoo.com> Sent: Tuesday, October 03, 2017 1:18 PM To: Suggs, Kristi Subject: Re: Slate Sand Company, Inc. - Location Verification for Sand Mine in Surry County, NC Follow Up Flag: Follow up Flag Status: Flagged We have never done any mining in Ararat, N.C. You can not mine a creek with a dredge and pipe line. Please to not contact us over this again. Thank You, Charles Turney VP Slate Sand Inc. Office:336-325-2182 Cell:336-374-0769 On Monday, October 2, 2017 2:07 PM, "Suggs, Kristi" <KSuggs@mbakerintl.com> wrote: Dear Mr. Turney, Last week I spoke with Beverly Largen, an employee at Slate Sand Company, Inc., in regards to a land use data search that I had conducted on properties located within 1-mile of a current stream restoration project on Whittier Creek, located off Rockhill Church Road in Surry County, NC. Results from that data search listed the geographic coordinates (36.378889N,-80.599444W) of Slate Sand Company, Inc. within one of the project parcels. Because these results did not concur with previous discussions of from the current property owner nor coincide with historical aerial reviews, Baker decided to contact Slate Sand Company and verify if the geographic coordinates from land use data search were accurate. Upon discussion with Beverly Largen on 9/25/17, on your behalf, she stated that Slate Sand Company, Inc. does not currently, nor in the past, has owned or operated the company off Rockhill Church Road (36.378889N,-80.599444W) in Surry County, NC. In order for me document this conversation, I am requesting an email reply from you to verify whether or not I have correctly recorded the results from that conversation. Please confirm/or refute. Thank you very much for your assistance! Sincerely, Kristi Suggs Kristi Suggs I Environmental Specialist II 1 Michael Baker Engineering, Inc. a Michael Baker International Company 9716-B Rea Road #56 Charlotte NC 28277 [O] 704-665-2206 [C] 704-579-4828 ksuggs(a�mbakerintl.com I www.mbakerintl.com North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Banos, Administrator Governor Roy Cooper secretary Susi H. Hamilton August 23, 2017 Office of Archives and History Deputy secretary Kevin Cherry Kimberly Browning Kimberly.d.browning@usace.army.mil U.S. Army Corps of Engineers Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Re: Whittier Creek Mitigation Site, Surry County, ER 17-1506 Dear Ms. Browning: Thank you for your letter of August 9, 2017, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or renee. leg dhill- earley@ncdcr.ga-v_. In all future communication concerning this project, please cite the above -referenced tracking number. Sincerely, QLlu&-" �r mona M. Banos Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 flail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/867-6599 OPTION TO PURCHASE CONSERVATION EASEMENT THIS OPTION TO PURCHASE CONSERVATION EASEMENT (the "Option") is made and entered into this ixfl day of Dzc c.✓ cr iem Ag (the "Effective Date"), by and among (the "Grantor"), and M CHAEL BAKER ENGINEERING, INC., a corporation org nixed in the State of New York with offices at 797 Haywood Rd., Suite 201, Asheville, North Carolina 28806 (`Baker"). WITNESSETH: WHEREAS, Grantor is the owner of that certain real property located in Surry County, North Carolina, containing 22.1 Z acres (PIN Sq9 6 - oo — yo -1 * V_�)> more or less, as more particularly described on Exhibit A attached hereto and incorporated herein by reference, together with the improvements thereon and all appurtenances thereto belonging and appertaining, and all creeks, streams, rights -of -way, roads, streets and ways bounding said real property (collectively the "Property"); and WHEREAS, Grantor has agreed to convey to Baker, an exclusive right and option to acquire a conservation easement, as more particularly described on the attached Exhibit B (the "Easement"), over the Property in accordance with the terms of this Option; and WHEREAS, Baker is interested in acquiring the Easement in order to develop and construct a full delivery wetland, stream, and/or buffer restoration project over the lands covered by the Easement (the "Work") in conjunction with requests for proposals issued under the Division of Mitigation Services (formerly the Ecosystem Enhancement Program and Wetlands Restoration Program) within the North Carolina Department of Environmental Quality ("DEQ") and Baker has agreed to undertake such Work with respect to the Easement in accordance with the scope of work set forth in Exhibit C, attached hereto; and WHEREAS, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Baker hereby notifies Grantor that: (i) Baker believes the fair market value of the Easement is the Purchase Price, pursuant to Paragraph 4(a), together with the value of the environmental improvements to be made to the Easement by Baker in performing the Work on the Easement; and (ii) Baker does not possess the power of eminent domain; NOW THEREFORE, in consideration of the sum of (the "Signing Date Option Deposit") and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: l . Grant of Option. Grantor hereby grants unto Baker, its successors and assigns, which shall be limited to a third -party designated by Baker qualified to be the grantee of a conservation easement under N.C.G.S. § 121-35(2), the exclusive right and option to purchase the Easement in accordance with and subject to the terms and conditions set forth in this Option. 2. Term. The term of this Option shall commence on the Effective Date and shall expire TWENTY-FOUR (24) months after the Effective Date (the "Term"), unless extended by the parties, in writing. A Memorandum of Option to Purchase Easement in the form attached as Exhibit D shall be executed by both parties simultaneously with this Option and recorded at Baker's sole discretion and expense in the county where the Property is located to provide record notice of this Option, in no event shall this Option be recorded or filed in the public records. 3. Exclusivity of Option. Grantor covenants and agrees that it will take no action to sell or transfer the Easement during the Term, and that Grantor will not encumber the Property in a manner that would impair the intended use of the Easement hereunder, it being intended and agreed that the Option is exclusive to Baker and Baker's successors and assigns. 4. Exercise, of Option. At any time prior to the expiration of the Term, Baker may exercise this Option by giving Grantor no less than thirty (30) days prior written notice of the date Baker desires to consummate the purchase of the Easement under this Option (the "Closing"). Closing shall take place at a time and place reasonably acceptable to both parties. The terms of the purchase and sale of the Easement at Closing shall be as follows: 1. a. Purchase Price. The total Durchase Drice for the Easement shall be er acre (the "Purchase Price") included in the Easement as determined by the Survey prepared pursuant to Paragraph 4(b), below. The Option Deposit shall be credited towards the Purchase Price at Closing. 2. b. Survey. Prior to Closing, Baker shall obtain, at Baker's expense, a survey prepared by a registered land surveyor duly licensed in the State of North Carolina showing the boundary of the Easement as well as all easements, rights -of -way, encroachments and improvements located thereon, and the exact acreage of the Easement (the "Survey"), and that Baker shall have consulted with Grantor and taken in to account Grantor's concerns as to the exact delineation of boundaries of the Easement. Following consultation with Grantor and the completion of the Survey, a new legal description of the Easement shall be prepared from the Survey. The new legal description shall be substituted for the description currently attached hereto as Exhibit B, and all references contained herein to the "Easement" shall be deemed to refer to the new description prepared from the Survey. C. Prorations, Costs and Expenses of Closing. At Closing„ ad valorem taxes for the current year for the Easement area shall be prorated, and Grantor shall remain responsible for all other ad valorem taxes applicable to the remainder of the Property subsequent to Closing. At Closing, Grantor shall pay any outstanding ad valorem taxes for prior years on Grantor's real or personal property, any late list penalties, revenue stamps or transfer taxes applicable to the Easement, and any mortgages or liens with respect to the Property. At Closing, Baker shall pay any costs related to the Survey, any title examination expenses, title insurance premiums, recording costs for the deed conveying the Easement, costs of recordation of any recorded plats showing the Easement, as well as any engineering or site plan costs. Each party shall bear its own accounting and attorney fees. d. Closing Documents and Title. At Closing, Grantor shall deliver (i) a deed substantially in the form of the attached Exhibit E (the "Deed") conveying the Easement to Baker or to a legally qualified non-profit organization or government agency as contained in N.C.G.S. § 121-35(2) designated by Baker, provided, that the final form of the Deed shall be in form mutually acceptable to Baker and Grantor so long as such form is consistent with the provisions of Article 4, The Conservation and Historic Preservation Agreements Act as contained in N.C.G.S. §121-34 through 42. The Deed shall convey good, marketable and insurable title to the Easement, free and clear from all mortgages, liens, easements, covenants, restrictions and other encumbrances, except those previously 0 accepted by Baker in writing; (ii) lien affidavits warranting and holding harmless any title insurance company insuring title to the Easement, from and against unpaid mechanics and materialmen's liens; and (iv) any other documents and papers necessary or appropriate in connection with the consummation of the transaction contemplated by this Option. At Closing, Baker shall deliver (i) a Settlement Statement setting forth each party's costs, expenses, piorations and other financial analysis of the purchase and sale of the Easement as contemplated hereby; (ii) the Note as defined in item 4(e), below; and (iii) any other documents necessary to consummate the transaction contemplated by the Option. e. Payment. It is understood that funding for the purchase of the Easement shall be provided by the State of North Carolina pursuant to the Division of Mitigation Services of DEQ and that such funding is made subsequent to recording of the Easement and subsequent to Closing. Therefore, at Closing, Baker shall deliver to Grantor a promissory note in the amount of the Purchase Price, less the Option Deposit and closing costs, mortgage pay-offs, expenses, and prorations applicable to Grantor, which promissory note shall bear interest at Zero Percent (0%) per annum on the unpaid balance until paid or until default and which promissory note shall be due and payable in full on the date ninety (90) days after the Closing (the "Note"). At the time of Closing, Baker shall record the Deed and any plat referenced in the Deed and deliver copies of the recorded documents to the State Property Office for review and funding. The Note shall contain an express provision that if the DEQ fails to fund the purchase of the Easement in the amount of the Purchase Price thereby causing Baker to fail to pay the Note in full on or before the maturity date, then Baker, as Grantor's sole remedy, shall be liable to Grantor for all reasonable costs and expenses, including reasonable attorney fees, required to have the Easement removed and the title to the Property returned to the condition it was prior to the imposition of the Easement, at which point the Note, this Option, and all duties, responsibilities and liabilities with respect thereto shall be null and void. Otherwise, Baker shall pay the Note in full upon receipt of funding by the State of North Carolina. f. Condition of Property, Intended Use. Prior to Closing, Grantor shall remove all rubbish and trash, including any hazardous waste or harmful chemical substances, from the Easement but shall otherwise keep the Property in the same condition as of the Effective Date, reasonable wear and tear excepted. Grantor shall prevent and refrain from any use of the Property for any purpose or in any manner that would diminish the value of the Easement or adversely affect Baker's intended use of the land for the Easement, which use is to provide the Division of Mitigation Services within DEQ with wetland, stream, and/or buffer mitigation credits. Grantor acknowledges that Baker will enter into an agreement with DEQ to provide these credits, and Grantor agrees not to undertake or permit any activities on the Property that would diminish Baker's ability to obtain such credits. If any adverse change occurs in the condition of the Easement prior to Closing, whether such change is caused by Grantor or by forces beyond Grantor's reasonable control, Baker may elect to (i) refuse to accept the Easement at Closing; (ii) accept the Property at Closing, or a portion thereof with a corresponding adjustment of the Purchase Price; or (iii) terminate this Option and the transaction itself and declare this Option null and void. g. Warranty of Title. Grantor covenants, represents and warrants that, as of the Effective Date and Closing: (i) Grantor is the sole owner(s) of the Property and is seized of the Property in fee simple absolute; (ii) Grantor has the right and authority to convey this Option and the Easement and Grantor will hold the grantee of the Easement harmless from any failure in Grantor's right and authority to convey the Easement, including issues 3 of title; (iii) there is legal access to the Property and to the Easement; (iv) the Easement is free from any and all encumbrances, except those accepted by Baker in writing; (v) Grantor will defend title to the Easement against all lawful claims of other parties; (vi) that the Property is free of any hazardous wastes. 5. Right of Entry and Inspections. Baker, and its agents and employees or other authorized representatives, may enter upon the Property during the Term for the purpose of making surveys, conducting soil, engineering, geological and other subsoil or environmental tests to determine the suitability of the Property for the Easement. Baker shall repair or pay for any damage done to the Property caused while such tests are being made. Baker shall advise Grantor at least twenty-four hours in advance of any entry upon the Property for the purposes of surveying, testing or inspecting as set forth herein. Baker shall be permitted during the Term to obtain land use permits or other approvals relating to any part of the Easement, and Grantor agrees to execute such documents, petitions, and authorizations as may be appropriate or required in order to obtain such land use permits and approvals. Grantor shall join with Baker in applications and any non judicial or non -administrative proceedings to obtain such approvals if necessary. After Closing, Baker reserves the right to perform periodic inspections of the Easement to ensure compliance with easement restrictions contained in the Deed. If Baker does not duly exercise this Option and purchase the Easement, Baker shall return the Property to the condition in which it existed prior to any investigations undertaken by Baker, its agents, employees or contractors pursuant to this Option. 6. Permanent Access and Construction Easements. In connection with this Option and delivery of the Easement, Grantor shall also: (a) convey and grant to Baker, its successors, assigns, contractors and agents, a non-exclusive temporary construction easement, the location of which shall be determined in the sole discretion of Grantor, for ingress, egress and regress on, over and upon Grantor's Property, sufficient to allow Baker, its agents and contractors to construct and restore the Easement area to stream and/or wetland conditions required by DEQ, said temporary construction easement to include sufficient access to allow heavy equipment to access the Property and the Easement, as necessary; and (b) convey and grant to Baker, its successors and assigns, a non-exclusive permanent easement for ingress and egress to the Easement, the location of which shall be determined in the sole discretion of Grantor, in order that Baker, its successors and assigns, may have a permanent means of adequately accessing the area covered by the Easement. The permanent access easement referred to herein shall be set forth in an accurate survey, the legal description of which shall be included in a recorded permanent access easement which shall run with the land. 7. Indemnification. Baker agrees to indemnify and save harmless Grantor from and against any loss, claim, damage, cost or expense (including reasonable attorney's fees) suffered or incurred by Grantor by reason of any injury to person or damage to property on or about the Property to the extent caused by Baker, its officers, employees, agents, invitees, contractors, or subcontractors entering or conducting work upon the Property, except for any loss, claim, damage, cost or expense suffered or incurred as a result of the negligence or intentional misconduct of Grantor or Grantor's employees, agents or invitees. 8. Notices. Unless otherwise set forth, any notice or other communication required or permitted hereunder shall be in writing and (a) delivered by overnight courier; (b) sent by facsimile transmission, or (c) mailed by Registered or Certified Mail, postage prepaid, addressed as follows (or to such other address for a party as shall be specified by like notice; provided that notice of change of address shall be effective only upon receipt thereof); 4 If to Baker: Jake Byers Michael Baker Engineering 797 Haywood Rd. Suite 201 Asheville, NC 28806 If to the Grantor: A nje-1 t (,X f 70e 7 9. Miscellaneous. a. This Option, together with the exhibits attached hereto which are incorporated herein by reference, contains the entire understanding of the parties hereto with respect to the subject matter contained herein. No amendment, modification, or discharge of this Option, and no waiver hereunder, shall be valid or binding unless set forth in writing and duly executed by the parties hereto. b. Any provision of this Option that shall be found to be contrary to applicable law or otherwise unenforceable shall not affect the remaining terms of this Option, which shall be construed as if the unenforceable provision or clause were absent from this Option. G. This Option shall be binding upon and inure to the benefit of the parties and their respective heirs, personal representatives, successors, and assigns. d. This Option shall be governed by and construed in accordance with the laws of the State of North Carolina without application of its conflicts of laws provisions. e. No act or failure to act by either party shall be deemed a waiver of its rights hereunder, and no waiver in any one circumstance or of any one provision shall be deemed a waiver in other circumstances or of other provisions. f. Grantor agrees to not mow or otherwise damage vegetation within Easement area after Baker plants or replants the same. If Grantor or Grantor's agents or invitees damage vegetation within the Easement, Grantor will replace the lost or damaged vegetation at their expense. g. Baker shall ensure that access to portions of the Grantor's property shall not be impeded by the proposed. j. This Option shall not be assignable by Baker, except to another entity acquiring at least fifty-one percent (51%) interest in Baker or Baker's business or to an entity qualified to be the grantee of a conservation easement under N.C.G.S § 121-35 h. &,/�Lr Shari 0) �,rcl V,­,tej►t— d—e--)ze__<1 5 IN WITNESS WHEREOF, the parties have duly executed this Option as of the date first above written. GRANTOR: By:�L-0 Z Print Name: ANG E& A 1). 'etz Title: GRANTOR: By: Print Name: MICHAEL B ENGINEERING, INC.: By: Pr' t Name: Title: �C OPTION TO PURCHASE CONSERVATION EASEMENT THIS OPTION TO PURCHASE CONSERVATION EASEMENT (the "Option") is made and entered into this day of (the "Effective Date"), by and among _Elmer E Holcomb, Wilma F. Holcomb, Charles Dean Holcomb, and Michael Gene Holcomb (the "Grantor"), and MICHAEL BAKER ENGINEERING, INC., a corporation organized in the State of New York with offices at 797 Haywood Rd., Suite 201, Asheville, North Carolina 28806 ("Baker"). WITNESSETH: WHEREAS, Grantor is the owner of that certain real property located in Surry County, North Carolina, containing 24.44 acres (PIN 5926-00-80-4164), more or less, as more particularly described on Exhibit A attached hereto and incorporated herein by reference, together with the improvements thereon and all appurtenances thereto belonging and appertaining, and all creeks, streams, rights -of -way, roads, streets and ways bounding said real property (collectively the "Property"); and WHEREAS, Grantor has agreed to convey to Baker, an exclusive right and option to acquire a conservation easement, as more particularly described on the attached Exhibit B (the "Easement"), over the Property in accordance with the terms of this Option; and WHEREAS, Baker is interested in acquiring the Easement in order to develop and construct a full delivery wetland, stream, and/or buffer restoration project over the lands covered by the Easement (the "Work") in conjunction with requests for proposals issued under the Division of Mitigation Services (formerly the Ecosystem Enhancement Program and Wetlands Restoration Program) within the North Carolina Department of Environmental Quality ("DEQ") and Balser has agreed to undertake such Work with respect to the Easement in accordance with the scope of work set forth in Exhibit C, attached hereto; and WHEREAS, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Baker hereby notifies Grantor that: (i) Baker believes the fair market value of the Easement is the Purchase Price, pursuant to Paragraph 4(a), together with the value of the environmental improvements to be made to the Easement by Baker in performing the Work on the Easement; and (ii) Baker does not possess the power of eminent domain; NOW THEREFORE, in consideration of the sum of (the "Signing Date Option Deposit") and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Grant of Option. Grantor hereby grants unto Baker, its successors and assigns, which shall be limited to a third -party designated by Baker qualified to be the grantee of a conservation easement under N.C.G.S. §121-35(2), the exclusive right and option to purchase the Easement in accordance with and subject to the terms and conditions set forth in this Option. 2. Term. The term of this Option shall commence on the Effective Date and shall expire TWENTY-FOUR (24) months after the Effective Date (the "Term"), unless extended by the parties, in writing. A Memorandum of Option to Purchase Easement in the form attached as Exhibit D shall be executed by both parties simultaneously with this Option and recorded at Baker's sole discretion and expense in the county where the Property is located to provide record notice of this Option. In no event shall this Option be recorded or filed in the public records. 3. Exclusivity of Option. Grantor covenants and agrees that it will take no action to sell or transfer the Easement during the Term, and that Grantor will not encumber the Property in a manner that would impair the intended use of the Easement hereunder, it being intended and agreed that the Option is exclusive to Baker and Baker's successors and assigns. 4. Exercise of Option. At any time prior to the expiration of the Term, Baker may exercise this Option by giving Grantor no less than thirty (30) days prior written notice of the date Baiter desires to consummate the purchase of the Easement under this Option (the "Closing"). Closing shall take place at a time and place reasonably acceptable to both parties. The terms of the purchase and sale of the Easement at Closing shall be as follows: 1. a. Purchase Price. The total urchase price for the Easement shall be per acre (the "Purchase Price") included in the Easement as determined by the Survey prepared pursuant to Paragraph 4(b), below. The Option Deposit shall be credited towards the Purchase Price at CIosing. 2. b. Survey. Prior to Closing, Baker shall obtain, at Baker's expense, a survey prepared by a registered land surveyor duly licensed in the State of North Carolina showing the boundary of the Easement as well as all easements, rights -of -way, encroachments and improvements located thereon, and the exact acreage of the Easement (the "Survey"), and that Baker shall have consulted with Grantor and taken in to account Grantor's concerns as to the exact delineation of boundaries of the Easement. Following consultation with Grantor and the completion of the Survey, a new legal description of the Easement shall be prepared from the Survey. The new legal description shall be substituted for the description currently attached hereto as Exhibit B, and all references contained herein to the "Easement" shall be deemed to refer to the new description prepared from the Survey. C. Prorations, Costs and Expenses of Closing. At Closing, ad valorem taxes for the current year for the Easement area shall be prorated, and Grantor shall remain responsible for all other ad valorem taxes applicable to the remainder of the Property subsequent to Closing. At Closing, Grantor shall pay any outstanding ad valorem taxes for prior years on Grantor's real or personaI property, any late list penalties, revenue stamps or transfer taxes applicable to the Easement, and any mortgages or Iiens with respect to the Property. At Closing, Baker shall pay any costs related to the Survey, any title examination expenses, title insurance premiums, recording costs for the deed conveying the Easement, costs of recordation of any recorded plats showing the Easement, as well as any engineering or site plan costs. Each party shall bear its own accounting and attorney fees. d. Closiniz Documents and Title. At Closing, Grantor shall deliver (i) a deed substantially in the form of the attached Exhibit E (the "Deed") conveying the Easement to Baker or to a legally qualified non-profit organization or government agency as contained in N.C.G.S. §121-35(2) designated by Baker, provided, that the final form of the Deed shall be in form mutually acceptable to Baker and Grantor so long as such form is consistent with the provisions of Article 4, The Conservation and Historic Preservation Agreements Act as contained in N.C.G.S. §121-34 through 42. The Deed shall convey good, marketable and insurable title to the Easement, free and clear from all mortgages, liens, easements, covenants, restrictions and other encumbrances, except those previously accepted by Baker in writing; (ii) lien affidavits warranting and holding harmless any title insurance company insuring title to the Easement, from and against unpaid mechanics and materialmen's liens; and (iv) any other documents and papers necessary or appropriate in connection with the consummation of the transaction contemplated by this Option. At Closing, Baker shall deliver (i) a Settlement Statement setting forth each party's costs, expenses, prorations and other financial analysis of the purchase and sale of the Easement as contemplated hereby; (ii) the Note as defined in item 4(e), below; and (iii) any other documents necessary to consummate the transaction contemplated by the Option. C. Payment. It is understood that funding for the purchase of the Easement shall be provided by the State of North Carolina pursuant to the Division of Mitigation Services of DEQ and that such funding is made subsequent to recording of the Easement and subsequent to Closing. Therefore, at Closing, Baker shall deliver to Grantor a promissory note in the amount of the Purchase Price, less the Option Deposit and closing costs, mortgage pay-offs, expenses, and prorations applicable to Grantor, which promissory note shall bear interest at Zero Percent (0%) per annum on the unpaid balance until paid or until default and which promissory note shall be due and payable in full on the date ninety (90) days after the Closing (the "Note"). At the time of Closing, Baker shall record the Deed and any plat referenced in the Deed and deliver copies of the recorded documents to the State Property Office for review and funding. The Note shall contain an express provision that if the DEQ fails to fund the purchase of the Easement in the amount of the Purchase Price thereby causing Baker to fail to pay the Note in full on or before the maturity date, then Baker, as Grantor's sole remedy, shall be liable to Grantor for all reasonable costs and expenses, including reasonable attorney fees, required to have the Easement removed and the title to the Property returned to the condition it was prior to the imposition of the Easement, at which point the Note, this Option, and all duties, responsibilities and liabilities with respect thereto shall be null and void. Otherwise, Baker shall pay the Note in full upon receipt of funding by the State of North Carolina. f. Condition of Property, Intended Use. Prior to Closing, Grantor shall remove all rubbish and trash, including any hazardous waste or harmful chemical substances, from the Easement but shall otherwise keep the Property in the same condition as of the Effective Date, reasonable wear and tear excepted. Grantor shall prevent and refrain from any use of the Property for any purpose or in any manner that would diminish the value of the Easement or adversely affect Baker's intended use of the land for the Easement, which use is to provide the Division of Mitigation Services within DEQ with wetland, stream, and/or buffer mitigation credits. Grantor acknowledges that Baker will enter into an agreement with DEQ to provide these credits, and Grantor agrees not to undertake or permit any activities on the Property that would diminish Baker's ability to obtain such credits. If any adverse change occurs in the condition of the Easement prior to Closing, whether such change is caused by Grantor or by forces beyond Grantor's reasonable control, Baker may elect to (i) refuse to accept the Easement at Closing; (ii) accept the Property at Closing, or a portion thereof with a corresponding adjustment of the Purchase Price; or (iii) terminate this Option and the transaction itself and declare this Option null and void. g. Warranty of Title. Grantor covenants, represents and warrants that, as of the Effective Date and Closing: (i) Grantor is the sole owner(s) of the Property and is seized of the Property in fee simple absolute; (ii) Grantor has the right and authority to convey this Option and the Easement and Grantor will hold the grantee of the Easement harmless from any failure in Grantor's right and authority to convey the Easement, including issues of title; (iii) there is legal access to the Property and to the Easement; (iv) the Easement is 3 free from any and all encumbrances, except those accepted by Baker in writing; (v) Grantor will defend title to the Easement against all lawful claims of other parties; (vi) that the Property is free of any hazardous wastes. 5. Right of Entry and Inspections. Baker, and its agents and employees or other authorized representatives, may enter upon the Property during the Term for the purpose of making surveys, conducting soil, engineering, geological and other subsoil or environmental tests to determine the suitability of the Property for the Easement. Baker shall repair or pay for any damage done to the Property caused while such tests are being made. Baker shall advise Grantor at least twenty-four hours in advance of any entry upon the Property for the purposes of surveying, testing or inspecting as set forth herein. Baker shall be permitted during the Term to obtain land use permits or other approvals relating to any part of the Easement, and Grantor agrees to execute such documents, petitions, and authorizations as may be appropriate or required in order to obtain such land use permits and approvals. Grantor shall join with Baker in applications and any non judicial or non -administrative proceedings to obtain such approvals if necessary. After Closing, Baker reserves the right to perform periodic inspections of the Easement to ensure compliance with easement restrictions contained in the Deed. If Balser does not duly exercise this Option and purchase the Easement, Baker shall return the Property to the condition in which it existed prior to any investigations undertaken by Baker, its agents, employees or contractors pursuant to this Option. 6. Permanent Access and Construction Easements. In connection with this Option and delivery of the Easement, Grantor shall also: (a) convey and grant to Baker, its successors, assigns, contractors and agents, a non-exclusive temporary construction easement, the location of which shall be determined in the sole discretion of Grantor, for ingress, egress and regress on, over and upon Grantor's Property, sufficient to allow Baker, its agents and contractors to construct and restore the Easement area to stream and/or wetland conditions required by DEQ, said temporary construction easement to include sufficient access to allow heavy equipment to access the Property and the Easement, as necessary; and (b) convey and grant to Baker, its successors and assigns, a non-exclusive permanent easement for ingress and egress to the Easement, the location of which shall be determined in the sole discretion of Grantor, in order that Baker, its successors and assigns, may have a permanent means of adequately accessing the area covered by the Easement. The permanent access easement referred to herein shall be set forth in an accurate survey, the legal description of which shall be included in a recorded permanent access easement which shall run with the land. 7. Indemnification. Baker agrees to indemnify and save harmless Grantor from and against any loss, claim, damage, cost or expense (including reasonable attorney's fees) suffered or incurred by Grantor by reason of any injury to person or damage to property on or about the Property to the extent caused by Baker, its officers, employees, agents, invitees, contractors, or subcontractors entering or conducting work upon the Property, except for any loss, claim, damage, cost or expense suffered or incurred as a result of the negligence or intentional misconduct of Grantor or Grantor's employees, agents or invitees. 8. Notices. Unless otherwise set forth, any notice or other communication required or permitted hereunder shall be in writing and (a) delivered by overnight courier; (b) sent by facsimile transmission, or (c) mailed by Registered or Certified Mail, postage prepaid, addressed as follows (or to such other address for a party as shall be specified by like notice; provided that notice of change of address shall be effective only upon receipt thereof); 4 If to Baker: Jake Byers Michael Baker Engineering 797 Haywood Rd. Suite 201 Asheville, NC 28806 If to the Grantor: 172 Jane Sowers Statesville, NC 28625 9. Miscellaneous. a. This Option, together with the exhibits attached hereto which are incorporated herein by reference, contains the entire understanding of the parties hereto with respect to the subject matter contained herein. No amendment, modification, or discharge of this Option, and no waiver hereunder, shall be valid or binding unless set forth in writing and duly executed by the parties hereto. b. Any provision of this Option that shall be found to be contrary to applicable law or otherwise unenforceable shall not affect the remaining terms of this Option, which shall be construed as if the unenforceable provision or clause were absent from this Option. C. This Option shall be binding upon and inure to the benefit of the parties and their respective heirs, personal representatives, successors, and assigns. d. This Option shall be governed by and construed in accordance with the laws of the State of North Carolina without application of its conflicts of laws provisions. e. No act or failure to act by either party shall be deemed a waiver of its rights hereunder, and no waiver in any one circumstance or of any one provision shall be deemed a waiver in other circumstances or of other provisions. f. Grantor agrees to not mow or otherwise damage vegetation within Easement area after Baker plants or replants the same. If Grantor or Grantor's agents or invitees damage vegetation within the Easement, Grantor will replace the lost or damaged vegetation at their expense. g. Baker shall ensure that access to portions of the Grantor's property shall not be impeded by the proposed. h. This Option shall not be assignable by Baker, except to another entity acquiring at least fifty-one percent (51%) interest in Baker or Baker's business or to an entity qualified to be the grantee of a conservation easement under N.C.G.S § 121-35 i. Baker shall install high tensile fence along conservation easement to exclude livestock. Baker shall install one well and two drinker boxes on the property. k. Baker shall provide fiords for the remaining balance (25% up to $900.00 ) not covered by the NCACSP for crop land conversion. IN WITNESS WHEREOF, the parties have duly executed this Option as of the date first above written. GRANTOR: P a A By:1 Print Naive: L�j'� i' �• Ct ° [ u' ►+� G� Q` •^ t/1�< ��L ( l 'mot �' GRA�Ny TOR. Print Name: #' 1 ('/I'\(Ld a. 461"" Title: MICH ' BAKE ENGINEERING, INC.: By: d4- P r i INme: �c ea%i lJVtiiS Title: L Ec p TiOt_ PC,n} 1; RL 6 Yadkin 03040101 I N T E R N A T 1 0 N A L Note: This map is not a certified survey. Roc � , l., • _ ;., HOLCOMB ELMER E LIFE ESTATE �. HOLCOMB WILMA F PIN: 5926-00-80-4164 oil ?i -:4 p k 7 NC 0 100 200 300 Feet ExhibitA Landowner(s): HOLCOMB ELMER E LIFE ESTATE HOLCOMB WILMA F Suggs, Kristi From: Suggs, Kristi Sent: Tuesday, September 26, 2017 2:58 PM To: Marella Buncick (marella_buncick@fws.gov) Subject: Request for Comment for Categorical Exclusion on the Whittier Creek Site - Option D (DMS Full Delivery Project #100020) Attachments: 162039_WhittierCreek_USFWS_SubmittalPackage_09262017.pdf Dear Ms. Buncick, I have included the attached letter and supporting documentation requesting comment from the USFWS about the above referenced project. Please let me know if you need any additional information. Thank you in advance for your assistance! Kristi Suggs Kristi Suggs I Environmental Specialist II 1 Michael Baker Engineering, Inc. a Michael Baker International Company 9716-B Rea Road #56 1 Charlotte I NC 28277 [O] 704-665-2206 [C] 704-579-4828 ksuees@mbakerintl.com I www.mbakerintl.com INTERNATI0NAL N V 12 WREM Fff �rna +� a 1 We Make a Difference INTERNATIONAL September 26, 2017 United States Fish and Wildlife Service Asheville Ecological Services Field Office Atlas: Marella Buncick, Endangered Species Biologist 160 Zillicoa Street Asheville, NC 28801 RE: Categorical Exclusion for Whittier Creek Site — Option D Stream Mitigation Project, NCDEQ DMS Full -Delivery Project ID 9100020, Surry County, NC Yadkin River Basin Cataloging Unit 03040101 Dear Ms. Buncick: Michael Baker Engineering, Inc. (Baker) respectfully requests review and comment from the US Fish and Wildlife Service (USFWS) on any possible concerns they may have with regards to the implementation oftheWhittier Creek Site — Option D Stream Mitigation Project. Please note that this request is in support of the development of the Categorical Exclusion (CE) for the referenced project. The Whittier Creek Site — Option D is a full -delivery project for the NCDEQ Division of Mitigation Services (DMS) identified and contracted to provide stream mitigation credits for permitted, unavoidable impacts in the Yadkin River Basin, Cataloging Unit 03040101. The project is located in Surry County and the NC DMS Targeted Local Watershed (TLW) 03040101-110040. The site is located in the Ararat community on two abutting parcels southeast of the intersection of Rockhill Church Road and Nurse Road, approximately 7 miles east of Dobson, NC. The project will involve the restoration and enhancement of approximately 3,130 linear feet of existing perennial streams along Whittier Creek and several UTs to Whittier Creek, which is a tributary to Bull Creek. In addition, a conservation easement will be implemented along all project reaches with riparian buffers extending in an excess of 30 feet from the top of bank of the restored channel and will protected in perpetuity by the State of North Carolina. The existing stream reaches and riparian wetlands within the project area have been significantly impacted by past and present unrestricted livestock access and/or channelization used to promote drainage and maximize agricultural acreage for cattle pastures. The proposed restoration project not only has the potential to provide stream mitigation credits, but will also provide significant ecological improvements and functional uplift through habitat restoration, and through decreasing nutrient and sediment loads from the project watershed. Based on review of the most current information from the United States Fish and Wildlife Service (USFWS) website(hiips://www.fws.gov/raleigh/species/cniylist/sgLry.html and the North Carolina Wildlife Resources Commission (NCWRC) the following species are considered federally -listed species in Surry County: Michael Baker Engineering, Inc. MBAKERINTL.CDM 9716-B Rea Road #56 Charlotte, NC 282771 Office:704.665.2200 We Moke o Difference Scientific Name Common Name Federal Status M otis se tentrionalis Northern long-eared bat Threatened Glyptemys muhlenber ii Bog Turtle Threatened Similarity of Appearance S/A Helianthus schweinitzii Schweinitz's sunflower Endangered Isotria medeoloides Small whorled pogonia Threatened Data Review and Analysis Baker conducted a two-mile radius search using the Natural Heritage Program's Data Explorer (hiips://ncnhde.natureserve.org) on September 26, 2017 and found no known occurrences of the above referenced species within two miles of the Project site. However, the Project is located within Surry County, a Northern long-eared bat (NLEB) White Nose Syndrome (WNS) zone, and is therefore subject to the US Fish and Wildlife Service's Final 4(d) rule to maintain section 7(a)(2) compliance. Myotis septentrionalis (Northern long-eared bat) — Threatened In North Carolina, the NLEB occurs in the mountains, with scattered records in the Piedmont and coastal plain. In western North Carolina, NLEB spend winter hibernating in caves and mines. Since this species is not known to be a long-distance migrant, and caves and subterranean mines are extremely rare in eastern North Carolina, it is uncertain whether or where NLEB hibernate in eastern NC. During the summer, NLEB roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees (typically >3 inches dbh). This bat also been found, rarely, roosting in structures like barns and sheds, under eaves of buildings, behind window shutters, in bridges, and in bat houses. Pregnant females give birth from late May to late July. Foraging occurs on forested hillsides and ridges, and occasionally over forest clearings, over water, and along tree -lined corridors. Mature forests may be an important habitat type for foraging. Forested habitats containing trees at least 3-inch dbh in the project area provide suitable habitat for NLEB. Due to the decline of the NLEB population from the WNS, the USFWS has issued the finalization of a special rule under section 4(d) of the ESA to addresses the effects to the NLEB resulting from purposeful and incidental take based on the occurrence of WNS. Because the project is located within a WNS zone and will include the removal/clearing of trees, it is subject to the final 4(d) ruling. As previously stated, a review of NCNHP records did not indicate any known NLEB populations within 2.0 mile of the study area; therefore, the project is eligible to use the NLEB 4(d) Rule Streamlined Consultation Form to meet regulatory requirements for section 7(a)(2) compliance 4(d) consultation. Glyptemys muhlenbergii (Bog turtle) - Threatened Similarity of Appearance (S/A) Bog turtles live in the mud, grass and sphagnum mosses found in bogs, swamps, and marshy meadows usually fed by cool surface springs. There are two distinct populations of the species, a northern population and a southern population. The southern population which is found in western North Carolina, including Alexander County, NC is listed as threated due to "similarity of appearance" as stated in the November 4, 1997, 62 FR 59605 59623. Because the southern population has not experienced the habitat loss of the northern population, the southern population is not subject to Section 7 consultation requirements of the Endangered Species Act. Helianthus schweinitzii (Schweinitz's sunflower) — Endangered Schweinitz's sunflower is a rhizomatous perennial herb that grows approximately 6.5 feet in height with purplish stems and produces small yellow flowers from late August until frost. This species is endemic to the Piedmont of North and South Carolina, and the few sites where it occurs in relatively natural conditions consist of Xeric Hardpan Forests. The species is also found along roadside rights -of -way, maintained power lines and other utility rights -of -way, edges of thickets and old pastures, clearings and edges of upland oak - pine -hickory woods and Piedmont longleaf pine forests, and other sunny or semi -sunny habitats where We Moke o Difference disturbances (e.g., mowing, clearing, grazing, blow downs, storms, frequent fire) help create open or partially open areas for sunlight. It is intolerant of full shade and excessive competition from other vegetation. It is generally found growing on shallow sandy soils with high gravel content; shallow, poor, clayey hardpans; or shallow rocky soils, especially those derived from mafic rocks. Because marginal to suitable habitat for Schweinitz's sunflower occurs along field edges and utility easements adjacent to the project area, Baker conducted a field survey on September 25t1i, 2017. No populations or individuals were documented during the on -site review. Isotria medeoloides (Small whorled pogonia) — Threatened Small whorled pogonia is a member of the orchid family. It is named for the whorl of five or six leaves near the top of a single stem and beneath the small greenish -yellow flower. The plant occurs in predominantly mature (2"d or 31d successional growth) mixed -deciduous or mixed-deciduous/coniferous forests with minimal ground cover and long persistent breaks in the forest canopy. The species prefers moist, acidic soils that lack nutrient diversity. Primary threats to the small whorled pogonia include habitat loss and degradation from urban expansion, forestry practices, recreational activities, and trampling. The project site consists of open and active cattle pasture with a narrow line of predominantly first successional woody vegetation along the top of the stream bank. Existing stream reaches, riparian corridors, and open fields at the project site have been significantly impacted by past and present unrestricted livestock access; therefore, habitat suitable for the species is not present within the project site. Please provide comments on any possible issues that may arise with respect to the endangered species, migratory birds or other natural resources from the construction of the proposed Project. The following additional supporting documentation has been included for reference: Vicinity Map, USGS Topographic Map, and Project Site Map. If Baker has not received response from you within 30 days, we will assume that the USFWS does not have any comment or information relevant to the implementation of this project at the current time. We thank you in advance for your timely response, input, and cooperation. Please contact me if you have any further questions or comments. I can be reached at (704) 579-4828 or via my email address at ksuaas(a,mbakerintl.com. Sincerely, Kristi Suggs Cc: Matthew Reid, NCDMS File Enclosures 0 10 1 002 Ararat Rd. z Project Locaton (36.3789,-80.6034) `, 0304 1 0 0 a 03040 1090 030401011 0 304010 0900 0 2 NC268 S RRY 304 1 03040 01 1006 304010109 Major Roads Road Streams i Q HU --- SURRY 3 4 101 \ 070 YA D North Carolina Vicinity Map Michael- Division of Mitigation Services 1 N T E R N A T 1 0 N A L o o.s =Miles Whittier Creek Site - Option D DMS Project No. 100020 1" = 1 Mile (Surry County, NC) C i000w� .. Proposed Conservation Easement 3 North Carolina USGS Topographic Map Michael Baker Division Of (Mount Airy South Quad, Siloam Quad) N T E R N A T I O N A L Mitigation Services 0 200 400eet Whittier Creek Site - Option D (Burry County, NC) DMS Project No. 100020 1"=400 Proposed Conservation Easement Proposed Mitigation Features a' None 1 Enhancement I' Restoration "' " d North Carolina Project Site Map Michael Baker Division of INTERNATIONAL Mitigation Services 0 150 300eet Whittier Creek Site - Option D (Burry County, NC) D MS Project No. 100020 1„ = 300' North Carolina Department of Natural and Cultural Resources Natural Heritage Program Governor Roy Cooper Secretary; Susi H. Hamilton September 26, 2017 Kristi Suggs Michael Baker Engineering, Inc. 9716 - B Rea Rd., 56 Charlotte, NC 28277 RE: Whittier Creek Site - Option D; 162039 Dear Kristi Suggs: I0Is] 0lart]ZMA[Clog] The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database, based on the project area mapped with your request, indicates that there are no records for rare species, important natural communities, natural areas, or conservation/managed areas within the proposed project boundary, or within a one -mile radius of the project boundary. Please note that although there may be no documentation of natural heritage elements within or near the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. Please also note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may also not be redistributed without permission. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler&ncdcr.gov or 919.707.8603. Sincerely, NC Natural Heritage Program MAILING ADDRESS: Tele--hone: 019) 7DT-8107 LC)CA.TICN 1651 Mail Service Center rt,rrsv.ncnhv.org 121 West hones S7reat Ralaigh, NC 27699-1651 Ralaigh, NG 27603 r. O 4- QL O W C/') ^W W L U ^L' W CM W 0 2 Z U Z U oil " Braley 0 .1 a...lmg 110 3la xcrK H�11 Gn.nch ft�� Y of �iow� . iM 7 (D 0) d Suggs, Kristi From: Brew, Donnie (FHWA) <Donnie.Brew@dot.gov> Sent: Friday, February 02, 2018 4:39 PM To: Marella_Buncick@fws.gov Cc: Wiesner, Paul; Reid, Matthew; Suggs, Kristi Subject: EXTERNAL: Whittier Creek Mit Prcj_NLEB 4(d) rule consultation Attachments: Whittier Creek NLEB 4(d) rule form 2-2-18.pdf, Whittier Creek project maps.pdf Follow Up Flag: Follow up Flag Status: Flagged Good afternoon Marella, The purpose of this message is to notify your office that FHWA will use the streamlined consultation framework for the Whittier Creek Mitigation Site in Surry County, NC. Attached is a completed NLEB 4(d) Rule Streamlined Consultation form, in addition site maps/figures. Thank you and have a great weekend, Donnie Notifying the Service Under the Framework Northern Long -Eared Bat 4(d) Rule Streamlined Consultation Form Federal agencies (or designated non-federal representatives) should use the Northern Long -Eared Bat 4(d) Rule Streamlined Consultation form to notify the Service of their project and meet the requirements of the framework. Northern Lona-Eared Bat 4(d) Rule Streamlined Consultation Form (Word document) Information requested in the Northern Long -Eared Bat 4(d) Rule Streamlined Consultation Form serves to (1) notify the field office that an action agency will use the streamlined framework; (2) describe the project with sufficient detail to support the required determination; and (3) enable the USFWS to track effects and determine if reinitiation of consultation for the 4(d) rule is required. This form requests the minimum amount of information required for the Service to be able to track this information. Providing information in the Streamlined Consultation Form does not address section 7(a)(2) compliance for any other listed species. Donnie Brew Preconstruction & Environment Engineer 1 Federal Highway Administration 310 New Bern Ave, Suite 410 Raleigh, NC 27601 donnie.brew@dot.gov 919-747-7017 ***Please consider the environment before printing this email.*** Northern Lone -Eared Bat 4(d) Rule Streamlined Consultation Form Federal agencies should use this form for the optional streamlined consultation framework for the northern long- eared bat (NLEB). This framework allows federal agencies to rely upon the U.S. Fish and Wildlife Service's (USFWS) January 5, 2016, intra-Service Programmatic Biological Opinion (BO) on the final 4(d) rule for the NLEB for section 7(a)(2) compliance by: (1) notifying the USFWS that an action agency will use the streamlined framework; (2) describing the project with sufficient detail to support the required determination; and (3) enabling the USFWS to track effects and determine if reinitiation of consultation is required per 50 CFR 402.16. This form is not necessary if an agency determines that a proposed action will have no effect to the NLEB or if the USFWS has concurred in writing with an agency's determination that a proposed action may affect, but is not likely to adversely affect the NLEB (i.e., the standard informal consultation process). Actions that may cause prohibited incidental take require separate formal consultation. Providing this information does not address section 7(a)(2) compliance for any other listed species. Information to Determine 4(d) Rule Compliance: YES NO 1. Does the project occur wholly outside of the WNS Zone'? ❑ ❑X 2. Have you contacted the appropriate agency2 to determine if your project is near ❑X ❑ known hibernacula or maternity roost trees? 3. Could the project disturb hibernating NLEBs in a known hibernaculum? ❑ ❑X 4. Could the project alter the entrance or interior environment of a known ❑ ❑X hibernaculum? 5. Does the project remove any trees within 0.25 miles of a known hibernaculum at ❑ ❑X any time of ear? 6. Would the project cut or destroy known occupied maternity roost trees, or any ❑ ❑X other trees within a 150-foot radius from the maternity roost tree from June 1 through July 31. You are eligible to use this form if you have answered yes to question 41 or yes to question #2 and no to questions 3, 4, 5 and 6. The remainder of the form will be used by the USFWS to track our assumptions in the BO. Agency and Applicant3 (Name, Email, Phone No.): Donnie Brew, Federal Highway Administration (FHWA), Donnie.Brew2dot.gov, 919-747-7017 & Kristi Suggs, Michael Baker Engineering, Inc., ksuggs2mbakerintl.com, 704-579-4828 Project Name: Whittier Creek Site — Option D Project Location (include coordinates if known): The project site is located in Surry County, North Carolina, near the Town of Dobson, in the Ararat community. The project site is located in the Yadkin River Basin (03040101) and the NC DMS Targeted Local Watershed (TLW) 03040101110040. The site is located on two abutting parcels just southeast of the intersection of Rockhill Church Road and Nurse Road. The coordinates at the intersection of Rockhill Church Road and Nurse Road are (36.3789,-80.6034). Basic Project Description (provide narrative below or attach additional information): 1 http://www.fws.gov/"dwest/endangered/mammals/nleb/pdVWNSZone.pdf 'See http://www.fws.gov/"dwest/endangered/mammals/nleb/nhisites.html s If applicable - only needed for federal actions with applicants (e.g., for a permit, etc.) who are party to the consultation. The Whittier Creek Site is a full -delivery project for the NCDEQ Division of Mitigation Services (DMS) identified and contracted to provide stream mitigation credits for permitted, unavoidable impacts in the Yadkin River Basin, Cataloging Unit 03040101. The project will involve the restoration and enhancement and permanent protection of approximately 3,130 linear feet of existing perennial stream along Whittier Creek and several UTs to Whittier Creek, which is a tributary to Bull Creek. In addition, a conservation easement will be implemented along all project reaches with riparian buffers extending in an excess of 30 feet from the top of bank and will protected in perpetuity by the State of North Carolina. The existing stream reaches and riparian wetlands within the project area have been significantly impacted by past and present unrestricted livestock access and/or channelization used to promote drainage and maximize agricultural acreage for cattle pastures. The proposed restoration project not only has the potential to provide stream mitigation credits, but will also provide significant ecological improvements and functional uplift through habitat restoration, and through decreasing nutrient and sediment loads from the project watershed. The following additional supporting documentation has been included for reference: a Project Vicinity Map, a USGS Topographic Map, and a Project Site Map. YES NO General Project Information Does the project occur within 0.25 miles of a known hibernaculum? ❑ ❑X Does the project occur within 150 feet of a known maternity roost tree? ❑ ❑X Does the project include forest conversion4? (if yes, report acreage below) ❑X ❑ Estimated total acres of forest conversion 3.0 If known, estimated acres5 of forest conversion from April 1 to October 31 3.0 If known, estimated acres of forest conversion from June I to July 316 0.0 Does the project include timber harvest? (if yes, report acreage below) ❑ ❑X Estimated total acres of timber harvest If known, estimated acres of timber harvest from April I to October 31 If known, estimated acres of timber harvest from June I to July 31 Does the project include prescribed fire? (if yes, report acreage below) ❑ ❑X Estimated total acres of prescribed fire If known, estimated acres of prescribed fire from April I to October 31 If known, estimated acres of prescribed fire from June I to July 31 Does the project install new wind turbines? (if yes, report capacity in MW below) ❑ ❑X Estimated wind capacity (MW) Agency Determination: By signing this form, the action agency determines that this project may affect the NLEB, but that any resulting incidental take of the NLEB is not prohibited by the final 4(d) rule. If the USFWS does not respond within 30 days from submittal of this form, the action agency may presume that its determination is informed by the best available information and that its project responsibilities under 7(a)(2) with respect to the NLEB are fulfilled through the USFWS January 5, 2016, Programmatic BO. The action agency will update this determination annually for multi -year activities. 4 Any activity that temporarily or permanently removes suitable forested habitat, including, but not limited to, tree removal from development, energy production and transmission, mining, agriculture, etc. (see page 48 of the BO). s If the project removes less than 10 trees and the acreage is unknown, report the acreage as less than 0.1 acre. 6 If the activity includes tree clearing in June and July, also include those acreage in April to October. The action agency understands that the USFWS presumes that all activities are implemented as described herein. The action agency will promptly report any departures from the described activities to the appropriate USFWS Field Office. The action agency will provide the appropriate USFWS Field Office with the results of any surveys conducted for the NLEB. Involved parties will promptly notify the appropriate USFWS Field Office upon finding a dead, injured, or sick NLEB. Signature: Date Submitted: 2 + 2 r / g We Make a Difference INTERNATIONAL January 29, 2018 Mr. Milton Cortes Assistant State Soil Scientist USDA Natural Resources Conservation Service 4407 Bland Rd., Suite 117 Raleigh, NC 27609 RE: Prime and Important Farmland Soils NCDMS, Whittier Creek Site — Option D, Stream Mitigation Project Surry County, NC Dear Mr. Cortes: Michael Baker Engineering, Inc. (Baker) is contracted by the North Carolina Division of Mitigation Services (NCDMS) to conduct stream restoration/enhancement activities for the above -referenced project. The project area is located in Surry County, North Carolina approximately 7 miles east of Dobson, NC. The project is located on both the Mount Airy and Siloam, North Carolina 7.5-minute topographic maps from the United States Geological Survey (USGS). The center of the project area is located at 36.3779N, -80.59988W. The site is located on two abutting parcels southeast of the intersection of Rockhill Church Road and Nurse Road in Ararat, NC. Please see the enclosed USGS Topographic Map for a depiction of the project site location. The majority of the site has historically been disturbed due to past and current management for pasture grazing and livestock rearing. Baker conducted a review of the project area using the US Department of Agriculture Natural Resources Conservation Service's (USDA NRCS) Web Soil Survey. The following table outlines the soils that are present within the proposed conservation. Based on the data determined from this review, there are a total of 4.8 acres of Prime Farmland within the project area. The enclosed Soils Maps depicts their locations within the easement. Farmland Classification— Summary by Map Unit — Surry County, North Carolina (NC171) Map unit Acres in Percent of Area symbol Map unit name Rating Conservation in Conservation Easement Easement Colvard and Suches soils, 0 CsA to 3 percent slopes, Prime farmland 4.8 83.4% occasionally flooded Fairview cobbly fine sandy Ff) loam, 15 to 25 percent Not prime farmland 1.0 16.6% slopes, stony Totals for Area of Interest 5.8 100.00% MBAKERINTL.COM Michael Baker Engineering, Inc. Ballantyne One,1572o Brixham Hill Avenue Suite 300, Room 318 Charlotte, NC 282771 Office: 704.665.2200 We Make a Difference Please feel free to contact me if you have any questions regarding this project or need any additional information. I can be reached at (704) 579-4828 or via my email address at ksugg`kmbakerintl.com. Sincerely, Kristi Suggs Cc: Matthew Reid, NCDMS File U.S. Department of Agriculture FARMLAND CONVERSION IMPACT RATING PART I (To be completed by Federal Agency) Date Of Land Evaluation Request Septembre 22, 2017 Name of Project Whittler Creek Site - Option D Federal Agency Involved FHWA Proposed Land Use Stream Mitigation County and State Surry County, North Carolina PART II (To be completed by NRCS) Date Request Received By NRCS January 29, 2018 P rson Co pleting For IV�ilton tortes NRCS NC Does the site contain Prime, Unique, Statewide or Local Important Farmland? (If no, the FPPA does not apply - do not complete additional parts of this form) YES NO Z Acres Irrigated none Average Farm Size 101 acres Major Crop(s) CORN Farmable Land In Govt. Jurisdiction Acres:54 % % 187,236 acres Amount of Farmland As Defined in FPPA Acres: 44.8 0/do 155,337 acres Name of Land Evaluation System Used Surry County, NC LESA Name of State or Local Site Assessment System N/A Date Land Evaluation Returned by NRCS January 29, 2018 by entail PART III (To be completed by Federal Agency) Alternative Site Rating Site A Site B Site C I Site D A. Total Acres To Be Converted Directly rJ 8 B. Total Acres To Be Converted Indirectly 0 C. Total Acres In Site rJ 8 PART IV (To be completed by NRCS) Land Evaluation Information A. Total Acres Prime And Unique Farmland 4.8 B. Total Acres Statewide Important or Local Important Farmland 0 C. Percentage Of Farmland in County Or Local Govt. Unit To Be Converted 0.0031 D. Percentage Of Farmland in Govt. Jurisdiction With Same Or Higher Relative Value 6.6% PART V (To be completed by NRCS) Land Evaluation Criterion Relative Value of Farmland To Be Converted Scale of 0 to 100 Points 74 PART VI (To be completed by Federal Agency) Site Assessment Criteria Criteria are explained in 7 CFR 658.5 b. For Corridor ro ect use form NRCS-CPA-106 Maximum Points Site A Site B Site C Site D 1. Area In Non -urban Use (15) 15 2. Perimeter In Non -urban Use (10) 10 3. Percent Of Site Being Farmed (20) 20 4. Protection Provided By State and Local Government (20) 20 5. Distance From Urban Built-up Area (15) 15 6. Distance To Urban Support Services (15) 15 7. Size Of Present Farm Unit Compared To Average (10) 0 8. Creation Of Non-farmable Farmland (10) 0 9. Availability Of Farm Support Services (5) 4 10. On -Farm Investments (20) 10 11. Effects Of Conversion On Farm Support Services (10) 0 12. Compatibility With Existing Agricultural Use (10) 0 TOTAL SITE ASSESSMENT POINTS 160 109 0 0 0 PART VII (To be completed by Federal Agency) Relative Value Of Farmland (From Part V) 100 74 0 0 0 Total Site Assessment (From Part VI above or local site assessment) 160 109 0 0 0 TOTAL POINTS (Total of above 2 lines) 260 183 0 0 0 Site Selected: Date Of Selection Was A Local Site Assessment Used? YES❑ NO ❑ Reason For Selection: Name of Federal agency representative completing this form: ANTHONY W. HIGH SEC - USDA RD Date: 1 1/27/2017 (See Instructions on reverse side) Form AD-1006 (03-02) Suggs, Kristi From: Cortes, Milton - NRCS, Raleigh, NC <Milton.Cortes@nc.usda.gov> Sent: Monday, January 29, 2018 3:08 PM To: Suggs, Kristi Subject: RE: EXTERNAL: RE: Farmland Conversion Impact Rating Submittal - Whittier Creek Site Option D, Surry County, NC Thank you very much!! w From: Suggs, Kristi [mailto:KSuggs@mbakerintl.com] Sent: Monday, January 29, 2018 3:06 PM To: Cortes, Milton - NRCS, Raleigh, NC <Milton.Cortes@nc.usda.gov> Subject: RE: EXTERNAL: RE: Farmland Conversion Impact Rating Submittal - Whittier Creek Site Option D, Surry County, NC Mr. Cortes, Attached is the completed AD1006 Form for the Whittier Creek Site Option D Mitigation Project. Please let me know if you need any additional information. Thank you! Kristi Suggs PLEASE NOTE MY CHANGE OF ADDRESS BELOW IN THE SIGNATURE LINE. Kristi Suggs I Environmental Specialist II 1 Michael Baker International Ballantyne One,15720 Brixham Hill Avenue, Suite 300, Office 318 1 Charlotte I NC 128277 1 [O] 704-665-2206 1 [C] 704-579-4828 ksuggs@mbakerintl.com I www.mbakerintl.com Michael . -` We Moke a Difference INTERNATIONAL Connect with us- V Mrlw&M From: Cortes, Milton - NRCS, Raleigh, NC[mailto:Milton.Cortes@nc.usda.gov] Sent: Monday, January 29, 2018 1:37 PM To: Suggs, Kristi <KSuggs@mbakerintl.com> Subject: EXTERNAL: RE: Farmland Conversion Impact Rating Submittal - Whittier Creek Site Option D, Surry County, NC Importance: High Kristi; Please find attached the Farmland Conversion Impact Rating evaluation for NCDMS, Whittier Creek Site — Option D, Stream Mitigation Project Surry County, NC. If I can be of further assistance please let us know. Cordially; Assistant State Soil Scientist USDA Natural Resources Conservation Service 4407 Bland Rd, Suite 117 Raleigh, NC 27609 Phone:919-873-2171 milton.cortes(@nc.usda.eov USDA From: Suggs, Kristi [mailto:KSuees@mbakerintl.com] Sent: Monday, January 29, 2018 10:33 AM To: Cortes, Milton - NRCS, Raleigh, NC <MiIto n.Cortes@nc.usda.gov> Subject: Farmland Conversion Impact Rating Submittal - Whittier Creek Site Option D, Surry County, NC Dear Mr. Cortes, Please see the attached submittal package for the Farmland Protection Policy Act. Please let me know if you have any questions or need any additional information. Thank you very much! Sincerely, Kristi Suggs PLEASE NOTE MY CHANGE OF ADDRESS BELOW IN THE SIGNATURE LINE. Kristi Suggs I Environmental Specialist II 1 Michael Baker International Ballantyne One, 15720 Brixham Hill Avenue, Suite 300, Office 318 Charlotte I INC 28277 [O] 704-665-2206 1 [C] 704-579-4828 ksuggs@mbakerintl.com I www.mbakerintl.com Michael We Moke a Difference 114T�CRHATIONAL Connect warn us: V Ijii 1113 7alM T. This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. Q Suggs, Kristi From: Suggs, Kristi Sent: Tuesday, September 26, 2017 2:59 PM To: shannon.deaton@ncwildlife.org Subject: Request for Comment for Categorical Exclusion on the Whittier Creek Site - Option D (DMS Full Delivery Project #100020) Attachments: 162039_WhittierCreek_NCWRC_SubmittalPackage_09262017.pdf Dear Ms. Deaton, I have included the attached letter and supporting documentation requesting comment from the NC WRC about the above referenced project. Please let me know if you need any additional information. Thank you in advance for your assistance! Kristi Suggs Kristi Suggs I Environmental Specialist II 1 Michael Baker Engineering, Inc. a Michael Baker International Company 9716-B Rea Road #56 1 Charlotte I NC 28277 [O] 704-665-2206 [C] 704-579-4828 ksuees@mbakerintl.com I www.mbakerintl.com INTERNATI0NAL N V 12 WREM Fff �rna +� a 1 We Make a Difference INTERNATIONAL September 26, 2017 NC Wildlife Resources Commission Division of Inland Fisheries Attn: Shannon Deaton Shannon.deaton&ncwildlife.org RE: Categorical Exclusion for Whittier Creek Site — Option D Stream Mitigation Project, NCDEQ DMS Full -Delivery Project ID 9100020, Surry County, NC Yadkin River Basin Cataloging Unit 03 040 101 Dear Ms. Deaton: Michael Baker Engineering, Inc. (Baker) respectfully requests review and comment from the NC Wildlife Resource Commission (WRC) on any possible concerns they may have with regards to the implementation of the Whittier Creek Site — Option D Stream Mitigation Project. Please note that this request is in support of the development of the Categorical Exclusion (CE) for the referenced project. The Whittier Creek Site — Option D is a full -delivery project for the NCDEQ Division of Mitigation Services (DMS) identified and contracted to provide stream mitigation credits for permitted, unavoidable impacts in the Yadkin River Basin, Cataloging Unit 03040101. The project is located in Surry County and the NC DMS Targeted Local Watershed (TLW) 03040101-110040. The site is located in the Ararat community on two abutting parcels southeast of the intersection of Rockhill Church Road and Nurse Road, approximately 7 miles east of Dobson, NC. The project will involve the restoration and enhancement of approximately 3,130 linear feet of existing perennial streams along Whittier Creek and several UTs to Whittier Creek, which is a tributary to Bull Creek. In addition, a conservation easement will be implemented along all project reaches with riparian buffers extending in an excess of 30 feet from the top of bank of the restored channel and will protected in perpetuity by the State of North Carolina. The existing stream reaches and riparian wetlands within the project area have been significantly impacted by past and present unrestricted livestock access and/or channelization used to promote drainage and maximize agricultural acreage for cattle pastures. The proposed restoration project not only has the potential to provide stream mitigation credits, but will also provide significant ecological improvements and functional uplift through habitat restoration, and through decreasing nutrient and sediment loads from the project watershed. Based on review of the most current information from the United States Fish and Wildlife Service (USFWS) website hilps://www.fws.gov/raleigh/species/cniylist/siva.html and the North Carolina Wildlife Resources Commission (NCWRC) the following species are considered federally -listed species in Surry County: Michael Baker Engineering, Inc. MBAKERINTL.CDM 9716-B Rea Road #56 Charlotte, NC 282771 Office:704.665.2200 We Moke o Difference Scientific Name Common Name Federal Status M otis se tentrionalis Northern long-eared bat Threatened Glyptemys muhlenber ii Bog Turtle Threatened Similarity of Appearance S/A Helianthus schweinitzii Schweinitz's sunflower Endangered Isotria medeoloides Small whorled pogonia Threatened Data Review and Analysis Baker conducted a two-mile radius search using the Natural Heritage Program's Data Explorer (hiips://ncnhde.natureserve.org) on September 26, 2017 and found no known occurrences of the above referenced species within two miles of the Project site. However, the Project is located within Surry County, a Northern long-eared bat (NLEB) White Nose Syndrome (WNS) zone, and is therefore subject to the US Fish and Wildlife Service's Final 4(d) rule to maintain section 7(a)(2) compliance. Myotis septentrionalis (Northern long-eared bat) — Threatened In North Carolina, the NLEB occurs in the mountains, with scattered records in the Piedmont and coastal plain. In western North Carolina, NLEB spend winter hibernating in caves and mines. Since this species is not known to be a long-distance migrant, and caves and subterranean mines are extremely rare in eastern North Carolina, it is uncertain whether or where NLEB hibernate in eastern NC. During the summer, NLEB roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees (typically >3 inches dbh). This bat also been found, rarely, roosting in structures like barns and sheds, under eaves of buildings, behind window shutters, in bridges, and in bat houses. Pregnant females give birth from late May to late July. Foraging occurs on forested hillsides and ridges, and occasionally over forest clearings, over water, and along tree -lined corridors. Mature forests may be an important habitat type for foraging. Forested habitats containing trees at least 3-inch dbh in the project area provide suitable habitat for NLEB. Due to the decline of the NLEB population from the WNS, the USFWS has issued the finalization of a special rule under section 4(d) of the ESA to addresses the effects to the NLEB resulting from purposeful and incidental take based on the occurrence of WNS. Because the project is located within a WNS zone and will include the removal/clearing of trees, it is subject to the final 4(d) ruling. As previously stated, a review of NCNHP records did not indicate any known NLEB populations within 2.0 mile of the study area; therefore, the project is eligible to use the NLEB 4(d) Rule Streamlined Consultation Form to meet regulatory requirements for section 7(a)(2) compliance 4(d) consultation. Glyptemys muhlenbergii (Bog turtle) - Threatened Similarity of Appearance (S/A) Bog turtles live in the mud, grass and sphagnum mosses found in bogs, swamps, and marshy meadows usually fed by cool surface springs. There are two distinct populations of the species, a northern population and a southern population. The southern population which is found in western North Carolina, including Alexander County, NC is listed as threated due to "similarity of appearance" as stated in the November 4, 1997, 62 FR 59605 59623. Because the southern population has not experienced the habitat loss of the northern population, the southern population is not subject to Section 7 consultation requirements of the Endangered Species Act. Helianthus schweinitzii (Schweinitz's sunflower) — Endangered Schweinitz's sunflower is a rhizomatous perennial herb that grows approximately 6.5 feet in height with purplish stems and produces small yellow flowers from late August until frost. This species is endemic to the Piedmont of North and South Carolina, and the few sites where it occurs in relatively natural conditions consist of Xeric Hardpan Forests. The species is also found along roadside rights -of -way, maintained power lines and other utility rights -of -way, edges of thickets and old pastures, clearings and edges of upland oak - pine -hickory woods and Piedmont longleaf pine forests, and other sunny or semi -sunny habitats where We Moke o Difference disturbances (e.g., mowing, clearing, grazing, blow downs, storms, frequent fire) help create open or partially open areas for sunlight. It is intolerant of full shade and excessive competition from other vegetation. It is generally found growing on shallow sandy soils with high gravel content; shallow, poor, clayey hardpans; or shallow rocky soils, especially those derived from mafic rocks. Because marginal to suitable habitat for Schweinitz's sunflower occurs along field edges and utility easements adjacent to the project area, Baker conducted a field survey on September 25t1i, 2017. No populations or individuals were documented during the on -site review. Isotria medeoloides (Small whorled pogonia) — Threatened Small whorled pogonia is a member of the orchid family. It is named for the whorl of five or six leaves near the top of a single stem and beneath the small greenish -yellow flower. The plant occurs in predominantly mature (2"d or 31d successional growth) mixed -deciduous or mixed-deciduous/coniferous forests with minimal ground cover and long persistent breaks in the forest canopy. The species prefers moist, acidic soils that lack nutrient diversity. Primary threats to the small whorled pogonia include habitat loss and degradation from urban expansion, forestry practices, recreational activities, and trampling. The project site consists of open and active cattle pasture with a narrow line of predominantly first successional woody vegetation along the top of the stream bank. Existing stream reaches, riparian corridors, and open fields at the project site have been significantly impacted by past and present unrestricted livestock access; therefore, habitat suitable for the species is not present within the project site. Please provide comments on any possible issues that may arise with respect to the endangered species, migratory birds or other natural resources from the construction of the proposed Project. The following additional supporting documentation has been included for reference: Vicinity Map, USGS Topographic Map, and Project Site Map. If Baker has not received response from you within 30 days, we will assume that the NC WRC does not have any comment or information relevant to the implementation of this project at the current time. We thank you in advance for your timely response, input, and cooperation. Please contact me if you have any further questions or comments. I can be reached at (704) 579-4828 or via my email address at ksuggs&mbakerintl.com. Sincerely, Kristi Suggs Cc: Matthew Reid, NCDMS File Enclosures 0 10 1 002 Ararat Rd. z Project Locaton (36.3789,-80.6034) `, 0304 1 0 0 a 03040 1090 030401011 0 304010 0900 0 2 NC268 S RRY 304 1 03040 01 1006 304010109 Major Roads Road Streams i Q HU --- SURRY 3 4 101 \ 070 YA D North Carolina Vicinity Map Michael- Division of Mitigation Services 1 N T E R N A T 1 0 N A L o o.s =Miles Whittier Creek Site - Option D DMS Project No. 100020 1" = 1 Mile (Surry County, NC) C i000w� .. Proposed Conservation Easement 3 North Carolina USGS Topographic Map Michael Baker Division Of (Mount Airy South Quad, Siloam Quad) N T E R N A T I O N A L Mitigation Services 0 200 400eet Whittier Creek Site - Option D (Burry County, NC) DMS Project No. 100020 1"=400 Proposed Conservation Easement Proposed Mitigation Features a' None 1 Enhancement I' Restoration "' " d North Carolina Project Site Map Michael Baker Division of INTERNATIONAL Mitigation Services 0 150 300eet Whittier Creek Site - Option D (Burry County, NC) D MS Project No. 100020 1„ = 300' APPENDIX J: (IRT CORRESPONDENCE) MICHAEL BAKER ENGINEERING, INC. WHITTIER CREEK SITE - OPTION D MITIGATON PROJECT, DMS PROJECT NO. 100020 MITIGATION PLAN (FINAL) I N T E R N A T 1 0 N A L Memo Regarding Whittier Creek Post Contract IRT Field Meeting Memo Date: 8/15/17 This memo will be included in the Mitigation Plan to serve as a record of field discussions including crediting ratios and approaches. Meeting Held: 8/14/17 from 10:00 to 12:00 Attendees: Jake Byers and Russell Myers (Baker); Todd Tugwell (Corps of Engineers); Paul Wiesner and Matthew Reid (DMS), Mac Haupt (DWR), and Andrea Leslie (WRC) The originally proposed approaches and ratios for each Reach are provided in the following Tables in addition to the revised approaches and credits as applicable. Any modifications and discussions are noted in the text below. Reach Name Original Approach Length Ratio Original Credits Revised Approach Revised Credits R7 R 1389 1:1 1389 N/A N/A The group suggested that maintaining a sufficient bench and access to the floodplain throughout R7 would be a design priority to make sure it could handle flashy flows. Bioengineering should be used where feasible, IRT agreed that this was suitable. This would be particularly important where UT4 intersects with R7. It was also mentioned that suppressing privet would be a priority along this reach. No other comments along this reach — Group consensus of approach is accepted as proposed. Reach Name Original Approach Length Ratio Original Credits Revised Approach Revised Credits UT5 R 735 1:1 735 N/A N/A Group consensus was to accept proposed approach and ratio Todd inquired about the possibility of moving the powerline to parallel the road and eliminate the need for the two crossings along UT4 and UT5. It would be preferable if there were no crossings. Jake said he would look into the possibility of moving the line. Andrea commented that the culvert at the top of the reach under Rock Hill Church Road might not allow sufficient water to pass through to support fish populations. She raised the possibility of backwatering the culvert to increase the water depth through the pipe. Concerns were raised about how this might impact the culvert in the long run and affect the stability of the road. It was mentioned that UT5 was not particularly incised, at least in the upper section. Jake pointed out that incision increases downstream and said we would relocate the stream to match the valley topography and increase sinuosity. Group consensus of this approach is acceptable as proposed. Reach Name Original Approach Length Ratio Original Credits Revised Approach Revised Credits UT4a El 315 1.5:1 210 N/A N/A The group note that UT4 as a whole was difficult to define in regard to mitigation approach. Some sections are much more incised and eroded than others. It was noted by both Todd and Mac that UT4a (and upstream of UT4b) have areas that could be proposed as restoration, El, or Ell. UT4a is proposed as El, and the group agreed that this was acceptable so long as the work that is proposed matches what is actually done in the field and is justified in the mitigation plan. However, if during analysis and design, it is determined that improved functional lift can be obtained through the implementation of a priority I restoration approach by moving the stream to the low part of the valley, then this reach would be acceptable as a restoration reach at a 1:1 ratio. As of now, the El approach will remain. If restoration is proposed, it will be well documented and justified in the mitigation plan. It was noted that the culvert at the top of this reach also has the same issue as the culvert on UT5. Reach Name Original Approach Length Ratio Original Credits Revised Approach Revised Credits UT4b R 735 1:1 735 N/A N/A It was noted that the short upstream section of this reach already has some buffer, although there is also a good bit of privet. A short section through the buffer was mostly stable but it would be necessary to raise the bed to connect to a knickpoint at the break between UT4a and UT4b. The group agreed, and the approach is accepted as proposed. Please let me know if any of the above information is not presented as discussed in the field. Sincerely, Jake Byers From: Leslie, Andrea J To: Haunt. Mac; Tuawell. Todd J CIV USARMY CESAW (LS); Byers. Jake Cc: Wiesner. Paul; Reid. Matthew Subject: RE: Whittier Creek Full Delivery Project Post Contract IRT Field Meeting Minutes Date: Friday, September 08, 2017 8:28:18 AM All -- I also agree that the notes cover what was discussed. Thank you, Andrea Andrea Leslie Mountain Habitat Conservation Coordinator NC Wildlife Resources Commission 20830 Great Smoky Mountain Expressway Waynesville, NC 28786 828-558-6011; 828-400-4223 (cell) www.ncwildlife.org Get NC Wildlife Update delivered to your inbox from the N.C. Wildlife Resources Commission. Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Haupt, Mac Sent: Thursday, September 07, 2017 3:07 PM To: Tugwell, Todd J CIV USARMY CESAW (US) <Todd.Tugwell@usace.army.mil>; Byers, Jake <JByers@mbakerintl.com>; Leslie, Andrea J <andrea.leslie@ncwildlife.org> Cc: Wiesner, Paul <paul.wiesner@ncdenr.gov>; Reid, Matthew <matthew.reid@ncdenr.gov> Subject: RE: Whittier Creek Full Delivery Project Post Contract IRT Field Meeting Minutes Jake, Paul, Notes covered what was discussed, Thanks, Mac -----Original Message ----- From: Tugwell, Todd J CIV USARMY CESAW (US)[mailto:Todd.Tu,gwell@usace.army.mil] Sent: Wednesday, September 06, 2017 9:55 AM To: Byers, Jake <JByers@mbakerintl.com>; Haupt, Mac <mac.haupt@ncdenr.gov>; Leslie, Andrea J <andrea.leslie@ncwildlife.org> Cc: Wiesner, Paul <paul.wiesner@ncdenr.gov>; Reid, Matthew <matthew.reid@ncdenr.gov> Subject: RE: Whittier Creek Full Delivery Project Post Contract IRT Field Meeting Minutes Jake, the notes look good to me. Thanks, Todd -----Original Message ----- From: Byers, Jake [mailto:JByers(&_mbakerintl.com] Sent: Thursday, August 17, 2017 4:09 PM To: Tugwell, Todd J CIV USARMY CESAW (US) <Todd.Tugwell@usace.army.mil>; Haupt, Mac <mac.haupt@ncdenr.gov>; Andrea. leslie@wildlife. org (andrea.leslie@ncwildlife.org) <andrea.leslie@ncwildlife.org> Cc: NCDENR NCEEP (Paul.wiesner@ncdenr.gov) <Paul.wiesner@ncdenr.gov>; matthew.reid@ncdenr.gov Subject: [Non-DoD Source] Whittier Creek Full Delivery Project Post Contract IRT Field Meeting Minutes Please find attached the meeting minutes from the post contract IRT field visit. Please let me know if there is any disagreement with the minutes as presented. Thanks, -Jake Jacob "Jake" Byers, PE I NC Ecosystem Services Manager I Michael Baker Engineering, Inc., a unit of Michael Baker International 797 Haywood Road, Suite 2011 Asheville, North Carolina 28806 1 [O] 828-412-6101 1 [M] 919-259-4814 jbyers@mbakerintl.com <mailto:jb, ersgmbakerintl.com> I Blockedwww.mbakerintl.com <Blockedhttp://www.mbakeiintl.com/> <Blockedhttp://www.mbakerintl.com/> APPENDIX K: (PLAN SHEETS) MICHAEL BAKER ENGINEERING, INC. 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