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HomeMy WebLinkAbout20040895 Ver 1_Mitigation Information_19970415sf- Z? r 06T ?DI Calo,? 6l G? ? jCA?? ?G??l a?? ?6a/vv-'? s fa am WL? GI FRZfwWASHINGTON 03.12.1997 12:06 P.01 FACSIMILE TRANSMITTAL HEADER SHEET fief lee of "to IDM% gee AR 25-11; da OMPOMW a0 MV 6 001WA COMMAND/ NAME! OFFICE TELEPHONE FAX NO. OFFICE T OFFICE SYMBOL NO. WVrOVON/Camm.J (AUTOVON/Cwm) FROM: WASHINCTON REGULATORY CESAW-CO_RW (919) 9759616 (999) 97.5-1399 FIELD OFTICE T0: EiR Gcdco,,6 CLASSIFICATION PRECMENCE NO. PAGES OATE.TIME MONT14 YEAR RELEASER'S SIGNATURE (Including Fle?der! e? , /, y REMARKS ?jj Space Beiaw For Cammunkat/ans Center Use Only DA FORM 391$-R. JUL 90 OA FORM 3913-R, AUG 72 IS OBSOLETE 0,3ft o. V2,00 ` FRO, WASHINGTON 03.12.1997 12:07 P.02 March 6, 1997 Regulatory Branch Action ID. 199601404 Mr. H. Franklin Vick, P.S., Manager Planning and Environmental Braucb Division of Highways North Carolina Dcpwunent of Transportation Post Office Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Vick: My staf'f' has reviewed your January 2, 1997, correspondence requesting our review and comments regarding the North Carolina Department of Transportation's (NCDOT) proposed Nahunta Swamp Wetland Mitigation Bank (NSWMB) in Johnston, Greene and Wayne Counties. The correspondence contained a Conservation Easement, Forest Management Plan, and Generic Mitigation Plan. Also, please reference the minuets from the February 20, 1997, Corps/NCDOT meeting in Raleigh concerning this issue- After reviewing the material and weighing all factors associated with this issue, we have determined that utilizing the proposed NSWMB as a bank for mitigation credits for NCDOT projects is unacceptable. There are many reasons why this proposal is unacceptable and we, will attempt to list the major concerns below: 1. Forestry Practices - We have not nor will we allow managed or unmanaged timber harvesting in wetland mitigation areas. The possible exception would be to entice a limited number of landowners to include their property to produce a continuous and adjacent tract of land between existing fee simple lands. Much of the environmental damage associated with forestry comes from the forestry practices and machinery. North Carolina does not require mandatory Best Management Plan's (BMP's) be employed, therefore, the mitigation area could suffer damage. There are no permanently protected areas or buffer areas, no restrictions on livestock, and mechanical logging operations are authorized even on the banks of perennial waterways. 2. Conservation Easement - It appears that the Wayne County Soil and Water Conservation district will hold the easement in perpetuity, with no mechanism to ensure the area is properly FROM WASHINGTON 03.12.1997 12:07 P.03 managed for a successful mitigation site. The Soil and Water Conservation Districts do not have an established history of preserving or maintaining wetlands. We are not convinced that this organization can properly manage and protect a mitigation area, Information is needed to allow us to make a decision that the easement should be held with a county district. Will the district decide in the future that the area is working and that the stream system needs furtber dredging 7 The conservation easement does not prohibit signs and billboards, impounding, excavating or other earth moving activities, The easement allows the landowner to remove noxious or other undesirable plants in the easement area without determining what a noxious or undesirable plant is. 'these easement comments are preliminary and will not be final comments until our office of council has bad an opportunity to review the final draft plan, 3. Dredged Stream Channels - The primary focus of the Nahunta Swamp project is to improve the water duality of the watershed, Water quality improvement may not be possible with future maintenance dredging of the stream channels, Dredging stream channels and maintenance dredging must be halted and restoration afforts implemented. If full restoration is not possible, then the placement of in-stream structures can increase the flooding frequency, cause meanders to form, and provide fish habitat. 4. Generic Mitigation Plan - Hydrology needs and/or water budgets must be addressed on a site-specific basis. The filling of 100 linear feet of a ditch, as is used for a representative site in the document, will not necessarily be sufficient to meet the hydrology goal(s) for a particular site. Each site must be evaluated (using the check list) before appropriate restoration measures are determined- Site-specific mitigation plates for each tract must be developed, evaluating vegetative and hydrology needs. The sites will not be "debited" before significant efforts are made to evaluate what must be done on each tract to meet site-specific goals and objectives. A procedure which establishes success criteria, monitoring, maintenance, and protection of the mitigation areas must be established. 5. Several resource agencies wrote a joint letter to NCDOT dated April 12, 1996, with suggestions to minimize impacts and to establish debitlcredit ratios for areas which allow timbering. The recommendations appear to have been ignored, which does not instill a sense of "team work" necessary for successful mitigation efforts. In summary, we support the NCIDOT in their efforts to reestablish the riparian wetlands and vegetated buffers along the Nahunta watershed with the goal of improving land and water quality, However, we are concerned that the focus of this mitigation effort has been for the Soil and Water Conservation District to provide benefits for the landowner with minimal concern for functional wetland replacement of wetlands destroyed by NCDOT. It would appear that the fee simple purchase of riparian property would be as economical as conservation leases with landowner control. We appreciate the opportunity to coordinate with your staff prior to the finalization of this FROM WASHINGTON 03.12.1997 12:07 P.04 ' h t mitigation plan. If you have any questions, please contact Mr. Michael Bell, NCDCT Coordinator/ Regulatory Project Manager at my Washington Regulatory Field Office, telephone (919) 975-1616, extension 26. Sincerely, Michael D. Smith, P.W.S. Chief, North Section Regulatory Branch Enclosure Copies Furnished: Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 276 1 1-7687 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. John Hefner US Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. 'T'homas Welborn, Chief Wetlands Regulatory Section - Raleigh IV Wetlands, Oceans and Watersheds Branch US Environmental Protection Agency Atlanta Federal Center 100 Alabama Street, SW Atlanta, Georgia 30303 FROM WASHINGTON 03.12.1997 12:08 P.OS Mr. David Cox NC Wildlife Resources Commission Past Office Box 118 Northside, North Carolina 27564 Mr. Nicholas L. Graf Federal Highway Administration 310 New Bern Avenue, Suite 410 Raleigh, North Carolina 27601 BCF: Wright/CO-R, SmiWCO-RN Lekson/CO-RW Ball/CO-RW O. ?1/ {J? ? ?G r4vbt A'' ?? ? t? ? c B t United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 February 18, 1997 Colonel Terry R. Youngbluth District Engineer, Wilmington District U.S. Army Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Attention Dr. Wayne Wright Dear Colonel Youngbluth: The U.S. Fish and Wildlife Service (Service) has reviewed the draft Nahunta Swamp Wetland Bank Forest Management Plan (plan), dated January 1, 1997, sent to you, and kindly copied to us, by Mr. H. Frank Vick of the North Carolina Department of Transportation (NCDOT). The plan is part of a cooperative pilot project led by the North Carolina Division of Soil and Water Conservation (NCDSWC) and the NCDOT. It is part of a larger program of water and land quality improvement and conservation efforts in the Nahunta Swamp and watershed. The Service has broad goals in any landscape based mitigation scheme: to restore and protect the ecological integrity of native and endemic plant and animal communities. We base our goals on the objectives of the Clean Water Act ("to restore and maintain the chemical, physical, and biological integrity of the Nation's waters"). Any mitigation derived from §§ 401 and 404 should also be primarily based on those objectives. In our opinion, the plan probably meets the minimal regulatory requirements but does not restore or protect native assemblages of plants and animals. Based on the disjunction between our goals and the plan, we are withdrawing our support for the conceptual Nahunta Swamp plan. The plan manages the available woodlands for sawtimber and game species at the expense of native communities of plants and animals. There are no permanently protected areas or habitats, no restrictions on livestock, mechanical logging operations are authorized even on the banks of perennial waterways, harvest rotation is a biologically unreasonable 50 to 60 years, and no provisions are made for protecting the genetic integrity of the area. Further, it is our opinion that the plan does not fully address economic alternatives which may provide important benefits for participating landowners (e.g., property tax relief, estate tax exemptions, and forestry extension support). We offer the following specific comments: 4 Section 1. 1, line 10: "it is impractical to attempt to restore the dredged stream channels..." should be revised to reflect our capacity to (1) install instream structures and materials which may mimic the riverine habitat complexity and enhance thalweg meanders, (2) prohibit, by statute, any future snagging, dragging, or other drain enhancing operations in the subject waters, and (3) plan and initiate a multi-decade effort to elevate all roadways out of the floodplain so that any natural channel restoration will not effect human travel corridors. Section 4.0, paragraph 2, 3rd sentence: "Due to their proximity to natural drainages, bottomland hardwood forests are at least seasonally flooded." should be revised to more accurately reflect the nature of floodplains. They are the natural drainage. Stream channels, flood plain terraces, and levees are all components of an integrated geomorphological feature. Floodplains are by definition a part of the stream channel which hold and direct overbank flow. Floodplains in systems like the Nahunta may at any given period in geologic time be the main channel - channels historically meander throughout the floodplain. Certain species and guilds of flora and fauna which can tolerate the conditions in each floodplain develop nonrandom communities and associations. This includes game animals, woody plants, plants and animals with low economic value (not necessarily related to their ecological value), and organisms within the soil. The community dynamics influence the nutrient dynamics of the floodplain. Nutrient dynamics influence water quality and quantity. Floodplains are integral to ecosystem forms, functions, and structures. The plan partially acknowledges that, but explicitly fails to protect the integrity of the f loodplain as a subunit of the Nahunta Swamp ecosystem. The Service believes that this portion of the text should provide insights into the biogeochemical functions of the floodplain, and how each silvicultural option effects those functions. Ideally, this would provide clear linkages between the goals of the proposed mitigation plan, the role of mitigation in the 404 process, and the various management options. Section 5.1: This section should be modified to ensure that any management regimes reflect natural disturbances from a landscape perspective. Within each habitat type, a set of plants and animals representative of the natural community should be managed for. Management units should be such that patch dynamics and local perturbations are mimicked by management regimes. For example, in an area which permits timber harvest, units should be randomly assigned a management regime. That regime would hold in perpetuity. Among those regimes, no harvest units would be between one fifth and one third of all units. Harvest schedules should be scientifically based to ensure that we are not condoning nutrient mining. That may mean that rotation schedules are 70, 90, and 150 years, or some other schedule. Fifty year rotations are probably unsustainable, and would deplete soil nutrients. Every effort should be made to ensure that depletion of the soils nutrient reserve and organic matter content does not result from any aspect of the plan. Section 5.2: In our opinion, this section does not greatly improve the protection of riparian buffers offered by the state's politically developed management plan. It should be changed to reflect a buffer of about 300' from the edge of the water for any waterway, and no harvest zones should encompass eighty percent or more of the management units in this buffer. Further, harvest should be selective, and either based on preserving key tree species or on density. Prescribed burning may be a preferred management option in this habitat type. This area should be managed as if the stream channels were uncontrolled, and subject to meandering (it is, in fact, our intent to re-establish this important stream feature by creating instream habitat and current deflectors). Section 5.5: We reiterate our concern that the mitigation site be managed by habitat type and a set of representative species. The number and species of woody plants protected should be determined based on factors other than game management. Section 6.0: We reiterate the above. The mitigation bank should be managed for the restoration and protection of native communities of plants and animals. If row cropping or timber harvest are incidentally compatible with the management regime developed (and based on representative plant and animal species) for a particular habitat type, then they should not be prohibited. Low impact activities such as no till agriculture, livestock removal, and timber harvests which mimic small disturbances should be encouraged where such activities can benefit the representative species. Summary of Service Concerns: The Service believes the plan we have reviewed is contrary to the intent of the Clean Water Act. We recommend the following modifications be made: • Instream habitat modifications, including weirs, deflectors, log abatises, and corduroy substrate, should be installed to redirect the thalweg into the last known configuration prior to channelization efforts. No further drain enhancing activities, including, but not limited to, snagging, dragging, and channelization, shall occur in the project area. • The North Carolina Department of Transportation should ensure that no new, improved, or upgraded roadways shall be constructed in the project area. Future maintenance activities should include bridging all wetland or stream crossings in the project area, and restoring impaired hydrologic continuity to the extent practicable. Other maintenance activities should be limited to the extent practicable for safe and efficient motor vehicle use. • The forest management plan should be much more specific about site preparation, species and spacing, cutting practices, etc., and should provide for salvage, chemical, and mechanical operations as appropriate. • The project area should be considered a landscape mosaic; public lands and conservation easements in the mosaic will be expressly managed to restore and protect native communities of fish and wildlife, water quality, and wetland functions and values. Agricultural practices and timber management should be a tool which facilitates the restoration and protection of the ecological integrity of Nahunta Swamp. • Since little or no cash value may derive to property owners from such a mitigation plan, the applicant should purchase the riparian corridors and obtain conservation easements on other parcels deemed valuable from a landscape perspective. A procedure for the identification and approval of land parcels not explicitly connected to the surface waters of Nahunta Swamp should be developed. We envision such a procedure as eliminating potential applicants (individuals or organizations applying for permits to fill wetlands or otherwise discharge into waters of the United States) from this aspect of the mitigation bank. Applicants are the bankroll, and should not be put in a position where they can influence the outcome of the integrity of the mitigation site. • The project area should consist of specific ecological zones based on hydrogeochemical functions, native communities, and physical parameters, not on land ownership patterns or potential yield of food and fiber. We envision three to five habitat types are attainable in the project area. The types, frequency, and magnitude of disturbances permitted in each habitat type should be developed with ecologically defined goals and objectives (we believe the resultant management options would range from timber harvest/no till agriculture to no anthropogenic manipulations). • Habitat unit management should be developed to benefit a representative range of plant and animal species. The species may include high value timber trees, gamefish, or game animals, but only in so much as they are representative of portions of the native community. • Drainage ditches should be backfilled and graded to the extent practicable. • A procedure which establishes perpetual monitoring, maintenance, and protection of the mitigation properties should be established. The Service has previously commented on this proposal (see the April 12, 1996 letter to Mr. David Robinson (enclosed). In that letter, we stated that "we would like to have the maximum number of ecological functions restored to Nahunta Swamp." We made the following recommendations: (1) maximize riparian corridor contiguity, (2) maximize the functional or ecological integrity of the riparian corridor, and avoid the use of boundaries defined by some fixed spatial measure, (3) develop a core mitigation corridor first (along the surface waterways), and examine other areas on a case by case basis, (4) mitigate by restoration, enhancement, and preservation, (5) mitigation sites must be protected in perpetuity, and provide for monitoring and enforcing provisions of easements in perpetuity (we recommended fee simple purchase of the mitigation site), (6) ensure that their is no double dipping of Federal subsidies or responsibilities by participating landowners, (7) allow some timber harvest, but develop no cut zones in the ecologically valuable riparian corridor, and, (8) establish a range of mitigation ratios from 2:1 to 15:1. We note that the letter, and most of the recommendations, were not acknowledged in the plan. The plan undervalues fish and wildlife resources, and has essentially ignored our previous input. The Service intends to discontinue devoting time and staff to this project. We do not wish to mislead project proponents. The plan is, in our opinion, unsatisfactory. Thank you for the opportunity to comment on this matter. If you have any questions or comments, please call Kevin Moody of my staff at (919) 856-4520 extension 19. Sincerely, VY1-A-ft", ohn M. Hefner Field Supervisor enclosure cc: NCDOT, Raleigh, NC (H. Frank Vick, Robin Little) NCDWQ, Raleigh, NC (Eric Galamb) NCWRC, Raleigh, NC (David Cox) COE, Raleigh, NC (Eric Alsmeyer) COE, Washington, NC (Mike Bell) EPA, Wetlands Regulatory Branch, Atlanta, GA (Thomas Welborn) FWS/R4:KMoody:KM/02/11/97:919/856-4520 ext. 19:B:\km-373 car r "Old 4,1? -?-- 12,0 sc) ,N United States Department of the Interior FISH .AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33 726 Raleigh, North Carolina 27636.3726 April 12, 1996 FILE COPY David Robinson, P.E., Permits and Mitigation Unit N.C. Department of Tran=sportation Division of Highways P.O. Box 25201 Raleigh, NC 27611-5201 Re: Proposed Nahunta Swamp Mitigation Bank Greene/Wayne Coun=ies, North Carolina Dear Mr. Robinson: The U.S. Fish and Wildlife Service (Service) is writing tc fzllow up on the interagency on-site tour of the Nahunta Watershed Project on January 23, 1995. This letter represents the views of the N.C. Wildlife Resources Commission (NCWRC) and =he N.C. Department of Environment, ealth and Natural Resources - Division of Environmental Management (NCDE:_V-R - ==M) as well as the Service. We appreciate your efforts to identify pctent-=1 compensatory mitigation sites in advance as well as your interest in coo,-__nating with resource agencies at an early stage. We support the concep= and have outlined several scenarios regarding the project's use as a N.C. Depa__ment of Transportation (NCDOT) mitigation bank that appear accepta_:,_= to us at this time. We are interested in further discussion concerning to establishment of a formal mitigation bars{ and the drafting of a Memorandum of Agreement among agencies involved. As stated in the Nahunta Swamp Watershed Plan and Environ-_ =al Assessment (NCDEHNR - Division of Soil and Water Conservation (DS?iC) - ril 1995) the Nahunta Swamp Watershed has been degraded by excessive eres_zn and nutrients associated with agricu_ =al activities and swine operaticns. It is our understanding that the main run of the swamp was dredged a= -he turn of the century, however, no ac=ive maintenance has occurred in aoprcximately 50 years or is proposed in the future. Much-of the riparian plant cc=unity has been removed and the floodpiain corridor has been ditched, drain== and maintained in agricultural production. Since much of the corridcr is designated as prior converted cropland, the majority of wetlands associated wit= this swamp are no longer considered jurisdictional. As stated in the P_sSess-:==_t, the DEM basinwide management pi=n for the Neuse River ranked Greene and Wayne counties high in need of additicnal Best Management Practices on crcp_and. Contentnea Creek and Trent Creek subbasins ranked the highest in nutr;.er of stream miles impaired by agriculture and Contentnea Creek is estima=ed as contributing 20 percent of the non-poi= source nutrient loading to the lower Neuse estuary. The current degraded ccndition of Nahunta Swamp Watershed is characteristic of many perennial stream systems throughout the state. As resource managers, we would like to have the maximum r_u-per of ecological functions restored to Nahunta Swamp. This can be achieved ?-? filling the feeder drainage ditches and reestablishing a contiguous forested riparian corridor along the stream bed. Such activities would enhanz:e water quality in Nahunta Swamp and dowr_stream waterbodies by filtering nutr_e=:t and silt laden stormwater runoff from adjacent agricultural lands through a vegetated buffer area; naturally stabil-zing the soils and stream banks wit: -vegetative structure; and absorbing and slowly releasing storm and flcc-d waters in a APR 2 5 1996 naturalized floodplain. Furthermore, the forested riparian corridor would provide cover, forage and/or nesting habitat for a variety of wildlife species including resident and migratory birds, deer and small mammals, reptiles and amphibians. Streambank vegetation with overhanging limbs reduces in-stream temperatures and provides forage and cover for resident freshwater fish species. Improved water quality and the provision of detritus from wetland and riparian vegetation enhances downstream waterbodies and thus benefits a variety of aquatic organisms, federal and state listed aquatic invertebrates, and anadromous fish species dependent upon the ecosystem. NCDOT's involvement in the restoration of Na--mta Swamp is contingent upon the mitigation banking potential that can be derived. While acknowledging that any level of effort to restore ecological functions is worthy, the resource agencies are interested in a comprehensive effort to restore the system as a whole if this is to be used as a mitigation hank. Because credits would be debited for wetland impacts throughout the area of applicability, our involvement in a formal mitigation banking agreement would require assurance that NCDOT's efforts would result in significant individual and cumulative contributions to enhanced ecological functions in the watershed. With this in mind, we propose the following recommendations: o Envhasis should be placed on providing maximum connectivity of the forested riparian corridor to avoid a :atchwork of fragmented habitat. o Ke prefer that restoration efforts be focused on maximizing a linear riparian corridor along the swamp and its tributaries rather than focusing on horizontal distance from t_:e stream centerline. o =forts should be concentrated within a 300-foot zone from the stream centerline based on minimum buffer wid.h requirements for neotropical migratory birds and optimal water qualir_y maintenance functioning. Yeas outside of this zone would be reviewed on a case by case basis. o Ne foresee that the mitigation bank wo•--ld consist of restoration, enhancement and preservation components. We do not think that wetland creation would be appropriate. o is extremely important to ensure the protection of the mitigation sites in perpetuity through conservation easement. It is equally important to have an endowment held in escrow for use to monitor the mitigation sites and enforce the terms of the easement. o It is important to ensure that participating private landowners are not receiving benefits from any other government conservation program for the same parcel of property. Equally important, participation in this initiative should not enable the landc•.,,ners to achieve compliance with nest management practices or other regulations for which they are otherwise responsible. We have come up with a variety of scenarios, with commensurate mitigation ratios, that we consider acceptable. Because several private landowners would be involved and existing site conditions vary, we felt that offering flexible mitigation scenarios would increase the likelihood of landowner participation in this initiative. Since we would like to maximize the contiguity of the riparian corridor we would encourage preservation of existing forested wetland and upland buffers in addition to restoratic?. We are trying to offer the greatest possible incentive for NCDOT to purchase the riparian corridor outright, disallow timbering activities, and thus preclude enforcement complications. However, we understand the reed to provide incentive for landowner participation and, therefore, scenarios have been devised to allow timbering with an approved timber management plan. The provisions of a timber management plan have not yet been finalized, however, we anticipate that a no- ,1 cut zone would be designated adjacent to the stream bed. At this time we are proposing the following mitigation scenarios that can be varied site by site: Proposed Mitigation Protection Ratio Scenario 2:1 Restoration via planting and filling ditches; NCDOT purchases property fee simple title; property then donated to conservation organization or conservation easement granted to a land trust; and, no timbering allowed unless the trees are diseased or are e>:oosed to other emergency measures. Other exceptions*may be granted on a case by case basis. 2:1 Restoration via planting and filling ditches; DSWC holds conservation easement; NCDOT provides endowment to be held in escrow for monitoring and enforcement; and, no timbering allowed unless the trees are diseased or are exposed to other emergency measures. Other exceptions may be granted on a case by case basis. 4:1 Restoration via planting and filling ditches; DSWC holds conservation easement; NCDOT provides endowment to be held in escrow for monitoring and enforcement; and, timbering rights, in accordance with an approved timber management plan, maintained by private landowner. 8-10:1 Preservation of existing forested wetlands along corridor; NCDOT purchases property fee simple title and property then donated to conservation organization (or conservation easement granted to a land trust), or DSWC holds conservation easement and NCDOT provides endowment to be held in escrow for monitoring ad enforcement;- and no timbering allowed. High end of mitigation ratio if timbering rights, in accordance with an approved timber management plan, maintained by private landowner. 12-15:1 Preservation of existing forested uplands along corridor; NCDOT purchases property fee simple title and property then donated to conservation orgar_ization (or conservation easement granted to a land trust), or DSWC holds conservation easement and NCDOT provides endowment to be held in escrow for monitoring and enforcement; and no timbering allowed. High en of mitigation ratio if timbering rights, in accordance with an approved timber management plan, maintained by private landowner. The DEM supports the general approach outlined above with the following caveats. The N.C. Environmental Management Commission passed revised rules for the 401 Certification process in March 1996. Many of these changes will be in effect when some of the wetland fills which are anticipated to be credited to this bank are permitted. The mitigation portion of the rules will normally require a minimum cf. 1:1 restoration (or creation) of wetland for unavoidable wetland loss. =c is DEM's understanding that the majority of this project involves restoration. Therefore, this may not be a concern. The other ratios listed above are generally consistent with these new rules. In some unusual cases, the 401 Certification will have to be conditioned to require mitigation in the sa=ne watershed as the impact instead of to this (or any other) bank. The Service, NCWRC and NCDE=?TR-DEM are optimistic that, based on -he partnerships involved and the degree of flexibility proposed, this initiative could yield a high level of participation among private landowners within the Nahunta Swamp Watershed. !tie think this initiative has excellent potential to serve as a model for other watersheds in the state of North Carolina. Please continue to advise us of the progress made on this initiative and thank you for the opportunity to coordinate at an early stage. If the Ser-:ice can supply any additional information or clarification, please contact Katherine Doak, the biologist reviewing this project, at (919)-856-4520, exr- 19. Sincerely yours, John Hefner J Field Supervisor USFWS Frank McBride Manager, Habitat Conservation Program NCWRC - Joh Dorney Bio ogical Supervisor NCDEHNR - DEM JH/KHD CC: NCDEHNR-DEM NCDEHNR-DCM NCDEHNF,-DSWC NCDEHNR-DFR NCWRC USACE USEPA NMFS FHWA N.C. Cooperative Exchange Service Greene Soil and Water Conservation District Wayne Soil and Water Conservation District Conservation Trust for North Carolina North Carolina Coastal Land Trust FWS/R4/KDoak/.CHD:4-12-96/919-856-4520 ext 19/wp:Nahunta.mit Ok RECEIVED JAN i 199 704?? rek:31f '7 'MrrR0NMENt STATE OF NORTH CAROLINA KV DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR. GOVERNOR P.O. BOX 25201. RALEIGH. N.C. 27611-5201 SECRETARY 5?oA dZ_ as January 2, 1997 v,r. V\,® - .415 Dr. Wayne Wright Wilmington District Corps of Engineers 1 Regulatory Branch l wor Post Office Box 1890 Wilmington, North Carolina 28402-1890 Subject: Nahunta Swamp Wetland Mitigation Bank Preliminary Package; Conservation Easement, Forest Management Plan and Generic Mitigation Plan. Dear Dr. Wright: On April 21, 1994, a new concept in wetland mitigation was presented at the monthly NCDOT interagency meeting. The cooperative pilot project was proposed by David Harrison and Carroll Pierce of NCDEHNR Division of Soil and Water Conservation (DSWC) as wetland restoration in farmed floodplains of the Nahunta Swamp within the larger context of the Nahunta Watershed Plan. The Nahunta Watershed Plan is a watershed-wide water and land quality conservation project, using proven elements such as improved tillage practices, livestock management and wetland restoration in the floodplain of Nahunta Swamp. The DSWC was to be responsible for the funding of the agricultural conservation practices and NCDOT agreed to pay for the acquisition of land and the implementation for the wetland restoration sites. On January 23, 1996, an interagency review team visited various representative sites and discussed the remaining issues; forest management, acquisition processes and long-term management issues. All agencies were enthusiastic about the potential values of such a scheme. In April , 1996, a joint letter from USFWS, DEM, NCWRC to NCDOT addressed issues raised in the on-site review meeting and discussed conditions for approval of a wetland mitigation bank within the context of the watershed project. In June, 1996, Triangle Wetland Consultants was authorized to prepare a Forest Management Plan, which was submitted in draft form to NCDOT in early November, 1996. (A complete chronology of the project to date is attached.) Enclosed are three documents which are integral parts of the Nahunta Swamp Wetland Mitigation Bank Project. The draft Conservation Easement language, the draft Forest Management Plan and a generic mitigation plan have been assembled into one "package" for inter-agency review. Comments by the appropriate regulatory personnel will result in a finished 0 04 1 product which can then be provided to the landowners within the Nahunta Watershed. This will begin the process of actually discussing easement acquisition with the landowners and is expected to provide a list of candidate sites for appropriate study and review. Please review the enclosed documents and submit written comments by February 3, 1997. This project has taken two years of multi-disciplinary effort by NCDOT staff and by regulatory agencies. Further coordination is required to bring the actual sites to implementation, but with continued cooperation we feel that this project can result in the restoration of significant wetland acreage and thus improve the water quality of the Nahunta Swamp, Contentnea Creek and eventually the Neuse River, while providing NCDOT with mitigation credits. Thank you for working with us towards this goal. Sincer H. Franklin Vick, P.E., Manager Planning and Environmental Branch cc: w/attachment Dave Lekson/USCOE Mike Bell/USCOE Ken Jolly/USCOE Eric Alsmeyer/USCOE John Dorney/DEHNR/DWQ Eric Galamb/DEHNR/DWQ David Cox/NCWRC Howard Hall/USFWS David Harrison/DSWC Carroll Pierce/DSWC Patty Gabriel/NRCS Wayne/Greene SWCD David Robinson/NCDOT Dave Foster/DEHNR Roy Shelton/FHWA Wendy Gasteiger/FHWA Dennis Pipkin/NCDOT Robin Little/NCDOT NAHUNTA WATERSHED PROJECT CHRONOLOGY April 21, 1994: Cooperative pilot project was proposed by David Harrison and Carroll Pierce of NCDEHNR Division of Soil and Water Conservation (DSWC) as wetland restoration in farmed floodplains of the Nahunta Swamp within the larger context of the Nahunta Watershed Plan. October 20, 1994: Representatives of the COE, DEM, NCDOT and the DWSC discussed the project in relation to COE guidelines regarding acceptable compensatory mitigation for NCDOT wetland impacts. October, 1994: A Memorandum of Agreement (MOA) was signed by the Wayne and Greene County Soil and Water Conservation Districts (SWCDs) and the N.C. Department of Transportation (NCDOT) within the larger context of the Nahunta Watershed Plan. Both parties entered into a cooperative pilot project whereby conservation easements would be procured and mitigation plans implemented subject to USACOE approval by NCDOT and the SWCDs for up to 500 acres of potential wetland restoration. The final acreage is largely dependent on landowner participation, although NCDOT has purchased and developed a 172 acre mitigation site and has contacted other interested landowners within the watershed. December 27. 1994: The draft Nahunta Watershed Plan and Environmental Assessment was submitted to the COE for comment. The final draft was completed in April, 1995. The Watershed Plan and Environmental Assessment (EA) addressed the reduction of erosion and nutrient run-off due to agricultural practices, and was prepared under the authority of the Watershed Protection and Flood Prevention Act - Public Law 83-566 and under Section 102(2)(c) of the National Environmental Policy Act of 1969, Public Law 91-190 by the Wayne and Greene County Soil and Water Conservation Districts (SWCD), the NCDEHNR Division of Soil and Water Conservation (DSWC), the US Department of Agriculture/Natural Resources Conservation Service and the USDA/Forest Service. March, 1995: Attempts to establish a fixed price per acre for conservation easements resulted in a proposal in June by NCDOT to the SWCDs to establish prices on a case by case basis. Review of the Conservation Easement language was completed by the NCDOT Attorney General's office in late April, 1995. October, 1995: The SWCD responded to the NCDOT proposal on individual negotiation with landowners on easement or fee-simple purchase price. January 23. 1996: An interagency review team visited various representative sites and discussed the remaining issues; forest management, acquisition processes and long-term management issues. June. 1996: Triangle Wetland Consultants was authorized to prepare a Forest Management Plan, which was submitted in draft form to NCDOT in early November, 1996. January 3, 1997: Preliminary Package of draft Forest Management Plan, draft Conservation Easement and generic Mitigation Plan distributed to agencies for comments. Post Office Box 33604 Raleigh, North Carolina 27636 Phone (919) 782-3792 Fax (919) 787-4999 WETLAND CONSULTANTS NAHUNTA SWAMP WETLAND BANK FOREST MANAGEMENT PLAN Prepared For: North Carolina Department of Transportation Permits and Mitigation Section Highway Building 1 South Wilmington Street Raleigh, NC 27611 Prepared By: Triangle Wetland Consultants P.O. Box 33604 Raleigh, NC 27636 January 1, 1997 1.0 Introduction The Nahunta Swamp watershed encompasses approximately 60,378 acres (24,444 hectares) in parts of Johnston, Greene, and Wayne Counties, NC within the Coastal Plain physiographic province (Figure 1). Nahunta Swamp is a tributary to Contentnea Creek in the lower Neuse River basin. Land use within the watershed includes cropland (52%), grassland (2%), and woodland/misc. (46%) (NCDEHNR, 1995). The entire Neuse River basin has been designated as "nutrient sensitive" by the North Carolina Environmental Management Commission and the Nahunta Swamp/Contentnea Creek watershed is a major source of nutrient and sediment inputs to the lower Neuse River. Major causes for these nutrient and sediment inputs within the Nahunta Swamp watershed include the lack of a vegetated stream buffer, agricultural drainage improvements, and cultivation of bottomland fields. Due to the severity of agricultural (nutrient and sediment) runoff and sensitivity of the lower Neuse River basin, a watershed plan was prepared by the North Carolina Department of Environment, Health, and Natural Resources and the U.S.D.A. Natural Resources Conservation Service (NCDEHNR, 1995). Some of the recommendations contained in this plan included conversion of 1,000 acres (405 ha) of cropland to permanent vegetation and restoration of 500 acres (202 ha) of prior converted wetlands. For a more detailed discussion of the watershed plan refer to Nahunta Swamp Watershed Plan and Environmental Assessment (NCDEHNR, 1995). 1.1 Wetland Restoration Forested wetland restoration efforts within Nahunta Swamp watershed would focus on existing agricultural fields adjacent to the main channel of Nahunta Swamp, The Slough, and other tributaries. There are approximately 1,200 acres (486 ha) of prior converted wetlands (mapped as Johnston soil series) within the 100 year floodplain along Nahunta Swamp and its tributaries (NCDEHNR, 1995). Most of these areas and the associated stream channels have been extensively modified to facilitate agricultural production. The main channels were previously dredged and channelized, and the associated floodplain fields were drained by installation of subsurface tiles and surface ditch systems. The latter modifications were probably implemented in the 1940's through the 1960's although the exact dates have not been determined. While it is- " ?-) impractical to attempt to restore the dredged stream channels, restoration of wetland hydrology within the adjacent fields is possible. The Johnston soil series (Cumulic Humaquepts) is characterized by a seasonally high water table and frequent flooding in an undrained condition (Barnhill, 1990; Barnhill et al., 1974; S.C.S., 1991). Therefore, hydrologic restoration would focus on the removal/destruction of subsurface tile fields and plugging existing surface ditches to restore the seasonally high water table. These activities would result in retention of upland runoff and periodic overbank flooding within the floodplain of the stream. /J Composition of the original bottomland forests within the study area can only be inferred since much of these forests were cleared for agricultural production. The few remaining stands within the study area have been substantially modified due to selective logging practices. The predominant site types within the study area probably supported Coastal Plain Bottomland Hardwoods as described by Schafale and Weakley (1990). The description of this natural 2 V \ ?T C $, - "' l') YY AYY? OOOM1Yx °~ ?/ Ctl ONYI ' :•? ? IOOI? ? ? ? - NYP1 ND ? - ?-: ? Ce` I ` oY Iwo £.roe _ ?-v?+?`'? _ OY eO°s \ _ \?i?°Y ?xy13???a_? : .V \ 0 _ ') b x?]yyp MY?_ + ° Otl X01305 u ' LACNIP t 30 le ? '1 0 FF P ?o 75 0 `•. ?-: ?° 'rk ° ?? o? ',d• bar. ; I- OJ 3NAVfA 35 4? o Oy '-? r EIAC Eon ? 1 ? ?ylb)EPV 1ENbNC" ;)1rR 3 OI bI 1 "S?j. Oy ` `-°T\ .. a to -c N 1 ? ` \ ___ 1f Y3MYE .31 IN 1 c 1 " I ? b s? J+> / AJYOx _ E 'j E < J U?J O. _??? JYl U ? •''t' ??yy £ c ?aJ yt \ . \ Ip yc ag, ILI '? °t ? 7 Mm ? •?7 Figure 1: Nahunta Swamp Watershed and Project Area Johnston, Greene, and Wayne Counties, NC Scale: 1" = 12,500' 3 community type includes the following dominant species: laurel oak (Quercus laurifolia), overcup oak (Quercus lyrata), willow oak (Quercus phellos), water oak (Quercus nigra), red maple (Acer rubrum), loblolly pine (Pinus taeda), Atlantic white cedar (Chamaecyparis thyoides), and sweetgum (Liquidambar styracifZua). The understory may include red maple, red bay (Persea palustris), American holly (Ilex opaca), and sweetbay (Magnolia virginiana) (Schafale and Weakley, 1990). Natural floodpiain depressions and backswamps may have supported Cypress- Gum Swamps which would be dominated by baldcypress (Taxodium distichum) and water tupelo (Nyssa aquatica). Associated species might include black willow (Salix nigra), swamp cottonwood (Populus herterophylla), and water hickory (Carya aquatica) (Schafale and Weakley, 1990). Recent data from a relatively undisturbed bottomland hardwood stand along Contentnea Creek near Hookerton indicates the dominant overstory species at that location included sweetgum, swamp tupelo (Nyssa biflora), overcup oak, swamp chestnut oak (Quercus michauxii), and willow oak (Beissel, 1996). Brown (1993) indicated that the most extensive bottomland forest associations in the Southern Coastal Unit of North Carolina (including Greene and Wayne Counties) were Sweetbay-blackgum-red maple (687,565 ac [278,366 ha]) and Sweetgum-water oak-willow oak (357,789 ac [144,854 ha]). Broadfoot (1976) indicated that green ash, baldcypress, laurel oak, overcup oak, swamp chestnut oak, water oak, persimmon, sweetgum, sycamore, swamp tupelo, water tupelo, and yellow poplar should be favored by forest management activities on Johnston soils in the Midsouth region. Based on the latter data, the bottomland hardwood community types to be restored would include the mixed hardwood type and the cypress-tupelo type (Johnson and Shropshire, 1983). Cypress- tupelo community types would be restored on the wettest sites where flooding and anaerobic soil conditions would limit the establishment of a mixed hardwood stand. The mixed hardwood community that would be established on most sites would include a substantial component (i.e. >50%) of oak (Quercus) species. A list of potential tree species for use in restoration efforts is presented in Table 1. Table 1: Potential species for use in mixed hardwood and cypress-tupelo wetland restoration in the Nahunta Swam watershed - Plant Species- ecies Common Name Shade Tolerance Planting density mixed hardwood type (730 trees/acre) uercus michauxii swam chestnut oak intolerant 146 trees/acre uercus ni ra water oak intolerant 146 trees/acre uercus hellos willow oak intolerant 146 trees/acre Fraxinus enn lvanica green ash tolerant 146 trees/acre N ssa hi ora swam black m intolerant 146 trees/acre cypress-tupelo type (730 trees/acre) uercus l rata overcu oak intermediate 365 trees/acre N ssa a uatica water tupelo intolerant 183 trees/acre Taxodium distichum bald cypress intermediate 183 trees/acre 'Shade tolerance values from Burns and Honkala (1990) 4 2.0 Bottomland Hardwood Forest Products The primary commercial products produced by bottomland forests include hardwood fiber (from deciduous tree species) and hardwood sawtimber. However, landowners may also realize income from hunting leases as well. According to market statistics, the production of hardwood roundwood in the southern U. S. has increased by 44% in the last decade (Johnson and Steppleton, 1996). Hardwood species now account for approximately 30% of the total consumption of roundwood by the pulp industry in the Southern U.S., as compared with 11% in 1952 (Bechtold and Sheffield, 1991; Johnson and Steppleton, 1996). By the year 2000, hardwood use in pulping is projected to increase to 40% of the total roundwood consumption (Kellison et al., 1988). Hardwood roundwood consumption for pulping in the southeast U.S. is expected to increase from 576 million ft3 (16.3 million m) in 1990 to a peak of 821 million ft3 (23.2 million m) in 2010 (Haynes et al., 1995). In general, the southern U.S. produces more hardwood roundwood for pulp than any other region in the country, with 1986 production exceeding 106 billion ft3 (30 billion m) (Bechtold and Sheffield, 1991). In addition, increased timber supplies from the southeast U.S. are expected to compensate for decreased supplies of timber from the Pacific Northwest (Haynes, 1990). Hardwood pulpwood production in North Carolina increased from 266,000 cords in 1953 to 2,032,000 cords in 1993 (Johnson, 1996). Hardwood pulpwood production from Greene and Wayne Counties, NC was 15,500 and 30,100 cords, respectively, in 1995 (Johnson and Steppleton, 1996). Hardwood products produced in Greene and Wayne Counties, NC could be utilized by the Celotex Corporation mill at Goldsboro, NC, which has a capacity of 100 tons pulp/day (Johnson and Steppleton, 1996). In addition, Johnson and Steppleton (1996) indicated that at least three mills compete for hardwood roundwood products from Green and Wayne Counties, NC. Although most of the hardwood roundwood (58%) produced in North Carolina was utilized by mills within the state, a substantial market exists for export of pulpwood to other states (Johnson and Steppleton, 1996). Average 1992 pulpwood prices for hardwood roundwood and hardwood chips in North Carolina were $16.95 and $19.90 per green ton, respectively (Howell, 1994). 3.0 Forest Harvesting Effects on Wetland Functions and Values Wetland functions can be defined as the physical, chemical, and biological properties of a wetland contributing to the overall integrity of the ecosystem. Examples of wetland functions include primary productivity, litterfall, decomposition, organic export, sediment deposition/retention, nutrient transformation and retention, wildlife habitat, and surface water storage (Mitsch and Gosselink, 1993; Taylor et al., 1990; Wilkinson et al., 1987). Wetland values can be defined as the monetary worth or importance of a wetland characteristic as determined by society. Examples of wetland values include forest products (i.e. timber, pulp, etc.), hunting, fishing, flood desynchronization, water quality protection, aesthetics, and recreation (Richardson, 1994; Smith et al., 1995). Wetland values are determined by societal trends; however, the magnitude of a particular wetland value is regulated by the associated wetland functions. For example, timber harvest is considered to be a wetland value. The value of timber harvest in a particular wetland is determined by society through economic factors (i.e. supply and demand), but the magnitude of that value is also dependent upon a variety of wetland functions including primary productivity, litterfall, decomposition, and biogeochemical cycling. In addition, wetland functions are affected by a variety of ecological processes and characteristics. For example, the primary productivity of a particular wetland is affected by other wetland functions including decomposition, litterfall, and biogeochemical cycling. These functions are regulated by a variety of ecological processes and characteristics including hydroperiod, nutrient mineralization, soil hydraulic conductivity, soil bulk density, sedimentation rates, microrelief, and plant community composition. Forest management practices may result in a variety of direct physical alterations that impact wetland functions and values in bottomland forests (Waldbridge and Lockaby, 1994). The primary physical alterations resulting from forest management activities include the removal of overstory and understory tree species and changes in soil properties and microrelief as a result of equipment traffic (Rust and Lea, 1992; Freese, 1994; Perison et al., 1993; Trettin, 1992). These physical alterations may result in a variety of indirect effects to soil physical and chemical properties, hydrologic characteristics, and biological communities (Table 2). Table 2: Potential direct and indirect effects of forest harvesting on wetland functions in bottomland forests Forest harvesting Direct (indirect) effects activity Equipment traffic 1. Rutting due to traffic (increased microrelief and surface roughness resulting in increased sediment and surface water retention, altered surface flows) 2. Root system disturbance (reduced vigor and increased mortality of stump sprouts resulting in decreased primary productivity, altered species composition, and reduced regeneration) 3. Reduced soil hydraulic conductivity (altered hydroperiod and lower soil redox potential resulting in anaerobic conditions, lowered productivity, and reduced nutrient mineralization 4. Increased soil bulk density (reduced root growth near soil surface and reduced infiltration resulting in reduced productivity and increased surface runoff Overstory removal 1. Increased solar radiation at soil surface (temporary increase in evaporative losses from soil surface and increase in organic matter decomposition resulting in increased export of nutrients and organic carbon from the system and increased natural regeneration of shade intolerant species) 2. Decrease in mature overstory species (temporary decrease in hard and soft mast production, decrease in litterfall, altered overstory species composition, reduction in specific habitat features such as dead snags and cavity/den trees, and temporary reduction in vertical stratification) Equipment traffic on wetland sites may result in a variety of soil physical alterations. The type of equipment, intensity of trafficking, and season of harvest (i.e. wet vs. dry) affect the magnitude 6 of the disturbance. The use of tracked skidders resulted in less soil compaction as compared with compaction due to the use of rubber-tired skidders in a Mississippi bottomland (Murosky and Hassan, 1988). Aust and Lea (1992) found that the operation of rubber-tired skidders on an Alabama bottomland site resulted in reduced saturated hydraulic conductivity and resulted in prolonged waterlogging and reduced soil aeration. The effects of rubber-tired skidders on soil physical properties can be reduced somewhat by limiting traffic and using wider tires (McDonald et al., 1995; Jackson and Stokes, 1991). Soil physical alterations due to machine traffic are also dependent on season (i.e. wet vs. dry). In general, wet season harvesting results in displacement of the soil, rutting, and reduced hydraulic conductivity while dry season harvesting may result in increased bulk density (Murosky and Hassan, 1988; Karr et al., 1987; Gent et al., 1983). However, the specific effects of machine traffic are highly dependent on soil type and soil texture. Equipment traffic may also affect the survival, growth, and regeneration of desirable overstory species. Zaebst et al. (1995) found that species regeneration was altered seven years after skidder and helicopter harvest in an Alabama tupelo-cypress wetland. Aboveground biomass of regenerating water tupelo was greater and aboveground biomass of regenerating Carolina ash (Fraxinus caroliniana) was lower on skidder harvested plots as compared with the aboveground biomass for those species on helicopter harvested plots (Zaebst et al., 1995). The altered species composition was explained by the reduced hydraulic conductivity and reduced soil aeration on the skidder harvested plots which favored regeneration of water tupelo (Zaebst et al., 1995). The fine root systems of bottomland tree species are concentrated near the soil surface in the aerobic zone. Machine traffic on wet sites can potentially damage these fine root systems and directly affect stump sprouts by physical damage. Lloyd et al. (1992) found that 86% of all species resprouted within a low traffic harvest area but only 60% resprouted within a high traffic harvest area in an Alabama headwater swamp. Hart et al. (1995) found that stump sprouting from oak species in Mississippi stream bottoms was reduced by intensive logging with ground based equipment (i.e. skidders). In addition to a reduction in stump sprouting, excessive equipment traffic may alter the species composition of the regenerating forest. Freese (1994) found that certain undesirable species such as Cyrilla racemiflora (red titi) and Cliftonia monophylla (black titi) accounted for a greater proportion of the aboveground biomass on skidder harvested plots in an Alabama headwater swamp. The latter studies indicate that intensive trafficking by ground based equipment may alter species composition of regenerating bottomland forests. Overstory removal during forest harvesting operations may also affect wetland functions and values. Removal of relatively mature overstory species is analogous to ecological retrogression and results in altered energy flows within the ecosystem. Odum (1969) contrasted the developmental and mature stages of ecosystem development and indicated that the mature stages are characterized by low net community production, closed biogeochemical cycles, slow nutrient exchange, large internal organic pools, high species diversity, and good nutrient conservation. In contrast, developmental stages are characterized by high net community production, open biogeochemical cycles, rapid nutrient exchange, small internal organic pools, lower species diversity, and poor nutrient conservation. Large scale overstory removal (i.e. clearcutting) can result in temporary, rapid losses of nutrients and subsequent reduction in wetland functions (Vitousek and Reiners, 1975; Gorham et al., 1979). However, these losses are generally small 7 and temporary for accepted forest harvesting practices (Binkley and Brown, 1993; Blackburn and Wood, 1990). Overstory removal also affects the spatial characteristics of the forest and specific habitat features such as cavity trees and dead snags. These changes may benefit some wildlife species dependent on early successional habitats, but may negatively affect species dependent on relatively mature forest habitat. In general, forest harvesting at the stand level is compatible with the maintenance of most wildlife species (Wigley and Roberts, 1994). The response to forest harvesting and interactions among diverse assemblages of wildlife species are too numerous to summarize in this document; however, the implementation of an uneven-aged silvicultural system (i.e. group selection) combined with the retention of specific habitat features (i.e. cavity trees and snags) is believed to provide a good balance between timber harvest and maintenance of diverse wildlife habitat (Thompson et al., 1992; Pashley and Barrow, 1992). 4.0 Silvicultural Options for Bottomland Forests Silviculture can be defined as the theory and practice of controlling forest establishment, composition, and growth (Smith, 1962) and the term silvicultural system connotes a group of forest management activities ranging from establishment or regeneration through harvest (Burns, 1983; Smith, 1962). At least 19 different bottomland forest cover types have been described for the United States (Eyre, 1980). Bottomland forests can be found along rivers and streams, backwater and headwater swamps, and minor drainages throughout the Eastern U. S. Due to their proximity to natural drainages, bottomland forests are at least seasonally flooded. Some backswamp or deep swamp areas may remain flooded throughout most of the growing season. The soil types typically found on floodplains and the nutrient subsidy present in floodwaters create conditions conducive to high productivity; however, the saturated or flooded soils in these bottomland forests present unique management challenges. The proposed hydrology and plant community composition of the restored bottomland forests within the study area were described in a previous section of this report. Historically, access to most bottomland forests has been limited due to flooding and/or saturated soils. Although bottomland forests encompass a diverse assemblage of plant community types, past management activities have been relatively similar. Limitations to the operation of ground based equipment and a historically low demand for hardwood pulp have resulted in selective harvest of only high quality sawtimber from many bottomland stands. This type of harvesting activity has led to "high grading" of many bottomland forests. Many "high graded" stands are currently dominated by shade tolerant species with poor form and low commercial value; therefore, the typical silvicultural prescription is a clearcut. Clearcutting results in the removal of all desirable and undesirable stems and regeneration of both shade tolerant and intolerant species through a variety of natural sources including residual desirable saplings, stump sprouts, seedling sprouts, and seed sources. 8 Based on the site characteristics and existing data on the forest composition within the study area, the proposed bottomland forest restoration would be primarily classified as the mixed hardwood type, with cypress-tupelo established on only the wettest site types (Johnson and Shropshire, 1983). The typical silvicultural system for even-aged bottomland forests is a clearcut followed by natural regeneration from residual stems, stump sprouts, and seedling sprouts (Lea, 1988; Kellison et al., 1988; McKevlin, 1992; Walker and Watterson, 1972). Alternate silvicultural systems for both even-aged and uneven-aged stands may include shelterwood cuttings, group selection, and single tree selection (Kellison et al., 1988). 4.1 Clearcutting Method Clearcutting followed by natural regeneration is the most commonly used silvicultural system for bottomland hardwoods. The clearcut method involves the complete removal of all desirable and undesirable growing stock from a stand. Most hardwood species are prolific sprouters; therefore, the stand is naturally regenerated by stump sprouts or coppice growth as well as seed and seedling sprouts. The advantages of this system include limiting equipment traffic (usually during harvest only), removal of undesirable growing stock, regeneration of desirable shade intolerant species (i.e. bottomland oak species), and maximizing economic returns for the landowner. Hart et al. (1995) indicate that satisfactory oak regeneration on minor bottoms throughout Mississippi is dependent on large [> 1 ft (0.3 m)] advance oak reproduction in the understory followed by complete clearcutting of the overstory. Oak regeneration following harvest in this study originated from stump sprouts and advance reproduction (Hart et al., 1995). Hook (1988) indicated that opportunities for regeneration of cypress-tupelo swamps by techniques other than clearcutting are quite limited. Zaebst et al. (1995) and Gardiner et al. (1995) found that cypress- tupelo swamps in Alabama regenerated successfully following clearcut harvest with skidder and helicopter removal of logs. However, both studies indicate substantial decreases in saturated hydraulic conductivity of the soil on sites harvested with skidders (Gardiner et al., 1995; Zaebst et al., 1995). Toliver and Jackson (1989) recommend clearcut sizes of at least 3 ac (1.2 ha) to ensure regeneration of shade intolerant species, and retention of at least two cavity/den trees per 5 ac (2 ha) block. Disadvantages of this system include undesirable aesthetic impacts and alteration of wildlife habitat features including temporary reduction of horizontal and vertical forest stratification, cavity/den trees, and food sources. Large scale clearcuts are more likely to result in temporary reduction of wetland functions and increase of non-point source pollution from sediment and nutrient losses (Binkley and Brown, 1993). 4.2 Shelterwood Method The shelterwood method involves the gradual removal of both desirable and undesirable trees from a stand through a series of partial cuttings over a relatively short fraction of the rotation age (Smith , 1962). The shelterwood method generally involves a series of cuttings beginning with a preparatory cutting (low thinning) or seed cut to provide growing space and favor natural reproduction of desirable species in the understory. The preparatory cut and/or seed cut is followed by one or a series of removal cuttings to provide economic return and remove mature 9 trees. The advantages to a shelterwood system include a high degree of control over regeneration of a stand, favored production of large diameter trees, maintenance of forest cover (i.e., reduced aesthetic impact), and maintenance of certain wildlife habitat features. Hook (1988) indicated that the shelterwood method was useful for promoting advanced oak reproduction and preventing wildlife habitat fragmentation. Barry and Nix (1993) found that removal of 16% to 33% of overstory basal area resulted in substantial increases in new oak seedlings in the understory of Congaree River bottomland hardwood stands in South Carolina. Toliver and Jackson (1989) recommend removal of all undesirable understory stems and approximately 50% of the overstory basal area. Approximately 40-50 seedlings and/or sprouts per acre are sufficient to ensure an adequate oak component in the regenerating stand (Aust et al., 1985). Disadvantages of the shelterwood method include repeated machine traffic during a rotation, potential damage to standing trees, increased technical demand (i.e. data collection and technical input during cutting cycle), and decreased economic returns due to intermediate treatments. 4.3 Selection Method The selection methods (single tree and group) generally apply to the maintenance of uneven-aged stands and are generally employed to extract some economic return and promote regeneration within the existing stand. As the name implies, single tree selection results in the removal of individual trees while the group selection results in the removal of groups of trees. The size of these groups may vary, but a minimum area of 1 to 5 ac (0.4 to 2.0 ha) is recommended to ensure regeneration of shade intolerant species (Golden, 1993; Golden, 1995; Toliver and Jackson, 1989). In some instances, a group selection may resemble a series of small scale clearcuts. Improperly applied single tree selection, that is the removal of only high quality merchantable trees, results in "high grading" and is not recommended for regeneration of shade intolerant species. Single tree selection cuttings may be applicable in sensitive areas such a streamside management zones (SMZ's). The group selection method combined with cavity tree/snag management and adequate riparian buffers is well suited to maintain a diversity of wildlife habitat and features, reduce forest fragmentation, and provide economic returns for the landowner (Hook, 1988; Pashley and Barrow, 1992; Wigley and Roberts, 1994). Several oak species were successfully regenerated in a variety of Alabama bottomland hardwood stands using group selection cuttings between 0.75 and 3.8 ac (0.3 and 1.5 ha) (Golden, 1993; Golden, 1995). After two growing seasons, Golden (1993) reported that the number of established water and willow oak stems in group selection cuttings increased from 6% (preharvest) to 45% after cutting in an Alabama River floodplain stand dominated by sweetgum and sugarberry (Celtis laevigata). Post harvest seedling density of water oak increased 78% in group selection cuttings harvested in the summer along the Tombigbee River in Alabama (Golden, 1995). Goelz and Meadows (1995) reported that oak species should comprise a substantial portion of overstory basal area prior to cutting for successful regeneration after selection cuttings in Mississippi. Disadvantages of both single tree and group selection include limited ability to regenerate shade intolerant species, increased technical demands to properly employ this method, and decreased economic return for landowners. Shaffer et al. (1993) found that the harvesting costs for group 10 selection cuttings in the Jefferson National Forest, Virginia increased 15% to 25% as compared with conventional clearcut harvests. Table 3 provides a brief comparison of different silvicultural systems. Regardless of the silvicultural system employed, it is likely that bottomland oak species will compose a substantial proportion of the overstory basal area of relatively mature stands if adequate advance regeneration is present prior to harvest. Recently harvested stands are generally dominated by fast growing pioneer species such as green ash and sweetgum. Oak species gradually assume a more dominant position as the stand ages (Kennedy and Meadows, 1993; Nix and Lafaye, 1993). Clearcutting is reported as the most suitable silvicultural system for cypress-tupelo stands (Gardiner et al., 1995; Hook, 1988; Zaebst et al., 1995). However, we found no studies that addressed the use of alternate silvicultural systems in cypress-tupelo stands. Table 3: Comparison of Silvicultural Systems for Restored Bottomland Hardwoods Characteristic of Silvicultural System Clearcut Method Shelterwood Method Group Selection Method Single Tree Selection Method Technical requirements/difficulty low moderate moderate high Net economic returns high moderate moderate low Frequency of equipment traffic low moderate moderate high Maintenance of forest cover low high moderate high Regeneration of shade intolerant bottomland oakspecies high moderate high low Maintenance of specific habitat features (i.e. cavity trees/snags) flexible flexible flexible flexible maintenance of a specific density of cavity/den trees may be incorporated into all silvicultural systems 5.0 Proposed Forest Management Guidelines Restored bottomland hardwood stands are dynamic systems similar to natural forests. Multiple use management of these systems requires flexibility of management guidelines. Forest managers must be able to respond to changing conditions within a stand and manage large tracts of land according to accepted forest management procedures. Landowners are concerned about economic returns on their investment, preservation of wildlife habitat for hunting, and maintenance of additional wetland values for recreation and aesthetics. Therefore, the proposed forest management guidelines for Nahunta Swamp have been formulated specifically to maintain the functions and values of restored wetlands and ensure the necessary flexibility for landowners and forest managers. 11 5.1 Allowable Harvest and Silvicultural Systems Forest managers need the flexibility of a variety of silvicultural tools in order to respond to the dynamic conditions found within bottomland forests. Therefore, there will be no restrictions placed on the type of silvicultural system used for managing the restored bottomland forests within the Nahunta Swamp Wetland Mitigation Bank (NSWMB). However, restrictions will be placed on the allowable size and location of management units within a particular tract. Management units (i.e. areas to be thinned, harvested, or otherwise manipulated during silvicultural operations) will be limited to 5 ac (2 ha). Individual landowner parcels may be irregularly shaped; therefore, there will be no restrictions on the shape of management units. Silvicultural activities (particularly thinning and harvesting operations) on adjacent management units will be restricted to ten (10) year intervals. Therefore, no two adjacent management units will be thinned or harvested within 10 years of each other (Figure 2). The purpose of limiting management unit size and frequency of activity is to promote a mosaic of interconnected, uneven aged stands across the project area. Landowners may harvest or thin a maximum of approximately 50% of the restored forest area within their tract. However, harvested blocks are limited to 5 ac (2 ha) and may not be adjacent to one another. The remaining 50% of the restored forest area may be harvested or thinned at a ten (10) year interval. The latter example is not intended to encourage landowners to maximize thinning and/or harvesting operations on their tracts. Landowners may choose to promote values other than timber harvest such as hunting. 5.2 Streamside Management Zones (SMZ's) p Streamside management zones (i.e. riparian buffers) will be maintained along every intermittent and perennial stream according to best management practices for forestry in North Carolina's wetlands (NCDEHNR, 1993). The size of the SMZ will be dependent on the type and size of the adjacent stream (Table 4). The specific operational guidelines within SMZ's are as follows: • Only selective cutting of trees greater than 8 in (20 cm) DBH will be allowed e No more than 30% of the basal area should be removed within a ten (10) year period. This allows for the extraction of valuable sawtimber trees, firewood, and cull trees, but maintains a fully vegetated SMZ • At least two cavity/den trees will be maintained for every 5 ac (2 ha) • No equipment traffic will be permitted within SMZ's, except for stabilized stream crossings which should be constructed according to state BMP guidelines (NCDEHNR, 1989) Table 4: Guidelines for width of SW's within NSWMB' Perennial Streams Stream Width SMZ width >30ft(9m) 100ft(30m) <30ft(9m) 50ft(15m) Intermittent Streams All 50 ft (15 m Source: NCDEHNR (1993) 12 5.3 Timing of Silvicultural Activities All traffic associated with Silvicultural activities (i.e. thinning, harvesting, etc.) will be limited to dry periods. All equipment traffic should be limited when the soil is saturated or flooded. These equipment traffic limitations do not include normal traffic associated with recreational activities, firewood cutting, or site inspection by the landowner. 5.4 Road Construction Construction of additional permanent roads within the NSWMB will be prohibited. Stabilized stream crossings and skid trails may be utilized during harvest. Specifications for stabilized stream crossings are available in the Forestry Best Management Practices Manual (NCDEHNR, 13 (INTERMITTENT STREAM is :; !ii!�iiiii!! i'liil!i! il!iil .. � j!II!i NMI ! yid I: i!i:i!iai!!i+"I I.i.:.. ! HillIM€ i°o ° 60 FOOTS MZ li yra! n u:aiia^:a ii �ijriaa:,ill i:,�,,:::•r,,s::: ! iiiii' r:iili jii ii!!:al u:ia !!�II,j:.:G ut a,r:I:r!:�! a�,,,,� ,:,.� � ": ilaii'!° j's.rirr• ...i r:„:i:I...:a!l;rl'i�a,r:. 4 !jjl ir! 1 0 y ciiilt!'ii!! :1 ::::::::.1 i...i r...:;:: :::,�i::� �::a::r:::�:!:e::a::.�.ssa:aa::a•:a-a,�::, 0 Z r O1• U J y l 4• 1 l 4 l FKi(!lillilli!ii3 ;•ter .I . i . i!!li!'is iiir!!i!„e` I I., ! y u r. Ir. ! l .:.... _..—NAHU itTAF.- C5112.. ------_ _.. �......�..—.— swAMe. _.._.._.._.._.._.._..__ PROPERTY BOUNDARY _ EVEN # =ODD # — — SMZ (RIPARIAN BUFFER) UNITS D UNITS Figure 2: Example of Management Units and Streamside Management Zones for Nahunta Swamp Wetland Mitigation Bank SWMB 5.3 Timing of Silvicultural Activities All traffic associated with Silvicultural activities (i.e. thinning, harvesting, etc.) will be limited to dry periods. All equipment traffic should be limited when the soil is saturated or flooded. These equipment traffic limitations do not include normal traffic associated with recreational activities, firewood cutting, or site inspection by the landowner. 5.4 Road Construction Construction of additional permanent roads within the NSWMB will be prohibited. Stabilized stream crossings and skid trails may be utilized during harvest. Specifications for stabilized stream crossings are available in the Forestry Best Management Practices Manual (NCDEHNR, 13 1989). A sufficient road network currently exists within the project area to provide access for harvesting operations and recreational activities. 5.5 Cavity/Den Tree Management At least two cavity/den trees for every 5 ac (2 ha) will be maintained throughout the NSWMB across all management units. Preferably, these cavity/den trees will be large bottomland oak species in order to maintain hard mast production and oak seed sources throughout the NSWMB project area. The proposed forest management guidelines for the Nahunta Swamp restoration plan were formulated to meet specific objectives. These objectives include: preserve and perpetuate the anticipated functions and values of the restored bottomland forests, provide participating landowners with reasonable economic incentives through future allowable timber harvests, and maintain throughout the rotation specific wildlife habitat features such as hard mast producing species (i.e. bottomland oak species), cavity/den trees, and forested riparian corridor. The specific provisions contained in this plan regulate the frequency, timing, and extent of harvest and address the maintenance of wetland functions and values. Wetland functions and values of the restored bottomland forests are preserved by maintenance of specific wildlife habitat features such as riparian corridors, cavity/den trees, and hard mast producing species and preservation of water quality functions by limiting wet season equipment traffic, prohibiting new road construction, and establishing a riparian buffer (Table 5). 6.0 Potential Economic Returns on Wetland Forest Restoration The following example analysis outlines potential forest growth and yield and potential economic returns for landowners participating in the Nahunta Swamp restoration program. This analysis is intended to illustrate the maximum potential economic returns for the landowner. Individual landowners participating in this program may not wish to follow the aggressive thinning and harvesting schedule we outlined. Our analysis assumes projected yields from mixed bottomland Table 5: Components of Proposed Forest Management Plan for Nahunta Swam Specific Provision of Plan Effect on Wetland FunctionNalue harvest area limit (5 ac (2 ha) limit) maintains wildlife habitat values by providing continuous forest cover, reduces fragmentation effect prohibit wet season harvest reduces risk of rutting and soil disturbance from equipment traffic maintain 50-100 ft (15-30 m) riparian buffer maintains continuous riparian buffer important for nutrient and sediment retention maintain 2 cavity/den trees per 5 ac (2 ha) maintains specific habitat features for cavity nesting species and seed trees for hard mast production prohibit new road construction reduces erosion and potential hydrologic alterations from new road construction mandate state approved BMPs ensures that landowners will follow state recommended procedures for forest practices in wetlands 14 plantations according to the Bottomland Yield Projection System (Mengel and Young, 1993). Growth projections of bottomland plantations is based on data from bottomland oak plantations and natural bottomland stands (Frederick, 1996; Kennedy and Meadows, 1993; Bowling and Kellison, 1983; McClure and Knight, 1984; Walker and Watterson, 1972; Aust et al., 1985; Stine et al., 1995) (Figure 3). Measured site index for mixed bottomland oaks on Johnston soils ranges between 90-110 (Broadfoot, 1976). Actual growth and yield of these plantations may exceed our estimates. Landowners should evaluate their individual needs and balance the production of commercial forest products, wildlife habitat/hunting, and recreation within the framework dictated by this plan. This example analysis prescribes thinnings at 25 and 35 years followed by sawtimber harvests at 50 and 60 years (Figure 4). Thinnings should be conducted primarily for timber stand improvement and should favor desirable oak growing stock. 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The value of hunting leases is assumed to be $3.00/acre/year. The schedule of silvicultural activities, forecasted expenditures, and forecasted economic returns is outlined in Table 6. It should be noted that the forecasted economic expenditures for restoration, maintenance, and monitoring of the mixed bottomland stands will be absorbed by NCDOT. Estimated restoration (i.e. establishment) costs for the mixed bottomland stands within NSWMB include hydrologic restoration (ditch plugging, etc.), site preparation costs (disking, subsoiling, herbicide application), seedling costs, and planting costs. Maintenance and monitoring include data collection and remedial measures to ensure the success of the restoration effort within an initial limited time period (usually 3-5 years). Estimated returns do not include incidental costs to the landowner such as consulting forestry professionals, harvesting costs, and transportation costs. 16 Table 6: Schedule of Silvicultural Activities and Forecasted Economic Return for Example Analysis of Restored Bottomland Hardwood Stands at NSWMB Stand Management Silvicultural Activity Estimated Economic Comments Age Units Return 1996 dollars 0 all stand establishment - $750 - $1,000/ac' includes site preparation, herbicide application, planting, hydrologic modifications, seedlings, etc. 0-5 all stand monitoring - $100 - $200/ac 1 routine monitoring & remedial action (replanting, etc.) 25 even # units TSI - improvement + $198/ac pulpwood harvest of I Icords/ac, (5 ac. blocks) thinning thinning should favor high quality oakspecies 35 odd # units TSI - improvement + $252/ac pulpwood harvest of 14 cords/ac, (5 ac. blocks) thinning thinning should favor high quality oakspecies 50 even # units clearcut harvest w/ + $216/ac pulpwood remove all stems to 2" DBH, residual cavity/den + $3713/ac sawtimber pulpwood harvest of 12 cords/ac, trees @ 2 trees/5 ac oak sawtimber harvest of 16.5 MBF/ac 60 odd # units clearcut harvest w/ + $144/ac pulpwood remove all stems to 2" DBH, residual cavity/den + $5400/ac sawtimber pulpwood harvest of 8 cords/ac, trees @ 2 trees/5 ac oak sawtimber harvest of 24 MBF/ac 60 all single tree selection + $1575/ac sawtimber remove 30% of basal area in large harvest in SMZ's w/ diameter oak species, oak residual cavity/den sawtimber harvest of 7 MBF/ac trees 2 trees/5 ac 0-60 all hunting leases + $3/ac/ misc. huntin leases Costs paid by NCDOT 6.0 Conclusions Most of the natural bottomland hardwood forests within the Nahunta Swamp watershed have been cleared for agriculture, ditched, and drained. Due to the conversion of these forests to agriculture, Nahunta Swamp has become a major source of nutrient and sediment pollution to the lower Neuse River basin. Restoration of bottomland forests within the Nahunta Swamp watershed would improve the functions and values attributed to these sites including water quality improvement, wildlife habitat restoration, and recreational opportunities. The key to a successful restoration program within the Nahunta Swamp watershed is landowner cooperation. Many landowners are concerned about limitations placed upon their parcels and resource regulatory agencies are concerned about the restoration and maintenance of wetland functions and values. Many landowners within Nahunta Swamp watershed currently derive annual income from their parcels through the production of agricultural commodities. Successful implementation of a large scale forested wetland restoration program within the watershed is contingent upon multiple use management of the restored wetlands. Landowners may derive periodic income from their parcels through timber harvest and hunting leases. In addition, landowners may cut firewood and use 17 their parcels for a variety of recreational activities. Minor restrictions placed on forest management activities ensure the maintenance of wetland functions and values including diverse wildlife habitat. 7.0 Literature Cited Aust, W.M., J.D. Hodges, and R.L. Johnson, 1985. The Origin, Growth, and Development of Natural, Pure, Even-Aged Stands of Bottomland Oak. Pages 163-177 in Proceedings of the 3`a Biennial Southern Silvicultural Research Conference. U.S.D.A. Forest Service, Southern Forest Experiment Station, General Technical Report SO-54, New Orleans, LA. Aust W.M. and R. Lea. 1992. Comparative Effects of Aerial and Ground Logging on Soil Properties in a Tupelo-Cypress Wetland. For. Ecol. Mgmnt. 50:57-73. Barnhill, W.L. 1974. Soil Survey of Wayne County, North Carolina. U.S.D.A. Soil Conservation Service in cooperation with the North Carolina Agricultural Experiment Station, Washington, D.C. Barnhill, W.L. 1990. Soil Survey of Greene County, North Carolina. U.S.D.A. Soil Conservation Service in cooperation with North Carolina Agricultural Research Service, North Carolina Agricultural Extension Service, and Greene County Board of Commissioners. Washington D.C. Barry, J.E. and L.E. Nix. 1993. Impact of Harvesting Activities on Oak Seedling Establishment in a Bottomland Hardwood Forest. Pages 155-158 in Proceedings of the 7th Biennial Southern Silvicultural Research Conference. U.S.D.A. Forest Service, Southern Forest Experiment Station, General Technical Report SO-93, New Orleans, LA. Bechtold, W.A. and R.M. Sheffield. 1991. Hardwood Timber Supplies in the United States. Tappi Journal 74(5):111-116. Beissel, K. 1996. A Comparison of Vegetational, Edaphic and Hydrologic Characteristics of Riverine Forested Wetlands of the North Carolina Coastal Plain. MS Thesis, North Carolina State University, College of Forest Resources, 57pp. Binkley, D. and T.C. Brown. 1993. Management Impacts on Water Quality of Forests and Rangelands. U. S.D.A. Forest Service, Rocky Mountain Forest and Range Experiment Station, General Technical Report RM-239, Fort Collins, CO. Blackburn, W.H. and J.C. Wood. 1990. Nutrient Export in Stormflow Following Forest Harvesting and Site Preparation in East Texas. J. Environ. Qual. 19:402-408. Bowling, D.R. and R.C. Kellison. 1983. Bottomland Hardwood Stand Development Following Clearcutting. S. J. Appl. For. 7:110-116. 18 Broadfoot, W.M. 1976. Hardwood Suitability for and Properties of Important Midsouth Soils. U.S.D.A. Forest Service, Southern Forest Experiment Station, Research Paper SO-127. New Orleans, LA. 84 p. Brown, M.J. 1993. North Carolina's Forests. U.S.D.A. Forest Service, Southeastern Forest Experiment Station, Resource Bulletin SE-142. Asheville, NC. Burns, R.M. 1983. Silvicultural Systems for the Major Forest Types of the United States. U.S.D.A. Forest Service, Agricultural Handbook No. 445. Washington, D.C. Burns, R.M. and B.H. Honkala. 1990. Silvics of North America. U. S.D.A. Forest Service, Agricultural Handbook 654, Washington D.C. Eyre, F.H. 1980. Forest Cover Types of the United States and Canada. Society of American Foresters, Washington, D.C. 148 pp. Frederick, D.J. 1996. Unpublished forest inventory data for hardwood plantations in a Piedmont Stream Bottom. Department of Forestry, North Carolina State University, Raleigh, NC. Freese, D.A. 1994. Timber Harvesting Effects on Ecosystem Functions in Headwater Forested Wetlands of Southwestern Alabama. Ph.D. Dissertation, Department of Forestry, North Carolina State University, Raleigh, NC. 166 pp. Gardiner, E.S., J.D. Hodges, and S.H. Schoenholtz. 1995. Effects of Harvesting Methods on Site and Regeneration in Cypress-Tupelo Swamps. Pages 216-219 in Proceedings of the 8"' Biennial Southern Silvicultural Research Conference. U.S.D.A. Forest Service, Southern Research Station, General Technical Report SRS-1, Asheville, NC. Gent, J.A., R. Ballard, and A.E. Hassan. 1983. The Impact of Harvesting and Site Preparation on the Physical Properties of Lower Coastal Plain Forest Soils. Soil Sci. Soc. Am. J. 47:595-598. Goelz, J.C.G. 1995. A Stocking Guide for Southern Bottomland Hardwoods. S. J. Appl. For. 19(3):103-104. Golden, M. S. 1993. Establishment of Regeneration in Small Patch Clearcut Openings in am Alabama River Floodplain Forest. Pages 161-167 in Proceedings of the 7t' Biennial Southern Silvicultural Research Conference. U.S.D.A. Forest Service, Southern Forest Experiment Station, General Technical Report SO-93, New Orleans, LA. Golden, M. S. 1995. Establishment of Oak Regeneration in Group Selection Openings in a River Floodplain Forest. Pages 413-418 in Proceedings of the 8`h Biennial Southern Silvicultural Research Conference. U.S.D.A. Forest Service, Southern Research Station, General Technical Report SRS-l, Asheville, NC. Gorham, E., P.M. Vitousek, and W.A. Reiners. 1979. The Regulation of Chemical Budgets over the Course of Terrestrial Ecosystem Succession. Ann. Rev. Ecol. Syst. 10:53-84. 19 Hart, C.P., J.D. Hodges, K. Belli, and J. Stanturf. 1995. Evaluating Potential Oak and Ash Regeneration on Minor Bottoms in the Southeast. Pages 434-442 in Proceedings of the 8t' Biennial Southern Silvicultural Research Conference. U.S.D.A. Forest Service, Southern Research Station, General Technical Report SRS-1, Asheville, NC. Haynes, R.W. 1990. An Analysis of the Timber Situation in the United States: 1989-2040. U.S.D.A. Forest Service, Rocky Mountain Forest and Range Experiment Station, General Technical Report RM-199, Fort Collins, CO. 268 p. Haynes, R.W., D.M. Adams, and J.R. Mills. 1995. The 1993 RPA Timber Assessment Update. U.S.D.A. Forest Service, Rocky Mountain Forest and Range Experiment Station, General Technical Report RM-GTR-259, Fort Collins, CO. 65 p. Hook, D.D. 1988. Alternatives to Clearcutting in Lowland Hardwood Forests. Pages 34-43 in Proceedings of the 16'h Annual Hardwood Symposium of the Hardwood Research Council: Hardwood Supply - Feast or Famine, Cashiers, NC. Howell, M. 1994. Pulpwood Prices in the Southeast, 1992. U.S.D.A. Forest Service, Southeastern Forest Experiment Station, Research Note SE-369. Asheville, NC. Hutchins, C.C. 1991. Southern Pulpwood Production, 1989. U.S.D.A. Forest Service, Southeastern Forest Experiment Station, Resource Bulletin 5E-119, Asheville, NC. 28 p. Jackson, B.D. and B.J. Stokes. 1991. Low Impact Harvesting Systems for Wet Sites. Pages 701- 709 in Coleman, S.S. and D. G. Neary (eds.), Proceedings of the Sixth Biennial Southern Silviculture Conference. U.S.D.A. Forest Service, Southeastern Forest Experiment Station, General Technical Report SE-70, Asheville, NC. Johnson, R.L. and F.W. Shropshire. 1983. Bottomland Hardwoods. Pages 175-179 in R.M. Burns (ed.), Silvicultural Systems for the Major Forest Types of the United States. U.S.D.A. Forest Service, Agricultural Handbook No. 445. Washington, D.C. Johnson, T.G. 1996. Trends in Southern Pulpwood Production, 1953-1993. U.S.D.A. Forest Service, Southern Research Station, Resource Bulletin SRS-3, Asheville, NC. Johnson, T.G. and C.D. Steppleton. 1996. Southern Pulpwood Production, 1995. U.S.D.A. Forest Service, Southern Forest Station, Resource Bulletin SRS-8. Asheville, NC. Kellison, R.C., J.P. Martin, G.D. Hansen, and R. Lea. 1988. Regenerating and Managing Natural Stands of Bottomland Hardwoods. Bottomland Hardwood Management Taskforce, Southeastern Technical Division, American Pulpwood Association, APA 88-A-6, Washington, D.C. 20 Kennedy, H.E. and J.S. Meadows. 1993. Species Composition and Stand Development 21 Years After Clearcutting in a Bottomland Wetland Forest. Pages 49-56 in Proceedings of the 7"' Biennial Southern Silvicultural Research Conference. U.S.D.A. Forest Service, Southern Forest Experiment Station, General Technical Report SO-93, New Orleans, LA. Lea, R. 1988. Management of Eastern United States Bottomland Hardwood Forests. In the Ecology and Management of Wetlands, Volume 2: Management, Use, and Value of Wetlands. Timber Press, Portland, OR. Lloyd, S.M., R.H. Jones, B.,G. Lockaby, and L. Reyneud. 1992. Effects of harvesting activity on tree regeneration in three Alabama branch-bottom forests. Pages 869-873 in Proceedings of the 13'h Annual Conference of the Society of Wetland Scientists, New Orleans, LA. McClure, J.P. and H.A. Knight. 1984. Empirical Yields of Timber and Forest Biomass in the Southeast. U.S.D.A. Forest Service, Southeastern Forest Experiment Station, Research Paper 5E-245, Asheville, NC. McDonald, T.P., B.J. Stokes, and W.M. Aust. 1995. Soil Physical Property Changes After Skidder Traffic with Varying Tire Widths. J. For. Engr. 6(2):41-50. McKevlin, M.R. 1992. Guide to Regeneration of Bottomland Hardwoods. U.S.D.A. Forest Service, Southeastern Forest Experiment Station, General Technical Report SE-76, Asheville, NC. Mengel, D.L. and M.J. Young. 1993. A User's Guide to the Bottomland Yield Projection System (BYPS). College of Forest Resources, Hardwood Research Cooperative Series No. 8, North Carolina State University, Raleigh, NC. Mitsch, W.J. and J.G. Gosselink. 1993. Wetlands, second edition. Van Nostrand Reinhold, New York, NY 722 pp. Murosky, D.L. and A.E. Hassan. 1988. Impact of Machine Traffic on a Wetland Hardwood Site. Paper Number 88-7545, American Society of Agricultural Engineers, St. Joseph, MI. NCDEHNR. 1989. Forestry Best Management Practices Manual. North Carolina Department of Environment, Health, and Natural Resources and U.S.D.A. Natural Resources Conservation Service, Raleigh, NC. NCDEHNR. 1993. Best Management Practices for Forestry in North Carolina's Wetlands (DRAFT). North Carolina Department of Environment, Health, and Natural Resources and U.S.D.A. Natural Resources Conservation Service, Raleigh, NC. 21 NCDEHNR. 1995. Nahunta Swamp Watershed Plan and Environmental Assessment. North Carolina Department of Environment, Health, and Natural Resources and U.S.D.A. Natural Resources Conservation Service, Raleigh, NC. Nix, L.E. and A. Lafaye. 1993. Successful Regeneration of Quality Oaks in a Red River Bottomland Hardwood Stand of South Carolina. Pages 81-85 in Proceedings of the 7"' Biennial Southern Silvicultural Research Conference. U.S.D.A. Forest Service, Southern Forest Experiment Station, General Technical Report SO-93, New Orleans, LA. Odum, E.P. 1969. The Strategy of Ecosystem Development. Science 164:262-269. Pashley, D.N. and W.C. Barrow. 1992. Effects of Land Use Practices on Neotropical Migratory Birds in Bottomland Hardwood Forests. Pages 315-320 in Status and Management of Neotropical Migratory Birds. U. S.D.A. Forest Service, Rocky Mountain Forest and Range Experiment Station, General Technical Report RM-229, Fort Collins, CO. Perison, D.M., R. Lea, and R. Kellison. 1993. The Response of Soil Physical and Chemical Properties and Water Quality to Timber Harvest and Soil Disturbance: Preliminary Results. Pages 143-146 in Proceedings of the 76' Biennial Southern Silvicultural Research Conference. U.S.D.A. Forest Service, Southern Forest Experiment Station, General Technical Report SO-93, New Orleans, LA. Richardson, C.J. 1994. Ecological Functions and Human Values in Wetlands: A Framework for Assessing Forestry Impacts. Wetlands 14 (1): 1-9. Schafale, M.P. and A. S. Weakley. 1990. Classification of the Natural Communities of North Carolina, Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, N.C. Department of Environment, Health, and Natural Resources, Raleigh, NC. SCS. 1991. Hydric Soils of the United States. U.S.D.A. Soil Conservation Service, Miscellaneous Publication Number 1491. Washington, D.C. Shaffer, R.M., K.R. Brummel, and B.J. Stokes. 1993. The Impact of Group Selection Silviculture on Timber Harvesting Productivity and Cost in the Southern Appalachians. Pages 651-653 in Proceedings of the 7"' Biennial Southern Silvicultural Research Conference. U.S.D.A. Forest Service, Southern Forest Experiment Station, General Technical Report SO-93, New Orleans, LA. Smith, D.M. 1962. The Practice of Silviculture. John Wiley and Sons, New York, NY. 578 pp. Smith, R.D., A. Ammann, C. Bartoldus, and M.M. Brinson. 1995. An Approach for Assessing Wetland Functions Using Hydrogeomorphic Classification, Reference Wetlands, and Functional Indices. U.S. Army Corps of Engineers, Waterways Experiment Station, Wetlands Research Program, Technical Report WRP-DE-9, 71 pp. plus appendices. 22 Stine, M., J.L. Chambers, M. Wilson, and K. Ribbeck. 1995. Twenty-Year Survival and Growth of Six Bottomland Hardwood Species. Pages 500-502 in Proceedings of the 8t` Biennial Southern Silvicultural Research Conference. U.S.D.A. Forest Service, Southern Research Station, General Technical Report SRS-1, Asheville, NC. Taylor, JR., M.A. Cardamone, and W.J. Mitsch. 1990. Bottomland Hardwood Forests: Their Functions and Values. Pages 13-86 in Ecological Processes and Cumulative Impacts Illustrated by Bottomland Hardwood Wetland Ecosystems, J.G. Gosselink, L.C. Lee, and T.A. Muir (eds.), Lewis Publishers, Chelsea, MI. 708 pp. Thompson, F.R., J.R. Probst, and M.G. Raphael. 1992. Silvicultural Options for Neotropical Migratory Birds. Pages 353-361 in Status and Management of Neotropical Migratory Birds. U.S.D.A. Forest Service, Rocky Mountain Forest and Range Experiment Station, General Technical Report RM-229, Fort Collins, CO. Toliver, J.R. and B.D. Jackson. 1989. Recommended Silvicultural Practices in Southern Wetland Forests. Pages 72-77 in D.D. Hook and R. Lea (eds.) The Forested Wetlands of the Southern United States, U.S.D.A. Forest Service, Southeastern Forest Experiment Station, General Technical Report SE-50, Asheville, NC. Trettin, C.C. 1992. Silvicultural Effects on Functional Processes of a Boreal Wetland. Ph.D. Dissertation. Department of Forestry, North Carolina State University, Raleigh, NC. Vitousek, P.M. and W.A. Reiners. 1975. Ecosystem Succession and Nutrient Retention: A Hypothesis. Bioscience 25(6):376-381. Waldbridge, M.R. and B.G. Lockaby. 1994. Effects of Forest Management on Biogeochemical Functions in Southern Forested Wetlands. Wetlands 14(1):10-17. Walker, L.C. and K.G. Watterson. 1972. Silviculture of Southern Bottomland Hardwoods. Bulletin 25, School of Forestry, Stephen F. Austin State University, Nacogdoches, TX. Wigley, T.B. and T.H. Roberts. 1994. A Review of Wildlife Changes in Southern Bottomland Hardwoods Due to Forest Management Practices. Wetlands 14(1):41-48. Wilkinson, D.L., K. Schneller-McDonald, R.W. Olson, and G.T. Auble. 1987. Synopsis of Wetland Functions and Values: Bottomland Hardwoods with Special Emphasis on Eastern Texas and Oklahoma. U.S.D.I. Fish and Wildlife Service, Biological Report 87(12), Washington D.C. Zaebst, T.W., W.M. Aust, S.H. Schoenholtz, and C. Fristoe. 1995. Recovery Status of a Tupelo- Cypress Wetland Seven Years After Disturbance: Silvicultural Implications. Pages 229-235 in Proceedings of the 8`'' Biennial Southern Silvicultural Research Conference. U.S.D.A. Forest Service, Southern Research Station, General Technical Report SRS-1, Asheville, NC. 23 M D R A F T - SUBJECT TO REVISION - MARCH, 1996 CONSERVATION EASEMENT DEED THIS CONSERVATION EASEMENT dated this - - - day of - - - - - - -, 199-, by and between __ _______ ____ __ ____ _ ___ herein referred to as the "Grantor" or "Landowner", and the Wayne Soil and Water Conservation District, herein referred to as the "Grantee". The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns. The Grantor covenants with the Grantee, that Grantor is seized of the premises described below in section I in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinbelow described is subject to the following exceptions: (LEAVE SPACE FOR EXCEPTIONS) (NEED EXAMPLES OF EXCEPTIONS) This easement is under the authority and furtherance of the provisions of State and Federal law, including the Soil and Water Conservation Districts Law of 1937 (State), Conservation and Historic Preservation Act (Federal), section 1462 of the Food, Agriculture, Conservation, and Trade Act of 1990 (Federal), the Watershed Protection and Flood Prevention Act of 1954 (Federal),Federal Executive Order 11988 - Flood Plain Management (May 24, 1977), and Federal Executive Order 11990 - Protection of Wetlands (May 24, 1977). The restrictions and covenants contained in this easement constitute a perpetual servitude on and run with the property. The Grantor, all successors, and assigns ("landowner") under this deed covenant with the Grantee to do or refrain from doing, severally and collectively, the various acts mentioned later in this easement. The Grantee is conveyed the rights enumerated in this easement for itself, its successors, agents and assigns. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant bargain, sell and convey unto the Grantee, an appurtenant conservation easement in, over and under the lands described hereafter with the appurtenant right of access. This conservation easement is created pursuant to the N.C. Historic Preservation and Conservation Agreements Act and in furtherance of Purposes of State and Federal Law set forth above and is granted in perpetuity. This appurtenant conservation easement and right of access is located on land situated in --------------- Township, Wayne County, North Carolina and more particularly described below in section I. A7 D R A F T - SUBJECT TO REVISION - MARCH, 1996 I. Description of the Easement Area and Access Thereto: The area subject to the Conservation Easement, referred to herein as the "easement area" is described as follows: (DESCRIPTION - EASEMENT SHOULD STOP AT NCDOT RIGHT-OF-WAYS AND AT LEAST 100 FEET FROM NCDOT BRIDGES) The property hereinabove described was acquired by Grantor by instrument recorded in ------------------------------------------------------- 2 D R A F T - SUBJECT TO REVISION - MARCH, 1996 II. Covenants by the Landowner. A. No dwellings, barns, outbuildings, or other structures shall be built within the easement area. B. The vegetation and hydrology of the described easement area will be established for the landowner according to a Wetland Restoration Plan developed between the Grantee and cooperating Federal and State agencies. Said plan will be consistent with the preservation and enhancement of floodplain and wetland functional values. After the plan is implemented, the easement area will not be altered in any way or by any means or activity on the property conveyed by this deed, or property owned or under the control of the landowner, including (1) cutting or mowing; (2) cultivation; (3) grazing; (4) burning; (S) placing of refuse, wastes, chemicals, sewage, or other debris; (6) draining, dredging, channeling, filling, leveling, discing, pumping, diking, impounding, or related activities; or (7) diverting or affecting the natural flow of surface or underground waters into, within, and out of the easement area except as noted in this easement. C. The landowner will be allowed to selectively harvest timber in accordance with a Wetland Timber Management Plan developed with concurrence of the US Army Corps of Engineers. Said plan will be consistent with the preservation and enhancement of floodplain and wetland functional values. D. Notwithstanding the provision of paragraph II-B above, the landowner shall be responsible for compliance with all federal, state, and local laws for the control of noxious or other undesirable plants on the easement area. The responsibility for such plant control may be assumed in writing by and at the option of the Grantee where the control or manipulation of such plants is deemed by the Grantee to affect easement management programs or policies. E. Cattle or other stock shall not be permitted on the easement area, except that the Grantee shall permit access to and use of waters within the area necessary for stock watering under such terms and conditions as the Grantee deems necessary to protect and further the purposes of this easement, provided: (1) the Grantor bears the costs of building and maintaining fencing or other facilities reasonably necessary to preclude stock from entering the easement area; and (2) access for stock watering need not be permitted where other waters are reasonably available from other sources outside the easement area. 3 j. D R A F T - SUBJECT TO REVISION - MARCH, 1996 III. Rights Conveyed to Grantee. The Grantee and its successors or assigns, is conveyed the rights, at its sole discretion, to manage the easement area including the following authorities: A. The rights of reasonable ingress and egress on and across any and all lands and easements of the landowner ("servient estate") as of the date of this instrument, whether or not adjacent or appurtenant to the easement area, for access to the easement area in order to conduct wetlands management, monitoring, and easement enforcement activities. The Grantee may utilize vehicles and other reasonable modes of transportation for access purposes overland or on any right of way described in paragraph I. In the event that the use of the described access over the servient estate is not practical for any reason, the Grantee may utilize any convenient route of access to the easement area over the servient estate. B. The rights to install, operate, and maintain structures for the purpose of reestablishing, protecting, and enhancing wetland functional values including the taking of construction materials to and from said sites. C. The right to establish, alter, and otherwise control vegetation through seedings, plantings, or natural succession. D. The right to alter or otherwise control vegetation, topography and hydrology on the easement area through diking, pumping, water management, excavating, island construction, burning, cutting, pesticide application, fertilizing, and other appropriate practices. E. The right to prevent grazing or other types of encroachment on the easement area. IV. Easement Management and Administration. A. All rights, title and interests of the Grantee in this easement are administered by the Wayne Soil and Water Conservation District. The Wayne Soil and Water Conservation District may enforce all the terms and conditions of this easement, along with exercising all rights and powers conveyed in this easement through such general or specific regulations or orders as have been or may be, from time to time, promulgated under the authority of the Soil and Water Conservation Districts Law of 1937. Notwithstanding the above rights in paragraph III, conveyed to the Grantee, the Wayne Soil and Water Conservation District may permit the landowner to pursue such activities on said sites as would be consistent with the preservation and enhancement of floodplain and wetland functional values. B. As used in this easement, the term "Grantee" shall refer to the authorized official of the Wayne Soil and Water Conservation District. 4 ?, D R A F T - SUBJECT TO REVISION - MARCH, 1996 V. General Provisions. A. The agreed upon purposes of this easement are the restoration, preservation, and maintenance of the wetland and floodplain areas including protection and enhancement of plant and animal habitat and populations. A "Wetland" is defined by reference to section 7(c) of Federal Executive Order 11990 - Protection of Wetlands and a "floodplain" is defined by reference to section (6)c of Federal Executive order 11988 - Flood Plain Management. Any ambiguities in this easement shall be construed in a manner which best effectuates wetland preservation. B. Any subsequent amendment to or repeal of any federal or state law or order which authorizes this easement shall not affect the rights conveyed to the grantee or subsequently held by its successors or assigns. C. For purposes of this easement, wetland management rights conveyed to the grantee include, but are not limited to, inspection for compliance with the terms of this easement and any other activity consistent with the preservation and enhancement of wetland functional values. D. The Grantee, its successors and assigns shall have the right to make surveys, take photographs, and prepare such other documentation as may be necessary or desirable to administer the provision of this easement. Any such map, plat, or other suitable document may be recorded in the land records of the respective county in which the property is located. E. The easement does not authorize public entry upon or use of land. The landowner may permit it at the landowner's discretion. F. The landowner and invitees may hunt and fish on the easement area in accordance with all Federal, State, and local game and fishery regulations. G. The North Carolina Department of Transportation holds any rights to the use of the restored wetland area for compensatory mitigation. H. This easement shall be binding on the Grantor, their heirs, successors, or assigns. The Grantor covenants to warrant and defend unto the Grantee, its successors, or assigns, the quiet and peaceable use and enjoyment of the land and interests in the land constituting this easement against all claims and demands. I. In the performance of any rights of the Grantee under this easement, the Grantee may permit, contract, or otherwise provide for action by employees, agents, or assigns which may include the landowner. 5 D R A F T - SUBJECT TO REVISION - MARCH, 1996 VI. Enforcement and Remedies. A. Upon any breach of the terms of this conservation Easement by the Grantor, their heirs, successors, or assigns, which comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall have ninety (90) days after receipt of such notice to undertake actions that are reasonably calculated to promptly correct the conditions constituting such breach. If the breach remains uncured after ninety (90) days, the grantee may exercise any or all of the following remedies: 1. Institute suits to enjoin any breach or enforce any covenant by temporary an/or permanent injunction either prohibitive or mandatory and/or to recover any damages from injury to any conservation values protected by this Conservation Easement, including damages for the loss of scenic, aesthetic, historic, or environmental values and attorneys fees if Grantee prevails; and 2. Require that the land be restored promptly to the condition required by this Conservation Easement. B. The Grantee has the right to prevent any activity on or use of the Property that is inconsistent with the purpose of this Conservation Easement. Grantee's remedies shall be cumulative and shall be in addition to any other rights and remedies available to Grantee at law or equity. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the Property, the Grantee may pursue its remedies without prior notice to Grantor, but shall exercise reasonable efforts to notify Grantor. C. No failure on the part of Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right of Grantee to enforce the same in the event of a subsequent breach or default. D. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or from prudent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Property resulting from such causes, in accordance with the provisions of Paragraph II.B. hereunder. TO HAVE AND TO HOLD, the herein described interests in land unto the Grantee forever. WITNESS, the signature of the Grantor. WITNESS, the signature of the authorized officer of the Grantee. Chairman, Wayne Soil and Water Conservation District 6 NAHUNTA SWAMP WETLAND RESTORATION PLAN OF OPERATION The primary goal in this wetland restoration plan is the restoration of bottomland hardwood habitat adjacent to Nahunta Swamp and it's tributaries (riparian areas) to improve water quality and improve wildlife and aquatic habitat. All restoration work will be done on Johnston soils. The vegetation to be established will trap sediment and nutrients from adjoining cropland as well as provide food and cover for both game and non-game species. The restored riparian area will also provide valuable wildlife travel corridors along the stream. Field No. 2 represents a typical prior converted wetland in Nahunta Swamp Watershed. The field consists of 8 acres of Johnston loam soils currently being farmed. Johnston soils in a natural state are very poorly drained, nearly level soils on wide, flat, low flood plains along large drainageways. The seasonal high water table is at the surface. Flooding is very frequent (more often than once in two years) and of long duration (seven days to one month from November through July). A representative profile near the junction of Exum Mill Branch and Nahunta Swamp includes: Ap - 0 to 10 inches, very dark-grey (10YR 3/1) loam Al - 10 to 28 inches, black (10YR 2/1) loam Blg - 28 to 32 inches, grey (10YR 5/1) sandy loam B2g - 32 to 45 inches, grayish-brown (10YR 5/2) sandy loam Cg - 45 to 65 inches, light-grey (10YR 7/1) sand There are no restrictive layers in the soil. Hydrology is a function of landscape position and frequent flooding. There is an intercepter ditch (Ditch 1) running parallel with Nahunta Swamp, separating the upland area from the flood plain. This ditch controls most of the hydrology for the field by intercepting the overland and subsurface flow from the upland areas. There is a property line ditch (Ditch 2) that directs the flow from Ditch 1 to Nahunta Swamp. Ditch 2 has a limited effect on the hydrology but must remain open for the adjoining landowner unless he can be persuaded to cooperate with the wetland restoration program. A major goal of the Soil & Water Conservation Districts will be to have as many adjacent landowners cooperating as possible to increase the effectiveness of the project. NRCS's standards and specifications for wetland restoration' will be followed except that the US Army Corps of Engineers' recommendations' for species composition and survival rates will take precedence. The US Army Corps of Engineers recommends a minimum of 6 hardwood species with no more than 20% of any one species. Planting will be on a 10 foot by 10 foot spacing (435 tree er acre). The goal will be a minimum of 320 trees per acre survivin years after the wetland hydrology has been reestablished. Pine will no planted and should account for less than 10% of the total site speci 'Natural Resources Conservation Service Technical Guide, Section IV, Practice Code 657, Wetland Restoration, (July, 1992) 2Com ensator Hardwood Mitigation Guidelines, US Army Corps of Engineers, December, 1993 ?mk4 G ? MARCH 28, 1996 D R A F T Tree planting will be done before the hydraulic modifications are made to reduce seedling mortality. The wetland hydrology will be reestablished in as simple a manner as possible to reduce operation and maintenance costs. It is anticipated that earthen plugs, 100 feet in length, can be used to block the drainage ditches and restore the hydrology. The number of plugs and their location will be determined during individual field planning. In some situations it may be necessary to fill the entire length of the drainage ditch. overland flow from the adjacent slopes and the periodic flooding of Nahunta Swamp will be sufficient to restore the wetland hydrology. There will be no need for diking, levees, or other ponding structures or the artificial introduction of additional water. Local reference wetlands will be used to compare progress in restoration. Timber harvesting will be permitted in accordance with a wetland timber management plan developed with the concurrence of the US Army Corps of Engineers. The plan will maintain the hydrology, vegetative community, and other wetland functions and values. Clear cutting will not be allowed. The NC Department of Transportation will provide funds for purchase of the conservation easements and restoration of the wetland areas. A wetlands mitigation plan will be developed with the concurrence of the US Army Corps of Engineers. Best Management Practices on critically eroding cropland adjacent to the restored wetland areas will reduce sedimentation. Provisions in the conservation easements will protect the restored wetland areas from destruction by human/animal actions (4-wheel drive vehicles, livestock grazing, etc.). The US Army Corps of Engineers' Mitigation Planning Checklist will be followed at each step of the planning process. The mitigation plan will include success criteria, a description of a local reference wetland site, monitoring plans for vegetation and hydrology, and an analysis of the restored hydrology including water budgets. As-built plans of the wetland restoration, random sampling of the vegetation on each tract, and monitoring reports will be prepared and submitted to the appropriate agencies by the North Carolina Department of Transportation. MARCH 28, 1996 D R A F T WETLAND RESTORATION PLAN/SCHEDULE OF OPERATIONS NAME: EXAMPLE COUNTY: WAYNE STATE: NC CONTRACT NO: 1-T-5431 TOTAL ACRES UNDER CONTRACT: 8.18 SUMMARY OF WETLAND RESTORATION PLAN OF OPERATION (WRPO) PURPOSE AND FUNCTION: This Wetland Restoration Plan will restore a palustrine forested wetland (bottomland hardwood). Wetland values that will be restored include wildlife habitat, water quality improvement, recreation, and forest resources. SUMMARY: The 8.18 acres shown on the attached Plan of Operations map will be placed under a perpetual easement. The WRPO will: 1. Restore the bottomland hardwood community by planting hardwood trees on a 10 foot by 10 foot spacing (435 trees per acre). 2. Restore the wetland hydrology by installing a ditch plug (100 feet long) where shown on the Plan of Operations map. 3. Allow the NC Department of Transportation to secure mitigation credits with the US Army Corps of Engineers. COMPATIBLE USES: The following uses have been determined to be compatible with the purpose for which this Wetland Restoration Plan of Operation and Conservation Easement is established: 1. Hunting, fishing, trapping, birdwatching, and recreational hiking that is fully consistent with state and federal regulations, including the leasing of such rights to others. 2. Selective timber harvesting in accordance with a wetland timber management plan developed with the concurrence by the US Army Corps of Engineers. The plan will maintain the hydrology, the vegetative community, and other wetland functions and values. Clear cutting will not be permitted. Streamside Management Zones will be established adjacent to Nahunta Swamp and its tributaries. OPERATION AND MAINTENANCE: 1. Adequate maintenance will be provided to facilitate establishment of woody vegetation. This may require the suppression of weeds and pine species. The area will be considered established to woody vegetation if 320 stems per acre are surviving for three growing seasons after the wetland hydrology has been reestablished. Species composition will include at least 6 hardwoods with no single species accounting for more than 20% of the population. 2. The ditch plugs will be maintained for the life of the easement. MARCH 28, 1996 D R A F T 46 4pc Air loc, - .? E' dir.. ? 'mil t• _?ct? ? •.k . _ ? `...'h, a S,r. t. ?y ?`4y, ",=+_4 ?,;'y'• :^':-{?? ?•'.-?,.? •J K ?y l?1.4' , .1 ? icn •?>?-?""'k '-:_'?;- V. _v ',{.:4 ? j1• 'f•ti5"'e'd"tiY'' c %=:?s•."*??`?'+ _ `?!• V(4 ?' ?•? r?'(KrX.v?:;r.=?. •.- ? '? ? t ? • a ?•NC ..,r•• -'•"•r ?,yr .-.' } . yM-yyr? •: ? 'r rs YYaa.?? r'-•?,' `•2 \ ?.t ??`' y ^ ,a•. r1M;-?•• a' r i 1'..?,. ?'? a ` Y ( Y`•t+? , -+1..?? f'i •• ! : ;%7" ?'sN`l- f ?? .L? l+r? ` `v .,.1?',???, + > •..rr?j`.' i . ?t't; ` y?tii.,,-y ??' 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CrR1 A A ?^ \J Was %1, AYA P BD C,li T. WaB:.,r V AyaZ • AY9 AY81 \\ ll/ Lu AyA 0. My AyA Bb RuA Ex Na JJ o Jti L Tr y MY Ny AyA ?y Yt? 1 Rud AYA Ar82 Rua RuA 4r?ll ------ gg y C , Ex g------ pp M1, ` y4a c Ayd J A AYA va\I? '!Aya RuA Es t?• AyA Yq aYA Na RuA AYa I\J 9.7 - i _.. ' 16) -1 i o?PQS?ENT OF Ty?ym 9 vi 7 0 ARCM 3 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 April 9, 1996 Mr. Mike Smith, North Section Chief U.S. Army Corps of Engineers (Attn: Henry Wicker, Washington Office) 6512 Falls of the Neuse Rd., Suite 105 Raleigh, NC 27615 Re: Action ID No. 199601506, Gustave A. Koch Perquimans County, North Carolina Dear Mr. Smith: o ?C) Cr tQ ,? ,291N? ?Q+ The U.S. Fish and Wildlife Service (Service) has reviewed the above- referenced Pre-construction Notification dated March 27, 1996. The applicant is seeking verification that the proposed wetland fill activity is authorized under Nationwide Permit (NWP) 26. This is the report of the Department of the Interior submitted in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). This report also serves as comments to state resource agencies in their permitting and/or certification processes. The proposed work involves the placement of fill material into approximately three acres of wetlands associated with an unnamed. tributary of Bethel Creek. The stated purpose of the proposed work is "to prov' de area for [the] DOT ??c plac.P exoess ??" . No mitigation is offered to compensate for this project. This project has raised two interrelated issues of concern to the Service: (1) inappropriate use of a NWP by an applicant, and (2) N.C. Department of Transportation's (NCDOT) lack of permit compliance with an issued Individual Permit. We have serious concerns about the use of a NWP for a project of this nature. In our opinion, the applicant has not identified a legitimate purpose for the proposed project nor a justifiable reason as to why the activity must be carried out in wetlands. According to the 33 CFR 330.6(C), Section 404 Only conditions, (4) Mitigation dated November 22, 1991, such discharges "must be minimized or avoided to the maximum extent practicable at the project site" unless a compensatory mitigation plan has been approved, in order for authorization by nationwide permit to be valid. The permanent and unmitigated loss of three acres of palustrine wetlands for the purpose of waste disposal is contrary to the public interest and inconsistent with the referenced Final Rule for the Nationwide Permit Program. Using wetlands for waste disposal is a relict concept that is not supported by current wetland regulations. The fact that the wetland area occurs "adjacent to [the] construction site - providing easy access for disposing of excess material" does not justify the elimination of upland alternatives nor does it legitimize the project purpose. In our opinion, the proposed project involves adverse environmental effects that are more than minimal and cumulatively would result in excessive and indiscriminate degradation of aquatic resources. We, therefore, recommend that this project not be authorized by Nationwide Permit and that the District Engineer exercise discretionary authority to elevate this project to the Individual Permit process if it receives any further consideration. We have serious reservations about NCDOT's ability to ensure that highway construction complies with permit specifications and conditions, particularly if this case is not an isolated incident but rather indicative of a practice widespread in North Carolina. The project proposed, including the one acre previously approved under NWP 26, indicates NCDOT's lack of compliance with the Individual Permit issued for R-2208, US 17 widening (Action ID No. 199401492). Special condition "e." of this permit states, "Excavation, fill, or mechanized landclearing activities will not occur at any time in any waters or wetlands outside of the permitted construction limits." The NCDOT was not permitted to place fill material outside the construction limits within the subject wetlands owned by Gustave Koch (the NWP applicant). The fact that the wetland fill activity is being requested by a private landowner, instead of NCDOT, does not legitimize the activity as a separate project independent of R-2208. Undoubtably, the NCDOT should be responsible for all activities undertaken in waters or wetlands for their transportation projects, including and especially those activities performed by their contractors. Any adverse environmental impacts associated with borrow areas, waste disposal sites, access roads, or any other land disturbance activity a contractor undertakes, must be accounted for up front in the environmental documentation and Individual Permit application for a given project. Any proposed deviation after the permit is issued should be processed as a permit modification and be subject to a full public interest review, 404(b)(1) Guidelines consistency, and compensatory. mitigation requirements. We firmly object to processing such deviations under NWPs after an Individual Permit has been issued because such a practice demonstrates piecemealing and undermines the processes set forth in the National Environmental Policy Act (NEPA) and Clean Water Act regulations. According to Regulatory Guidance Letter (RGL) 88-6, issued June 27, 1988, there may be circumstances where it is appropriate to combine Nationwide Permits with Individual Permits, however, "portions qualifying for a NWP should be able to function or meet their purpose without the portion requiring an individual permit". The project proposed does not fulfill this criteria. Furthermore, the RGL states that, Whether or not the activities qualifying for nationwide permits are authorized to proceed separately or are included in an individual permit application, the decision documentation relative to the individual permit will include a discussion of the rationale for the course of action taken. Also,• a discussion on the total impacts of the entire project (i.e., both the portions authorized by individual and nationwide permit) will be included in the individual permit documentation. To our knowledge, documentation for Individual Permit Action ID No. 199401492 did not address the subject of waste disposal of excess material or provide for compensatory mitigation for the activity requested under this NWP. These issues place an undue burden on the regulatory agencies regarding enforcement of permit conditions, sorting of applications, and processing of superfluous permits and modifications for NCDOT-related work, when total impacts should have been anticipated up front and addressed in NEPA documentation. Fortunately, Mr. Mike Smith of the U.S. Army Corps of Engineers has brought this matter to NCDOT's attention in his letter dated March 26, 1996. In accordance with the 1992 Memorandum of Agreement between the Department of the Army and the Department of the Interior Part 111 (2), we would consider the elevation of this procedure in the event our concerns are not addressed. The Service appreciates the opportunity to comment on this project. If you have any questions regarding this information, please contact Katherine Doak of my staff at (919) 856-4520 ext. 19. Sincerely yours, John Hefn Field Sup visor JH/KHD CC: USFWS Regional Office (Cherry Green) COE (South Section Chief: Cliff Winefordner) COE (All DOT Coordinators: Scott McLendon, Mike Bell, Eric Alsmeyer, Steve Lund) NMFS (Ron Sechler) FHWA (Roy Shelton) NCDEHNR-DEM (Eric Galamb) NCDEHNR-DCM (Richard Watts) NCWRC (David Cox) NCDOT (Frank Vick) FWS/R4/KDoak/KHD:4-9-96/919-856-4520 ext 19/wp:19961506.DEN .. . k PERMIT LETTERS U S r-W 5 P-D - C • Cone SURNAME CC: EPA-PELEJ EWA, NMFS-HARDY DCM-ATE V )&O-> ?:au cc, Jw DCM-PJt=R WRC-FRANK McBRIDE elf/ _ e i r *ff STATE STATE OF NORTH CAROLINA DEPARTMENT OF TPANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GOVERNOR P.O. BOX 25201. RALEIGH. N.C. 27611-5201 January 2, 1997 Dr. Wayne Wright Wilmington District Corps of Engineers Regulatory Branch Post Office Box 1890 Wilmington, North Carolina 28402-1890 RECEIVED JAN 13 1y9I ENVIRONMENTAL SCIENCES GARLAND B. GARRETT J R. SECRETARY Subject: Nahunta Swamp Wetland Mitigation Bank Preliminary Package; Conservation Easement, Forest Management Plan and Generic Mitigation Plan. Dear Dr. Wright: On April 21, 1994, a new concept in wetland mitigation was presented at the monthly NCDOT interagency meeting. The cooperative pilot project was proposed by David Harrison and Carroll Pierce of NCDEHNR Division of Soil and Water Conservation (DSWC) as wetland restoration in farmed floodplains of the Nahunta Swamp within the larger context of the Nahunta Watershed Plan. The Nahunta Watershed Plan is a watershed-wide water and land quality conservation project, using proven elements such as improved tillage practices, livestock management and wetland restoration in the floodplain of Nahunta Swamp. The DSWC was to be responsible for the funding of the agricultural conservation practices and NCDOT agreed to pay for the acquisition of land and the implementation for the wetland restoration sites. On January 23, 1996, an interagency review team visited various representative sites and discussed the remaining issues; forest management, acquisition processes and long-term management issues. All agencies were enthusiastic about the potential values of such a scheme. In April, 1996, a joint letter from USFWS, DEM, NCWRC to NCDOT addressed issues raised in the on-site review meeting and discussed conditions for approval of a wetland mitigation bank within the context of the watershed project. In .Tune, 1996, Triangle Wetland Consultants was authorized to prepare a Forest Management Plan, which was submitted in draft form to NCDOT in early November, 1996. (A complete chronology of the project to date is attached.) Enclosed are three documents which are integral parts of the Nahunta Swamp Wetland Mitigation Bank Project. The draft Conservation Easement language, the draft Forest Management Plan and a generic mitigation plan have been assembled into one "package" for inter-agency review. Comments by the appropriate regulatory personnel will result in a finished product which can then be provided to the landowners within the Nahunta Watershed. This will begin the process of actually discussing easement acquisition with the landowners and is expected to provide a list of candidate sites for appropriate study and review. Please review the enclosed documents and submit written comments byN 7; 5, 1x997. 1 This project has taken two years of multi-disciplinary effort by NCDOT staff and by regulatory agencies. Further coordination is required to bring the actual sites to implementation, but with continued cooperation we feel that this project can result in the restoration of significant wetland acreage and thus improve'the water quality of the Nahunta Swamp, Contentnea Creek and eventually the Neuse River, while providing NCDOT with mitigation credits. Thank you for working with us towards this goal. Sincer H. Franklin Vick, P.E., Manager Planning and Environmental Branch cc: w/attachment Dave Lekson/USCOE Mike Bell/USCOE Ken Jolly/USCOE Eric Alsmeyer/USCOE John Dorney/DEHNR/DWQ Eric Galamb/DEHNR/DWQ David Cox/NCWRC Howard Hall/USFWS David Harrison/DSWC Carroll Pierce/DSWC Patty Gabriel/NRCS Wayne/Greene SWCD David Robinson/NCDOT Dave Foster/DEHNR Roy Shelton/FHWA Wendy Gasteiger/FHWA Dennis Pipkin/NCDOT Robin Little/NCDOT "I? . < NAHUNTA WATERSHED PROJECT CHRONOLOGY April 21. 1994: Cooperative pilot project was proposed by David Harrison and Carroll Pierce of NCDEHNR Division of Soil and Water Conservation (DSWC) as wetland restoration in farmed floodplains of the Nahunta Swamp within the larger context of the Nahunta Watershed Plan. ® e? r'T0?; 9T4: Representatives of the COE, DEM, NCDOT and the DWSC discussed the project in relation to COE guidelines regarding acceptable compensatory mitigation for NCDOT wetland impacts. October, 1994: A Memorandum of Agreement (MOA) was signed by the Wayne and Greene County Soil and Water Conservation Districts (SWCDs) and the N.C. Department of Transportation (NCDOT) within the larger context of the Nahunta Watershed Plan. Both parties entered into a cooperative pilot project whereby conservation easements would be procured and mitigation plans implemented subject to USACOE approval by NCDOT and the SWCDs for up to 500 acres of potential wetland restoration. The final acreage is largely dependent on landowner participation, although NCDOT has purchased and developed a 172 acre mitigation site and has contacted other interested landowners within the watershed. December 27. 1994: The draft Nahunta Watershed Plan and Environmental Assessment was submitted to the COE for comment. The final draft was completed in April, 1995. The Watershed Plan and Environmental Assessment (EA) addressed the reduction of erosion and nutrient run-off due to agricultural practices, and was prepared under the authority of the Watershed Protection and Flood Prevention Act - Public Law 83-566 and under Section 102(2)(c) of the National Environmental Policy Act of 1969, Public Law 91-190 by the Wayne and Greene County Soil and Water Conservation Districts (SWCD), the NCDEHNR Division of Soil and Water Conservation (DSWC), the US Department of Agriculture/Natural Resources Conservation Service and the USDA/Forest Service. March, 1995: Attempts to establish a fixed price per acre for conservation easements resulted in a proposal in June by NCDOT to the SWCDs to establish prices on a case by case basis. Review of the Conservation Easement language was completed by the NCDOT Attorney General's office in late April, 1995. October, 1995: The SWCD responded to the NCDOT proposal on individual negotiation with landowners on easement or fee-simple purchase price. 1aua`r'y 2'3: l'99An interagency review team visited various representative sites and discussed the remaining issues; forest management, acquisition processes and long-term management issues. June, 1996: Triangle Wetland Consultants was authorized to prepare a Forest Management Plan; which was submitted in draft form to NCDOT in early November, 1996. January, 1997: Preliminary Package of draft Forest Management Plan, draft Conservation Easement and generic Mitigation Plan distributed to agencies for comments. Post Office Box 33604 Raleigh, North Carolina 27636 Phone (919) 782-3792 Fax (919) 787-4999 WETLAND CONSULTANTS NAHUNTA SWAMP WETLAND BANK FOREST MANAGEMENT PLAN Prepared For: North Carolina Department of Transportation Permits and Mitigation Section Highway Building 1 South Wilmington Street Raleigh, NC 27611 Prepared By: Triangle Wetland Consultants P.O. Box 33604 Raleigh, NC 27636 January 1, 1997 1.0 Introduction The Nahunta Swamp watershed encompasses approximately 60,378 acres (24,444 hectares) in parts of Johnston, Greene, and Wayne Counties, NC within the Coastal Plain physiographic province (Figure 1). Nahunta Swamp is a tributary to Contentnea Creek in the lower Neuse River basin. Land use within the watershed includes cropland (52%), grassland (2%), and woodland/misc. (46%) (NCDEHNR, 1995). The entire Neuse River basin has been designated as "nutrient sensitive" by the North Carolina Environmental Management Commission and the Nahunta Swamp/Contentnea Creek watershed is a major source of nutrient and sediment inputs to the lower Neuse River. *Maje cai &Ifor?these ny, at no,,sediment inputs,within the Nahunta Swamp watershed` include-the -lack of a vegetated stream buffer, agricultural drainage improvements, and cultivation of bottomland,fields' Due to the severity of agricultural (nutrient and sediment) runoff and sensitivity of the lower Neuse River basin, a watershed plan was prepared by the North Carolina Department of Environment, Health, and Natural Resources and the U.S.D.A. Natural Resources Conservation Service (NCDEHNR, 1995). Vie}-of the recommeridatioris contained in this plan included conversion of 1,000, acres (405 ha) of cropland to permanent vegetation and restoration -of 500 acres (202 ha) of prior ea ert,ed=wetlanift. For a more detailed discussion of the watershed plan refer to Nahunta Swamp Watershed Plan and Environmental Assessment (NCDEHNR, 1995). 1.1 Wetland Restoration Forested wetland restoration efforts within Nahunta Swamp watershed wouldocns on ekisting icultural-fields adjacent to the main: channel-of Nahunta- Swamp; The Slough, and other tributaries. T1=?ue..a oximately..1,200 acres (486 ha) of prior converted wetlands (mapped as Johnston soil series) within the 100 year floodplain along Nahunta Swamp and its fttbM, 'nes (NCDEHNR, 1995). Most of these areas and the associated stream channels have been extensively modified to facilitate agricultural production. -Thnffain channels were previously .dredged"`and channelized, -arid 'the associated floodplain fields were drained by installation of subsurface. tiles and surface ditch systems. The latter modifications were probably implemented in the 1940's through the 1960's although the exact dates have not been determined. While it is impractical to attempt to restore the dredged stream channels, restoration of wetland hyd o ogy r,( within t e a latent ?e s ?s posse e. oPr 61i"sene (Cumulic Humaquepts) is, characterized by a seasonally high water table and frequent flooding in an undrained condition (Barnhill, 1990; Barnhill et al., 1974; S.C.S., 1991). Therefore restor-a6on-mould- .r'J ! focus on the removal/destruction of subsurface file fields and pluggi tiaagaurface-ditches to re to e-the seasonally high water"ti-tbtb. These activities would result in retention of upland runoff and periodic overbank flooding within the floodplain of the stream. Composition of the original bottomland forests within the study area can only be inferred since much of these forests were cleared for agricultural production. The few remaining stands within the study area have been substantially modified due to selective logging practices. The predominant site types within the study area probably supported Coastal Plain Bottomland Hardwoods as described by Schafale and Weakley (1990). The description of this natural ZT\ Ly M,N -??O /." WD/io;?u •`?\ -„ °b \ _ ' i' Ob glbl '._?\ iMISJ Pf N ?/ - WPl ND ? "N \.: , Ob I ? Ob 4 x18 - .. ^'`. _ Ob ` C ND 1 \ bYr3???? ?`?` - •?•,1 \ 01 ' ° Gb CMI / ' '?'? r b N???'YOOM31i ???? ?,la? ? ? Otl NOLDS V ?\ y vPLPCNlP t 0l=ftL?O ? ` c ?\?6 ? pb3 300 \ ? Q_ ?? ° e J,x H a _ ??MII_ PjSNt'O r 7?s ? ,i?"i?: vJ)3tlJ\ O ''Co°6 1\ ? - > 'LLf ? n ?`? : ??s1 ob Nuns ?' OJ LIB. 'Nu ? 'spa ?, e C OD 3f3L3389_ )?C?J! ' P•'` 4r -- e 0:) 9MWM ? ? -t E• io B\ - -\ 00, I\? ??' tlL.l r nli ss o 1 ?F' ?u ?. E ?• .` J`p I' .. iV?i? >t •\°\ fi4y •?: ?5 _ -__-- \ ?0tl_MJbnM A ? ? ? # \. U01 a 00 •IN , I `,1 1. tl r i 1 F? I 9 a M?y? S` s--? -ILI 41 Figure 1: Nahunta Swamp Watershed and Project Area Johnston, Greene, and Wayne Counties, NC Scale: F'= 12,500' 3 community type includes the following dominant species: laurel oak (Quercus laurifolia), overcup oak (Quercus lyrata), willow oak (Quercus phellos), water oak (Quercus nigra), red maple (Acer rubrum), loblolly pine (Pinus taeda), Atlantic white cedar (Chamaecyparis thyoides), and sweetgum (Liquidambar styraciflua). The understory may include red maple, red bay (Persea palustris), American holly (Ilex opaca), and sweetbay (Magnolia virginiana) (Schafale and Weakley, 1990). Natural floodplain depressions and backswamps may have supported Cypress- Gum Swamps which would be dominated by baldcypress (Taxodium distichum) and water tupelo (Nyssa aquatica). Associated species might include black willow (Salix nigra), swamp cottonwood (Populus herterophylla), and water hickory (Carya aquatica) (Schafale and Weakley, 1990). Recent data from a relatively undisturbed bottomland hardwood stand along Contentnea Creek near Hookerton indicates the dominant overstory species at that location included sweetgum, swamp tupelo (Nyssa biflora), overcup oak, swamp chestnut oak (Quercus michauxii), and willow oak (Beissel, 1996). Brown (1993) indicated that the most extensive ` bottomland forest associations in the Southern Coastal Unit of North Carolina (including Greene 3 ? and Wayne Counties) were Sweetbay-blackgum-red maple (687,565 ac [278,366 ha]) and 44?Q 1y, Sweetgum-water oak-willow oak (357,789 ac [144,854 ha]). Broadfoot (1976) indicated that 1? ' t, green ash, baldcypress, laurel oak, overcup oak, swamp chestnut oak, water oak, persimmon, a sweetgum, sycamore, swamp tupelo, water tupelo, and yellow poplar should _wAby.&'rest { f4go Bement activities on Johnston soils in the Midsouth region. F, Based on the latter data, the bottomland hardwood community types to be restored would include the mixed hardwood type and the cypress-tupelo type (Johnson and Shropshire, 1983). Cypress- tupelo community types would be restored on the wettest sites where flooding and anaerobic soil conditions would limit the establishment of a mixed hardwood stand. The mixed hardwood community that would be established on most sites would include a substantial component (i.e. >50%) of oak (Quercus) species. A list of potential tree species for use in restoration efforts is presented in Table 1. J I- jb Table 1: Potential specie , in mixed hardwood and cypress-tupelo wetland restoration in the Nahunta Swam watershed Plant Species Common Name Shade Tolerance' Planting density mixed hardwood tvve (73 0 trees/acre) uercus michauxif swam chestnut oak intolerant 146 trees/acre uercus ni ra water oak intolerant 146 trees/acre uercus hellos willow oak intolerant 146 trees/acre Fraxinus enn lvanica green ash tolerant 146 tree acre N ssa N flora swam black gum intolerant 146 trees/acre cypress-tupelo a (730 trees/acre) uercus 1 rata overcu oak intermediate 365 trees/acre N ssa a uatica water tupelo intolerant 183 trees/acre Taxodium distichum bald cypress intermediate 183 trees/acre made tolerance values from Burns and Honkala (1990) 4 2.0 Bottomland Hardwood Forest Products ,T art' commercial. products.-Troduced by bottomland forests include hardwood fiber (from deciduous tree species) and.hardwood sawtimber. However, landowners-may also realize income from hunting leases as well. According to market statistics, the production of hardwood roundwood in the southern U. S. has increased by 44% in the last decade (Johnson and Steppleton, 1996). Hardwood species now account for approximately 30% of the total consumption of roundwood by the pulp industry in the Southern U.S., as compared with 11% in 1952 (Bechtold and Sheffield, 1991; Johnson and Steppleton, 1996). By the year 2000, hardwood use in pulping is projected to increase to 40% of the total roundwood consumption (Kellison et al., 1988). Hardwood roundwood consumption for pulping in the southeast U. S. is expected to increase from 576 million ft3 (16.3 million m) in 1990 to a peak of 821 million ft3 (23.2 million m) in 2010 (Haynes et al., 1995). In general, the southern U. S. produces more hardwood roundwood for pulp than any other region in the country, with 1986 production exceeding 106 billion ft3 (30 billion m) (Bechtold and Sheffield, 1991). In addition, increased timber supplies from the southeast U.S. are expected to compensate for decreased supplies of timber from the Pacific Northwest (Haynes, 1990). Hardwood pulpwood production in North Carolina increased from 266,000 cords in 1953 to 2,032,000 cords in 1993 (Johnson, 1996). Hardwood pulpwood production from Greene and Wayne Counties, NC was 15,500 and 30,100 cords, respectively, in 1995 (Johnson and Steppleton, 1996). Hardwood products produced in Greene and Wayne Counties, NC could be utilized by the Celotex Corporation mill at Goldsboro, NC, which has a capacity of 100 tons pulp/day (Johnson and Steppleton, 1996). In addition, Johnson and Steppleton996) indicated that at least three mills compete for hardwood roundwood products from.C4eem nd Wayne ----- Counties, NC. Although most of the hardwood roundwood (58%) produced in North Carolina was utilized by mills within the state, a substantial market exists for export of pulpwood to other states (Johnson and Steppleton, 1996). Average 1992 pulpwood prices for hardwood roundwood and hardwood chips in North Carolina were $16.95 and $19.90 per green ton, respectively (Howell, 1994). 3.0 Forest Harvesting Effects on Wetland Functions and Values Wetland functions can be defined as the physical, chemical, and biological properties of a wetland contributing to the overall integrity of the ecosystem. Examples of wetland functions include primary productivity, litterfall, decomposition, organic export, sediment deposition/retention, nutrient transformation and retention, wildlife habitat, and surface water storage (Mitsch and Gosselink, 1993; Taylor et al., 1990; Wilkinson et al., 1987). Wetland values can be defined as the monetary worth or importance of a wetland characteristic as determined by society. Examples of wetland values include forest products (i.e. timber, pulp, etc.), hunting, fishing, flood desynchronization, water quality protection, aesthetics, and recreation (Richardson, 1994; Smith et al., 1995). Wetland values are determined by societal trends; however, the magnitude of a particular wetland value is regulated by the associated wetland functions. For example, timber harvest is considered to be a wetland value. The value of timber harvest in a particular wetland is determined by society through economic factors (i.e. supply and demand), but the magnitude of that value is also dependent upon a variety of wetland functions including primary productivity, litterfall, decomposition, and biogeochemical cycling. In addition, wetland functions are affected by a variety of ecological processes and characteristics. For example, the primary productivity of a particular wetland is affected by other wetland functions including decomposition, litterfall, and biogeochemical cycling. These functions are regulated by a variety of ecological processes and characteristics including hydroperiod, nutrient mineralization, soil hydraulic conductivity, soil bulk density, sedimentation rates, microrelief, and plant community composition. FQr&Uxn.,.n_agement practices may result in a variety of direct physical alterations that impact wetland,-functions and values in bottomland forests (Waldbridge and Lockaby, 1994). The primary physical alterations resulting from forest management activities include the removal of overstory and understory tree species and changes in soil properties and microrelief as a result of equipment traffic (Ault and Lea, 1992; Freese, 1994; Perison et al., 1993; Trettin, 1992). These physical alterations may result in a variety of indirect effects to soil physical and chemical properties, hydrologic characteristics, and biological communities (Table 2). Table 2: Potential direct and indirect effects of forest harvesting on wetland functions in bottomland forests Forest harvesting Direct (indirect) effects activity Equipment traffic 1. Rutting due to traffic (increased microrelief and surface roughness resulting in increased sediment and surface water retention, altered surface flows) 2. Root system disturbance (reduced vigor and increased mortality of stump sprouts resulting in decreased primary productivity, altered species composition, and reduced regeneration) 3. Reduced soil hydraulic conductivity (altered hydroperiod and lower soil redox potential resulting in anaerobic conditions, lowered productivity, and reduced nutrient mineralization 4. Increased soil bulk density (reduced root growth near soil surface and reduced infiltration resulting in reduced productivity and increased surface runoff Overstory removal 1. Increased solar radiation at soil surface (temporary increase in evaporative losses from soil surface and increase in organic matter decomposition resulting in increased export of nutrients and organic carbon from the system and increased natural regeneration of shade intolerant species) 2. Decrease in mature overstory species (temporary decrease in hard and soft mast production, decrease in litterfall, altered overstory species composition, reduction in specific habitat features such as dead snags and cavity/den trees, and temporary reduction in vertical stratification) Equipment traffic on wetland sites may result in a variety of soil physical alterations. The type of equipment, intensity of trafficking, and season of harvest (i.e. wet vs. dry) affect the magnitude of the disturbance. The use of tracked skidders resulted in less soil compaction as compared with compaction due to the use of rubber-tired skidders in a Mississippi bottomland (Murosky and Hassan, 1988). Aust and Lea (1992) found that the operation of rubber-tired skidders on an Alabama bottomland site resulted in reduced saturated hydraulic conductivity and resulted in prolonged waterlogging and reduced soil aeration. The effects of rubber-tired skidders on soil physical properties can be reduced somewhat by limiting traffic and using wider tires (McDonald et al., 1995; Jackson and Stokes, 1991). Soil physical alterations due to machine traffic are also dependent on season (i.e. wet vs. dry). In general, wet season harvesting results in displacement of the soil, rutting, and reduced hydraulic conductivity while dry season harvesting may result in increased bulk density (Murosky and Hassan, 1988; Karr et al., 1987; Gent et al., 1983). However, the specific effects of machine traffic are highly dependent on soil type and soil texture. Equipment traffic may also affect the survival, growth, and regeneration of desirable overstory species. Zaebst et al. (1995) found that species regeneration was altered seven years after skidder and helicopter harvest in an Alabama tupelo-cypress wetland. Aboveground biomass of regenerating water tupelo was greater and aboveground biomass of regenerating Carolina ash (Fraxinus caroliniana) was lower on skidder harvested plots as compared with the aboveground biomass for those species on helicopter harvested plots (Zaebst et al., 1995). The altered species composition was explained by the reduced hydraulic conductivity and reduced soil aeration on the skidder harvested plots which favored regeneration of water tupelo (Zaebst et al., 1995). The fine root systems of bottomland tree species are concentrated near the soil surface in the aerobic zone. Machine traffic on wet sites can potentially damage these fine root systems and directly affect stump sprouts by physical damage. -I1 `(1992)-found that 86% of all.species resprouted within°a lovw,tTraf lh'arvest area but-only•6V/o •resprouted within a high traffic harvest area in an Alabama headwater swamp. Hart et al. (1995) found that stump sprouting from oak species in Mississippi stream bottoms was reduced by intensive logging with ground based equipment (i.e. skidders). In addition to a reduction in stump sprouting, excessive equipment traffic may alter the species composition of the regenerating forest. Freese (1994) found that certain undesirable species such as Cyrilla racemflora (red titi) and Cliftonia monophylla (black titi) accounted for a greater proportion of the aboveground biomass on skidder harvested plots in an Alabama headwater swamp. The latter studies indicate that intensive trafficking by ground based equipment may alter species composition of regenerating bottomland forests. Overstory removal during forest harvesting operations may also affect wetland functions and values. Removal of relatively mature overstory species is analogous to ecological retrogression and results in altered energy flows within the ecosystem. Odum (1969) contrasted the developmental and mature stages of ecosystem development and indicated that the mature stages are characterized by low net community production, closed biogeochemical cycles, slow nutrient exchange, large internal organic pools, high species diversity, and good nutrient conservation. In contrast, developmental stages are characterized by high net community production, open biogeochemical cycles, rapid nutrient exchange, small internal organic pools, lower species diversity, and poor nutrient conservation. 'scale.,overstory MQyaL(i. a clearcuttingg) can result in temporary. ; rapid: losses of nutrient&and subsequent reduction inwetland functions (Vitousek and Reiners, 1975; Gorham et al., 1979). However, these losses are generally small and temporary for accepted forestharvesting practices (Binkley and Brown, 1993; Blackburn and Wood, 1990). Overstory removal also affects the spatial characteristics of the forest and specific habitat features such as cavity trees and dead snags. These changes may benefit some wildlife species dependent on early successional habitats, but may negatively affect species dependent on relatively mature forest habitat. In general, forest harvesting at the stand level is compatible with the maintenance of most wildlife species (Wigley and Roberts, 1994). The response to forest harvesting and interactions among diverse assemblages of wildlife species are too numerous to summarize in this document; however, the implementation, of an uneven-aged silvicultural system (i.e. group ®- selection) combined with..the retention of specific, habitat features (i.e. cavity trees and snags) is o believed.to provide a good balance between timber harvest°and maintenance of-diverse wildlife habitat (Thompson et al., 1992; Pashley and Barrow, 1992). c? 4.0 Silvicultural Options for Bottomland Forests Silviculture can be defined as the theory and practice of controlling forest establishment, composition, and growth (Smith, 1962) and the term silvicultural system connotes a group of forest management activities ranging from establishment or regeneration through harvest (Burns, 1983; Smith, 1962). At least 19 different bottomland forest cover types have been described for the United States (Eyre, 1980). Bottomland forests can be found along rivers and streams, backwater and headwater swamps, and minor drainages throughout the Eastern U.S. Due to their proximity to natural drainages, bottomland forests are at least seasonally flooded. Some backswamp or deep swamp areas may remain flooded throughout most of the growing season. The soil types typically found on floodplains and the nutrient subsidy present in floodwaters create conditions conducive to high productivity; however, the saturated or flooded soils in these bottomland forests present unique management challenges. The proposed hydrology and plant community composition of the restored bottomland forests within the study area were described in a previous section of this report. Historically, access to most bottomland forests has been limited due to flooding and/or saturated soils. Although bottomland forests encompass a diverse assemblage of plant community types, past management activities have been relatively similar. Limitations to the operation of ground based equipment and a historically low demand for hardwood pulp have resulted in selective harvest of only high quality sawtimber from many bottomland stands. This type of harvesting activity has led to "high grading" of many bottomland forests. Many "high graded" stands are currently dominated by shade tolerant species with poor form and low commercial value; therefore, the typical silvicultural prescription is a clearcut. Clearcutting results in the removal of all desirable and undesirable stems and regeneration of both shade tolerant and intolerant species through a variety of natural sources including residual desirable saplings, stump sprouts, seedling sprouts, and seed sources. 8 Based on the site characteristics and existing data on the forest composition within the study area, the proposed bottomland forest restoration would be primarily classified as the mixed hardwood type, with cypress-tupelo established on only the wettest site types (Johnson and Shropshire, 1983). The-typical gilVicultural system for even-aged bottomland forests is a clearcut=followed by naturafxegeneration>from residual stems, stump sprouts, and seedling sprouts (Lea, 1988; Kellison et al., 1988; McKevlin, 1992; Walker and Watterson, 1972). Alternate silvicultural systems for both even-aged and uneven-aged stands may include shelterwood cuttings, group selection, and single tree selection (Kellison et al., 1988). 4.1 Clearcutting Method Clearcutting followed by natural regeneration is the most commonly used silvicultural system for bottomland hardwoods. The clearcut method involves the complete removal of all desirable and undesirable growing stock from a stand. Most hardwood species are prolific sprouters; therefore, the stand is naturally regenerated by stump sprouts or coppice growth as well as seed and seedling sprouts. The advantages of this system include limiting equipment traffic (usually during harvest only), removal of undesirable growing stock, regeneration of desirable shade intolerant species (i.e. bottomland oak species), and maximizing economic returns for the landowner. Hart et al. (1995) indicate that satisfactory oak regeneration on minor bottoms throughout Mississippi is dependent on large [> 1 ft (0.3 m)] advance oak reproduction in the understory followed by complete Clearcutting of the overstory. Oak regeneration following harvest in this study originated from stump sprouts and advance reproduction (Hart et al., 1995). Hook (1988) indicated that opportunities for regeneration of cypress-tupelo swamps by techniques other than Clearcutting are quite limited. Zaebst et al. (1995) and Gardiner et al. (1995) found that cypress- tupelo swamps in Alabama regenerated successfully following clearcut harvest with skidder and helicopter removal of logs. However, both studies indicate substantial decreases in saturated hydraulic conductivity of the soil on sites harvested with skidders (Gardiner et al., 1995; Zaebst et al., 1995). Toliver and Jackson (1989) recommend clearcut sizes of at least 3 ac (1.2 ha) to ensure regeneration of shade intolerant species, and retention of at least two cavity/den trees per 5 ac (2 ha) block. Disadvantages of this system include undesirable aesthetic impacts and alteration of wildlife habitat features including temporary reduction of horizontal and vertical forest stratification, cavity/den trees, and food sources. Large scale clearcuts are more likely to result in temporary reduction of wetland functions and increase of non-point source pollution from sediment and nutrient losses (Binkley and Brown, 1993). 4.2 Shelterwood Method The shelterwood method involves the gradual removal of both desirable and undesirable trees from a stand through a series of partial cuttings over a relatively short fraction of the rotation age (Smith , 1962). The shelterwood method generally involves a series of cuttings beginning with a preparatory cutting (low thinning) or seed cut to provide growing space and favor natural reproduction of desirable species in the understory. The preparatory cut and/or seed cut is followed by one or a series of removal cuttings to provide economic return and remove mature trees. The advantages to a shelterwood system include a high degree of control over regeneration of a stand, favored production of large diameter trees, maintenance of forest cover (i.e., reduced aesthetic impact), and maintenance of certain wildlife habitat features. Hook (1988) indicated that the shelterwood method was useful for promoting advanced oak reproduction and preventing wildlife habitat fragmentation. Barry and Nix (1993) found that removal of 16% to 33% of overstory basal area resulted in substantial increases in new oak seedlings in the understory of Congaree River bottomland hardwood stands in South Carolina. Toliver and Jackson (1989) recommend removal of all undesirable understory stems and approximately 50% of the overstory basal area. Approximately 40-50 seedlings and/or sprouts per acre are sufficient to ensure an adequate oak component in the regenerating stand (Aust et al., 1985). Disadvantages of the shelterwood method include repeated machine traffic during a rotation, potential damage to standing trees, increased technical demand (i.e. data collection and technical input during cutting cycle), and decreased economic returns due to intermediate treatments. 4.3 Selection Method The selection methods (single tree and group) generally apply to the maintenance of uneven-aged stands and are generally employed to extract some economic return and promote regeneration within the existing stand. As the name implies, single tree selection results in the removal of individual trees while the group selection results in the removal of groups of trees. The size of these groups may vary, but a minimum area of 1 to 5 ac (0.4 to 2.0 ha) is recommended to ensure regeneration of shade intolerant species (Golden, 1993; Golden, 1995; Toliver and Jackson, 1989). In some instances, a group selection may resemble a series of small scale clearcuts. Improperly applied single tree selection, that is the removal of only high quality merchantable trees, results in "high grading" and is not recommended for regeneration of shade intolerant species. Single tree selection cuttings may be applicable in sensitive areas such a streamside management zones (SMZ's). The group selection method combined with cavity tree/snag management and adequate riparian buffers is well suited to maintain a diversity of wildlife habitat and features, reduce forest fragmentation, and provide economic returns for the landowner (Hook, 1988; Pashley and Barrow, 1992; Wigley and Roberts, 1994). Several oak species were successfully regenerated in a variety of Alabama bottomland hardwood stands using group selection cuttings between 0.75 and 3.8 ac (0.3 and 1.5 ha) (Golden, 1993; Golden, 1995). After two growing seasons, Golden (1993) reported that the number of established water and willow oak stems in group selection cuttings increased from 6% (preharvest) to 45% after cutting in an Alabama River floodplain stand dominated by sweetgum and sugarberry (Celtis laevigata). Post harvest seedling density of water oak increased 78% in group selection cuttings harvested in the summer along the Tombigbee River in Alabama (Golden, 1995). Goelz and Meadows (1995) reported that oak species should comprise a substantial portion of overstory basal area prior to cutting for successful regeneration after selection cuttings in Mississippi. Disadvantages of both single tree and group selection include limited ability to regenerate shade intolerant species, increased technical demands to properly employ this method, and decreased economic return for landowners. Shaffer et al. (1993) found that the harvesting costs for group 10 selection cuttings in the Jefferson National Forest, Virginia increased 15% to 25% as compared with conventional clearcut harvests. Table 3 provides a brief comparison of different silvicultural systems. Regardless of the silvicultural system employed, it is likely that bottomland oak species will compose a substantial proportion of the overstory basal area of relatively mature stands if adequate advance regeneration is present prior to harvest. Recently harvested stands are generally dominated by fast growing pioneer species such as green ash and sweetgum. Oak species gradually assume a more dominant position as the stand ages (Kennedy and Meadows, 1993; Nix and Lafaye, 1993). Clearcutting is reported as the most suitable silvicultural system for cypress-tupelo stands (Gardiner et al., 1995; Hook, 1988; Zaebst et al., 1995). However, we found no studies that addressed the use of alternate silvicultural systems in cypress-tupelo stands. Table 3: Comparison of Si 'cultural Systems for Restored Bottomland Hardwoods Characteristic of Silvicultural System Clearcut Method Shelterwood Method Group Selection Method Single Tree Selection Method Technical requirements/difficulty low moderate moderate high Net economic returns high moderate moderate low Frequency of equipment traffic low moderate moderate high Maintenance of forest cover low high moderate high Regeneration of shade intolerant bottomland oak species high moderate high low Maintenance of specific habitat features (i.e. cavity trees/snags) flexible flexible flexible flexible maintenance of a specific density of cavity/den trees may be incorporated into all silvicultural systems 5.0 Proposed Forest Management Guidelines Restored bottomland hardwood stands are dynamic systems similar to natural forests. Multiple use management of these systems requires flexibility of management guidelines. Forest managers must be able to respond to changing conditions within a stand and manage large tracts of land according to accepted forest management procedures. Landowners are concerned about economic returns on their investment, preservation of wildlife habitat for hunting, and maintenance of additional wetland values for recreation and aesthetics. Therefore, the proposed forest management guidelines for Nahunta Swamp have been formulated specifically to maintain the functions and values of restored wetlands and ensure the necessary flexibility for landowners and forest managers. 11 5.1 Allowable Harvest and Silvicultural Systems Forest.managers need the flexibility of a variety of silvicultural tools in order to respond to the dynamic conditions found within bottomland forests. Therefore, there will be no restrictions , ?. . placed on the type of silvicultural system used for managing the restored bottomland forests within the Nahunta Swamp Wetland Mitigation Bank (NSWMB). However, restrictions will be placed on the allowable size and location of management units within a particular tract. Management units (i.e. areas to be thinned, harvested, or otherwise manipulated during silvicultural operations) will be limited to 5 ac (2 ha). Individual landowner parcels may be irregularly shaped; therefore, there will be no restrictions on the shape of management units. Silvicultural activities (parti 'ng and harvesting operations) on adjacent management units will be restricted to n 10)?e ntervals. Therefore, no two adjacent management units will be thinned or harvested with n 10 years of each other (Figure 2). The purpose of limiting management unit sie and frequency of activity is to promote a mosaic of interconnected, uneven aged stands across the project area. Landowners may harvest or thin a maximum of approximately 50% of the restored forest area within their tract. However, ' % [ R harvested blocks are limited to 5 ac (2 ha) and may not be adjacent to one another. The "' ?? tt -vo remaining 50% of the restored forest area maybe harvested or thinned at a ten (10) year interval. The latter example is not intended to encourage landowners to maximize thinning and/or harvesting operations on their tracts. Landowners may choose to promote values other than timber harvest such as hunting. 5.2 Streamside Management Zones (SMZ's) Streamside management zones (i.e. riparian buffers) will be maintained along every intermittent and perennial stream according to best management practices for forestry in North Carolina's wetlands (NCDEHNR, 1993). The size of the SMZ will be dependent on the type and size of the adjacent stream (Table 4). The specific operational guidelines within SMZ's are as follows: • Only selective cutting of trees greater than 8 in (20 cm) DBH will be allowed • No more than 30% of the basal area should be removed within a ten (10) year period. This allows for the extraction of valuable sawtimber trees, firewood, and cull trees, but maintains a fully vegetated SMZ • At least two cavity/den trees will be maintained for every 5 ac (2 ha) • No equipment traffic will be permitted within SMZ's, except for stabilized stream crossings which should be constructed according to state BW guidelines (NCDEHNR, 1989) Table 4: Guidelines for width of SMZ's within NSWMB' Perennial Streams Stream Width SMZ width >30ft(9m) 1 100ft(30m) m) 50ft(15m Intermittent Streams All 50 ft (15 m) Source: NCDEHNR (1993) 12 5.3 Timing of Silvicultural Activities r? ?AA All traffic associated with silvicultural activities (i.e. thinning, harvesting, etc.) will be limited to dry periods. All equipment traffic should be limited when the soil is saturated or flooded. These equipment traffic limitations do not include normal traffic associated with recreational activities, firewood cutting, or site inspection by the landowner. 5.4 Road Construction Construction of additional permanent roads within the NSWMB will be prohibited. Stabilized stream crossings and skid trails may be utilized during harvest. Specifications for stabilized stream crossings are available in the Forestry Best Management Practices Manual (NCDEHNR, 13 1989). A,sufficient road network currently exists within the project area to provide access for harvesting operations and recreational activities. 5.5 Cavity/Den Tree Management At least two cavity/den trees for every 5 ac (2 ha) will be maintained throughout the NSWMB across all management units. Preferably, these cavity/den trees will be large bottomland oak species in order to maintain hard mast production and oak seed sources throughout the NSWMB project area. The proposed forest management guidelines for the Nahunta Swamp restoration plan were formulated to meet specific objectives. These objectives include: preserve and perpetuate the anticipated functions and values of the restored bottomland forests, provide participating landowners with reasonable economic incentives through future allowable timber harvests, and maintain throughout the rotation specific wildlife habitat features such as hard mast producing species (i.e. bottomland oak species), cavity/den trees, and forested riparian corridor. The specific provisions contained in this plan regulate the frequency, timing, and extent of harvest and address the maintenance of wetland functions and values. Wetland functions and values of the restored bottomland forests are preserved by maintenance of specific wildlife habitat features such as riparian corridors, cavity/den trees, and hard mast producing species and preservation of water quality functions by limiting wet season equipment traffic, prohibiting new road construction, and establishing a riparian buffer (Table 5). 6.0 Potential Economic Returns on Wetland Forest Restoration The following example analysis outlines potential forest growth and yield and potential economic returns for landowners participating in the Nahunta Swamp restoration program. This analysis is intended to illustrate the maximum potential economic returns for the landowner. Individual landowners participating in this program may not wish to follow the aggressive thinning and harvesting schedule we outlined. Our analysis assumes projected yields from mixed bottomland Table 5: Components of Proposed Forest Management Plan for Nahunta Swam Specific Provision of Plan Effect on Wetland FunctionNalue harvest area limit (5 ac (2 ha) limit) maintains wildlife habitat values by providing continuous forest cover, reduces fragmentation effect prohibit wet season harvest reduces risk of rutting and soil disturbance from equipment traffic maintain 50-100 ft (15-30 m) riparian buffer maintains continuous riparian buffer important for nutrient and sediment retention maintain 2 cavity/den trees per 5 ac (2 ha) maintains specific habitat features for cavity nesting species and seed trees for hard mast production prohibit new road construction reduces erosion and potential hydrologic alterations from new road construction mandate state approved BMPs ensures that landowners will follow state recommended procedures for forestry practices in wetlands 14 plantations according to the Bottomland Yield Projection System (Mengel and Young, 1993). Growth projections of bottomland plantations is based on data from bottomland oak plantations and natural bottomland stands (Frederick, 1996; Kennedy and Meadows, 1993; Bowling and Kellison, 1983; McClure and Knight, 1984; Walker and Watterson, 1972; Aust et al., 1985; Stine et al., 1995) (Figure 3). Measured site index for mixed bottomland oaks on Johnston soils ranges between 90-110 (Broadfoot, 1976). Actual growth and yield of these plantations may exceed our estimates. Landowners should evaluate their individual needs and balance the production of commercial forest products, wildlife habitat/hunting, and recreation within the framework dictated by this plan. This example analysis prescribes thinnings at 25 and 35 years followed by sawtimber harvests at 50 and 60 years (Figure 4). Thinnings should be conducted primarily for timber stand improvement and should favor desirable oak growing stock. At ages 25 and 35 planted oak species will be at reproductive maturity (Burns and Honkala, 1990), therefore, thinnings should promote acorn production and establishment of advance oak regeneration in the understory. Thinnings outlined in this analysis were based on stocking guides for Southern bottomland hardwoods (Goelz, 1995). 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S: «...y{.,,}r•:,,•.,a;:::.;;.,}.^,,:,t..tt,y„:, ,tt,}t,}ay,{.<{{tt:.{{:{;:{{;;'..;;;;£:i;:;.:.;>ii:{:.;;y;;;;•:111<.a..{;':\••:{:{;« Figure 3: Estimated Growth of Restored Bottomland Hardwood Stands in Nahunta Swam Wetland Mitigation Bank 15 Economic forecasts are based on current pulpwood prices of $18.00/cord and sawtimber prices for mixed oak of $225.00/MBF (International '/a" rule) (Howell, 1994). The value of hunting leases is assumed to be $3.00/acre/year. The schedule of silvicultural activities, forecasted expenditures, and forecasted economic returns is outlined in Table 6. It should be noted that the forecasted economic expenditures for restoration, maintenance, and monitoring of the mixed bottomland stands will be absorbed by NCDOT. Estimated restoration (i.e. establishment) costs for the mixed bottomland stands within NSWMB include hydrologic restoration (ditch plugging, etc.), site preparation costs (disking, subsoiling, herbicide application), seedling costs, and planting costs. Maintenance and monitoring include data collection and remedial measures to ensure the success of the restoration effort within an initial limited time period (usually 3-5 years). Estimated returns do not include incidental costs to the landowner such as consulting forestry professionals, harvesting costs, and transportation costs. 16 I l Table 6: Schedule of Silvicultural Acti ties and Forecasted Economic Return for Example Analysis of R stored Bottomland Hardwood Stands at NSWMB Stand Management Silviiultural Activity Estimated Economic Comments Age Units Return 1996 dollars 0 all stand establishment - $750 - $1,000/ac' includes site preparation, herbicide application, planting, hydrologic modifications, seedlings, etc. 0-5 all stand monitoring - $100 - $200/ac' routine monitoring & remedial I action (replanting, etc.) 25 even # units T §l - improvement + $198/ac pulpwood harvest of I Icords/ac, (5 ac. blocks) thinning thinning should favor high quality oak species 35 odd # units TSI - improvement + $252/ac pulpwood harvest of 14 cords/ac, (5 ac. blocks) thinning thinning should favor high quality oak species 50 even # units clearcut harvest w/ + $216/ac pulpwood remove all stems to 2" DBH, residual cavity/den + $3713/ac sawtimber pulpwood harvest of 12 cords/ac, trees @ 2 trees/5 ac oak sawtimber harvest of 16.5 MBF/ac 60 odd # units clearcut harvest w/ + $144/ac pulpwood remove all stems to 2" DBH, residual cavity/den + $5400/ac sawtimber pulpwood harvest of 8 cords/ac, trees @ 2 trees/5 ac oak sawtimber harvest of 24 MBF/ac 60 all single tree selection + $1575/ac sawtimber remove 30% of basal area in large harvest in SMZ's w/ diameter oak species, oak residual cavity/den sawtimber harvest of 7 MBF/ac trees 2 trees/5 ac 0-60 all hunting leases + $3/ac/ misc. hunting leases Costs paid by NCDOT 6.0 Conclusions Most of the natural bottomland hardwood forests within the Nahunta Swamp watershed have been cleared for agriculture, ditched, and drained. Due to the conversion of these forests to agriculture, Nahunta Swamp has become a major source of nutrient and sediment pollution to the lower Neuse River basin. Restoration of bottomland forests within the Nahunta Swamp watershed would improve the functions and values attributed to these sites including water quality improvement, wildlife habitat restoration, and recreational opportunities. The key to a successful restoration program within the Nahunta Swamp watershed is landowner cooperation. Many landowners are concerned about limitations placed upon their parcels and resource regulatory agencies are concerned about the restoration and maintenance of wetland functions and values. Many landowners within Nahunta Swamp watershed currently derive annual income from their parcels through the production of agricultural commodities. Successful implementation of a large scale forested wetland restoration program within the watershed is contingent upon multiple use management of the restored wetlands. Landowners may derive periodic income from their parcels through timber arvest and hunting leases. In addition, landowners may cut firewood and use P 6 y?? ^! 17 '' `"? their parcels for a variety of recreational activities. Minor restrictions placed on forest management activities ensure the maintenance of wetland functions and values including diverse wildlife habitat. 7.0 Literature Cited Aust, W.M., J.D. Hodges, and R.L. Johnson, 1985. The Origin, Growth, and Development of Natural, Pure, Even-Aged Stands of Bottomland Oak. Pages 163-177 in Proceedings of the 3rd Biennial Southern Silvicultural Research Conference. U.S.D.A. Forest Service, Southern Forest Experiment Station, General Technical Report SO-54, New Orleans, LA. Aust W.M. and R. Lea. 1992. Comparative Effects of Aerial and Ground Logging on Soil Properties in a Tupelo-Cypress Wetland. For. Ecol. Mgmnt. 50:57-73. Barnhill, W.L. 1974. Soil Survey of Wayne County, North Carolina. U.S.D.A. Soil Conservation Service in cooperation with the North Carolina Agricultural Experiment Station, Washington, D.C. Barnhill, W.L. 1990. Soil Survey of Greene County, North Carolina. U.S.D.A. Soil Conservation Service in cooperation with North Carolina Agricultural Research Service, North Carolina Agricultural Extension Service, and Greene County Board of Commissioners. Washington D.C. Barry, J.E. and L.E. Nix. 1993. Impact of Harvesting Activities on Oak Seedling Establishment in a Bottomland Hardwood Forest. Pages 155-158 in Proceedings of the 7t' Biennial Southern Silvicultural Research Conference. U.S.D.A. Forest Service, Southern Forest Experiment Station, General Technical Report SO-93, New Orleans, LA. Bechtold, W.A. and R.M. Sheffield. 1991. Hardwood Timber Supplies in the United States. Tappi Journal 74(5):111-116. Beissel, K. 1996. A Comparison of Vegetational, Edaphic and Hydrologic Characteristics of Riverine Forested Wetlands of the North Carolina Coastal Plain. MS Thesis, North Carolina State University, College of Forest Resources, 57pp. Binkley, D. and T.C. Brown. 1993. Management Impacts on Water Quality of Forests and Rangelands. U.S.D.A. Forest Service, Rocky Mountain Forest and Range Experiment Station, General Technical Report RM-239, Fort Collins, CO. Blackburn, W.H. and J.C. Wood. 1990. Nutrient Export in Stormflow Following Forest Harvesting and Site Preparation in East Texas. J. Environ. Qual. 19:402-408. Bowling, D.R. and R.C. Kellison. 1983. Bottomland Hardwood Stand Development Following Clearcutting. S. J. Appl. For. 7:110-116. 18 Broadfoot, W.M. 1976. Hardwood Suitability for and Properties of Important Midsouth Soils. U.S.D.A. Forest Service, Southern Forest Experiment Station, Research Paper SO-127. New Orleans, LA. 84 p. Brown, M.J. 1993. North Carolina's Forests. U.S.D.A. Forest Service, Southeastern Forest Experiment Station, Resource Bulletin SE-142. Asheville, NC. Burns, R.M. 1983. Silvicultural Systems for the Major Forest Types of the United States. U.S.D.A. Forest Service, Agricultural Handbook No. 445. Washington, D.C. Burns, R.M. and B.H. Honkala. 1990. Silvics of North America. U. S.D.A. Forest Service, Agricultural Handbook 654, Washington D.C. Eyre, F.H. 1980. Forest Cover Types of the United States and Canada. Society of American Foresters, Washington, D.C. 148 pp. Frederick, D.J. 1996. Unpublished forest inventory data for hardwood plantations in a Piedmont Stream Bottom. Department of Forestry, North Carolina State University, Raleigh, NC. Freese, D.A. 1994. Timber Harvesting Effects on Ecosystem Functions in Headwater Forested Wetlands of Southwestern Alabama. Ph.D. Dissertation, Department of Forestry, North Carolina State University, Raleigh, NC. 166 pp. Gardiner, E. S., J.D. Hodges, and S.H. Schoenholtz. 1995. Effects of Harvesting Methods on Site and Regeneration in Cypress-Tupelo Swamps. Pages 216-219 in Proceedings of the 8U' Biennial Southern Silvicultural Research Conference. U.S.D.A. Forest Service, Southern Research Station, General Technical Report SRS-1, Asheville, NC. Gent, J.A., R. Ballard, and A.E. Hassan. 1983. The Impact of Harvesting and Site Preparation on the Physical Properties of Lower Coastal Plain Forest Soils. Soil Sci. Soc. Am. J. 47:595-598. Goelz, J.C.G. 1995. A Stocking Guide for Southern Bottomland Hardwoods. S. J. Appl. For. 19(3):103-104. Golden, M.S. 1993. Establishment of Regeneration in Small Patch Clearcut Openings in am Alabama River Floodplain Forest. Pages 161-167 in Proceedings of the 7 h Biennial Southern Silvicultural Research Conference. U.S.D.A. Forest Service, Southern Forest Experiment Station, General Technical Report SO-93, New Orleans, LA. Golden, M.S. 1995. Establishment of Oak Regeneration in Group Selection Openings in a River Floodplain Forest. Pages 413-418 in Proceedings of the 8`s Biennial Southern Silvicultural Research Conference. U.S.D.A. Forest Service, Southern Research Station, General Technical Report SRS-1, Asheville, NC. Gorham, E., P.M. Vitousek, and W.A. Reiners. 1979. The Regulation of Chemical Budgets over the Course of Terrestrial Ecosystem Succession. Ann. Rev. Ecol. Syst. 10:53-84. 19 Hart, C.P., J.D. Hodges, K. Belli, and J. Stanturf. 1995. Evaluating Potential Oak and Ash Regeneration on Minor Bottoms in the Southeast. Pages 434-442 in Proceedings of the 8`h Biennial Southern Silvicultural Research Conference. U.S.D.A. Forest Service, Southern Research Station, General Technical Report SRS-1, Asheville, NC. Haynes, R.W. 1990. An Analysis of the Timber Situation in the United States: 1989-2040. U.S.D.A. Forest Service, Rocky Mountain Forest and Range Experiment Station, General Technical Report RM-199, Fort Collins, CO. 268 p. Haynes, R.W., D.M. Adams, and J.R. Mills. 1995. The 1993 RPA Timber Assessment Update. U.S.D.A. Forest Service, Rocky Mountain Forest and Range Experiment Station, General Technical Report RM-GTR-259, Fort Collins, CO. 65 p. Hook, D.D. 1988. Alternatives to Clearcutting in Lowland Hardwood Forests. Pages 34-43 in Proceedings of the 16'h Annual Hardwood Symposium of the Hardwood Research Council: Hardwood Supply - Feast or Famine, Cashiers, NC. Howell, M. 1994. Pulpwood Prices in the Southeast, 1992. U.S.D.A. Forest Service, Southeastern Forest Experiment Station, Research Note 5E-369. Asheville, NC. Hutchins, C.C. 1991. Southern Pulpwood Production, 1989. U.S.D.A. Forest Service, Southeastern Forest Experiment Station, Resource Bulletin SE-119, Asheville, NC. 28 p. Jackson, B.D. and B.J. Stokes. 1991. Low Impact Harvesting Systems for Wet Sites. 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Bottomland Hardwood Management Taskforce, Southeastern Technical Division, American Pulpwood Association, APA 88-A-6, Washington, D.C. 20 Kennedy, H.E. and J.S. Meadows. 1993. Species Composition and Stand Development 21 Years After Clearcutting in a Bottomland Wetland Forest. Pages 49-56 in Proceedings of the 7t'' Biennial Southern Silvicultural Research Conference. U.S.D.A. Forest Service, Southern Forest Experiment Station, General Technical Report SO-93, New Orleans, LA. Lea, R. 1988. Management of Eastern United States Bottomland Hardwood Forests. In the Ecology and Management of Wetlands, Volume 2: Management, Use, and Value of Wetlands. Timber Press, Portland, OR. Lloyd, S.M., R.H. Jones, B.,G. Lockaby, and L. Reyneud. 1992. Effects of harvesting activity on tree regeneration in three Alabama branch-bottom forests. Pages 869-873 in Proceedings of the 13th Annual Conference of the Society of Wetland Scientists, New Orleans, LA. McClure, J.P. and H.A. Knight. 1984. 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John Wiley and Sons, New York, NY. 578 pp. Smith, R.D., A. Ammann, C. Bartoldus, and M.M. Brinson. 1995. An Approach for Assessing Wetland Functions Using Hydrogeomorphic Classification, Reference Wetlands, and Functional Indices. U. S. Army Corps of Engineers, Waterways Experiment Station, Wetlands Research Program, Technical Report WRP-DE-9, 71 pp. plus appendices. 22 Stine, M., J.L. Chambers, M. Wilson, and K. Ribbeck. 1995. Twenty-Year Survival and Growth of Six Bottomland Hardwood Species. Pages 500-502 in Proceedings of the 8 h Biennial Southern Silvicultural Research Conference. U.S.D.A. Forest Service, Southern Research Station, General Technical Report SRS-1, Asheville, NC. Taylor, JR., M.A. Cardamone, and W.J. Mitsch. 1990. Bottomland Hardwood Forests: Their Functions and Values. Pages 13-86 in Ecological Processes and Cumulative Impacts Illustrated by Bottomland Hardwood Wetland Ecosystems, J.G. Gosselink, L.C. Lee, and T.A. Muir (eds.), Lewis Publishers, Chelsea, MI. 708 pp. Thompson, F.R., J.R. Probst, and M.G. Raphael. 1992. Silvicultural Options for Neotropical Migratory Birds. Pages 353-361 in Status and Management of Neotropical Migratory Birds. U.S.D.A. Forest Service, Rocky Mountain Forest and Range Experiment Station, General Technical Report RM-229, Fort Collins, CO. Toliver, J.R. and B.D. Jackson. 1989. Recommended Silvicultural Practices in Southern Wetland Forests. Pages 72-77 in D.D. Hook and R. Lea (eds.) The Forested Wetlands of the Southern United States, U.S.D.A. Forest Service, Southeastern Forest Experiment Station, General Technical Report SE-50, Asheville, NC. Trettin, C.C. 1992. Silvicultural Effects on Functional Processes of a Boreal Wetland. Ph.D. Dissertation. Department of Forestry, North Carolina State University, Raleigh, NC. Vitousek, P.M. and W.A. Reiners. 1975. Ecosystem Succession and Nutrient Retention: A Hypothesis. Bioscience 25(6):376-381. Waldbridge, M.R. and B.G. Lockaby. 1994. Effects of Forest Management on Biogeochemical Functions in Southern Forested Wetlands. Wetlands 14(1):10-17. Walker, L.C. and K.G. Watterson. 1972. Silviculture of Southern Bottomland Hardwoods. Bulletin 25, School of Forestry, Stephen F. Austin State University, Nacogdoches, TX. Wigley, T.B. and T.H. Roberts. 1994. A Review of Wildlife Changes in Southern Bottomland Hardwoods Due to Forest Management Practices. Wetlands 14(1):41-48. Wilkinson, D.L., K. Schneller-McDonald, R.W. Olson, and G.T. Auble. 1987. Synopsis of Wetland Functions and Values: Bottomland Hardwoods with Special Emphasis on Eastern Texas and Oklahoma. U.S.D.I. Fish and Wildlife Service, Biological Report 87(12), Washington D.C. Zaebst, T.W., W.M. Aust, S.H. Schoenholtz, and C. Fristoe. 1995. Recovery Status of a Tupelo- Cypress Wetland Seven Years After Disturbance: Silvicultural Implications. Pages 229-235 in Proceedings of the 8d' Biennial Southern Silvicultural Research Conference. U. S.D. A. Forest Service, Southern Research Station, General Technical Report SRS-1, Asheville, NC. 23 k D R A F T - SUBJECT TO REVISION - MARCH, 1996 CONSERVATION EASEMENT DEED THIS CONSERVATION EASEMENT dated this - - - day of - _ - - - - -, 199-, by and between - - - - - - - - - - - - - - - - - - - - - - - - herein referred to as the "Grantor" or "Landowner", and the Wayne Soil and Water Conservation District, herein referred to as the "Grantee". The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns. The Grantor covenants with the Grantee, that Grantor is seized of the premises described below in section I in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinbelow described is subject to the following exceptions: (LEAVE SPACE FOR EXCEPTIONS) (NEED EXAMPLES OF EXCEPTIONS) This easement is under the authority and furtherance of the provisions of State and Federal law, including the Soil and Water Conservation Districts Law of 1937 (State), Conservation and Historic Preservation Act (Federal), section 1462 of the Food, Agriculture, Conservation, and Trade Act of 1990 (Federal), the Watershed Protection and Flood Prevention Act of 1954 (Federal),Federal Executive order 11988 - Flood Plain Management (May 24, 1977), and Federal Executive Order 11990 - Protection of Wetlands (May 24, 1977). The restrictions and covenants contained in this easement constitute a perpetual servitude on and run with the property. The Grantor, all successors, and assigns ("landowner") under this deed covenant with the Grantee to do or refrain from doing, severally and collectively, the various acts mentioned later in this easement. The Grantee is conveyed the rights enumerated in this easement for itself, its successors, agents and assigns. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant bargain, sell and convey unto the Grantee, an appurtenant conservation easement in, over and under the lands described hereafter with the appurtenant right of access. This conservation easement is created pursuant to the N.C. Historic Preservation and Conservation Agreements Act and in furtherance of Purposes of State and Federal Law set forth above and is granted in perpetuity. This appurtenant conservation easement and right of access is located on land situated in --------------- Township, Wayne County, North Carolina and more particularly described below in section I. D R A F T - SUBJECT TO REVISION - MARCH, 1996 I. Description of the Easement Area and Access Thereto: The area subject to the Conservation Easement, referred to herein as the "easement area" is described as follows: (DESCRIPTION - EASEMENT SHOULD STOP AT NCDOT RIGHT-OF-WAYS AND AT LEAST 100 FEET FROM NCDOT BRIDGES) The property hereinabove described was acquired by Grantor by instrument recorded in ------------------------------------------ 2 D R A F T - SUBJECT TO REVISION - MARCH, 1996 II. Covenants by the Landowner. A. No dwellings, barns, outbuildings, or other structures shall be built within the easement area. B. The vegetation and hydrology of the described easement area will be established for the landowner according to a Wetland Restoration Plan developed between the Grantee and cooperating Federal and State agencies. Said plan will be consistent with the preservation and enhancement of floodplain and wetland functional values. After the plan is implemented, the easement area will not be altered in any way or by any means or activity on the property conveyed by this deed, or property owned or under the control of the landowner, including (1) cutting or mowing; (2) cultivation; (3) grazing; (4) burning; (5) placing of refuse, wastes, chemicals, sewage, or other debris; (6) draining, dredging, channeling, filling, leveling, discing, pumping, diking, impounding, or related activities; or (7) diverting or affecting the natural flow of surface or underground waters into, within, and out of the easement area except as noted in this easement. C. The landowner will be allowed to selectively harvest timber in accordance with a Wetland Timber Management Plan developed with concurrence of the US Army Corps of Engineers. Said plan will be consistent with the preservation and enhancement of floodplain and wetland functional values. D. Notwithstanding the provision of paragraph II-B above, the landowner shall be responsible for compliance with all federal, state, and local laws for the control of noxious or other undesirable plants on the easement area. The responsibility for such plant control may be assumed in writing by and at the option of the Grantee where the control or manipulation of such plants is deemed by the Grantee to affect easement management programs or policies. E. Cattle or other stock shall not be permitted on the easement area, except that the Grantee shall permit access to and use of waters within the area necessary for stock watering under such terms and conditions as the Grantee deems necessary to protect and further the purposes of this easement, provided: (1) the Grantor bears the costs of building and maintaining fencing or other facilities reasonably necessary to preclude stock from entering the easement area; and (2) access for stock watering need not be permitted where other waters are reasonably available from other sources outside the easement area. 3 w D R A F T - SUBJECT TO REVISION - MARCH, 1996 III. Rights Conveyed to Grantee. The Grantee and its successors or assigns, is conveyed the rights, at its sole discretion, to manage the easement area including the following authorities: A. The rights of reasonable ingress and egress on and across any and all lands and easements of the landowner ("servient estate") as of the date of this instrument, whether or not adjacent or appurtenant to the easement area, for access to the easement area in order to conduct wetlands management, monitoring, and easement enforcement activities. The Grantee may utilize vehicles and other reasonable modes of transportation for access purposes overland or on any right of way described in paragraph I. In the event that the use of the described access over the servient estate is not practical for any reason, the Grantee may utilize any convenient route of access to the easement area over the servient estate. B. The rights to install, operate, and maintain structures for the purpose of reestablishing, protecting, and enhancing wetland functional values including the taking of construction materials to and from said sites. C. The right to establish, alter, and otherwise control vegetation through seedings, plantings, or natural succession. D. The right to alter or otherwise control vegetation, topography and hydrology on the easement area through diking, pumping, water management, excavating, island construction, burning, cutting, pesticide application, fertilizing, and other appropriate practices. E. The right to prevent grazing or other types of encroachment on the easement area. IV. Easement Management and Administration. A. All rights, title and interests of the Grantee in this easement are administered by the Wayne Soil and Water Conservation District. The Wayne Soil and Water Conservation District may enforce all the terms and conditions of this easement, along with exercising all rights and powers conveyed in this easement through such general or specific regulations or orders as have been or may be, from time to time, promulgated under the authority of the Soil and Water Conservation Districts Law of 1937. Notwithstanding the above rights in paragraph III, conveyed to the Grantee, the Wayne Soil and Water Conservation District may permit the landowner to pursue such activities on said sites as would be consistent with the preservation and enhancement of floodplain and wetland functional values. B. As used in this easement, the term "Grantee" shall refer to the authorized official of the Wayne Soil and Water Conservation District. 4 D R A F T - SUBJECT TO REVISION - MARCH, 1996 V. General Provisions. A. The agreed upon purposes of this easement are the restoration, preservation, and maintenance of the wetland and floodplain areas including protection and enhancement of plant and animal habitat and populations. A "Wetland" is defined by reference to section 7(c) of Federal Executive Order 11990 - Protection of Wetlands and a "floodplain" is defined by reference to section (6)c of Federal Executive order 11988 - Flood Plain Management. Any ambiguities in this easement shall be construed in a manner which best effectuates wetland preservation. B. Any subsequent amendment to or repeal of any federal or state law or order which authorizes this easement shall not affect the rights conveyed to the grantee or subsequently held by its successors or assigns. C. For purposes of this easement, wetland management rights conveyed to the grantee include, but are not limited to, inspection for compliance with the terms of this easement and any other activity consistent with the preservation and enhancement of wetland functional values. D. The Grantee, its successors and assigns shall have the right to make surveys, take photographs, and prepare such other documentation as may be necessary or desirable to administer the provision of this easement. Any such map, plat, or other suitable document may be recorded in the land records of the respective county in which the property is located. E. The easement does not authorize public entry upon or use of land. The landowner may permit it at the landowner's discretion. F. The landowner and invitees may hunt and fish on the easement area in accordance with all Federal, State, and local game and fishery regulations. G. The North Carolina Department of Transportation holds any rights to the use of the restored wetland area for compensatory mitigation. H. This easement shall be binding on the Grantor, their heirs, successors, or assigns. The Grantor covenants to warrant and defend unto the Grantee, its successors, or assigns, the quiet and peaceable use and enjoyment of the land and interests in the land constituting this easement against all claims and demands. I. In the performance of any rights of the Grantee under this easement, the Grantee may permit, contract, or otherwise provide for action by employees, agents, or assigns which may include the landowner. 5 D R A F T - SUBJECT TO REVISION - MARCH, 1996 VI. Enforcement and Remedies. A. Upon any breach of the terms of this Conservation Easement by the Grantor, their heirs, successors, or assigns, which comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall have ninety (90) days after receipt of such notice to undertake actions that are reasonably calculated to promptly correct the conditions constituting such breach. If the breach remains uncured after ninety (90) days, the grantee may exercise any or all of the following remedies: 1. Institute suits to enjoin any breach or enforce any covenant by temporary an/or permanent injunction either prohibitive or mandatory and/or to recover any damages from injury to any conservation values protected by this Conservation Easement, including damages for the loss of scenic, aesthetic, historic, or environmental values and attorneys fees if Grantee prevails; and 2. Require that the land be restored promptly to the condition required by this Conservation Easement. B. The Grantee has the right to prevent any activity on or use of the Property that is inconsistent with the purpose of this Conservation Easement. Grantee's remedies shall be cumulative and shall be in addition to any other rights and remedies available to Grantee at law or equity. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the Property, the Grantee may pursue its remedies without prior notice to Grantor, but shall exercise reasonable efforts to notify Grantor. C. No failure on the part of Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right of Grantee to enforce the same in the event of a subsequent breach or default. D. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or from prudent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Property resulting from such causes, in accordance with the provisions of Paragraph II.B. hereunder. TO HAVE AND TO HOLD, the herein described interests in land unto the Grantee forever. WITNESS, the signature of the Grantor. WITNESS, the signature of the authorized officer of the Grantee. rman, Wayne Soil and Water Conservation District 6 01 NAHUNTA SWAMP WETLAND RESTORATION PLAN OF OPERATION The primary goal in this wetland restoration plan is the restoration of bottomland hardwood habitat adjacent to Nahunta Swamp and it's tributaries (riparian areas) to improve water quality and improve wildlife and aquatic habitat. All restoration work will be done on Johnston soils. The vegetation to be established will trap sediment and nutrients from adjoining cropland as well as provide food and cover for both game and non-game species. The restored riparian area will also provide valuable wildlife travel corridors along the stream. Field No. 2 represents a typical prior converted wetland in Nahunta Swamp Watershed. The field consists of 8 acres of Johnston loam soils currently being farmed. Johnston soils in a natural state are very poorly drained, nearly level soils on wide, flat, low flood plains along large drainageways. The seasonal high water table is at the surface. Flooding is very frequent (more often than once in two years) and of long duration (seven days to one month from November through July). A representative profile near the junction of Exum Mill Branch and Nahunta Swamp includes: Ap - 0 to 10 inches, very dark-grey (10YR 3/1) loam Al - 10 to 28 inches, black (10YR 2/1) loam Blg - 28 to 32 inches, grey (10YR 5/1) sandy loam B2g - 32 to 45 inches, grayish-brown (10YR 5/2) sandy loam Cg - 45 to 65 inches, light-grey (10YR 7/1) sand There are no restrictive layers in the soil. Hydrology is a function of landscape position and frequent flooding. There is an intercepter ditch (Ditch 1) running parallel with Nahunta Swamp, separating the upland area from the flood plain. This ditch controls most of the hydrology for the field by intercepting the overland and subsurface flow from the upland areas. There is a property line ditch (Ditch 2) that directs the flow from Ditch 1 to Nahunta Swamp. Ditch 2 has a limited effect on the hydrology but must remain open for the adjoining landowner unless he can be persuaded to cooperate with the wetland restoration program. A major goal of the Soil & Water Conservation Districts will be to have as many adjacent landowners cooperating as possible to increase the effectiveness of the project. NRCS's standards and specifications for wetland restoration' will be followed except that the US Army Corps of Engineers' recommendations' for species composition and survival rates will take precedence. The US Army Corps of Engineers recommends a minimum of 6 hardwood species with no more than 20% of any one species. Planting will be on a 10 foot by 10 foot spacing (435 trees per acre). The goal will be a minimum of 320 trees per acre surviving 3 years after the wetland hydrology has been reestablished. Pine will not be planted and should account for less than 10% of the total site species. 'Natural Resources Conservation Service Technical Guide, Section IV, Practice Code 657, Wetland Restoration, (July, 1992) 'Compensatory Hardwood Mitigation Guidelines, US Army Corps of Engineers, December, 1993 MARCH 28, 1996 D R A F T Tree planting will be done before the hydraulic modifications are made to reduce seedling mortality. The wetland hydrology will be reestablished in as simple a manner as possible to reduce operation and maintenance costs. It is anticipated that earthen plugs, 100 feet in length, can be used to block the drainage ditches and restore the hydrology. The number of plugs and their location will be determined during individual field planning. In some situations it may be necessary to fill the entire length of the drainage ditch. Overland flow from the adjacent slopes and the periodic flooding of Nahunta Swamp will be sufficient to restore the wetland hydrology. There will be no need for diking, levees, or other ponding structures or the artificial introduction of additional water. Local reference wetlands will be used to compare progress in restoration. Timber harvesting will be permitted in accordance with a wetland timber management plan developed with the concurrence of the US Army Corps of Engineers. The plan will maintain the hydrology, vegetative community, and other wetland functions and values. Clear cutting will not be allowed. The NC Department of Transportation will provide funds for purchase of the conservation easements and restoration of the wetland areas. A wetlands mitigation plan will be developed with the concurrence of the US Army Corps of Engineers. Best Management Practices on critically eroding cropland adjacent to the restored wetland areas will reduce sedimentation. Provisions in the conservation easements will protect the restored wetland areas from destruction by human/animal actions (4-wheel drive vehicles, livestock grazing, etc.). The US Army Corps of Engineers' Mitigation Planning Checklist will be followed at each step of the planning process. The mitigation plan will include success criteria, a description of a local reference wetland site, monitoring plans for vegetation and hydrology, and an analysis of the restored hydrology including water budgets. As-built plans of the wetland restoration, random sampling of the vegetation on each tract, and monitoring reports will be prepared and submitted to the appropriate agencies by the North Carolina Department of Transportation. MARCH 28, 1996 D R A F T WETLAND RESTORATION PLAN/SCHEDULE OF OPERATIONS NAME: EXAMPLE COUNTY: WAYNE STATE: NC CONTRACT NO: 1-T-5431 TOTAL ACRES UNDER CONTRACT: 8.18 SUMMARY OF WETLAND RESTORATION PLAN OF OPERATION (WRPO) PURPOSE AND FUNCTION: This Wetland Restoration Plan will restore a palustrine forested wetland (bottomland hardwood). Wetland values that will be restored include wildlife habitat, water quality improvement, recreation, and forest resources. SUMMARY: The 8.18 acres shown on the attached Plan of operations map will be placed under a perpetual easement. The WRPO will: 1. Restore the bottomland hardwood community by planting hardwood trees on a 10 foot by 10 foot spacing (435 trees per acre). 2. Restore the wetland hydrology by installing a ditch plug (100 feet long) where shown on the Plan of operations map. 3. Allow the NC Department of Transportation to secure mitigation credits with the US Army Corps of Engineers. COMPATIBLE USES: The following uses have been determined to be compatible with the purpose for which this Wetland Restoration Plan of Operation and Conservation Easement is established: 1. Hunting, fishing, trapping, birdwatching, and recreational hiking that is fully consistent with state and federal regulations, including the leasing of such rights to others. 2. Selective timber harvesting in accordance with a wetland timber management plan developed with the concurrence by the US Army Corps of Engineers. The plan will maintain the hydrology, the vegetative community, and other wetland functions and values. Clear cutting will not be permitted. Streamside Management Zones will be established adjacent to Nahunta Swamp and its tributaries. OPERATION AND MAINTENANCE: 1. Adequate maintenance will be provided to facilitate establishment of woody vegetation. This may require the suppression of weeds and pine species. The area will be considered established to woody vegetation if 320 stems per acre are surviving for three growing seasons after the wetland hydrology has been reestablished. Species composition will include at least 6 hardwoods with no single species accounting for more than 20% of the population. 2. The ditch plugs will be maintained for the life of the easement. MARCH 28, 1996 D R A F T 00 ae_ Tr y :.:yU. ,x .?Y I n' T y!3 eR• ;Liz SOS -? ?+'?- cu -f •? 'ate ?.???y?_ ?? - 4..r, ?%'• ? ,.. _ .+.?au°' .?K?'1.J5£'axfi --k2 eat " ? •?w ? '?"?-ss '-. t:: :_?:;;...i'1?+t+t .?•:? ? is •? .... -... - .:?- ,' ? ?. ? ` ,1 .C i fJ?rh?4. ` f Y .n -6,'-S ? t ? „?T i I --.?? 2?' [ '• Y'''.•k-*Y?. "•"' "'S.-r ^ :` ??? ?. ?lNEi?C•+ '; ?.?'' fN?i.., '):•S Ate"-•, '.??• -? t?? ? ? - ?' . r' ._ •. 1. ? ? lr•r t? •'..• .i P•.:? psi. ?~?S?'••;' I ? ???'---ttt ,.. 1:."?. I •r' - ? < ??? fir, "' '-;,, `1 2.Sb ? !._` ? .e '' ;ki 3 _ .? ? - `=•ti •• tii Ji ? ._. l?`10 ° LY?•r?".?++? 1 .? '?4.? r '? ? 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Na (A United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 April 12, 1996 David Robinson, P.E., Permits and Mitigation Unit N.C. Department of Transportation Division of Highways P.O. Box 25201 Raleigh, NC 27611-5201 Re: Proposed Nahunta Swamp Mitigation Bank Greene/Wayne Counties, North Carolina Dear Mr. Robinson: vice (Service) is writing to follow up on the U.S. Fish and Wildlife Ser The U interagency on-site tour of the Nahunta Watershed Project held on January 23, 1996. This letter represents the views of the N.C. Wildlife Resources Health and Natural Commission (NCWRC) and the N.C. Department of Environment, Resources - Division Environmental effortsManagement identify potential Mcompensatory the Service. We appreciate your mitigation sites in advance as well as your interest in coordinating with resource agencies at an early stage. We support the concept and have outlined several scenarios regarding the project's use as a N.C. Department of Transportation (NCDOT) mitigation bank that appear acceptable to us at this time. We are interested in further discussion concerning the establishment of a formal mitigation bank and the drafting of a Memorandum of Agreement among agencies involved. L As stated in the Nahunta Swam waLeLja=u =emu.. ?-- --- -,April 1995) the (NCDEHNR - Division of Soil and Water Conservation (DSWC), Ap Nahunta Swamp Watershed has been degraded by excessive erosion and nutrients associated with agricultural activities and swine operations. It is our understanding that the main run of the swamp was dredged at the turn othears century, however, no active maintenance has occurred in approximately 50 or is proposed in the future. Much-of the riparian plant commun nity hasaieed removed and the floodplain corridor has been ditched, drained d in agricultural production. Since much of the corridor is designated as prior converted cropland, the majority of wetlands associated with this swamp are no longer considered jurisdictional. As stated in the Assessment, the DyI basinwide management plan for the Neuse River ranked Greene and Wayne counties high in need of additional Best Management Practices on cropland. Contentnea Creek and Trent Creek subbasins ranked the highest in number of stream miles impaired by agriculture and Conter_tnea Creek is estimated as contributing 20 percent of the non-point source nutrient loading to the lower Neuse estuary. The current degraded condition tofNahoutatSwamp a Watershed is characteristic of many perennial As resource managers, we would like to have the maximum number of eological the functions restored to Nahunta Swamp. This can be achieved by filling feeder drainage ditches and reestablishing a contiguous forested riparian corridor along the stream bed. Such activities would enhance watersqutlityin nutrient il laden Nahunta Swamp and downstream wate-bodies by filtering stormwater runoff from adjacent agricultural lands through a vegetated buffer area; naturally stabilizing the soils and stream banks with.vegetative? a structure; and absorbing and slowly releasing storm and flood waters naturalized floodplain. Furthermore, the forested riparian corridor would provide cover, forage and/or nesting habitat for a variety of wildlife species including resident and migratory birds, deer and small mammals, reptiles and amphibians. Streambank vegetation with overhanging limbs reduces in-stream temperatures and provides forage and cover for resident freshwater fish species. Improved water quality and the provision of detritus from wetland and riparian vegetation enhances downstream waterbodies and thus benefits a variety of aquatic organisms, federal and state listed aquatic invertebrates, and anadromcus fish species dependent upon the ecosystem. NCDOT's involvement in the restoration of Nahunta Swamp is contingent upon the mitigation. banking potential that can be derived. While acknowledging that any level of effort to restore ecological functions is worthy, the resource agencies are interested in a comprehensive effort to-restore the system as a whole if this is to be used as a mitigation bank. Because credits would be debited for wetland impacts throughout the area of applicability,. our involvement in a formal mitigation banking agreement would require assurance that NCDOT's efforts would result in significant individual and cumulative contributions to enhanced ecological functions in the watershed. With this in mind, we propose the following recommendations: o Emphasis should be placed on providing maximum connectivity of the forested riparian corridor to avoid a patc_?work of fragmented habitat. o We prefer that restoration efforts be focused on maximizing a linear riparian corridor along the swamp and its tributaries rather than focusing on horizontal distance from the stream centerline. o Efforts should be concentrated within a 300-foot zone from the stream centerline based on minimum buffer width requirements for neotropical migratory birds and optimal water quality maintenance functioning. Areas outside of this zone would be reviewed on a case by case basis. o We foresee that the mitigation bank would consist of restoration, enhancement and preservation components. We do not think that wetland creation would be appropriate. o It is extremely important to ensure the protection of the mitigation sites in perpetuity through conservation easement. It is equally important to have an endowment held in escrow for use to monitor the mitigation sites and enforce the terms of the easement. o It is important to ensure that participating private landowners are not recei-ring benefits from any other government conservation program for the same parcel of property. Equally important, participation in this initiative should not enable the landowners to achieve compliance with best management practices or other regulations for which they are otherwise responsible. We have come up with a variety of scenarios, with commensurate mitigation ratios, that we consider acceptable. Because several private landowners would be involved and existing site conditions vary, we felt that offering flexible mitigation scenarios would increase the likelihood of landowner participation in this. initiative. Since we would like to maximize the contiguity of the riparian corridor we would encourage preservation of existing forested wetland and upland buffers in addition to restoration. We are trying to offer the greatest possible incentive for NCDOT to purchase the riparian corridor outright, disallow timbering activities, and thus preclude enforcement complications. However, we understand the need to provide incentive for landowner participation and, therefore, scenarios have been devised to allow timbering with an approved timber management plan. The provisions of a timber management plan have not yet been finalized, however, we anticipate that a no- cut zone would be designated adjacent to the stream bed., At this time we are proposing the following mitigation scenarios that can be varied site by site: Proposed Mitigation Prctection Ratio S=enario 2:1 Restoration via plar__ing and filling ditches; NCDOT purchases property fee simple title; property then donated to conservat=on organization or conservation easement granted to a land trust; and, no timbering allowed unless the t=ees are diseased or are exposed to other emergency measures. Other exceptions may be granted on a case by case basis. 2.1 Restoration via planting and filling ditches; DSWC holds conservation easement; NCDOT provides endowment to be held in escrow for monitoring and enforcement; and, no timbering al=owed unless the trees are diseased or are expcs=_d to other emergency measures. Other exceptions may be granted on a case by case basis. 4.1 Restoration via planing and filling ditches; DSWC holds conservation easement; NCDOT provides endowment to be held in escrow for monitoring and enforcement; and, timbering rights,-in accordance with an approved timber management pla_*i, maintained by private landowner. 6-10:1 Preservation of exis=ing forested wetlands along corridor; NCDOT purc?_-ases property fee simple title and property then donated to conservation organization (or conservation easement granted to a land trust), or DSWC holds conservation easement and NCDOT provides - endowment to be held in escrow for monitoring and enforcement; and no =imbering allowed. High end of mitigation ratio if _imbering rights, in accordance with an approved timer management plan, maintained by private landowner. 12-15:1 Preservation of exis=ing forested uplands along corridor; NCDOT purchases property fee simple title and property then dc=ated to conservation organization (or conservation easement granted to a land trust), or DSWC holds conservation easement and NCDOT provides endowment to be held in escrow for monitoring and enforcement; and no _imbering allowed. High end of mitigation ratio if =imbering rights, in accordance with an approved timber management plan, maintained by private landowner. The DEM supports the general approach outlined above with the following caveats. The N.C. Environmental Management Commission passed revised rules for the 401 Certification process in March ::96. Many of these changes will 7 be in effect when some of the wetland fills which are anticipated to be credited to this bank are permitted. The mitigation portion of the rules will normally require a minimum of 1:1 restoration (or creation) of wetland for unavoidable wetland loss. It is DEM's understanding that the majority-of this project involves restoration. Therefore, this may not be a concern. The other ratios listed above are generally consistent with these new rules. In some unusual cases, the 401 Certification will have to be conditioned to require mitigation in the same watershed as the impact instead of to this (or any other) bank. The Service, NCWRC and NCDEHNR-DEM are optimistic that, based on the partnerships involved and the degree of flexibility proposed, this initiative could yield a high level of participation among private landowners within the Nahunta Swamp Watershed. We think this initiative has excellent potential to serve as a model for other watersheds in the state of North Carolina. Please continue to advise us of the progress made on this initiative and thank you for the opportunity to coordinate at an early stage. If the Service can supply any additional information or clarification, please contact Katherine Doak, the biologist reviewing this project, at (919)-856-4520, ext 19. Sincerely yours, ohn Hefner - Field Supervisor USFWS?- Frank McBride Manager, Habitat Conservation Program NCWRC V. Jo Dorney Biogical Supervisor NCo HNR - DEM JH/KHD CC: 'NCDEHNR-DEM NCDEHNR-DCM NCDEHNR-DSWC NCDEHNR-DFR NCWRC USAGE USEPA NMFS FHP7A N.C. Cooperative Exchange Service Greene Soil and Water Conservation District Wayne Soil and Water Conservation District Conservation Trust for North Carolina North Carolina Coastal Land Trust FWS/R4/KDoak/KHD:4-12-96/919-856-4520 ext 19/wp:Nahunta.mit United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 April 12, 1996 David Robinson, P.E., Permits and Mitigation Unit N.C. Department of Transportation Division of Highways P.O. Box 25201 Raleigh, NC 27611-5201 Re: Proposed Nahunta Swamp Mitigation Bank Greene/Wayne Counties, North Carolina Dear Mr. Robinson: The U.S. Fish and Wildlife Service (Service) is writing to follow up on the int ragency on-site tour of the Nahunta Watershed Project held on January 23, 1998. This letter represents the views of the N.C. Wildlife Resources Commission (NCWRC) and the N.C..Department of Environment, Health and Natural Resources - Division of Environmental Management (NCDEHNR - DEM) as well as the Service. We appreciate your efforts to identify potential compensatory mitigation sites in advance as well as your interest in coordinating with resource agencies at an early stage. We support the concept and have outlined several scenarios regarding the project's use as a N.C. Department of Transportation (NCDOT) mitigation bank that appear acceptable to us at this time. We are interested in further discussion concerning the establishment of a formal mitigation bank and the drafting of a Memorandum of Agreement among agencies involved. As stated in the Nahunta Swamp Watershed Plan and Environmental Assessment (NCDEHNR - Division of Soil and Water Conservation (DSWC), April 1995) the Nahunta Swamp Watershed has been degraded by excessive erosion and nutrients associated with agricultural activities and swine operations. It is our understanding that the main run of the swamp was dredged at the turn of the century, however, no active maintenance has occurred in approximately 50 years or is proposed in the future. Much-of the riparian plant community has been removed and the floodplain corridor has been ditched, drained and maintained in agricultural production. Since much of the corridor is designated as prior converted cropland, the majority of wetlands associated with this swamp are no longer considered jurisdictional. As stated in the Assessment, the DEM basinwide management plan for the Neuse River ranked Greene and Wayne counties high in need of additional Best Management Practices on cropland. Contentnea Creek and Trent Creek subbasins ranked the highest in number of stream miles impaired by agriculture and Contentnea Creek is estimated as contributing 20 percent of the non-point source nutrient loading to the lower Neuse estuary. The current degraded condition of Nahunta Swamp Watershed is characteristic of many perennial stream systems throughout the state. As resource managers, we would like to have the maximum number of ecological functions restored to Nahunta Swamp. This can be achieved by filling the feeder drainage ditches and reestablishing a contiguous forested riparian corridor along the stream bed. Such activities would enhance water quality in Nahunta Swamp and downstream waterbodies by filtering nutrient and silt laden stormwater runoff from adjacent agricultural lands through a vegetated buffer area; naturally stabilizing the soils and stream banks with vegetative structure; and absorbing and slowly releasing storm and flood waters in a naturalized floodplain. Furthermore, the forested riparian corridor would provide cover, forage and/or nesting habitat for a variety of wildlife species including resident and migratory birds, deer and small mammals, reptiles and amphibians. Streambank vegetation with overhanging limbs reduces in-stream temperatures and provides forage and cover for resident freshwater fish species. Improved water quality and the provision of detritus from wetland and riparian vegetation enhances downstream waterbodies and thus benefits a variety of aquatic organisms, federal and state listed aquatic invertebrates, and anadromous fish species dependent upon the ecosystem. NCDOT's involvement in the restoration of Nahunta Swamp is contingent upon the mitigation banking potential that can be derived. While acknowledging that any level of effort to restore ecological functions is worthy, the resource agencies are interested in a comprehensive effort to restore the system as a whole if this is to be used as a mitigation bank. Because credits would be debited for wetland impacts throughout the area of applicability, our involvement in a formal mitigation banking agreement would require assurance that NCDOT's efforts would result in significant individual and cumulative contributions to enhanced ecological functions in the watershed. With this in mind, we propose the following recommendations: o Emphasis should be placed on providing maximum connectivity of the forested riparian corridor to avoid a patchwork of fragmented habitat. o We prefer that restoration efforts be focused on maximizing a linear' riparian corridor along the swamp and its tributaries rather than focusing on horizontal distance from the stream centerline. o Efforts should be concentrated within a 300-foot zone from the stream centerline based on minimum buffer width requirements for neotropical migratory birds and optimal water quality maintenance functioning. . Areas outside of this zone would be reviewed on a case by case basis. o We foresee that the mitigation bank would consist of restoration, enhancement and preservation components. We do not think that wetland creation would be appropriate. o It is extremely important to ensure the protection of the mitigation sites in perpetuity through conservation easement.. It is equally important to have an endowment held in escrow for use to monitor the mitigation sites and enforce the terms of the easement. o It is important to ensure that participating private landowners are not receiving benefits from any other government conservation program for the same parcel of property. Equally important, participation in this initiative should not enable the landowners to achieve compliance with best management practices or other regulations for which they are otherwise responsible. We have come up'with a variety of scenarios, with commensurate mitigation ratios, that we consider acceptable. Because several private landowners would be involved and existing site conditions vary, we felt that offering flexible mitigation scenarios would increase the likelihood of landowner participation in this initiative. Since we would like to maximize the contiguity of the riparian corridor we would encourage preservation of existing forested wetland and upland buffers in addition to restoration. We are trying to offer the greatest possible incentive for NCDOT to purchase the riparian corridor outright, disallow timbering activities, and thus preclude enforcement complications. However, we understand the need to provide incentive for landowner participation and, therefore, scenarios have been devised to allow timbering with an approved timber management plan. The provisions of a timber management plan have not yet been finalized, however, we anticipate that a no- cut zone would be designated adjacent to the stream bed. At this time we are proposing the following mitigation scenarios that can be varied site by site: Proposed Mitigation Protection Ratio Scenario 2:1 Restoration via planing and filling ditches; NCDOT purchases property fee simple title; property then donated to conservation organization or conservation easement granted to a land trust; and, no timbering allowed unless the t=ees are diseased or are exposed to other emergency measures. Other exceptions may be granted on a case by case basis. 2:1 Restoration via planting and filling ditches; DSWC holds conservation easement; NCDOT provides endowment to be held in escrow for monitoring and enforcement; and, no timbering allowed unless the trees are diseased or are expo=ed to other emergency measures. Other exceptions may be granted on a case by case basis. 4•1 Restoration via plar_=ing and filling ditches; DSWC holds conservation easement; NCDOT provides endowment to be held in escrow for monitoring and enforcement; and, timbering right=,-in accordance with an approved timber management plan, maintained by private landowner. 8-10:1 Preservation of exis=ing forested wetlands along corridor; NCDOT pure-ases property fee simple title and property then dcaated to conservation organization (or conservation easement granted to a land trust), or DSWC holds conservation easement and NCDOT provides endowment to be held in escrow for monitoring and enforcement; and no =imbering allowed. High end of mitigation ratio if =imbering rights, in accordance with an approved timer management plan, maintained by private landowner. 12-15:1 Preservation of exis=ing forested uplands along corridor; NCDOT purchases property fee simple title and property then dc_ated to conservation organization (or conservation easement granted to a land trust), or DSWC holds conservation easement and NCDOT provides endowment to be held in escrow for monitoring and enforcement; and no =imbering allowed. High end of mitigation ratio if =imbering rights, in accordance with an approved timber management plan, maintained by private landowner. The DEM supports the general approach outlined above with the following caveats. The N.C. Environmental Management Commission passed revised rules for the 401 Certification process in March 1996. Many of these changes will be in effect when some of the wetland fills which are anticipated to be credited to this bank are permitted. The mitigation portion of the rules will normally require a minimum of 1:1 restoration (or creation) of wetland for unavoidable wetland loss. It is DEM's understanding that the majority of this project involves restoration. Therefore, this may not be a concern. The other ratios listed above are generally consistent with these new rules. In some unusual cases, the 401 Certification will have to be conditioned to require mitigation in the same watershed as the impact instead of to this (or any other) bank. The Service, NCWRC and NCDEHNR-DEM are optimistic that, based on the partnerships involved and the degree of flexibility proposed, this initiative could yield a high level of participation among private landowners within the Nahunta Swamp Watershed. We think this initiative has excellent potential to serve as a model for other watersheds in the state of North Carolina. Please continue to advise us of the progress made on this initiative and thank you for the opportunity to coordinate at an early stage. If the Service can supply any additional information or clarification, please contact Katherine Doak, the biologist reviewing this project, at (919)-856-4520, ext 19. Sincerely yours, John Hefner Field Supervisor USFWS &Cti- ?? Frank McBride Manager, Habitat Conservation Program NCWRC Jo Dorney Bio ogical Supervisor NC HNR - DEM JH/KHD CC: NCDEHNR-DEM NCDEHNR-DCM NCDEHNR-DSWC NCDEHNR-DFR NCWRC USACE USEPA NMFS FHWA N.C. Cooperative Exchange Service Greene Soil and Water Conservation District Wayne Soil and Water Conservation District Conservation Trust for North Carolina North Carolina Coastal Land Trust FWS/R4/KDoak/KHD:4-12-96/919-856-4520 ext 19/wp:Nahunta.mit Illlff r id S' \ - ) 5?Z swamp ls3o ? ? 1387 w u11ta r -? --- ? i ???P i Faro '? s JI 1362 a D 1 '•? 1537 1523_ 1525 46,1058 •3 105dt? 1721 1513 0 154 1572 m 1366 PIKEVILLE 1543 \9„ Q 535 1.8 7 1608 ry B 1.1 35°30' B .46 a 1534 •D 1 136 1523 ., ? 4. .8 1534 1616 :r 1311 S O 1534 4p,, White 1537 Thp i Ook ?` v ?o 16 ? 1322 4 - - 'S 1 Mt. Carmel 1583 ! C}Ij} teas LL ' 1321. 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MATCH 1726 g 0 1916 ti 1` 4•i :? 1719 1798 110 • r 1920 1960 1917 202_ 191,51729 1710 ? •? ,ti ry 1727 t?::...? .? 1932 y \ 172b ?• ?;.`:.,;: ;..:a 'O 1911 tl y 1731 70 TO KtfSTO 1960 ..Emmau(.` 1 a I ?i1 / 1727 WALNUT CREEK 1732 n\;ti. ? ;? 9 - n ?a> ? ?rrrp,h - Tb1- I?So .? ?: i 4 ?^ ?? t- ,;? ?? , ? ?? . STATE OF NORTH CAROLINA ?rq l?9? DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR. GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SECRETARY January 3,1996 MEMORANDUM TO: Participants ofNahunta Watershed Project Tour, January 23, 1995. k FROM: David C. Robinson, P.E., Permits and Mitigation Unit t'^*--'" SUBJECT: Arrangements for On-site Tour of Nahunta Watershed Project. An on-site tour has been coordinated by the North Carolina Department of Transportation (NCDOT), the Natural Resources Conservation Service (NRCS) and the Division of Soil and Water Conservation (DSWC). The purpose of this tour is to familiarize the regulatory agencies with the general areas of restoration proposed in the Memorandum of Agreement between the NCDOT, NRCS and DSWC. A specific site already purchased by NCDOT will also be visited as an example of the mitigation proposed. A fifteen passenger van will be provided and will leave from the Motor Pool on Peace and Person Streets at 8:00 a.m. on Tuesday, January 23, 1995. If you wish to drive separately, meet us at the Wayne County Agricultural Complex in Goldsboro at 10:00 a.m. (See attached map.) Please come prepared for inclement weather and for walking in wet conditions. Please contact Robin Little at 919-733-3141 x 279 if you wish to ride in the van, so that we have enough space. The schedule is as follows; 8:00 a.m. Meet at Motor Pool office to ride in van. Park in Motor Pool lot adjacent to Motor Pool at Polk and Person. 10:00 a.m. Meet at Goldsboro Field Office of Natural Resources Conservation Service office (RM. 104) at Wayne County Agricultural Center, 208 W. Chestnut Street, Goldsboro. (919) 731-1532 Ext. 287/288. District Conservationist, Patty Gabriel, and David Harrison of the DSWC will host the briefing prior to the site visits. 11:00 a.m. Tour of various sites in the Nahunta Watershed. 1:00 P.M. Buffet lunch at Wilbur's, Goldsboro, (buy your own), followed by discussion of technical and regulatory issues pertinent to the project. 2:00 p.m. Return to Raleigh by 4:30 - 5:00 p.m. cc: Carroll Pierce, Division of Soil and Water Conservation Vernon Cox, Division of Soil and Water Conservation David Harrison, Division of Soil and Water Conservation David Combs, Area Conservationist, NRCS 0 Cecil Settle, Deputy State Conservationist Bill Harrell, Resource Conservationist, NRCS George Stem, Asst. State Conservationist Hank Henry, Biologist, NRCS Patty Gabriel, District Conservationist, NRCS Deidre DeBruhl, District Conservationist, NRCS Mike Smith, Northern Section Chief, USACOE Ken Jolly, Raleigh Field Office Manager, USACOE Eric Alsmeyer, NCDOT Coordinator, USACOE Dave Lekson, Washington Field Office Manager, USACOE Mike Bell, NCDOT Coordinator, USACOE John Dorney, DEM/DEHNR Eric Galamb, DEM/DEHNR Steve Kroeger, DEM/DEHNR David Cox, NCWRC Cherri Green, Acting Field Supervisor, USFWS Katherine Doak, Field Specialist, USFWS Franklin H. Vick, Manager, Planning and Environmental Branch, NCDOT Barney O'Quinn, Assistant Manager, P & E Branch, NCDOT David Robinson, Unit Head, Permits and Mitigation Unit, NCDOT Dennis Pipkin, Mitigation Section Supervisor Stephanie Briggs, Permit Supervisor, NCDOT Scott Gottfried, Permit Specialist, NCDOT Jim West, State Negotiator, Right of Way Branch, NCDOT Cecil McLamb, Area Negotiator, Right of Way Branch, NCDOT Harold Pittman, Right of Way Agent, NCDOT 6< ? f'W P G W WOO?O W1L ra l?p W,?I.IW (9 WOW W W W W WUU W W W WOE u W is ?:r Wwr'?: w 1!11'1 nlltrnn wtlflNh?M N'1f mnnntl wAn f ?Mhltl'INAf A ?w?Nlf eONA?whnwlyNFl Nn API'I NN?f rtl N 1^i ll ?:'1 PI IIwlS nh hNN? NN?tl Nf W WOWOOCI t. W O O W Y. O W W W O r W W W O t W O W O O m U W W W {,J K Q W W W O W W W W M O ' . 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NORTH CAROLINA DEPARTMENT OF TI?ANSPORTATIO _?.. DIVISION OF HIGHWAYS GARLAND B. GARRE•TT JR. P.O. BOX 25201, RALEIGH. N.C. 27611-5201 SECRETARY January 3, 1996 MEMORANDUM TO: Participants ofNahunta Watershed Project Tour, January 23, 1995. i ? FROM: David C. Robinson, P.E., Permits and Mitigation Unitlk& SUBJECT: Arrangements for On-site Tour of Nahunta Watershed Project. An on-site tour has been coordinated by the North Carolina Department of Transportation (NCDOT), the Natural Resources Conservation Service (MRCS) and the Division of Soil and Water Conservation (DSWC). The purpose of this tour is to familiarize the regulatory agencies with the general areas of restoration proposed in the Memorandum of Agreement between the NCDOT, NRCS and DSWC. A specific site already purchased by NCDOT will also be visited as an example of the mitigation proposed. A fifteen passenger van will be provided and will leave from the Motor Pool on Peace and Person Streets at 8:00 a.m. on Tuesday, January 23, 1995. If you wish to drive separately, meet us at the Wayne County Agricultural Complex in Goldsboro at 10:00 a.m. (See attached map.) Please come prepared for inclement weather and for walking in wet conditions. Please contact Robin Little at 919-733-3141 x 279 if you wish to ride in the van, so that we have enough space. The schedule is as follows; 8:00 a.m. Meet at Motor Pool office to ride in van. Park in Motor Pool lot adjacent to Motor Pool at Polk and Person. 10:00 a.m. Meet at Goldsboro Field Office of Natural Resources Conservation Service office (RM. 104) at Wayne County Agricultural Center, 208 W. Chestnut Street, Goldsboro. (919) 731-1532 Ext. 287/288. District Conservationist, Patty Gabriel, and David Harrison of the DSWC will host the briefing prior to the site visits. 11:00 a.m. Tour of various sites in the Nahunta Watershed. 1:00 P.M. Buffet lunch at Wilbur's, Goldsboro, (buy your own), followed by discussion of technical and regulatory issues pertinent to the project. 2:00 p.m. Return to Raleigh by 4:30 - 5:00 p.m cc: Carroll Pierce, Division of Soil and Water Conservation Vernon Cox, Division of Soil and Water Conservation David Harrison, Division of Soil and Water Conservation David Combs, Area Conservationist, NRCS 9 ?? .;? ?rr `Y - _ r? `. •,? Cecil Settle, Deputy State Conservationist Bill Harrell, Resource Conservationist, NRCS George Stem, Asst. State Conservationist Hank Henry, Biologist, NRCS Patty Gabriel, District Conservationist, NRCS Deidre DeBruhl, District Conservationist, NRCS Mike Smith, Northern Section Chief, USACOE Ken Jolly, Raleigh Field Office Manager, USACOE Eric Alsmeyer, NCDOT Coordinator, USACOE Dave Lekson, Washington Field Office Manager, USACOE Mike Bell, NCDOT Coordinator, USACOE John Dorney, DEM/DEHNR Eric Galamb, DEM/DEHNR Steve Kroeger, DEM/DEHNR David Cox, NCWRC Chem Green, Acting Field Supervisor, USFWS Katherine Doak, Field Specialist, USFWS Franklin H. Vick, Manager, Planning and Environmental Branch, NCDOT Barney O'Quinn, Assistant Manager, P & E Branch, NCDOT David Robinson, Unit Head, Permits and Mitigation Unit, NCDOT Dennis Pipkin, Mitigation Section Supervisor Stephanie Briggs, Permit Supervisor, NCDOT Scott Gottfried, Permit Specialist, NCDOT Jim West, State Negotiator, Right of Way Branch, NCDOT Cecil McLamb, Area Negotiator, Right of Way Branch, NCDOT Harold Pittman, Right of Way Agent, NCDOT ?o W O O i•, O W Y Lr. Y (J W Y (,1 W (9 W O W W W W W O (? U W W W W O? U w1 u LL M??? yW, N f AA PI ?/f N MAt'iNNHti f M N/If Nli L"r NN NNI'L f f N NN't Hn ? A f Nf M!'11?N!)f Ar NN NN ?1NNSgmN NNyf 1 O NlL l7 W I•)l•I i•1 NA n? NN W 11 N Nf W Nf W Y Y U W O Y W W O W IN W O O W W O W O O U i YQQ WYOYY WOY W W WO<W O W O pmU .? i0 -W ni p i : W i i i i i j i ? i i i ? i -+ l I : Q Y .? I ? •: ? i. S i g { r S t, i t I 1 1? t i t S I ( I i i 1 i i t t t 1 I { ? 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Tnn rf31 . c e.r sn: OT 9Br7.nrTn i XiPICAL WETLAND RESTORATION PLAN OF OPERATION The primary goal in this wetland restoration plan is the restoration of bottomland hardwood habitat adjacent to Nahunta Swamp and it's tributaries (riparian areas) to improve water quality and improve wildlife and aquatic habitat. The vegetation to be established will trap sediment and nutrients from adjoining cropland as well as provide food and cover for both game and non-game species. The restored riparian area will also provide valuable travel corridors along the stream. Field No. 2 represents a typical prior converted wetland in Nahunta Swamp Watershed. The field consists of 8 acres of Johnston loam soils currently being farmed. Johnston soils are very poorly drained, nearly level soils on wide, flat, low flood plains along large drainageways. The seasonal high water table is at the surface. Flooding is very frequent. A representative profile near the junction of Exum Mill Branch and Nahunta Swamp includes: Ap - 0 to 10 inches, very dark-grey (10YR 3/1) loam Al - 10 to 28 inches, black (10YR 2/1) loam Blg - 28 to 32 inches, grey (10YR 5/1) sandy loam B2g - 32 to 45 inches, grayish-brown (10YR 5/2) sandy loam Cg - 45 to 65 inches, light-grey (10YR 7/1) sand There are no restrictive layers in the soil. Hydrology is a function of landscape position and frequent flooding. There is an intercepter ditch (Ditch 1) running parallel with Nahunta Swamp, separating the upland area from the flood plain. There is a property line ditch (Ditch 2) that directs the flow from Ditch 1 to Nahunta Swamp. Ditch 2 must remain open for the adjoining landowner unless he can be persuaded to cooperate with the wetland restoration program. A major goal of the Soil & Water Conservation Districts will be to have as many adjacent landowners cooperating as possible to increase the effectiveness of the project. NRCS's standards and specifications for wetland restoration12 will be followed except that the US Army Corps of Engineers' recommendations 13 for species composition and survival rates wil ake precedence. The US Army Corps of Engineers recommends a minimum ofardwood species with no more t awn 0-% of any ..rP s}ze?:. Planting will-be on a 10 foot by 10 foot spacing (435 trees per acre). The goal will be a minimum of 320 trees per acre 12Soil Conservation Service Technical Guide, Section IV, Practice Code 657, Wetland Restoration, (July, 1992) 13Compensatory Hardwood Mitigation Guidelines, December, 1993 US Army Corps of Engineers, Z- ?? Y surviving for 3 years after the wetland hydrology has been reestablished. Pine will not be planted and should account for less than 10% of the total site species. Tree planting will be done before the hydraulic modifications are made to reduce seedling mortality. The wetland hydrology will be reestablished in as simple a manner as possible to reduce operation and maintenance costs. Earthen plugs, 100 feet in length, will be used to block the drainage ditches. The number of plugs and their location will be determine uring n ividual field planning. Overland flow from the adjacent slopes and the periodic flooding of Nahunta Swamp will be sufficient to restore the wetland hydrology. There will be no need for diking, levees, or other ponding structures. At the landowner's request, and with the concurrence of the sponsors and the US Army Corps of Engineers, wildlife/waterfowl enhancement measures (shallow open water) may be allowed but will be limited to less than 10% of the surface area of the site. The costs associated with the installation of these enhancement measures will be the responsibility of the landowner. The acreage devoted to enhancement measures will not be available for use in the proposed mitigation bank. Timber harvesting will be permitted in accordance with a wetland timber management plan developed with the concurrence of the US Army Corps of (Engineers. Best Management Practices for forested wetlands will be used to maintain the hydrology, vegetative community, and other wetland functions and values. Clear cutting will not be allowed. The NC Department of Transportation will be providing funds for purchase of the conservation easements and restoration of the wetland areas. After the wetlands have been restored, a wetlands mitigation bank plan will be developed with the concurrence of the US Army Corps of Engineers. Included in the mitigation bank Dlan will be as-built Dlans of the wetland restoration and a report on the restored hydrology. Best Management Practices on critically eroding cropland adjacent to the restored wetland areas will reduce sedimentation. Provisions in the conservation easements will protect the restored wetland areas from destruction by human/animal actions (4-wheel drive vehicles, beaver foraging, etc.). f CONSERVATION PLAN/SCHEDULE OF OPERATIONS 1 of -2 NAME: EXAMPLE COUNTY: WAYNE STATE: NC CONTRACT NO.: 1-T-5431 TOTAL ACRES UNDER CONTRACT: 8.18 SUMMARY OF WETLAND RESTORATION PLAN OF OPERATION (WRPO) PURPOSE AND FUNCTION: This Wetland Restoration easement will restore a palustrine forested wetland (bottomland hardwood). Wetland values that will be restored include wildlife habitat, water quality improvement, recreation, and forest resources. SUMMARY: The 8.18 acres shown on the attached plan of operation map will be placed under a perpetual conservation easement. The WRPO will: L; r 1. Restore the bottomland hardwood community by planting trees (water hickory, overcup oak, laurel oak, willow oak, persimmon, cottonwood, green ash, american elm, and river birch) n a 0 foot by 10 foot spacin`g,," (/435 trees per acre). t (t kkd 2. Restore the wetland hydrology by installing ditch plug (100 ft. long) where shown on the plan of operation map. 1 3. Allow the NC Department of Transportation to secure mitigation credits with the US Army Corps of Engineers., ? VIA COMPATI3-" 'S The following uses have been determined to be compatible with the purpose for which this Wetland Restoration contract and conservation easement is established: 1. Hunting, fishing, trapping, birdwatching, and recreational hiking that is fully consistent with state and federal regulations, including the leasing of such rights to others. 2. Selective timber harvesting in accordance with a wetland timber management plan, developed with concurrence by the US Army Corps of Engineers. The plan will utilize approved Best Management Practices for wetlands to maintain the hydrology; the vegetative community, and other wetland functions and values. Clear cutting will not be permitted. Streamside Management Zones will be established adjacent to Nahunta Swamp and its tributaries. OPERATION AND MAINTENANCE: 1. Adequate maintenance will be provided to facilitate establishment of woody vegetation. This may require some suppression of weeds and pine species. The area will be considered established to woody vegetation if 320 stems per acre are surviving for three growing seasons after the wetland hydrology has been reestablished. Species composition will include at least 6 hardwoods with no single species accounting for more than 20% of the population. 2. The ditch plugs will be maintained for the life of the easement. O O p O 0 O 0 O a D 0 co U) - Z N N N N a' t? am cn J 0 E w oW N w U > 4 in W p r, E4 O 0 m N W a 0 , j % EU z? 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W C Q) N ID m a m N Ia fd W ? a) tr 01 44 N 4-) J' • + 3 ? ? § 10 a i m -4 a a o ? a a 44 3 n w a W +' A o c a a o. a H N N x a .. w w ? 0 H 10 ,t N. z ??I?''ggTT ( P` 3?. 9.4111 ,1 e . "i'• ilt?e . r.., ti F.y -VAN- 4? S( j ? r ?, ? ??"'i' j?? ??,,?,, ?,? ?,Yr? r ; ?„`,??1 ?e •`? "r" -?i..?i, A'? ?`?+7. 4c'?^.....+-. ? ??. ?_ ????.. ?'i^ i -? _, ?..G .+??j'+K.yJ .. ? ,rc, ? ?PJ '::C'"?s ?t ? ?r.•,*.! ?' ?7" ? k f ,.! ??? i4 - ?, . L't 'i•^,C>_F 6,pt.'+' ? * F' -t 1 113 '. t -? 2 1 _.d r u. 1'b? Lair w ? /3 \ f PI, -?6 f-` art «r=' - ?-?. ?i yytTy? ???? + . '? ?,rlt?' L Y -Vf Yxr-t u 1?f. Yt s•?z - w \ L - f ? •` rq h ?t 77 ,?%O?? .Fi?4 ?`?y ?. \ a ,,r1 ??,... - ,...?. ,tom.. .r ? ? a:L` t' 4 .-.: ?; j?? ?. :-_ ? ? 6? ?` ? {T ,`?r6. ..•. f t •y "'"Y, 1o- '"e C f -. Jj ter ': ?`:I •??`"'???? ..._ (ions sneer 3) I N NoA-N + Wa was r+' _-'? aC Js We ,?• Nos • • / r 2 •1 Cr ?/' C N Co NoA ? ?' NoA Ly . ? Ly ?- Nod11 f_ l_ z 8b ?? ??• Lu Ex r-=- NoA Nr82 '.i- Wa8 N°H It D Wa8 ~ Cr82 as • P` Wa8 Nc Bb Tr 8b.... .82"', Wy8 • Rub AYB .NoC Ly w U Noe 1, Ayp Cr8 / 3R Or I/r db / y Rpq Nr82 Wa8 !! Nob NoA was \ was • Antioch v LY EX Church AYA Le Nr82 was Bb N°8 NoA LY' MCA GO Ex• Le ' Wa8 / Go J J. Noe i AYA .?" W?• LY / No8 Go 'Wa8 Na ?.... was /.. •Wa8 a. - I : • \`/ ??,•.? WoA ._ No8 ?_. LY Ay8 Nob s4 - o WsB MCA n We Js' ;tle •a r Ex -f: s. oC s` !y 1 wa8 \we wad ? o ° .'. 9b ;. Na AyA :.. eb ae Wa8 rr Wa8 • MCA Wale, Tr N Rm c Ly 6 o Cr82 ?' ) Go NoA lac Or III Co • Or ?e0 '3? JS Or w . Ra - • ' We LY ` Cr82 80 S a'` RY8Z Nob ?• v i ; M oe C La o . . . Wa8 \ `h .. ,.r••` NOA _ • LY 0 I Wa8 WaB p . Wa8 Jo vG Tr To i TO :. 6 ae c9 is . We O No Nob noH Kaa Ke wa C .'.Wr^ No8 - ?? S tr . ? Js WB We y 0 : NoC z. CV • r Js . •t Dr U Mil! I Js Bb IS eG was b WaC ?.... .I $ en WaC ) ?i . ? Or L.° _ L3 Js 8 3g Ke % r _ WaC Wa8 La Wn8 1 - Tr was _ We Or K \ / CrC2'?. W • ?e0 ?? _ La Or 1I? as ! `4 WaB i Dr Go \ .Ke La Lv v Wa8 \ , 1 was _ wa8 \ua I Cr 1 Or d •? :d WaB a8b e Lv Lv a _• We Wa8 \ iu WaB _ La WaB f NoA .: Tr p Go Wa8 • • i O • // / ••\. ;r u• wa8 IIGo Jr /. KaA No8 /•'s'?WaB- No8 waB 'Wa8 G Aye a - WaC Cr82 :',fie_ u8 CrC2 ?` \ I 8D V, Nr82 ti 'Bb .'/ ?• La~•BD;1. F. 4ry \` pyd AyA , WaB a Wat / -,:: ' CrB2 AyA No0 a • • a ?? d? ".r .7 '. ara VI O Gfi2 Bb Wa8 :L Aye a °. Wa8: La `? :. A • Ay82 Is AyB2 rz a Lu AYA % My AYA Bb RuA Ex • Na Y Y@ - ?• y'L Tr n _ MY AYa RuB ` AY82 _ ?i :I RuA RuA ma '? • YA Ex 0q RY82 ~ RY82 Q bb Ry82 r Mr avB: •yB NoC ? J •. a ??. YH /• • AyA CtC2 Na AYa AYB AYA • RuA 2 ti? Ex Y• RuA `? - Ayp ? N a f+ /y/r 1 s AY A AY8 a Ex •n N'a NaL !Jams sheer 1 -- .r 6) Ruc FROM 919 333 4486 04.11.1996 12147 P. 2 State Of ? orth Carolina Departt ' rd nt of Environment, Health aNatural Resources ` e Division of !Forest Resources James B. Hunt, Jr., Governor Jonathon 0. Howes, Secretary [,? M N R Stanford M. Adams, Director Griffiths Forestry Cantor 2411 Old US 70 West Clayton, North Carolina 27520 April 10, 1996 Ms. Katherine Doak USFWS, Ecological Swam P O Box 33726 - Rate* North Grolins 27636-3726 RE: Proposed Nahunta Swamp Mitigation Bank in CsreendWayne Counties, N.C. Dear Katherine. Refercm is made to the USFWS draft letter to DOT, doted March 15, 1996, eonoerning the above subject. Reference is alh0 made to the Division of Soil and Water ConitmatioWs Nahmrta Swamp Watershed Plan and EA dated April 1995. We have the following comnimts on these two documents: 1. We do think it appropriate for our Division to be a oo-signer of the March 15, 1996 letter to DOT, as it appears we have no regulatory authority in this matter 2. We fmW find any evidcnce wherein we itad the opportunity to comment on the April 1995 Nahunta Swamp: Wdwdied Plan and EA document and this concerns us very much as we would have liked to been able to provide input such w - a. Our cocoon is 1a with the fact that approximately 500 acres of open agriculture land is to be converted to forested wetlands, but with needed tree planting techniques, selected tree species, survival, lack of management of the arras and no dearwiting provisions. b. Other spades such as cypress, eherrybadk oak, hVdo gum and sycamore should be considered for tree planing in these ar+ees. Also, on the planting of these fields, the soils and historical tree species should be considered. We would expect that some of these fields were wet pine flats or Savaonabs, dominated by longleaf pine. Mw establishment and management of longleaf pine should be allowed, if appropriate to sod type and historical presence. C All individual sites should be previously examined by a fa=ter to make any needed site prepaat arh r eoom mdations to iachide fc>erowiog, bed ft mouaft and herbicides to reduce competition that could cause any survival problans. Reooaa>t»endations should also be made forbatspades and tree planting spacings. The prope W 10 X 10 foot Spacing (435 trees per acne) is olmy, but you have to have good survival rates here in order to end up with an acceptable stand. ' d We are cone ned with what maintenance and cultural practices that will take place after planting to improve; arvival and gmmth rates. Harbicades and Timber Stand Improve meat work may be needed up to age 10 or less to maintain a viable stand of trees. e. After age 10, Forest Management will be needed to keep the stands productive and healthy. Such =jog practices as turnings, improvement cuts and salvage cuttings may be needed and should be rocommemded. P.O. Box 27687, RdelgK North Carolina 27611-7687 7erlephone 919-733.2162 FAX 919-733-0138 An Equal opportunly Airrrnatim Action Employer bo%recycled/ 10%post-consumer paper FROM 919 333 4466 Page 2 3. 04.11.1996 12:47 P. 3 The "No Clearcut" Rule may need to be modified to include needed salvage of damaged and diseased timber which may require cleutut ing. Also, the best way to cffectively regenerate hardwoods is through elearadting. Clear cutting can be gained, if necessary, but it should = be prohibited. The need for a Recommended Forest Management BMP Plan to cover all work and practices should be prepared by a qualified forester with input from our Division, WRC, U.S. Army Corp of Engineers, landowner and USFWS is a must to include - (1) Needed site preparation work. (2) Species and spacing (3) - TSI and herbicides (4) Cutting practices anid harvesting (5) BMP's to prevent water quality problems (6) Rotation, salvage and find harvest if needed. =41-F esir BM-Ps - A just Want DFRIMM Publication entitled "Best Management Practices Imp1e+ en>taticn and Effectiveness Survey on Timber Operations in North Carolina, 1995", indicates the foiomliag an pages 16 and 17 - "OVERALL COMPLIANCE WITH BEST MANAGEMENT PRACTICES". "Overall BMP compliance in North Carolina was 92%. Of the 196 sites evaluated, 24 rated excellent, 105 sites rated good, 52 sites rated fair, 14 sites rated poor and 1 site rated no effort (see Figure 11). See Appendnc A for a description of the compliance ratings. SW ificartly, 90'/. of sites on publicly raw lands in North Carolina received an mccllcut rating for BMP compliance. This is a credit to the North Carolina Wildlife Resources Commission and the USDA Forest Service. Also, 90% of the industry sites surveyed received a rating of good or better. Forest industry should be commended on their resources management practices as well." "Tbe lowest Ind ofBMP compliance, as avecled, was on small, non-industrial private forest or forests owned by private landowners. Out of the 196 total silo, 160 wow privately owned forests. Of those 160 private tracts. 47 received fair ratings and 14 did not pass." Overall BmP Compliance Pie 11 109 Q No Ettort ?+ 0 00 111 Poor Tr reir 60 O Groom z20 ® ExcNUM FROM 919 553 4486 84.11.1996 12:48 P. 4 -Page 3 gWe are of the opinion that desirable BMW fWasby practices including timber cutting could be carried out oo those r+eatoro I forested wetlands (thatwould keep them in a healthy viable condition and= cause any water quality problem to v4scent steams) and still leave them as desirable amas for wetlands mitigation. We are also of the opinion that these restored wetlands or recreated bottomland forests can be compatibb with the sdit of timber and at the sametime as desirable mitigation sites. Forestry, the growibg and harvesting oftreea, is a ow4mc ible use of forested wetland types. EPA recognizes it as one of the *Velma of these forested wetland types. Also, in the strip 4ac ent to the stream, timber harvesting should not just be allowed, it should be required. Since mrtrient uptake and sequestration is one of the Pte' roles of these forests, timber harvest is essential. If harvesting is not required, then over time the trots will decline and die, returning do stored nutrients to the soil and watershed. Timber harvesting effectively removes the nutrients from the watershed. For more information on dds, see publieation- on "Riparian Forests Buffers - Function and Design for Protection and Enhancements", USDA Forest Service, Northeastern Area State and Private Forestry NA PR 07 91. 4. Stets an the Drag USFWS letter to EM - IL We would be more in favor ofDOT purging the site out right, because the landowner would get fairer camponsation and it would be easier to manage. b. The Memorandum of Agreement among the agencies should consider the points raised above in items #2, a,b,c d e f,g and Q. C% We would lilac to see limited forestry practices, including some timber cutting added to the list ofuses of these nstored forested wetlands or bottomland forests that are indicated at the bottom ofpage I and at the top of page 2 of the letter. d. Under guide fines on page 2, it indicates - "We fa+esee that the mitigation bank woWd consist of restoration, enhancement and preservation components. We do not think chat wetland craation would be appropriate." We would like to suggest that the word, of "management" be added here as one of the components. e. We have p wicusly commented above on the problems of "disallow timbering activities" and wiry v=mmeaded cutting needs to be inchude& f. We have no problems with the various mitigation ratios indicated with the exception of "no timbering allowed". This needs to be looked at very carefully and needs to be flexible when it is applied. Sinm*, w de, Don R Robbins Staff Forester pc Daryl Walden, Mike Thompson. Lany? Such, Warren Boyette - CO F u1? McBride, David Cox WRC NCDWWR - DSWC Eric Qalamb • NCDEM ***END*** FROM 919 333 4486 04.11.1996 12:46 North Carol xn?a T ?rac Dx'vi?si?ox? of Z'o?•est Resources _ NA q IFAXcovER SHEET T0: s • This is page Z of ? DATE.• P. 1 4or Grifffth's Center . ' 241101dUS 70 West Clayton,NC 27520 FAX #,,,,. (919) 553-4486 Vdice # (919) 553-6178 MESSAGE: North Carolina Department of • Environment, Health and Natural Resources re ?a O? A4/Loo_my\_,_D - co x c -D ot an r? 5o © 9 L G-J c g- f o'er- . - ii ';: - - -..,:_ _ � il. . spa.. � .. ... Vt. -U U 6 :2 loo /W - P bev o. -t vetd,,m 4v g; Vb 20 - ba t ",q 90 - /0 ?f Cam. ` ?i v?j l YY?2 ll?? va 4?o cuN- - ! ?;IV\ Y r. - ,: - 4-t? AtA ,_ 10.E ? . a n An qj D R A F T - SUBJECT TO REVISION - JUNE. 1994 CONSERVATION EASEMENT DEED THIS CONSERVATION EASEMENT dated this _ _ _ day of _ _ _ _ _ _ _, 199_, by and between - - - - - - - - - - - - - - - - - - - - - - - - - - herein referred to as the "Grantor" or "Landowner", and the Wayne Soil and Water Conservation District, herein referred to as the "Grantee". The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns. The Grantor covenants with the Grantee, that Grantor is seized of the premises described below in section I in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinbelow described is subject to the following exceptions: c !i" ?E SPACE OR EXCEPTIONS ti- This easement is under the authority and furtherance of the provisions of State and Federal law, including the Soil and Water Conservation Districts Law of 1937 (State), Conservation and Historic Preservation Act (Federal), section 1462 of the Food, Agriculture, Conservation, and Trade Act of 1990 (Federal), the Watershed Protection and Flood Prevention Act of 1954 (Federal), Federal Executive Order 11990 providing for the protection of wetlands, and Federal Executive Order 11988 providing for the management of floodplains. The restrictions and covenants contained in this easement constitute a perpetual servitude on and run with the property. The Grantor, all successors, and assigns ("landowner") under this deed covenant with the Grantee to do or refrain from doing, severally and collectively, the various acts mentioned later in this easement. The Grantee is conveyed the rights enumerated in this easement for itself, its successors, agents and assigns. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant bargain, sell and convey unto the Grantee, an appurtenant conservation easement in, over and under the lands described hereafter with the appurtenant right of access. This conservation easement is created pursuant to the N.C. Historic Preservation and Conservation Agreements Act and in furtherance of Purposes of State and Federal Law set forth above and is granted in perpetuity. This appurtenant conservation easement and right of access is located on land situated in --------------- Township, Wayne County, North Carolina and more particularly described below in section I. V i 5 rrn? i? ''' oil a fEQ0JV,4 S .j Au 0,? 4,4- ()A 5krf- elf _f ?,. A AI C Yln U a f1 D R A F T SUBJECT TO REVISION - JUNE. 1994 I. Description of the Easement Area and Access Thereto: The area subject to the Conservation Easement, referred to herein as the "easement area" is described as follows: (DESCRIPTION) The property hereinabove described was acquired.by Grantor by instrument recorded in ------------------------------------------------------- 2 D R A F T SUBJECT TO REVISION JUNE. 1994 II. Covenants by the Landowner. A. No dwellings, barns, outbuildings, or other structures shall be built within the easement area. B. The vegetation and hydrology of the described easement area will be established by the landowner according to a Wetland Restoration Plan developed between the Grantor, the Grantee, and cooperating Federal and State agencies. After the plan is implemented, the easement area will not be altered in any way or by any means or activity on the property conveyed by this deed, or property owned or under the control of the landowner, including (1) cutting or mowing; (2) cultivation; (3) grazing; (4) burning; (5) placing of refuse, wastes, chemicals, sewage, or other debris; (6) draining, dredging, channeling, filling, leveling, discing, pumping, diking, impounding, or related activities; or (7) diverting or 4 affecting the natural flow of surface or underground waters into, within, and out of the easement area except as noted in this easement. `Z1 v C. The landowner will be allowed to selectively accordance with a timber management plan developed and harvest timber administered by in the NC Division of Forest Re sour g_es. Said plan will be consistent with the _ preservation and enhancement of floodplain and wetland functional values. D. Notwithstanding the provision of paragraph II-B above, the landowner shall be responsible for compliance with all federal, state, and local laws for the control of noxious or other undesirable plants on the easement area. The responsibility for such plant control may be assumed in writing by and at the option of the Grantee where the control or manipulation of such plants is deemed by the Grantee to affect easement management programs or policies. E. Cattle or other stock shall not be permitted on the easement area, except that the Grantee shall permit access to and use of waters within the area necessary for stock watering under such terms and conditions as the Grantee deems necessary to protect and further the purposes of this easement, provided: (1) the Grantor bears the costs of building and maintaining fencing or other facilities reasonably necessary to preclude stock from entering the easement area; and (2) access for stock watering need not be permitted where other waters are reasonably available from other sources outside the easement area. 3 D R A F T - SUBJECT TO REVISION - JUNE. 1994 III. Rights Conveyed to Grantee. The Grantee and.its successors or assigns, is conveyed the rights, at its sole discretion, to manage the easement area including the following authorities: A. The rights of reasonable ingress and egress on and across any and all lands and easements of the landowner ("servient estate") as of the date of this instrument, whether or not adjacent or appurtenant to the easement area, for access to the easement area in order to conduct wetlands management, monitoring, and easement enforcement activities. The Grantee may utilize vehicles and other reasonable modes of transportation for access purposes overland or on any right of way described in paragraph I. In the event that the use of the described access over the servient estate is not practical for any reason, the Grantee may utilize any convenient route of access to the easement area over the servient estate. B. The rights to install, operate, and maintain structures for the purpose of reestablishing, protecting, and enhancing wetland functional values including the taking of construction materials to and from said sites. C. The right to establish, alter, and otherwise control vegetation through seedings, plantings, or natural succession. D. The right to. alter or otherwise control vegetation, topography and hydrology on the easement area through diking, pumping, water management, excavating, island construction, burning, cutting, pesticide application, fertilizing, and other appropriate practices. E. The right to control predators through all lawful means. F. The right to prevent grazing or other types of encroachment on the easement area. 4 D R A F T - SUBJECT TO REVISION - JUNE. 1994 IV. Easement Management and Administration. A. All rights, title and interests of the Grantee in this easement are administered by the Wayne Soil and Water Conservation District. The Wayne Soil and Water Conservation District may enforce all the terms and conditions of this easement, along with exercising all rights and powers conveyed in this easement through such general or specific regulations or orders as have been or may be, from time to time, promulgated under the authority of the Soil and Water Conservation Districts Law of 1937. Notwithstanding the above rights in paragraph III, conveyed to the Grantee, the Wayne Soil and Water Conservation District may permit the landowner to pursue such activities on said sites as would be consistent with the preservation-and enhancement of floodplain and wetland functional values. B. As used in this easement, the term "Grantee" shall refer to the authorized official of the Wayne Soil and Water Conservation District. V. General Provisions. A. The agreed upon purposes of this easement are the restoration, preservation, and maintenance of the wetland and floodplain areas including protection and enhancement of plant and animal habitat and populations. A "Wetland" is defined by reference to section 7(c) of Federal Executive Order 11990 and a "floodplain" is defined by reference to section (6)c of Federal Executive Order 11988. Any ambiguities in this easement shall be construed in a manner which best effectuates wetland preservation. B. Any subsequent amendment to or repeal of any federal or state law or order which authorizes this easement shall not affect the rights conveyed to the grantee or subsequently held by its successors or assigns. C. For purposes of this easement, wetland management rights conveyed to the grantee include, but are not limited to, inspection for compliance with the terms of this easement and any other activity consistent with the preservation and enhancement of wetland functional values. D. The Grantee, its successors and assigns shall have the right to make surveys, take photographs and prepare such other documentation as may be necessary or desirable to administer the provision of this easement. Any such map, plat, or other suitable document may be recorded in the land records of the respective county in which the property is located. E. The easement does not authorize public entry upon or use of land. The landowner may permit it at the landowner's discretion. 5 D R A F T - SUBJECT TO REVISION - JUNE 1994 F. The landowner and invitees may hunt and fish on the easement area in accordance with all Federal, State, and local game and fishery regulations. G. This easement shall be binding on the landowner, and the landowner's heir's, successors, or assigns. The .landowner covenants to warrant and defend unto the Grantee, its successors, or assigns, the quiet and peaceable use and enjoyment of the land and interests in the land constituting this easement against all claims and demands. H. In the performance of any rights of the Grantee under this easement, the Grantee may permit, contract, or otherwise provide for action by employees, agents, or assigns which may include the landowner. TO HAVE AND TO HOLD, the herein described interests in land unto the Grantee forever. WITNESS, the signature of the Grantor. WITNESS, the signature of the authorized officer of the Grantee. By Chairman Wayne Soil and Water Conservation District 6 U FROM WASHINGTON 03.18.1997 10:15 P.02 ?? V l.r I March 6, 1997 c;? ?.S r Regulatory Branch (([[ hp Action ID. 199601404 Mr. H. Franklin Vick, P.E., Manager Planning and Environmental Branch Division of Highways North Carolina Department of Transportation Post Office Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Vick: My staff has reviewed your Jaauary 2, 1997, correspondence requesting our review and comments regarding the North Carolina Department of Transportation's (NCDOT) proposed Nahunta Swamp Wetland Mitigation Bank (NSWMB) in Johnston, Greene and Wayne Counties, The correspondence contained a Conservation Easement, Forest Management Plan, and Generic Mitigation Plan. Also, please reference the minuets from the February 20, 1997, Corps/NCDOT meeting in Raleigh concerning this issue. After reviewing the material and weighing all factors associated with this issue, we have determined that utilizing the proposed NSWMB as a bank for mitigation credits for NCDQT projects is unacceptable. There are many reasons why this proposal is unacceptable and we will attempt to list the major concerns below- 1. Forestry Practices - We have not nor will we allow managed or unmanaged timber harvesting in Wetland mitigation areas. The possible exception mould be to entice a limited number of landowners to include their property to produce a continuous and adjacent tract of land between existing fee simple lands. Much of the environnIentai damage associated with forestry comes from the forestry practices and machinery. North Carolina does not require mandatory Best Management Plan's (BMP's) be employed , therefore, the mitigation area could suffer damage. There are no permanently protected areas or buffer areas, no restrictions on livestock, and mechanical logging operations are authorized even on the banks of perennial waterways. 2. Conservation Easement - It appears that the Wayne County Soil and Water Conservation district will hold the easement in perpetuity, with no mechanism to ensure the area is properly ,FROM WASHINGTON 03.18.1997 10:15 P.03 managed for a successful mitigation site. The Soil and Water Conservation Districts do not have an established history of preserving or maintaining wetlands. Are are not convinced that this organization can properly manage and protect a mitigation area. Information is needed to allow us to make a decision that the easement should be held with a county district. Will the district decide in the future that the area is working and that the stream system needs further dredging 7 The conservation easement does not prohibit signs and billboards, impounding, excavating or other earth moving activities. The easement allows the landowner to remove noxious or other undesirable plants in the easement area without determining what a noxious or undesirable plant is. These easement comments are preliminary and will not be final comments until our office of council has had an opportunity to review the final draft plan. I Dredged stream Channels - The primary focus Of the Nahunta Swamp project is to improve the water quality of the watershed. Water quality improvement may not be possible with future maintenance dredging of the stream channels. Dredging stream channels and maintenance dredging must be halted and restoration efforts implemented. If full restoration is not possible, then the placement of irk-stream structures can increase the flooding frequency, cause meanders to form, and provide fish habitat. 4. Generic Mitigation Plan - Hydrology needs and/or water budgets must be addressed on a site-specific basis. The filling of 1 oo linear feet of a ditch, as is used for a representative site in the document, will not necessarily be sufficient to meet the hydrology goal(s) for a particular site. Each site must be evaluated (using the check list) before appropriate restoration measures are determined. Site-specific mitigation plans for each tract must be developed, evaluating vegetative and hydrology needs. The sites will not be "debited" before significant efforts are made to evaluate what must be done on each tract to meet site-specific goals and objectives. A procedure which establishes success criteria, monitoring, maintenance, and protection of the mitigation areas must be established. 5. Several resource agencies wrote a joint letter to NCDOT dated April 12, 1996, with suggestions to minimize impacts and to establish debit/eredit ratios for areas which allow timbering. The recommendations appear to have been ignored, which does not instill a sense of "team work" necessary for successful mitigation efforts. In summary, we support the NCDOT in their efforts to reestablish the riparian wetlands and vegetated buffers along the Nahunta watershed with the goal of improving land and water quality. However, we are concerned that the focus of this mitigation effort has been for the Soil and Water Conservation District to provide benefits for the landowner with minimal concern for functional wetland replacement of wetlands destroyed by NCDOT. It would appear that the fee simple purchase of riparian property would be as economical as conservation ]eases with landowner control. We appreciate the opportunity to coordinate with your staff prior to the finalization of this .FROM WASHINGTON 03.18.1997 10:15 P.04 mitigation plan. If you have any questions, please contact Mr_ Michael Bell, NCDOT Coordinator/ Regulatory Project Manager at my Washington Regulatory Field office, telephone (919) 975-1616, extension 26. Sincerely, Enclosure Copies Furnished: h4r. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Larry Rudy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr_ John Hefner US Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Boat 33726 Raleigh, North Carolina 27636-3726 Mr. ThomasWelborn, Chief Wetlands Regulatory Section - Raleigh IV Wetlands, Oceans and Watersheds Branch US Environmental Protection Agency Atlanta Federal Center 100 Alabama Street, SW Atlanta, Georgia 30303 Michael D. Smith, P.W.S. Chief, North Section Regulatory Branch ,FROM WASHINGTON Nr. David COX NC Wildlife Resources Commission Post Office Box 118 Northside, North Carolina 27564 Nr. Nicholas L. Graf Federal Highway Administration 310 New Bern Avenue, Suite 410 Raleigh, North Carolina 27601 BCF: Wright(CO-R Smith/CO-RN -Lekson/CO-RW Bell/CO-RW 03.18.1997 10:16 P.05 FFOM WASHINGTON 03.18.1997 10:14 P.01 FACSIMILE TRANSMITTAL HEADER SHEET For r al lh o lane, sm AR X l l; Mr aoporu m .Os"ss ocoU COM ?? E OFFICE ELEPH" FAX NO. SYMBOL (AUnW MICw m.) (AUTmm `anwn_) TO[ QLASSS F#GATM PRECEDENCE NO, PAGES WadarT DATE-TIME MONTH YEAR / 9 - otoo 13 1 ?'7' f1EMAF" sorts "f" Far cars un)CSElona c~ U" Only 3018 Ar JUL 90 DA WRIT ma-R, AM 72 IS oe= FM ?. ,r #`, ?? NAHUNTA SWAMP WATERSHED PLAN AND ENVIRONMENTAL ASSESSMENT GREENE AND WAYNE COUNTIES, NORTH CAROLINA ABSTRACT This document describes the plan and environmental efforts resulting from the efforts of the Greene and Wayne Soil and Water Conservation Districts along with federal and state agencies to address excessive erosion and nutrients in Nahunta Swamp Watershed. Off-site water quality is being degraded by excessive erosion (greater than 8 TAY) on 11,400 acres of cropland and by nutrients associated with sediment and 17 swine operations. Other M problems recognized in the watershed include depletion of the soil resource base and reduction of on-site productivity. The alternatives considered include the future without project, the National Economic Development plan, and the Resource Protection plan. The recommended alternative will reduce erosion on 7,000 acres of cropland, restore 500 acres of wetlands, and install 15 animal waste management systems. The quantity and quality of aquatic habitat will increase as sediment and nutrient loading of the stream system decrease. Wildlife resources will benefit from increases in available food and cover, and in increased habitat and diversity. Other off-site and on site resources will benefit. This document is intended to fulfill the requirements of the 1969 National Environmental Policy Act and is a prerequisite for authorization of Public Law-566 .funding. This Watershed Plan and Environmental Assessment (EA) was prepared under the Authority of the Watershed Protection and Flood Prevention Act - Public Law 83-566, as amended (16 U.S.C. 1001-1008) and under Section 102(2)(c) of the National Environmental Policy Act of 1969, Public Law 91-190, as amended (42 U.S.C. 4321 et. seq.) by: The Greene Soil and Water Conservation District The Wayne Soil and Water Conservation District North Carolina Department of Environment, Health, and Natural Resources - Division of Soil and Water Conservation U.S. Department of Agriculture - Natural Resources Conservation Service U.S. Department of Agriculture - Forest Service For additional information, contact: Richard A. Gallo, State Conservationist Natural Resources Conservation Service, USDA 4405 Bland Road, Suite 205 Raleigh, North Carolina 27609 The United States Department of Agriculture (USDA) prohibits discrimination in its programs on the basis of race, color, national origin, sex, religion, age, disability, political beliefs and marital or familial status. (Not all prohibited bases apply to all programs). Persons with disabilities who require alternative means for communication of program information (braille, large print, audiotape, etc.) should contact the USDA Office of Communications at (202) 720-5881 (voice) or (202) 720-7808 (TDD). To file a complaint, write the Secretary of Agriculture, U.S. Department of Agriculture, Washington, D.C. 20250, or call (202) 720-7327 (voice) or (202) 720-1127 (TDD). USDA is an equal employment opportunity employer. APRIL, 1,995 i NAHUNTA SWAMP WATERSHED AGREEMENT Between the GREENE SOIL AND WATER CONSERVATION DISTRICT AND WAYNE SOIL AND WATER CONSERVATION DISTRICT STATE OF NORTH CAROLINA (Referred to herein as Sponsors) and the NATURAL RESOURCES CONSERVATION SERVICE " UNITED STATES DEPARTMENT OF AGRICULTURE (Referred to herein as NRCS) Whereas, application has been made to the Secretary of Agriculture by the Sponsors for assistance in preparing a plan for works of improvement for the Nahunta Swamp Watershed, State of North Carolina, under the authority of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001-1008); and Whereas, the responsibility for administration of the Watershed Protection and Flood Prevention Act, as amended, has been assigned by the Secretary of Agriculture to the Natural Resources Conservation Service (NRCS); and Whereas, there has been developed, through the cooperative efforts of the Sponsors and NRCS, this plan for works of improvement for the Nahunta Swamp Watershed, State of North Carolina, hereinafter referred to as the watershed plan, which plan is annexed to and made a part of this agreement; Now, therefore, in view of foregoing considerations, the Secretarv of Agriculture, through the Natural Resources Conservation Service, and the Sponsors hereby agree on this plan and that the works of improvement for this project will be installed, operated, and maintained in accordance with the terms, conditions, and stipulations provided for in this watershed plan and including the following: 1. Cost-sharing rate for the establishment of enduring practices is 65 percent of the average cost in the selected plan for the evaluation unit. The cost-sharing rate for installation of animal waste management systems is 50 percent of the average cost in the selected plan. The estimated financial assistance cost for enduring practices and animal waste management systems is $737,070. Incentive payments for up to 1,000 acres of conservation tillage cotton in the demonstration project will be $10 per acre for a period of up to three years and a maximum of 100 acres per operator. Estimated financial assistance cost for the conservation tillage for cotton demonstration project is $30,000. Total estimated financial assistance cost for the project is $767,070. Financial assistance for installation of the wetland restoration measures will be through the NC Department of Transportation. APRIL; 1995 iii 2. The NRCS will assist the Sponsors in providing technical assistance to landowners or operators to plan and install land treatment practices shown in the plan. Percentages of technical assistance costs to be borne by the Sponsors and NRCS are as follows: Works of Estimated Technical Improvements Sponsors NRCS Assistance Costs (percent) (percent) (dollars) Land Treatment Practices 0 100 $297,410 3. The Sponsors will obtain applications from owners of not less than 15 percent of the land in the problem area, indicating that they will carry out the planned land treatment measures. Applications will be obtained before the first long-term land treatment contract is executed. 4. The Sponsors will obtain agreements with the landowners or operators to operate and maintain the land treatment practices for the protection and improvement of the watershed. 5. The Sponsors and NRCS will each bear the cost of project administration that each incurs, estimated to be $1,250 and $79,150, respectively. 6. The costs shown in this plan are preliminary estimates. Average cost or an approved variation will be used for the installation payment determinations. 7. This agreement is not a fund-obligating document. Financial and other assistance to be furnished by NRCS in carrying out the plan is contingent upon the fulfillment of applicable laws and regulations and the availability of appropriations for this purpose. 8. A separate agreement will be entered into between NRCS and the Sponsors before either party initiates work involving funds of the other party. Such agreements will set forth in detail the financial and working arrangements and other conditions that are applicable to the specific works of improvement. 9. This plan may be amended or revised only by mutual agreement of the parties hereto, except that NRCS may deauthorize funding at any time it determines that the Sponsors have failed to comply with the conditions of this agreement. In this case, NRCS shall promptly notify the Sponsors in writing of the determination and the reasons for the de- authorization of the project funding, together with the effective date. Payments made to the Sponsors or recoveries by NRCS shall be in accord with the legal rights and liabilities of the parties when project funding has been deauthorized. An amendment to incorporate changes affecting a specific measure may be made by mutual agreement between NRCS and the Sponsors having specific responsibilities for the measure involved. M iv APRIL, 1995 10. No member of or delegate to Congress, or resident Commissioner, shall be admitted to any share or part of this plan, or to any benefit that may arise therefrom; but these provisions shall not be construed to extend to this agreement if made with a corporation for its general benefit. 11. The program conducted will be in compliance with the nondiscrimination provisions as contained in Titles VI and VII of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987 (Public Law 100-259) and other nondiscrimination statutes, namely Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and in accordance with regulations of the Secretary of Agriculture (7 C.F.R. 15, Subparts A & B) which provide that no person in the United States shall, on the grounds of race, color, national origin, age, sex, religion, marital status, or handicap be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of Agriculture or any agency thereof. 12. Certification Reeardine Drug-Free Workplace Requirements(7 CFR 3017, Subpar` F). By signing this watershed agreement, the sponsors are providing the certification set out below. If it is later determined that the sponsors knowingly rendered a false certification, or otherwise violated the requirements of the Drug-Free Workplace Act, the NRCS, in addition to any other remedies available to the Federal Covernment, may take action authorized under the Drug-Free Workplace Act. Controlled substance means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.3.1 through 1308.15); Conviccior_ means a finding of (including a plea of nolo contendere) or imposition of a sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statues; Criminal drug statue means a Federal or non-Federal criminal statute involving the manufacturing, distribution, dispensing, use, or possession of any controlled substance; J Employee means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) all direct charge employees; (ii) all indirect charge employees unless their impact or involvement is insignificant to the performance of the grant; and, (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement-; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). APRIL, 1995 v Certification: , A. The sponsors certify that they will or will continue to provide a drug-free workplace by: (1) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (2) Establishing and ongoing drug-free awareness program to inform employees about -- » (a) The danger of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (3). Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (1); (4) Notifying the employee in the statement required by paragraph (1) that as a condition of employment under the grant, the employee will -- (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (5) Notifying the NRCS in writing, within ten calendar days after receiving notice under paragraph (4) (b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s)s of each affected grant; (6) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (4) (b), with respect to any employee who is so convicted- vi APRIL, 1995 (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. (7) Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs (1), (2), (3), (4), (5), and (6). B. The sponsors may provide a list of the site(s) for the performance of work done in connection with a specific project or other agreement. C. Agencies shall keep the original of all disclosure reports in the official files of the agency. 13. Certification Regarding Lobbying (7 CFR 3018). (1) The sponsors certify to the best of their knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the sponsors, to any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (c) The sponsors shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. (2) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. APRIL, 1995 vii 14. Certification Regarding-Debarment. Suspension, and Other Responsibilitv Matters - Primary Covered Transactions (7 CFR 3017). (1) The sponsors certify to the best of their knowledge and belief, that they and their principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1) (B) of this certification; and (d),Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the primary sponsors are unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this agreement. viii APRIL, 1995 Greene Soil and Water Conservation District 3 Professional Dr., Suite B Snow Hill, NC 28580 i By Fran H. S ac cle ord Chairma Date The signing of this plan was authorized by a resolution of the governing body of the Greene Soil and Water Conservation District adopted at a meeting held on APR i L L1. 1995 SecretaY s Date Wayne Soil and Water Conservation District 208 W. Chestnut Street Goldsboro, NC 27530 By Russell Gurley Chairman Date The signing of this plan was authorized by a resolution of the governing body of the Wa ne Soil and Water Conservation District adopted t a meeting held on ii{'c? l-ham) m?.N Date Natural Resources Conservation Service United States Department of Agriculture Approved by: and A. Gallo St to Conservationist Date: APRIL, 1995 ix NAHUNTA SWAMP WATERSHED PLAN AND ENVIRONMENTAL ASSESSMENT GREENE AND WAYNE COUNTIES, NORTH CAROLINA CONTENTS page ABSTRACT . . . . . . . . WATERSHED AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . CONTENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Xi TABLES . . . . . . . . . APPENDICES . . . . . . SUMMARY . . . . . . . . . . . . . . . . . . xiii INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 PROJECT SETTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Physiography . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Existing Conditions . . . . . . . . . . . . . . . . . . . . . . . . 3 Agricultural Economy . . . . . . . . . . . . . . . . . . . 4 Demographics . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 WATERSHED PROBLEMS AND OPPORTUNITIES . . . . . . . . . . . . . . . . . . 8 SCOPE OF THE ENVIRONMENTAL ASSESSMENT . . . . . . . . . . . . . . . . . . 13 FORMULATION AND COMPARISON OF ALTERNATIVES 14 Formulation Process . . . . . . . . . . . . . . . . . . . . . . 14 Description of Alternative Plans . . . . . . . . . . . . . . . . . 16 Effects of Alternative Plans . . . . . . . . . . . . . . . . . . . 18 Comparison of the Alternative Plans . . . . . . . . . . . . . . . . 22 Risk and Uncertainty . . . . . . . . . . . . . . . . . . . . . . . 22 Rationale for Plan Selection . . . . . . . . . . . . . . . . . . . 23 CONSULTATION AND PUBLIC PARTICIPATION . . . . . . . . . . . . . . . . . . 24 RECOMMENDED PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Purpose and Summary . . . . . . . . . . . . . . . . . . . . . . . . 35 Measures to be Installed . . . . . . . . . . . . . . . . . . . . . 35 Permits and Compliance . . . . . . . . . . . . . . . . . . . . . . 36 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Installation and Financing . . . . . . . . . . . . . . . . . . . . 39 Operation, Maintenance, and Replacement . . . . . . . . . . . . . . 41 REFERENCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 LIST OF PREPARERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 APRIL, 1995 xi NAHUNTA SWAMP WATERSHED PLAN AND ENVIRONMENTAL ASSESSMENT GREENE AND WAYNE COUNTIES, NORTH CAROLINA TABLES page TABLE A - SOIL ASSOCIATIONS IN NAHUNTA SWAMP WATERSHED . . . . . . . . . . . . . . 2 TABLE B - LAND USE IN NAHUNTA SWAMP WATERSHED . . . . . . . . . . . . . . . . . . . 3 TABLE C - CROPLAND ACRES IN NAHUNTA SWAMP WATERSHED . . . . . . . . . . . . . . . . 5 " TABLE D - POPULATION OF NAHUNTA SWAMP WATERSHED BY RACE . . . . . . . . . . . . . . 7 TABLE E - ENDIVIDUALS BELOW THE POVERTY LEVEL BY RACE . . . . . . . . . . . . . . . 7 TABLE F - CROPLAND EROSION IN NAHUNTA SWAMP WATERSHED ... . . . . . . . . . . . . . 10 TABLE G - AVERAGE ANNUAL YIELDS BY EROSION PA.LiSE IN NAHUNTA SWAMP WATERSHED . . . . 11 TABLE H - EVALUATION OF IDENTIFIED CONCERNS FOR NAHUNTA SWAMP WATERSHED . . . . . . 13 TABLE 1 - ESTIMATED INSTALLATION COST . . . . . . . . . . . . . . . . . . . . . . . 3i TABLE 4 - ANNUALIZED ADVERSE NED EFFECTS . . . . . . . . . . . . . . . . . . . . . . 32 TABLE 5A - ESTIMATED ANNUALIZED WATERSHED PROTECTION DAMAGE REDUCTION BENEFITS . . . 33 TABLE 6 - COMPARISON OF NED BENEFITS AND COSTS . . . . . . . . . . . . . . . . . . 34 TABLE J - EFFECTS ON RESOURCES OF NATIONAL RECOGNITION . . . . . . . . . . . . . . . 37 TABLE K - COMPLIANCE WITH WRC-DESIGNATED ENVIRONMENTAL STATUTES . . . . . . . . . . 38 TABLE L - SCHEDULE OF OBLIGATIONS . . . . . . . . . . . . . . . . . . . . . . . . . 40 TABLE M - PROJECTED WORK SCHEDULE FOR NAHUNTA SWAMP WATERSHED . . . . . . . . . . . 41 APPENDICES APPENDIX A - LETTERS AND COMMENTS . . . . . . . . . . . . . . . . . . . 47 APPENDIX B - SUPPORTING INFORMATION . . . . . . . . . . . . . . . . . . 61 APPENDIX C - MEMORANDUM OF AGREEMENT BETWEEN NCDOT AND GREENE AND WAYNE SWCDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 APPENDIX D - WETLAND RESTORATION PLAN . . . . . . . . . . . . . . . . . 71 APPENDIX E - WATERSHED MAP . . . . . . . . . . . . . . . . . . . . . . 79 xii APRIL, 1995 SUMMARY OF NAHUNTA SWAMP WATERSHED PLAN/ENVIRONMENTAL ASSESSMENT Project Name: Nahunta Swamp Watershed Protection Plan Counties: Greene and Wayne State: North Carolina Sponsors: Greene Soil and Water Conservation District Wayne Soil and Water Conservation District Description of the Recommended Plan: The plan selected by the Greene and Wayne Soil and Water Conservation Districts is a cost-effective alternative to meet the Districts' conservation goals. A 70 percent participation rate is expected. Conservation land treatment measures will be applied to 6,000 acres of cropland, 1,000 acres of cropland will be converted to permanent vegetation, 500 acres of prior converted wetlands will be restored, and 15 animal waste management systems will be installed in an accelerated watershed protection program. Approximately 11.8 worker years of technical assistance will be provided to accelerate the land treatment program during the 5 year installation period. All financially assisted measures with landowners/operators will be installed using long-term contracts with the sponsor. Federal cost-share funds for installation of measures will total $767,070. Off-site benefits include improved water quality for aquatic habitat and improved wildlife habitat. Installation of the accelerated program will prevent the change in Erosion Phase (from Phase I to Phase II) on 5,400 acres of cropland, and decrease the annual gross erosion by 37 percent (144,300 tons). Resource Information: Size of Watershed: 60,378 acres Land Cover - Cropland: 31,655 acres Grassland: 1,048 acres Woodland and Other: 27,675 acres Land Ownership - Private: 98% State-Local: 2% Number of Farms: 460 Average Size (AC): 124 Prime and Important Farmland: 45,300 acres (12%) No. Minority/Female Farmers: 50 No. Limited Resource Farmers: 183 APRIL, 1995 xiii Wetlands (by class): 12,730 acres forested 600 acres shrub/scrub/emergent vegetation 194 miles of perennial streams 198 ponds (1/4 to 9 acres) Flood plains (FEMA - by land use): 4,960 acres forested 10 acres grassland 1,200 acres cropland Highly Erodible Cropland: 3,737 acres Endangered Species: There are no federally listed endangered or threatened species in the watershed. Cultural Resources: Some archaeological sites were identified in the archaeological overview that was preformed but should not be effected by planned conservation measures. Ongoing operations will conform to NRCS policy for cultural resources. Problem Identification: Excessive sheet and rill erosion on 11,400 acres of cropland (greater than 8 tons per acre per year) and 400 acres of ephemeral gully erosion are damaging water quality in the region with sediment and nutrients associated with sediments. Annual gross cropland erosion averages 8.7 tons per acre. Cropland erosion is exceeds 383,200 tons per year. Additional off-site damages result from approximately 18.2 million gallons of untreated animal waste produced in the watershed. Off-site damages include impaired water quality, sedimentation of road ditches, and loss of aquatic habitat. On-site productivity is damaged by excessive erosion. Crop yields are expected to decrease an additional 25 percent over the next 30 years on 7,780 acres of cropland (changing from Phase I to Phase II). Alternative Plans Considered: 1. Ongoing Program: Land treatment on 1,440 acres over 5 years. 2. National Economic Development Plan: Land treatment on 5,700 acres of cropland. Install 15 Animal Waste Management Systems. 3. Resource Protection Plan: Land treatment on 7,500 acres of cropland. Install 15 Animal Waste Management Systems. xiv APRIL, 1995 Project Purposes: Installation of the project will reduce off-site damages from sediment and nutrient loading, maintain on-site productivity on 5,700 acres of cropland, establish 1,300 acres of permanent vegetation (1,000 acres of conversion and 300 acres of water disposal systems), restore 500 acres of prior converted wetlands, and provide 15 animal waste management systems through an accelerated land treatment program. Principal Project Measures: 1. Resource Management Systems (conservation tillage, crop rotations, and crop residue management) 2. Conservation Tillage Demonstration Project.for Cotton (1,000 acres) 3. Water Disposal Systems (grassed waterways, field borders, diversions - 300 acres) 4. Cropland Conversion to permanent vegetation (including wetland rehabilitation - 1,500 acres) 5. Animal Waste Management Systems (15 units) Long Term Contracts (no.) - 390 Acres Benefited - Cropland 5,700 acres Permanent Vegetation 1.800 acres Total 7,500 acres Proiect Costs: PL-566 Funds Other Funds Land Treatment Measures $767,070 (45%) $928,950 (55%) Technical Assistance $297.410 (92%) $ 26.250 ( 8%) TOTAL $1,064,480 (53%) $955,200 (47%) Project Benefits: Total $1,696,020 $ 323.660 $2,019,680 Off-site benefits are estimated as $248,660 annually from reduced maintenance on road ditches, potential fishing values, wildlife habitat, and flood water storage. Off-site benefits are calculated from state- maintained roads (144 miles), lakes/ponds (43 water bodies), perennial streams (136 miles), cropland conversion (1,000 acres), and restored wetlands (500 acres). The annual damage reduction benefits on cropland are estimated from maintaining long-term productivity at $613,510 plus concurrent "now- time" benefits from reduced variable production costs of $115,050. Total on-site benefits, excluding intensification, are estimated to be APRIL, 1995 xv $728,560 annually. No on-site economic analysis was required for cropland conversion benefits which accrue to 1,500 acres on which use changes to grass, trees, or wetlands. Other Impacts: Land Use Changes: 1,800 acres from cropland to permanent vegetation Environmental Values changed or lost: Wooded Flood Plain: 500 acres of reestablished wetlands Wetlands: 500 acres reestablished Cultural Resources: no effect Wildlife Habitat: 1,800 acres of permanent cover established. (Cropland Conversion, Water Disposal Systems, and Wetland Rehabilitation) Fisheries: 136 miles benefited/43 ponds benefited Prime Farmland: 4,275 acres protected Major Conclusions: The proposed program has proven to be a cost-effective plan for achieving a level of resource protection acceptable to the local people. Areas of Controversy: There are no areas of controversy. Issues to be Resolved: There are no other issues left to be resolved. Other: Off-site benefits will result as sediment and nutrients in the stream - system decrease each year. The proposed project will also maintain the on-site productivity on 5,700 acres of cropland with 1,800 acres to be removed from row crop production. xvi APRIL, 1995 NAHUNTA SWAMP WATERSHED PLAN AND ENVIRONMENTAL ASSESSMENT GREENE AND WAYNE COUNTIES, NORTH CAROLINA INTRODUCTION The watershed protection plan and environmental assessment for this project have been combined into a single document. The document describes the problem identification, conservation options procedure, plan formulation, plan selection, the results of the environmental evaluation, and the finding of no significant impact. This document provides the basis for authorizing accelerated federal assistance to the Greene and Wayne Soil and Water Conservation Districts and local landowners/operators in improving water quality in the watershed by treating critical erosion on 7,000 acres of cropland and reducing nutrients with 15 animal waste management systems. A special conservation tillage demonstration project for cotton (1,000 acres) has been authorized for the watershed. An additional 500 acres of prior converted wetlands will be restored with conservation easements. The sponsoring local organizations are the Greene and Wayne Soil and Water Conservation Districts. The Sponsors were assisted in the plan development by: North Carolina Department of Environment, Health, and Natural Resources (NCDEHNR) - Division of Soil and Water Conservation (DSWC) United States Department of Agriculture (USDA) Natural Resources Conservation Service (MRCS) - Forest Service (FS) Other federal, state, and local agencies provided input and review during the planning process. The plan was prepared under the authority of the Watershed Protection and Flood Prevention Act, Public Law 83-566, as amended, (16 U.S.C. 1001-1008) and under section 120 (2)(c) of the National Environmental Policy Act of 1969, Public Law 91-190, as amended (42 U.S.C. 4321 et. seq.). Responsibility for compliance with the National Environmental Policy Act rests with the Natural Resources Conservation Service. APRIL, 1995 1 PROJECT SETTING Phys io grUhy The Nahunta Swamp watershed covers 60,378 acres in the central coastal plain of North Carolina. Johnston county has 1,039 acres, Wayne county has 45,914 acres, and Greene county has 13,425 acres. The headwaters are at the Johnston/Wayne county line and the stream flows east to Contentnea Creek, a major tributary of the Neuse River. The topography is flat to strongly sloping with the cropland ranging from 1 to 8 percent slope. Soils in the watershed are underlaid by marine sediments. Complex soil patterns result from variations in parent material and topography. Depth to unconsolidated sediments is 60 inches or more. Major soil series include Norfolk, Goldsboro, and Aycock. TABLE.: A. - SOIL ASSOCIATIONS IN,NAHUNTA SWAMP I Norfolk Goldsboro - Aycock -:Exum 47,078 acres Wagram - Kenansville - Autryville 7,199 acres Rains Torhunta - Liddell 2,719 acres More than 65 percent of the soils in the watershed are considered Prime and Important. Farmland. Soil "K" values range from .10 to .43 with .17 (11,325 acres) and .37 (8,512 acres) being the most common. Soil loss tolerance is 5 tons per acre per year. The complex mixture of soil patterns and topography require effective resource management systems to protect the natural resource base. Approximately 12 percent of the open land is considered highly erodible. There are approximately 25,000 acres of hydric soils in the watershed. Of these, about 11,000 acres (43%) have been prior converted' to cropland. Most of the prior converted hydric soils are located along narrow drainageways or in small depressions. The hydric soils with the greatest potential for wetland restoration are located in the riparian area along Nahunta Swamp. Wetlands in the watershed include Type 1 (seasonally flooded bottom land 2) at the upper portion of drainage patterns and along the channels, Type 5 (inland open fresh water) which are farm ponds or old mill ponds, and Type 7 (wooded swamp) along the lower reaches of the main channel. There are approximately 14,000 acres of wetlands (based on hydric soils) in the watershed that represent good habitat for a variety of game and non-game wildlife. There are 198 farm ponds between 1/4 and 49 acres in size that are 'Prior Conversion - wetland alteration that was completed prior to December 23, 1985. National Food Security Act Manual, Second Edition, 1988. 2Shaw, S.P., and C.G. Fredine, Wetlands of the United States, Circular 39, U.S. Fish and Wildlife Service, U.S. Department of the Interior, 1956 2 APRIL, 1995 used for both recreation and irrigation. There are 194 miles of perennial streams in the watershed. The Division of Environmental Management (DEM), North Carolina Department of Environment, Health, and Natural Resources (NCDEHNR) has limited information on water quality in the watershed but report varying levels of quality. Detailed information is listed in Watershed Problems and Opportunities. " Climate in the area is mild with an average annual temperature of 62 degrees Fahrenheit. Average length of the frost-free season is 215 days. Average annual rainfall is 50 inches. The wettest month is July (7.5 inches). The driest month is October (2.9 inches). The other months average 3 to 5 inches per month. Existing Conditions The existing resources in the watershed have been documented through various studies by NRCS personnel, FS personnel, district programs, and the NCDEHNR. A 100 percent field survey was completed for agricultural land in the watershed. Data compilation included land use, soil loss factors, and conservation treatment needs. An ephemeral gully survey was performed on a random sample of fields. There are 31,655 acres of cropland in the watershed (Table A). Major crops are cotton, tobacco, corn, and soybeans. Cotton acreage has been increasing in recent years but is expected to stabilize soon due to market constraints. Cotton and tobacco provide a significant part of the farm income. Rotations are usually a 2-year rotation of corn-small grain-soybeans or tobacco-small grain-corn. Cotton rotations have not been established. TABLE B LAND USE IN NAHUNTA SWAMP WATERSHED Cropland 31,655 acres Pasture/Hayland 1,048 acres Woodland 24,675 acres Miscellaneous 3,000 acres About 33 percent of the cropland is eroding at or below the tolerance rate (T - 5 TAY). Another 43 percent is eroding between T and 2T. The remaining cropland (24 percent) is eroding at greater than 2T. About 9 percent of the cropland has degraded to Erosion Phase 113 or worse. At present rates of erosion, 25 percent of the cropland will be in Erosion Phase II or worse within the next 30 years with an accompanying decrease in productivity (Table D). The reduction in on-site productivity from the phase change averages 25 percent for all crops from sheet and rill erosion. Areas 3Erosion Phase I - Greater than 6" of topsoil. No subsoil is exposed. Erosion Phase II - Between 3" and 6" of topsoil. Some subsoil mixed in. Erosion Phase III - Less than 3" of topsoil. Root zone is mostly subsoil. APRIL, 1995 3 voided by ephemeral gully erosion will experience a 100 percent reduction in productivity while the depreciated areas adjacent to the gullies may be reduced by 50 percent from the field average. This reduction will be in addition to any phase change within the field. Estimated sheet and rill erosion losses on cropland in the watershed exceeds 269,200 tons per year. Average soil loss is 8.7 tons per acre per year. Ongoing studies of the ephemeral gully erosion indicates an additional 114,000 tons per year of erosion from concentrated flow. Annual sediment delivered from cropland erosion is estimated to exceed 43,000 tons. Sheet and rill erosion on pasture and woodland is estimated to be less than "T". All other erosion in the watershed is estimated at 30,630 tons per year with an additional 8,830 tons of sediment delivered per year. The US Forest Service, NC Forest Service, and local foresters report no significant areas of erosion on tracts of recently harvested timberland. Use of forestry BMP's will prevent erosion problems in woodland areas. Agricultural Economy4 There are 57,000 acres in the county classified as land in farms. Average farm size for the 460 farms is 124 acres with 69 acres in cropland. There are 31,655 acres of cropland in the watershed. Market value of agricultural products sold per farm averages $131,800, which compares to $59,737 per farm for the State. In the U.S., average farm size is 416 acres, average cropland is 199 acres, and sales of agricultural products is almost $58,900 per farm. A smaller proportion of Nahunta Swamp Watershed operators have gross farms sales under $40,000 per year (58.8 percent) compared to the rest of N.C. (76.8 percent) and the U.S. (61.2 percent). A smaller percentage of Nahunta Swamp Watershed operators harvest less than 50 acres of land (33.6 percent) than de all operators in North Carolina (39.4 percent) or the U.S. (36.7 percent). Operators in Greene and Wayne counties tend to supplement their farm income with off-farm work at a lesser rate than do other operators. A larger proportion of Nahunta Swamp Watershed farmers consider their principal occupation as farming (69.1 percent) compared with farmers in the rest of the state (51.8 percent). Over 57.2 percent of the operators in Greene and Wayne counties reported no days worked off-farm in 1987 and only 24 percent report working off-farm in excess of 200 days. This compares to North Carolina figures of 46.2 percent and U.S. figures of 40.4 percent reporting no days worked off-farm and 36.6 percent and 35.3 percent respectively working off- farm in excess of 200 days. About 42.6 percent of Greene and Wayne Counties farmers report varying amounts of off-farm work. The North Carolina average is 53.8 percent. Many residents of the watershed are employed in agriculturally related industries and businesses in the area. Finally, the 41987 Census of Agriculture, Vol. 1, Part 33, North Carolina State and County Data; North Carolina Agricultural Statistics, 1989; North Carolina. 4 APRIL, 1995 incidence of tenancy is significantly higher in Greene and Wayne Counties than in the rest of the U.S. There are areas in Nahunta Swamp Watershed where the presence of Limited Resource Farmers (LRFs) is greater than in the rest of North Carolina. Estimates of the project area show that 183 operators have gross farm sales under $40,000 with no non-farm income. Their average household income is $11,110. • Limited Resource Farmers have distinct disadvantages in obtaining USDA program assistance and are characterized by: (1) Gross farm sales average $40,000 or less in each or the last three years, and there is no non-farm income. (2) Total household net income, farm and non-farm, is 75 percent or less of the non-metropolitan median income for the state or county. (3) Lack of access to capital, labor or equipment. (4) Farm size is significantly smaller than the average size. (5) Social, cultural, customs or language barriers, minimal awareness of USDA programs, limited management skills, the level of formal education is below the county average or undereducated, and are less likely to take business risks and adopt new technology. In the watershed, low participation by LRFs in soil conservation programs contributes to on-farm and off-site problems by constraining improved resource utilization. As the soil resource base is degraded, production will be reduced, resulting in less money being spent on soil amendments to sustain productivity. Without efforts to increase accessibility to technical and financial assistance, these farmers could eventually be caught in a situation that they cannot reverse. TABLE C - CROPLAND ACRES IN NAHUNTA SWAMP WATERSHED Soybeans 12,140 acres Corn 9,700 acres Cotton 6,000 acres Tobacco 2,310 acres Small Grains (double-cropped) 220 acres Vegetables 100 acres Significant acreage in the watershed is devoted to corn and small grains double cropped with soybeans. However, most of the farm income is derived from tobacco and cotton. The capitalized value of production for the cropland in the watershed based on net returns using 1994 current normalized prices is APRIL, 1995 5 $3,326 per acre. The Capitalized value of production for the prior converted wetlands in the watershed is $973 per acre based on net returns. Livestock operations in Nahunta Swamp include approximately 20,000 hogs and 1,200,000 broilers and turkeys. All poultry waste is handled as dry litter and does not pose a problem. New swine operations are installing animal waste management systems as part of the conditions set by the vertical integrators and lending institutions. The older, independent operators (17) do not have the resources or collateral to finance the necessary upgrading of facilities and need assistance to reduce this impact on water quality in Nahunta Swamp. 6 APRIL, 1995 Demographics5 The population of Greene and Wayne Counties is estimated to be 120,050. Major population centers in the watershed include Fremont (pop. 1,860), and Pikeville (pop. 771). About 79 percent of the watershed residents are white and 21 percent are minorities. The minority population in the watershed area occurs at 87 percent of the State level. There are 50 farm operators in the watershed that are either female or minority. I TABLE `D - POPULATION OF NAHUNTA`SWAMP BY°RACE Watershed Area Two Countv Area North Carolina Race Number Percent Number Percent Number Percent White 8,747 78.7 77,919 64.9 5,008,491 75.6 Minority 2,367 21.3 42,131' ._ 35.1 1,620,146 24.4 Total 11,114 .100.0 120,050 100.0 6,628,637 100.0 Mean household income in the area is about $28,022 which is 84 percent of the median income of the state ($33,242). A larger percentage of people live below the poverty level in Nahunta Swamp Watershed and the two-county area than are living below the poverty level in the rest of the state (15.7% in Nahunta Swamp area compared to 13.0% for the state). TABLE E INDIVIDUALS BELOW THE POVERTY LEVEL BY RACE Watershed Area Two Countv Area North Carolina Percent Percent Percent % of Below X of Below % of Below :Number Total Poverty Number Total Poverty Number Total 51990 Census of Population & Housing - General Social and Economic Characteristics APRIL, 1995 7 WATERSHED PROBLEMS AND OPPORTUNITIES Water quality in Nahunta Swamp is being threatened by sediment and nutrients. It is impairing its value as a recreational fishery. Nahunta Swamp is also contributing to water quality problems in Contentnea Creek and the lower Neuse River. Problems cited by the Districts in their application include sedimentation of streams and water bodies by cropland erosion and the impact of animal waste on the watershed. In January, 1988 the North Carolina Environmental Management Commission declared the entire Neuse River Basin "Nutrient Sensitive". The "Nutrient Sensitive" designation requires mandatory reduction of phosphorous discharges at existing municipal and industrial waste water treatment facilities. All new waste water treatment facilities or expansions built in the basin are limited to 2 parts per million of phosphorous in their discharge. Agricultural operations are encouraged to utilize Best Management Practices (BMPs) to reduce nutrient inputs to the river basin. Technical and financial assistance to install BMPs is a significant tool to help meet the goals of the Neuse River Basinwide Plan discussed later in this section. Nahunta Swamp Watershed has 13.5 miles of stream listed as partially supporting it's designated uses (C-SW)6. The major cause of the impairment was listed as sediment. The remaining reaches of Nahunta Swamp watershed have been listed as support threatened, indicating that they are being stressed by non-point sources. There are three permitted point source discharges located along Nahunta Swamp, each discharging less than 50,000 gallons per day with strict limits on the amount of phosphorus allowed to be discharged. These point sources are not considered significant to the existing water quality problems. There are no large urban areas which would contribute significant non-point pollution. In 1987 and 1989, Contentnea Creek was not listed as impaired from the Wilson Water Treatment Plant to Stantonsburg, just upstream of the junction with Nahunta Swamp. Below the junction with Nahunta Swamp, Contentnea Creek was listed as partially supporting it's designated uses (C-SW). Major sources of pollutants were listed as crop land, pasture land, feedlots, and animal holding areas. In Contentnea Creek watershed 174 miles of stream were identified as impaired. In 1990, Contentnea Creek did show some improvement but sediment is still listed as being a problem. The Division of Environmental Management - Water Quality Section has 6C - providing aquatic habitat suitable for reproduction of fish SW - SWAMP - experiencing natural periods of low dissolved oxygen levels North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Management, Water Quality Section, Water Quality Progress in North Carolina. 1986 - 1987 305b Report. Report 90-07. 1987. 8 APRIL, 1995 produced a basinwide management plan for the Neuse River as part of a state wide effort to prioritize water quality efforts in the future. The plan identifies Contentnea Creek and Trent Creek subbasins as having the highest number of stream miles impaired by agriculture. Contentnea Creek is estimated to contribute 20 percent of the non-point source nutrient loading to the lower Neuse estuary and has been given a high priority for action. When all counties in the Neuse River basin (15) were considered, Wayne county was ranked as the #1 priority needing additional BMPs on cropland. It was given a #4 priority for swine farms. Greene county was ranked #2 priority for swine farms and was ranked #5 priority in need of additional BMPs on cropland. This project will be very important in meeting the water quality goals set for the area. The 100% field inventory for Nahunta Swamp Watershed identified 17 hog operations. At least 90 percent of these need assistance in establishing adequate Animal Waste Management Systems. Nutrients from these operations have a direct impact on the water quality of the stream system and on the nutrient loading downstream. In Nahunta Swamp Watershed there are 198 small ponds with an average size of 1.6 acres. Approximately 30 percent of these ponds are adversely affected by sediment and nutrients with the fish population reduced by 1/3. Sediment interferes with gill efficiency, eliminates escape cover, buries nest sites, and suffocates eggs. Excessive nutrients promote excessive algae growth which may result in reduced oxygen levels. This creates a loss of fishing opportunity to the local people of 1,650 fishing-days annual'ly'. Similar loss of fishing opportunity is experienced in the 194 miles of creeks in the watershed. There are approximately 1,200 acres of prior converted wetlands (Johnston soils) located within the 100-year flood plain along the main channel. These acres are marginal cropland due to occasional flooding. When farmed, they represent a source of nutrients to the stream system. Adjoining cropland will often produce sediment and nutrients that will move through these areas before entering the stream. The restored wetlands (bottomland hardwoods) in Nahunta Swamp Watershed will be located in riparian areas and will provide public benefits as a nutrient sink for nitrogen and phosphorus as well as a settling area for sediment from upland fields. The vegetation (trees, shrubs, etc.) in these riparian areas will utilize nutrients that would otherwise enter the stream system. Additional benefits will be gained through improved wildlife habitat including the use of these riparian areas as travel corridors. North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Management, Water Quality Section Neuse River Basinwide Water Quality Management Plan, 1993 'RECREATIONAL IMPACTS OF SEDIMENT (unpublished) - developed by Phil Edwards, NRCS Biologist, retired, Raleigh, NC APRIL, 1995 9 Rare/endangered species (Federal or State listed) that have been located in the Contentnea Creek subbasin include: Atlantic pigtoe - Fusconala mason! Dwarf wedge mussel - Alasmidonta heterodon Neuse slabshell - Elliptio judithae Neuse River waterdog - Necturus lewls! Carolina madtom - Noturus furiosus No rare or endangered species have been located in the Nahunta Swamp , Watershed. Excessive nutrients and sedimentation has destroyed much of the habitat needed by these species across the state. Improving the aquatic habitat in Nahunta Swamp by reducing nutrients and sedimentation may increase the available habitat for these species and will reduce the rate of downstream habitat degradation. No evidence of widespread groundwater contamination has been identified. In early 1990, The North Carolina Cooperative Extension Service conducted a well-testing program for Wayne County. Out of 286 samples, 10.1% had nitrate levels greater than 10 mg/liter. Surface contamination through cracked or improperly installed well heads was identified as the source of the nitrates. On-site damages include deterioration of the soil resource base, decreased on-site productivity, and increased production costs. TABLE F - CROPLAND EROSION IN NAHUNTA SWAMP WATERSHED Average Estimated Time To tal Estimated l Erosion Class Erosion Rate Acres for Phase chance Erosion 1 0 - 5 TAY 3.5 10,406 no phase change 36,421 5 - 10 TAY 6.9 13,469 116 years 92,936 10 - 15 TAY 12.3 3,663 31 years 45,055 15 - 20 TAY -17.0 1,974 19 years 33,558 20 + TAY 28.6 2.143 10 years 61.290 31,655- 269,260 tons/year A 100% field survey of the watershed determined the sheet and rill erosion rates and identified critically eroding areas within the watershed. Ephemeral gully erosion rates have been estimated and effects are readily visible in the fields. The effect of the ephemeral gully erosion is the voiding of the soil resource in the impacted area and the deposition of sediment in the field ditches and nearby streams. Estimated sheet and rill erosion losses on cropland in the watershed exceeds 269,200 tons per year. Average soil loss is 8.7 tons per acre per year. Ongoing studies of the ephemeral gully erosion indicates an additional 114,000 tons per year of erosion from concentrated flow. Annual sediment delivered from cropland erosion is estimated to exceed 43,000 tons. Sheet and 10 APRIL, 1995 rill erosion on pasture and woodland is estimated to be less than "T". All other erosion in the watershed is estimated at 30,630 tons per year with an additional 8,830 tons of sediment delivered per year. Most cropland in the watershed (28,756 acres) is in an Erosion Phase I9 condition. Approximately 9 percent of the cropland (2,757 acres) has eroded to an Erosion Phase II condition and less than 1 percent (133 acres) is in an Erosion Phase III condition. The schedule for eroding cropland to pass from a Phase I condition to a Phase II condition is shown in Table F. A phase change is considered to be a loss of 1 1/2 inches of topsoil. The reduction in on-site productivity from this phase change averages 25 percent for all crops from sheet and rill erosion. Areas voided by ephemeral gully erosion will experience a 100 percent reduction in productivity while the depreciated areas adjacent to the gullies may be reduced by 50 percent from the field average. This reduction will be in addition to any phase change within the field. TABLE G AVERAGE ANNUAL YIELDS BY EROSION PHASE Crop Phase I Phase II Phase III Yield Yield Reduction M Yield Reduc tion Soybeans 40 bu 30 bu 10 bu 25% 20 bu 10 bu 33% Corn 85 bu 65 bu 20 bu 24% 50 bu 15 bu 23% Wheat 60 bu 50 bu 10 bu' 17% 40 bu 10 bu 20% Tobacco 2,700 lbs 1,900 lbs 800 lbs 30% 1,500 lbs 400 lbs 21% Cotton 750_lbs 600 lbs 150 lbs 20% 500 lbs 100 lbs 17% Additional on-site problems associated with the deterioration of the resource base include: additional fertilizer inputs; increased equipment costs for land preparation, planting and harvesting; and increased energy and labor costs to the farm operator. Nahunta Swamp Watershed is agriculturally oriented and no significant change to an urban/industrial orientation is expected by 2020. Livestock numbers will increase during the next 10 years but concerns of the vertical integrators and lending institutions will provide incentives for new operations to manage animal waste. All evaluations assumed that crops and the current level of technology will remain the same. The ongoing district programs (CO-01, Agricultural Conservation Program (ACP), N.C. State Cost-Share Program (CSP)) in Greene and Wayne Counties can only provide 0.3 worker-year to the watershed area annually. Of the 20,255 acres needing treatment, these programs would provide technical assistance 9Erosion Phase I - Greater than 6" of topsoil. No subsoil is exposed. Erosion Phase II - Between 3" and 6" of topsoil. Some subsoil mixed in. Erosion Phase III - Less than 3" of topsoil. Root zone is mostly subsoil. APRIL, 1995 11 (over an 5 year period) for 1,440 acres of cropland. Conservation land treatment on these acres would reduce soil loss in the watershed by approximately 28,600 tons annually at the end of the 6 year planning period. Sediment delivery to Contentnea Creek and the Neuse River would be reduced by approximately 3,100 tons annually. Excessive and critical erosion (greater than 2T) would continue on 9,960 acres. Gross erosion from cropland in the watershed would be approximately 362,400 tons annually with more than 39,800 tons of sediment delivered to Contentnea Creek and the Neuse River. Off-site damages to roads, ponds, and aquatic habitat will continue. Costs (repair work, labor, etc.) will increase due to inflation. The Food Security Act of 1985 (FSA) affects 12 percent of the cropland in the watershed (3,737 acres have an erosion index of 8 or greater). Critically eroding acres (2T) make up 31 percent of the cropland (9,960 acres). The Conservation Reserve Program (CRP) has not been as successful as desired. Tillable land requirements for commodity programs prevent many people from participating. In addition, land use restrictions on CRP land (no haying or grazing) deter many landowners from taking advantage of the program. The Food Security Act of 1985 does not address the problem of nutrient degradation of surface and ground water. There are no provisions for animal waste management systems in the FSA regulations. The requirements of the Food Security Act of 1985 will not correct the problems of the watershed alone. Serious water quality and erosion problems will continue, The large percentage of limited resource farmers (LRFs), and their lower than average application of conservation measures, contribute to the serious natural resource problems in the watershed.Financial and managerial constraints of LRFs result in failure to control erosion adequately and maintain the soil productivity.Many farmers are not able to install conservation practices for erosion control without financial assistance. Opportunity exists to improve the quality of life of LRFs by increasing participation rates in USDA conservation program efforts. A watershed project which offers an outreach approach toward these producers will increase the economic resource base of landowners within the watershed. By recommending appropriate conservation practices that maintain soil productivity and reduce the associated annual costs of erosion, these problem can be solved. 12 APRIL, 1995 SCOPE OF THE ENVIRONMENTAL ASSESSMENT r In May, 1994 various federal, state and local agencies were consulted about their specific concerns and asked to provide significant issues and reasonable alternatives to be addressed during planning. The responses provided from the agencies, the public hearing, and subsequent studies and meetings were documented and ranked to determine their significance to decision making. TABLE H - EVALUATION OF IDENTIFIED CONCERNS FOR NAHUNTA SWAMP WATE Economic, Environmental. and Social Concerns Streams/Water Quality Protect/Treat Highly Erodible Cropland Retention of Important Agricultural Land Wetlands Aquatic Habitat Cultural Resources Endangered and Threatened Species Wildlife Habitat .'Ground Water Flood Water and Drainage Human Health and Safety Land Use J Degree of.:Significance to Decision Making High High High High :High Medium Medium Medium Medium LOW Low Low Based on the scoping process, the items of highest significance were improving surface water quality and protacting/treating cropland. Although not mentioned specifically, retention of important agricultural land was assumed to be of high priority because of the concern expressed for protecting cropland. Restoration of wetlands and protection of fish habitat also had a high ranking. Unidentified cultural resources including prehistoric and historic sites could be present within the watershed and may be impacted during construction of the animal waste management systems. The individual sites will not be known until contracts are developed. Site evaluations will be addressed during the detailed planning process according to NRCS policy. Wildlife and land use concerns were mentioned in converting highly erodible cropland to permanent vegetation. Other issues such as ground water were recognized but determined not to be adversely affected by any alternative considered during planning. APRIL, 1995 13 FORMULATION AND COMPARISON OF ALTERNATIVES Formulation-Process Alternatives were developed to reduce erosion and improve water quality. In all cases, each alternative addressed the significant concerns identified by the sponsors, participating agencies and individuals. Each alternative also was designed to pass the tests of completeness, effectiveness, efficiency and acceptability. The four tests are defined as follows: a. Completeness: the extent to which the alternative accounts for all costs and other actions to achieve the planned effects b. Effectiveness: the extent to which the alternative solves the identified problems c. Efficiency: the extent to which the alternative is the most effective means of alleviating the problems d. Acceptability: the workability and availability of the alternative with respect to the NRCS, state and sponsors, and compliance with all applicable federal laws, regulations and policies Three alternatives were developed: The ongoing prograri (future without project conditions), the National Economic Development plan (NED), and the Resource Protection plan (RP). Plan measures were evaluated using the processes and procedures from the "P.L. 566 Land Treatment Evaluation, Conservation Option Procedure" (USDA, NRCS Economic Technical Note No. 612, December, 1987). All practical land treatment practices, both enduring and management practices, were considered for each evaluation unit. Off-site and on-site economic and environmental damages and benefits were determined. The initial data compilation for the project began with a 100 percent inventory of conservation treatment needs for the agricultural lands in the watershed. This inventory was conducted during 1991 by NRCS and District field office personnel. Information from the inventory was sorted and analyzed to determine present conditions and resource needs. The woodland inventory was performed by the U.S. Forest Service with cooperation from local N.C. Forest Service personnel. Information from the woodland report is available at the local SWCD office. In addition to the base data collected in the field, crop budget information for the crops grown in the watershed was obtained from the Agricultural Extension Service in Wayne county. Budgets which reflected local cropping systems and cultural practices were generated using the individual crop budget data from the Agricultural Extension specialists and additional information obtained through interviews with local landowners and operators. 14 APRIL, 1995 The information compiled from the various inventories has been used to identify those evaluation units with similar problems and characteristics which could be treated using a similar system of practices. Ten evaluation units were designated based on soil erosion classes, crops, wetland restoration potential, and recommended treatments (ave.K=.28, T-5 TAY). The evaluation units are: Capability Class II cropland: #1 Cropland eroding between 8-15 TAY in grain crop rotation. #2 Cropland eroding between 8-15 TAY in specialty crop rotation. #3 Cropland eroding between 8-15 TAY in Conservation Tillage Demonstration. Capability Class III+ cropland: #4 Cropland eroding more than 15 TAY in grain crop rotation. #5 Cropland eroding more than 15 TAY in specialty crop rotation. #6 Cropland eroding more than 15 TAY in Conservation Tillage Demonstration. #7 Cropland eroding greater than 15 TAY converted to grass. #8 Cropland eroding greater than 15 TAY converted to trees. #9 Prior-converted wetlands to be restored to wetlands (bottomland hardwoods). Livestock operations: #10 Animal Waste Management Systems. (average 200-sow operation) Evaluation unit numbers 7 and 8 contain those acres that are projected to be converted to permanent vegetation by landowners due to land slope, Phase III soil conditions, or other constraints that remove other conservation practices as practical solutions to the resource problems. Evaluation unit number 9 contains those acres that are projected to be restored to wetlands by the landowners through wetland easements with the local soil and water conservation districts. Future income projections were derived from the budget data and the evaluation units for each alternative considered. A "future without project" 25-year projection was made under the District's ongoing program (Forecasted Conditions). Those measures predicted to be installed by the ongoing program were considered in place. Treatments considered for each evaluation unit were based on Resource Management Systems developed for the Southern Coastal Plain (MLRA 133A) of North Carolina. These Resource Management Systems are described in detail in the Natural Resources Conservation Service Technical Guide, Section III for North Carolina. The systems contain the following individual practices: Conservation Cropping Sequence Conservation Tillage Contour Farming Critical Area Treatment Cropland Conversion Crop Residue Use Water Disposal Systems APRIL, 1995 15 Water Disposal Systems include diversions, field borders, and grassed waterways. These measures control concentrated runoff, eliminate ephemeral gullies and reduce sediment delivered from the field. Installation costs of the individual practices were estimated based on recent records and a projection of the current year cost. The cost efficiency of the various conservation land treatment practices was determined using the Universal Soil Loss Equation and information relating soil erosion phase to crop yield. Crop yield and reduced productivity due to erosion were based on North Carolina Department of Agriculture, agricultural statistics information for Greene and Wayne Counties; soils information; and interviews with staff at North Carolina State University, local Extension agents and farmers within the watershed. Table G lists the average crop yields by erosion phase for the watershed. Based on the erosion phase table and definitions, budget information was developed for different cropping patterns and then used to calculate the net income per acre by evaluation unit over time. The income information was discounted and amortized for "with" and "without" project conditions. The project benefits are the difference. The project benefits reflect only damage reduction benefits. Intensification benefits were deleted from the analysis. The primary purpose in all alternatives was to reduce sediment and nutrient loading in the stream system and maintain long-term productivity on cropland. Water quality benefits were assumed to follow a reduction in erosion rates. Off-site damages were evaluated to assess the environmental and social impacts of each alternative. The results of the analysis are summarized in Tab1_ K. The table is based on per acre calculations for land treatment or the per unit basis on animal waste management systems. Description of Alternative Plans Each alternative was evaluated for cost-effectiveness and for the extent to which the respective alternative solved the identified problems or opportunities. The Alternatives evaluated included: 1. The Ongoing Program (No Action) 2. The National Economic Development Plan (NED) 3. The Resource Protection Plan (RP) The ongoing program was projected to remain at present funding and personnel levels over the life of the project. The NED plan is made up of those practices that return more benefits than their cost (B/C ratio >1:1). The RP plan adds additional practices that may not be as cost-effective as those in the NED plan but are needed to protect the resources in the watershed (soil productivity, water quality, etc.). Alternative No. 1 - The Ongoing Program (No Action) 16 APRIL, 1995 This alternative consists of the ongoing districts, programs using existing resources. Federal programs include the Conservation Operations Program (CO-01) and the Agricultural Conservation Program (ACP). The North Carolina Agriculture Cost Share Program (CSP) provides funds in the counties for improving water quality with Best Management Practices. Due to the workload across the counties, Greene and Wayne Soil and Water Conservation Districts have the technical capability to treat about 1,440 acres of cropland in the watershed over a 6 year period (800 acres per worker- year). Funding for this level of activity is approximately 20% federal and 80% state and local. This would leave 9,952 acres of cropland eroding greater than 8 tons per acre per year. Also at the present time there is limited cost-sharing available for installing Animal Waste Management Systems. Alternative No. 2 - Nation Economic Development Plan (NED) The objective of the NED plan is to accelerate the land treatment program in the most economically efficient manner that will provide protection to the soil resource base and be acceptable to local participants. This alternative will treat 5,200 acres that are eroding at more than 8 tons per acre per year and restore 500 acres of wetlands through permanent conservation easements. Funds will also be provided for installation of 15 Animal Waste Management Systems. The NED plan would require 5 years of accelerated technical planning and application assistance at a cost of $242,930 (8.8 worker-years). Total installation cost would be $1,463,810. Annualized installation cost would be $159,860. Average annual operation and maintenance cost would be $42,900 for a total annualized cost of $202,760. An exception to the NRCS policy concerning incentive payments has beer. granted for the use of incentive payments to support a conservation tillage demonstration project for cotton in the watershed. There will be a limit of 1,000 acres in the project with a limit of 100 acres per cooperator for incentive payments. Other practices will be installed according to the field to be treated, the cost-effectiveness of the system and the future management needs of the landowner/operator. Resource management systems installed will meet Food Security Act requirements. The average annual benefits of the alternative would be $946,060. This is composed of $602,320 from damage reduction benefits through maintaining long-term productivity, $111,980 from concurrent damage reduction benefits (of which $28,560 is from animal waste utilization), and $231,760 from off-site benefits. Net benefits would be $743,300 and the benefit/cost ratio would be 4.7:1. An analysis of on-site benefits from cropland conversion was not required, but average annual costs were included in the overall project benefit/cost ratio. The Food, Agriculture, Conservation, and Trade Act of 1990, Conservation Title, Subtitle E, Chapter 1, Section 1462, amended the Watershed Protection and Flood Prevention Act of 1954 (P.L. 83-566) by inserting, after section 3, language for acquiring wetland and flood plain easements. The provision allows for cost share assistance to project sponsors to perpetuate, restore APRIL, 1995 17 and enhance the natural capabilities of wetlands and flood plains. (National Watersheds Manual, 390-PDM, Circular No. 9, 9/19/91) The North Carolina Department of Transportation (NCDOT) will provide 100% of the funds needed for acquisition of conservation easements and installation of wetland restoration measures. Technical assistance would be provided by the Natural Resources Conservation Service for site evaluation and - development of wetland restoration plans. US Forest Service/NC Division of Forest Resources will assist in tree species selection, planting, and developing wetland forest management plans. A Memorandum of Agreement has been developed between the sponsors and NCDOT and was signed in October, 1994. Alternative No. 3 - Resource Protection Plan (RP) The objective of the RP plan is to improve/protect water quality and reduce erosion to an acceptable level even if some components of the system are not economically justified. The resource management systems that were utilized in this alternative were the same as in the NED plan with the addition of Evaluation Unit #1 (cropland eroding between 8-15 TAY in grain crop rotation) and Evaluation Unit #7 (cropland conversion to grass). The use of diversions and grassed waterways on low value grain cropland and conversion of cropland to grass did not provide sufficient benefits to cover the costs of the rescurce management system (including technical assistance) for a B/C ratio of 0.9:1. This alternative will treat 7,000 acres that are eroding at more than 8 tons per acre per year and restore 500 acres to wetlands through permanent conservation easements. Funds will also be provided for installation of 15 Animal Waste Management Systems. The 5 years of accelerated technical planning and application assistance would cost $323,660, (11.8 worker-years). Total installation cost would be $1,696,020. Annualized installation cost would be $189,180. Average annual operation and maintenance cost would be $47,960 for a total annualized cost of $237,140. The average annual benefits of the alternative would be $977,220. This is composed of $613,510 from damage reduction benefits through maintaining long-term productivity, $115,050 from concurrent damage reduction benefits, of which $28,560 is from animal waste utilization, and $248,660 from off-site benefits. Net benefits would be $740,080 and the benefit/cost ratio would be 4.1:1. An analysis of on-site benefits from cropland conversion was not required, but average annual costs were included in the overall project benefit/cost ratio. Effects of Alternative Plans Table H shows the economic, environmental and social fac`ors that were , significant to decision making in the formation of the alternatives. The 70 percent participation rate was determined through reviews of past involvement in the Agricultural Conservation Program (ACP), interview data, and field office recommendations, and by using the processes and procedures from the 18 APRIL, 1995 "Guide for Estimating Participation in Conservation Operations and Watershed Protection Projects" (USDA, NRCS South Technical Service Center Technical Note, Series no. 1801 (revised), February 3, 1989). Participation was predicted based on availability of financial and technical assistance needed to meet the planned installation and the influence of the Food Security Act of 1985. Where the National Economic Development Plan (NED) and the Resource Protection Plan (RP) have similar effects on items of concern, their general descriptions have been combined. Streams/Water Quality/Aquatic Habitat Future Without Project - The Food Security Act of 1985 will not provide the protection needed for Nahunta Swamp watershed. Although critically eroding acres (>2T) Make up 25 percent of the cropland (7,780 acres), compliance provisions of the Food Security Act of 1985 applies to only 12 percent of the cropland in the watershed (3,737 acres). There are some local operators that are not affected by the Farm Bill requirements because their fields may have less than 1/3 highly erodible land designated and are not required to treat those fields. Also, the Farm Bill has no provisions for controlling animal waste. Sediment and nutrients will continue to impact water quality in the watershed. National Economic Development Plan (NED) - Erosion will be controlled on 5,500 acres of cropland that are eroding at more than 8 tons per acre per year. There will be 960 acres of permanent vegetation established (210 acres of Water Disposal Systems, 250 acres of cropland conversion to trees, and 500 acres of restored wetlands). This will improve water quality by filtering sediment and nutrients from runoff. Off-site benefits include improved water quality for aquatic habitat and increased recreational opportunity. Regional benefits include reducing nitrogen and phosphorus loading in the watershed. Installation of the NED plan would decrease the sediment delivered to the stream system by 14,000 tons per year. Animal waste nutrients properly utilized as a result of this project include 492,750 lbs of nitrogen and 143,720 lbs of phosphorus. Water quality in Nahunta Swamp is expected to improve. Resource Protection Plan (RP) - Erosion will be controlled on 7,000 acres of cropland that are eroding at more than 8 tons per acre per year. There will be 1,800 acres of permanent vegetation established (300 acres of Water Disposal Systems, 750 acres of cropland conversion to grass, 250 acres of cropland conversion to trees, and 500 acres of restored wetlands). This will improve water quality by filtering sediment and nutrients from runoff. Off-site benefits include improved water quality for aquatic habitat and APRIL, 1995 19 increased recreational opportunity. Regional benefits include reducing nitrogen and phosphorus loading in the watershed. Installation of.the RP plan would decrease the sediment delivered to the stream system by 15,900 tons per year. Animal waste nutrients properly utilized include 492,750 lbs of nitrogen and 143,720 lbs of phosphorus. Water quality in Nahunta Swamp is expected to improve. Wetlands/Wildlife Habitat/Endangered & Threatened Species Future Without Project - There will be no improvements in the amount or quality of wetlands or wildlife habitat. There are no endangered or threatened species in the watershed. National Economic Development Plan (NED)- There will be 1,710 acres of permanent vegetation established (210 acres of Water Disposal Systems, 250 acres of cropland conversion to trees, and 500 acres of restored wetlands). This will provide additional wildlife habitat within the watershed and will improve water quality by filtering sediment and nutrients from runoff. There will also be 15 animal waste management systems installed. Regional benefits include reducing nitrogen and phosphorus loading in the watershed. Resource Protection Plan (RP) - Thera will be 1,800 acres of permanent vegetation established (300 acres of Water Disposal Systems, 750 acres of cropland conversion to grass, 250 acres of cropland conversion to trees, and 500 acres of restored wetlands). This will provide additional wildlife habitat within the watershed and will improve water quality by filtering sediment and nutrients from runoff. There will also be 15 animal waste management systems installed. Regional benefits include reducing nitrogen and phosphorus loading in the watershed. Protecting Cropland/Reducing Cropland Erosion Future Without Project - The Districts' programs do not have the technical and financial assistance to prevent a decline in soil productivity at present erosion rates. The change in erosion phase without an accelerated program will cause a reduction of crop yields of 25 percent due to sheet and rill erosion. Although critically eroding acres (>2T) make up 25 percent of the cropland (7,780 acres), compliance provisions of the Food Security Act applies to only 12 percent of the cropland in the watershed (3,737 20 APRIL, 1995 acres). There are some local operators that are not affected by the FSA requirements because their fields may have less then 1/3 highly erodible land designated and are not required to treat those fields. The FSA will not correct the problems of the watershed by itself. Serious erosion control problems will continue. National Economic Development Plan (NED) - The installation of the NED plan will treat 5,500 acres that are eroding at more than 8 tons per acre per year. This will decrease the annual gross erosion in the watershed by 127,700 tons per year. This alternative will not reduce the erosion rate on grain cropland eroding between 8 and 15 tons per acre per year. This will allow 3,652 acres to continue to erode at an excessive rate. Resource Protection Plan (RP) - The installation of the RP plan will treat 7,000 acres that are eroding at more than 8 tons per acre per year. This will decrease the annual gross erosion.in the watershed by 144,300 tons per year. Cultural Resources/Ground Water/Other Issues Future Without Project - No other items would be impacted. National Economic Development Plan (NED)/Resource Protection Plan (RP) - Unidentified cultural resources including prehistoric and historic sites are present within the watershed and may be impacted during construction of the animal waste management systems. The individual sites will not be known until contracts are made. Site evaluations will be addressed during the detailed planning process according to NRCS policy. Ground water was recognized as a concern but determined not to be adversely affected by any alternative considered during planning. Employment opportunities are expected to increase due to more efficient farm operations through participation in this program. Along with installing enduring practices, the adoption of management practices will improve farming operations and increase net farm income. Participation of Limited Resource Farmers in USDA programs is expected to increase due to additional technical and financial assistance and an outreach program which will be initiated for the Limited Resource Farmers within the watershed. APRIL, 1995 21 Comparison of the Alternative Plans Installation of either alternative should compliment any of the existing or expected federal or non-federal projects in the watershed. Greene and Wayne Counties receive cost-share funds for conservation measures under the federal ACP program and the North Carolina Agriculture Cost Share Program. The National Economic Development plan (NED) provides for 1,000 acres of conservation tillage for cotton, 210 acres of water disposal systems, 250 acres of cropland conversion, 500 acres of restored wetlands, and 15 animal waste management systems. This will maintain on-site productivity on 3,490 acres of cropland with an additional 960 acres removed from row crop production. This will reduce sediment delivered to Contentnea Creek and the Neuse River by 15,800 tons annually, improving water quality in Contentnea Creek and the Neuse River. Total cost of the NED plan is $1,787,470 with the PL-566 share of $824,740. Calculating on-site benefits from cropland conversion is not required, but the costs are included, resulting in an overall benefit/cost ratio for the NED plan of 4.7:1. The added increment for the RP plan involves 700 acres of grain cropland eroding between 8 and 15 ton/acre/year and 750 acres of cropland conversion to grass. An additional 90 acres of water disposal systems will be installed. The estimated cost-share increase is $233,490. This would reduce sediment delivered to Contentnea Creek and the Neuse River by 15,800 tons annually, improving water quality in Contentnea Creek and the Neuse River. The added increment sacrifices $3,220 in net annual economic benefits to obtain these benefits. Total for the RP plan is $2,019,680 with the PL-566 share at $1,064,480. Calculating on-site benefits from cropland conversion is not required, but the costs are included, resulting in an overall benefit/cost ratio for the RP plan of 4.1:1. All candidate plans provide benefits to the watershed by decreasing the number of acres eroding at excessive rates. The NED and RP plans are the same except for evaluation units #1 and #7. Here, treating grain cropland eroding between 8 and 15 tons per acre per year and cropland conversion to grass had an on-site benefit/cost ratio of 0.9:1. These evaluation units were included in the RP plan. Risk and Uncertainty The evaluation of the alternative plans was based on projected future conditions in the watershed. No significant change from the present agricultural orientation of the watershed was expected through 2020. The watershed is reasonably close to urban areas, which makes vegetable production profitable. The risk and uncertainty related to changes in technology or government programs are inherent in any evaluation, but all known changes were considered during planning. The program is voluntary but all known or perceived constraints were included in the evaluations, and the selected alternative is projected to be acceptable to all parties. 22 APRIL, 1995 The Conservation Reserve Program (CRP) could receive many critically eroding acres, but limits on landuse in CRP may restrict participation by some landowners within the watershed. Cropland conversion is a necessary part of the PL-566 watershed plan. Rationale for Plan Selection The sponsors selected the Resource Protection plan (RP), Alternative 3, y because it was cost-effective.and was an acceptable response to identified watershed problems. The RP plan does not maximize net economic benefits. This decision by the Sponsors requires an exception as stated in the National Watershed Manual (NWSM), as amended (December, 1985). Section 504.05 of the NWSM provides for the granting of an exception to the NED plan by the Responsible Federal Official (RFO). For this project, the RFO is the State Conservationist, Natural Resources Conservation Service, USDA, Raleigh, North Carolina. By addressing the problem of moderate erosion on low value grain cropland, the RP plan is a more effective response to sediment and nutrient loading problems that impact stream and water quality and fish habitat. The project will offer technical (11.8 worker-years) and financial assistance ($767,070--) to the landowners/operators for treating 7,500 acres cf cropland and installing 15 animal waste management systems. Off-site benefits include reducing sedimentation in ditches along 144 miles of public roads. Wildlife, especially small game, will benefit from the increased vegetative cover and food made available with crop residue on 5,700 acres of cropland and permanent vegetation on 1,800 acres. Fishery resources will benefit due to the decrease in sediment and nutrients delivered to ponds and streams. The treatment measures will maintain on-site productivity for 5,700 acres threatened by sheet and rill erosion and ephemeral gullying with 1,800 acres to be removed from row crop production. APRIL, 1995 23 CONSULTATION AND PUBLIC PARTICIPATION The Greene and Wayne Soil and Water Conservation Districts have recognized water quality problems in Nahunta Swamp Watershed as major concerns based on contacts with local landowners and the work load in the field offices. The Districts requested assistance in controlling soil erosion and managing animal waste to protect water quality in the streams and maintain the soil base. In late 1989, the Greene and Wayne Soil and Water Conservation Districts consulted with the Natural Resources Conservation Service and their local district staffs. After reviewing the threat to water quality in the watershed and the severity of the erosion problem, the Districts met on February 6 and 8, 1990 to discuss participation in a PL-566 watershed protection project. On February 27, 1990 a public meeting was held in Goldsboro, North Carolina to determine local interest in the problem and support for a project. The response encouraged the Districts to continue with the application process. An application for federal. assistance was filed on March 1, 1990. The North Carolina State Clearinghouse was notified on April 20, 1990. The response to date has been from the North Carolina Wildlife Resources Commission. There were no objections to the project. Alternatives have been developed through meetings with local Extension Service, Natural Resources Conservation Service, and District personnel. Preliminary work has been based on local conditions and locally acceptable conservation practices. Scoping has continue and the results of those contacts were used to direct the planning efforts. The Districts are fully aware of the inter- disciplinary approach to planning. There is local support for the project and participation is expected to continue at a high level through installation. Various federal, state, and local agencies were provided Preauthorization Reports in May, 1994 and input was requested on significant issues and reasonable alternatives to be addressed during the planning process. Those agencies were: N.C. Department of Cultural Resources - Division of Archives & History N.C. Department of Environment, Health, & Natural Resources Division of Environmental Management Division of Forest Resources Division of Land Resources } Division of Water Resources Division of Parks & Recreation - National Heritage Program N.C. Wildlife Commission * U.S. Agricultural Stabilization and Conservation Service U.S. Army Corps of Engineers * U.S. Environmental Protection Agency 24 APRIL, 1995 U.S. Fish and Wildlife Service U.S. Forest Service Some agencies had provide scoping responses during preparation of the preauthorization report. Those agencies that have provided comments are noted with an asterisk (*). Responses from the agencies, the public hearing, and subsequent studies and meetings were documented and ranked to determine their significance to i decision making for Nahunta Swamp Watershed (Table H). The North Carolina Department of Cultural Resources, Division of Archives and History requested the exact location of the animal waste sites within Greene and Wayne Counties before they could complete their review. The Division of Environmental Management supports the implementation of erosion control best management practices (BMP's) and animal waste management systems to protect water quality. The Division of Water Resources is concerned with sediment and nutrients in the Neuse River Basin and see the project as beneficial in reducing the eutrophication. They believe this plan should help alleviate those problems to a great extent. The N.C. Wildlife Commission anticipate significant benefits to fish and wildlife resources. They recommend the use of vegetation beneficial to wildlife where possible in erosion control and cropland conversion. The U.S. Army Corps of Engineers stated that the land treatment work included in the report would not have any effect on the 100-year flood plain or the floodway. Also normal farming practices do not come under their jurisdiction. The Corps also stated that the wetland restoration work would require a "404" permit. They will work with the local sponsors in restoring the wetlands. Projection of future conditions was made through interviews with local landowners/operators and representatives of local agriculturally related agencies and businesses. No significant changes in land use or means of subsistence were expected through 2020. These interviews were also used to evaluate participation within the watershed and determine acceptability of various conservation practices, current farming practices, local costs, and any constraints. Throughout the planning and assessment stages, assistance was solicited from the North Carolina Agricultural Extension Service. The draft watershed plan and environmental assessment was reviewed by the Natural Resources Conservation Service state staff specialists with responsibilities for engineering, soils, agronomy, biology, forestry and geology. A similar review was provided by Forest Service personnel. Meetings were held with the Greene and Wayne Soil and Water Conservation District supervisors (sponsors) on October 4 and 11, 1994, respectively. The supervisors voted to select alternative 3 (RP) for installation. APRIL, 1995 25 On February 2, 1995, a "Finding of No Significant Impact" (FONSI) was published in the Federal Register (Vol.60, No.22). The FONSI was a document that accompanied the Environmental Assessment and contained a brief presentation of why the proposed project action would have no significant effect on the human environment and that no environmental impact statement was to be prepared. Copies of the draft Watershed Plan and Environmental Assessment, the FONSI and a request for comments were distributed to the following federal and state agencies: L North Carolina Cooperative Extension Service North Carolina Department of Administration (State Clearing House) North Carolina Department of Cultural Resources Division of Archives and History North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management Division of Forest Resources Division of Land Resources Division of Water Resources North Carolina Wildlife Resources Commission U.S. Department of Agriculture Agricultural Stabilization and Conservation Service U.S. Department of the Army (Corps of Engineers) U.S. Department of the Interior (Fish and Wildlife Service) U.S. Environmental Protection Agency Comments were received from the following agencies and groups: North Carolina Cooperative Extension Service North Carolina Department of Cultural Resources Division of Archives and History North Carolina Wildlife Resources Commission U.S. Department of the Army (Corps of Engineers) U.S. Environmental Protection Agency A summary of comments received with the appropriate responses are listed below: NC COOPERATIVE EXTENSION SERVICE General Comments: "... everyone felt the project was noteworthy and supported the request for funding." Response: No response necessary. Comment 1: "There appears to be a lack of initial assessment, monitoring, evaluation or final impact in the proposal. If the project is successful, how will you know?" 26 APRIL, 1995 1 Response: "Watershed Problems and Opportunities" on pages 8 to 12 gives the initial assessment and evaluation of the problems in the watershed. Detailed monitoring was not available. Water quality information was developed from the best available sources (DEM's water quality assessments, erosion rates, concentration of animal operations, etc.). The anticipated results are documented in "Formulation and Comparison of Alternatives" on pages 14 to 22. Participation in the project by landowners is voluntary. Success of the project will be measured by the number/percentage of landowners assisted, the number/percentage of acres treated, and the number/percentage of animal waste management systems installed. Installation of the Best Management Practices will result in improved water quality. Comment 2: "How does this project differ from 319 NPS projects?" Response: PL-566 projects are funded through the Natural Resource Conservation Service (NRCS - formerly the Soil Conservation Service). Eligible purposes include watershed protection, flood prevention, agricultural water management, nonagricultural water management, groundwater recharge, water quality management, and municipal and industrial water supply. The 319 NPS projects are funded through the US Environmental Protection Agency for specific water quality objectives. Comment 3: "Suggestion to alter the riparian restoration efforts to include 100% of the stream length in the targeted area, not just the 500 acres." Response: The 500 acres included in the project is considered to be a practical goal for this voluntary program. This is the first time, to our knowledge, that an effort like this has been made. The sponsors hope that this will eventually lead to similar wetland restoration efforts in other watersheds across the state. Comment 4: "There does not appears (sic) to be any educational objectives to inform area citizens of project intent, informational updates or final results." Response: Initial public contact and ongoing information efforts are included in the "Consultation and Public Participation" on pages 23 and 24. Because this is a voluntary program, the success of the project will depend on the sponsor's information and education efforts. The sponsors will continue to cooperate with the NRCS and the local Cooperative Extension Service (CES) office to reach all landowners in the watershed and the surrounding area. Comment 5: "In an environment of governmental cooperation (i.e. Capacity Building) is there a reason Cooperative Extension was not or should not be involved in this project? There does appear to be several APRIL, 1995 27 roles Extension could play in this project (i.e. no-till cotton production demonstrations, educational roles, and citizen field day programs)." Response: The expertise and input of the local CES office has been a part of this project since its inception ("Consultation and Public Participation", page 23 and 24). The local CES director's recommendation for the cotton conservation tillage demonstration project was crucial to its acceptance by the NRCS national office. The close working relationship between the sponsors and their local CES offices is L necessary to ensure the success of this project. ql Comment 6: "Are these funds particularly targeted for accelerated adoption of legislated BMPs or should they go beyond what is required by .0200 regulations and conservation compliance etc.?" Response: This project will address locally identified problems (accelerated soil erosion and water quality impacts). These funds are not specifically targeted to meet either the requirements of the Division of Environmental Management's .0200 regulations or the conservation compliance provisions of the Food Security Act. However, this project is a tool that the local sponsors can utilize to assist landowners in meeting erosion control/water quality obligations. NC DEPARTMENT OF CULTURAL RESOURCES (DIVISION OF ARCHIVES AND HISTORY) Comment 1: "... We request additional information be sent to us when the sites are chosen so we can determine if any historic farms will be affected. If any of the selected farms have a majority of buildings over fifty years old, please send a county map showing the location of these farms. We will continue our review at that time." Response: Due to the voluntary nature of this project, it is impossible to identify individual farms that will be participating at this time. The District Conservationists assigned by the Natural Resources Conservation Service (NRCS) to the Greene and Wayne Soil and Water Conservation Districts have attended Cultural 'Resources Training Sessions (1992 and 1994). They will evaluate each site for potential historic and cultural resources as individual plans are developed. The State Historic Preservation Officer will be contacted if any potential historic or cultural resources are identified or are suspected of being present. Comment 2: "... Contrary to the statement on page 35 that there will be no effect on historic and cultural resources, each project will need review to determine any potential effect." 28 APRIL, 1995 Response: It is the goal of the sponsors that there will be no effect on historic and cultural resources. If the potential for historic and/or cultural resources is indicated during development of the individual plan or installation of the planned measure, the NRCS and District staff will follow NRCS policy regarding cultural resources. NC WILDLIFE RESOURCES COMMISSION Comment 1: "This project should reduce the amount of silt and sedimentation and nutrients entering streams within the watershed improving water quality and benefiting aquatic resources within the area. Also, increased vegetative cover resulting from the conservation measures should enhance wildlife habitat and especially benefit small game species." Response: No response necessary. Comment 2: "Although we acknowledge the positive benefits resulting from the-restoration of wetland areas, we are concerned about using these areas for mitigation banking purposes for NC Department of Transportation projects. Along with the U.S. Army Corps of Engineers, we would like to be included in the development process for the mitigation banking plan. Also, we recommend that this mitigation bank only be used for restoration credits for the loss of wetlands resulting from projects located within the Nahunta Swamp Watershed and not for areas outside this region.." Response: Any mitigation banking plan will be developed between the NC Department of Transportation and the US Army Corp of Engineers (COE) with input from the US Fish and Wildlife Service, NC Wildlife Resources Commission, and other interested agencies. The mitigation banking plan is not a part of the PL-566 project. Comment 3: "Another area of concern relates to the allowance of timber harvesting within restored wetland areas. Although Best Management Practices for forested wetlands will be used, we feel that these areas should not be included within the mitigation banking plan and only areas with a permanent conservation easement be included." Response: Timber production is recognized as a wetland value. Selective harvesting of mature hardwoods allows for regeneration of ground level forbs and shrubs that improve the available wildlife habitat. Selective harvesting can also avoid den trees or unique species that may have become established. When harvesting is done in a manner that also protects other wetland values (wildlife habitat, filtration of nutrients and sediments, floodwater storage, etc.), it is APRIL, 1995 29 consistent with the intent of the permanent conservation easement. Comment 5: "Also, we would like (to) recognize the importance of such conservation plans for this watershed and recommend that similar measures be undertaken in other areas." Response: There are a number of PL-566 watershed protection projects across the state. NRCS and the NC Division of Soil and Water Conservation work with local sponsors to develop such projects. The PL- 566 program is annually funded and measures can be installed only to the extent funds area available. Other agencies or groups may provide financial assistance to install needed conservation measures. US ARMY CORPS OF ENGINEERS Comment 1 - Flood Plains: "If any activities or planned improvements will hydraulically affect these streams in Wayne County, we suggest that you coordinate with that county for compliance with their flood plain ordinance. In addition, if any fill is planned within the designated floodways in Wayne County, a certification will be required indicating that there will be no increase in the 100-year natural water surface elevation." Response: At this time, there are no activities planned for the flood plain except for wetland restoration measures. There should be no effect on the 100-year natural water surface elevation. Comment 2 - Waters and Wetlands: "Review of the DRAFT document revealed that all work is proposed to be undertaken within existing cultivated cropland. Please be advised that any work proposed within waters or wooded areas should be inspected by our regulatory Branch for a determination of Federal jurisdiction and DA permitting authority." Response: No response necessary. Comment 3 - Waters and Wetlands: "Implementation of this watershed project in no way obligates the Corps of Engineers to accept any of this work as mitigation for North Carolina Department of Transportation projects or any other project requiring DA permit authorization." ` Response: It is understood that the wetlands that will be restored through this project will not obligate the US Army Corps of Engineers to any future action with the NC Department of Transportation (NCDOT). The development of any mitigation banking plan for NCDOT is beyond the scope of this PL-566 project. 30 APRIL, 1995 r R ? CC C y a• 0 c W' Q 4E ?G 'C q 4ao E U 0 r - M rA 4. ? 4 >4 k' Al 0 - 3 3 z ? J 0 W 4, z `z r-I ••-I W a 4•+,x W, of alxa 14 z.01% M' A E m r . U . d •ri r? b 4J m H l O O O O O o C 0 o O If O 00 rf 10 0% N t0 V O t0 O o II N t0 co 0 N N rn to %0 co O O O to 11 o to to v-4 V t0 V-t ?T to to t0 t0 r- to r` II to ' M 0t . o to OD v v N N r-4 N In II ot. N 1--i i4 v yr vt .•4 t? r-t yr in ra II to m o owl v} v? v} U v} ? E 11 92 H O a ft co to to O N O, t- I1 tn'- 1n O -0 1- oo .-t to 0% co .-t ° co, II 0% : N ? to ..: en co to co O n to to o If,ao to to`, v} N , r? 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U a ru OD 04 OD m '0 0 04 m O m m m m m r. 0 0 0 4J 0 4 >~ 4-) > > > 5 0 1 0 5 14 5 (D 0 0 0 N of m 0 C R a m' 4-) J-I .-I O U 0 0 O :-I 0 U 0 0 m 0 O O 4-) 03 m E4 -1 04 1•r 14 14 ¢ 3.t_ N w U U U m m •r•I z 0 O 4-1 >i 44 E 44 0 O+ p+ co E G+ 0 L4 m Ea W D 34 4-) U k, 4-) U T! TI b. 3 H m U U Cn -4 IT bt U 0) r-I Ot Ct r. I~ 0 a W E+ 0 0 0 0 0 0 0 0 I~ 12 ttl b b r4 10 h 4 O 0 rI •ri -11 ' O •11 f7 -H ' -H -H 0 •rI ) .-1 r-A r1 ^ 9 0 0 .-I O 0 a r? 4-) r, too U 0 m 0 4.) v +) O -H 0 Cl 0 U V m 0 V 4- "+J 0 a 0 a 0 0 -q t-a U P4 14 sa 04 14 0 M P P 04 1a 0 1.t W w w fy e H '? C7 m W m U m U m ?? U m U U U ?i r f. 1? Q r-I z o 4 . U E-4 > e 1 N M v to t0 I? co 01 r-I 0 m C t? W #1: -M ft: ## :m #h =w -M E-4 E•+ H Ot Ot w m U 0 O m> s? g W 4-) 0 m M $4 w '0 3 r. 0 w 0 0 0 v i•t 40 .-I o ri 4J V 01 " m 44 ? p b+ •r1 •? c 4L) 4.) 0 S4 ,' 0 m 04 N m 0 0 b $4 P 0 E 44 0 m •? 0 , 0 a Of to, qw to a, U !~ U m 0z m to 04 l (1) 14 U m -1 -H 10 0 wwH r? N m . Table 4 - Estimated Average 'Annual Resource Protection Costs Project, utlayw Amortization of Operation,, Evaluation unit installation maintenance, and cost 2/ replacement cost Total #1 Grain Cropland . eroding from 8 to 15 TAY $15,100 $5,060 $20,160 #2 Specialty'Cropland- eroding from 8 to 15 TAY $50,860 $21,960 $72,820 #3 Cotton CT Demonstration eroding from 8 to 15 TAY $8,420 $4,050 $12,470 #4 Grain Cropland eroding greater than 15 TAY' $5,580 $2,170 $7,750 #5 specialty Cropland eroding greater than 15 TAY $17',900 $6,940, $24,840 #6 Cotton CT Demonstration eroding greater than 15 TAY $3,580 $1,280 $4',860 #7 Cropland conversion to grass $14,220 $0 $1`4,220 #8 Cropland conversion to trees $2,180 $0 $2,180 #9` Cropland conversion to wetlands $54,900 $500 $55,400 -110 Animal Waste Mana ement Systems, - $16,440, $6,000 $22,446. Grand Total $189,°180 $47,960 $237 140 December 1994- 1/ Price, base 1994, amortized over 25 `years at a discount rate of 8-percent. 2/ Includes Technical' Assistance 32 December 1994 1/' Price Base: 1994 and 5-year average agricultural commodity prices. 2/ 'Crop stand damage reduction includes 'Now-Time,' benefits from improved utilization of seed, fertilizer, and herbicide onecropland acreage and the net nutrient value.,from utliization of the animal` waste.;' 3/ Annual Offsite/Public benefits were distributed on a soil erosion reduction Per acre basis in absence ofdetailed geological determination- of cropland evaluation units, while improved water quality resulting from"the animal waste management systems and cropland conversion"to-grass,,trees and wetlands`"were distributed using a regional benefit model. Conversion to grass, trees and wetlands includes annual wildlife habitat' benefits of`$5.63/acre. Conversion to wetlands through easement acquisition for mitigation "of unavoidable losses are assumed to return benefits equal to the'cost of acquisition-plus restoration I measures paid by the NCDOT. 4/ From Table 4 5/ Onsite economic analysis of conversion to grass, trees'or wetlandswas not required; however' offsite-benefits from wildlife habitat and `water !quality were estimated. N/A - not applicable 34 Agriculture-re lated,DAMAge eduction Total Total Damage Maintaining Crop stand Offsite/ Average Average Reductio Accatlerated Land '.Treatment Long-term Damage Public Annual Annual B/C Evaluation Units' Productivity Reduction 2/ Benefits' 3/ Benefits costs 4/ Ratio #1 Grain cropland - 1 8 to 15 T/A/Y $11,190 $3;070 $4,370 $18,630 $20,1G0 0.9 :1 #2 Specialty Cropland 8 to 15 T/A/Y $327,510 $49,920 $20,000 $397,430 $72,820 5.5 :1 #3 Cotton CT Demonstration. 8 to 15 T/A/Y $81,880 $12,480 $5,320 $99,680 $12,470 8.0 :1 #4 'Grain cropland > 15 T/A/Y $11,520 $1;320 $2,940 $15,780 $7,750 2.0 :1 #5 Specialty cropland > 15 T/A/Y $145,160 $15,760 $10,000 $170,920 $24,840 6.9 :1 16 Cotton CT Demonstration > 15 T/A/Y $36,250 $3,940 $2,700 $42,890 $4,860 8.8 :1 17 Conversion to Grass /5 N/A N/A $12,530 $12,530 $14,2201 0.9 :1 #8 Conversion to Trees N/A N/A $4,180 $4,180 $2,180 1.9 :1 #9 Conversion to Wetlands N/A N/A $63,750 $63,750 $55,400 1.2 :1 W t t. Systems ,#10 Animal N/A $28,560, 122870 $151,430 $22,440, 6.7 :1 TOTALS 613 510 $115,6501 248:660 977 220 $237,140 . 4.1::1 RECOMMENDED PLAN Purpose and Summary Alternative 3 (RP) was chosen because it addresses the long-.range goals of the Greene and Wayne Soil and Water Conservation Districts. It provides protection for 7,000 acres of cropland, restores 500 acres of wetlands, installs 15 animal waste management systems, and is acceptable to potential participants. Approximately 74 percent of the major identified problems will be treated with the combined recommended plan and the ongoing district programs. Expected results include improved water quality and improved aquatic and wildlife habitat in the watershed. The project will be implemented under the authority of the Watershed Protection and Flood Prevention Act (PL-566, 83rd Congress), as amended. The sponsors will be the Greene and Wayne Soil and Water Conservation Districts. The recommended plan will be implemented by contacting landowners and operators with cropland eroding at greater than 8 tons per acre per year. A plan/schedule of operations will be the basis for long-term contracts (see Installation and Financing). The land treatment systems will be installed according to the NRCS Technical Guide. Measures to be Installed T:e recommended plan is for an accelerated technical and financial assistance program. Public Law-566 technical assistance will accelerate planning and installation of the land treatment systems. Federal funds ($767,070) in the form of cost-share payments will accelerate the treatment of 7,000 acres of cropland and install 15 animal waste management systems. NCDOT will provide $551,250 for conservation easements and wetlands restoration on 500 acres of prior converted wetlands. The systems to be applied include: 1. Resource Management Systems using conservation tillage and water disposal systems, with other cultural management practices including contour farming, crop rotations, crop residue management, and winter cover crops. 2. Resource Management Systems using water disposal systems, with other cultural management practices including contour farming, crop rotations, crop residue management, and winter cover crops. 3. Cropland conversion to permanent vegetation (grass, trees, and wetland restoration). 4. Animal Waste Management Systems Conservation practices to be cost-shared include: Conservation Tillage (1,000 acres) Conversion to Grass (750 acres) Diversions (50 acres) Conversion to Trees (750 acres) GWW/FB (250 acres) Animal Waste Management Systems (15 units) APRIL, 1995 35 Cropland conversion to permanent vegetative cover (grass or trees) will be considered for fields or parts of fields as determined and recommended by the local technical staff. These areas designated to be converted to permanent vegetative cover may be eligible for the Conservation Reserve Program (CRP). Landowner constraints dictate that funds for cropland conversion to permanent vegetative cover be provided without the CRP restrictions. Under the PL-566 program, 6 percent of the cropland is expected to be converted to permanent vegetation. Conservation practices will be installed according to land treatment " needs of the fields, the cost-effectiveness of the system and the future management needs of the landowner/operator as documented in the plan/schedule of operations. The program is strictly voluntary and alternative practices which provide equal or greater benefits can be installed, but the cost-share amount is limited to the amount per acre shown in the watershed agreement. The ongoing program (CO-01, ACP, N.C. Agriculture Cost-Share Program) is scheduled to treat 1,440 acres of eroding cropland over the next 6 years. The accelerated PL-566 program will treat 70 percent of the remaining acres of cropland eroding greater than 8 tons per acre per year. Permits and Compliance During the planning process, the Natural Resources Conservation Service field office personnel are responsible for determining whether any earth- disturbing activity will occur as part of an LTC. When earth-disturbing activity is included as part of an LTC, the District Conservationist will follow NRCS policy. The North Carolina State Historic Preservation. Officer address is: State Historic Preservation Officer N. C. Department of Cultural Resources Division of Archives and History 109 East Jones Street Raleigh, North Carolina 27611 According to the Natural Heritage Program administered by the Division of Parks and Recreation (NCDEHNR), there are no federally listed endangered or threatened species in the watershed. The recommended plan will apply conservation practices to cultivated cropland and provide for construction of animal waste management facilities. None of these measures should adversely affect any species of concern and should improve habitat for fish and wildlife in the watershed. The wetland reestablishment will be done on existing cropland and will not require a "404" permit. 36 APRIL, 1995 TABLE J - EFFECTS ON RESOURCES OF NATIONAL RECOGNITION Types of Resource Principal Sources of Measure of Effects National Recognition Air Quality Clean Air Act, as amended, (42 USC 7401, et seq.) No effect. Areas of Particular rt Concern within the Coastal Zone Endangered and Threatened Species Critical Habitat Fish and Wildlife Habitat Flood plains Historic & cultural properties Prise & unique farmland Water quality Coastal Zone Management Act of 1972, as amended, (16 USC 1451, et.seq.) Endangered Species Act of 1973, as amended, (16 USC 1531, et seq.) Fish and Wildlife Coordination Act, (16 USC 661, et seZ . ) Executive Order 11988, Floodplain Management National Historic Preservation act of 1966, as amended, (15 USC 470, ec sec.) CEQ Memorandum of August 1, 1980: Analysis of Impacts on Prime or Unique Agricultural lands in Implementing the National Environmental Policy Act, Farmland Protection Policy Act of 1981 Clean Water Act of 1977, (33 USC 1251, et seq.) Wetlands Executive Order 11990, Protection of Wetlands; Clean Water Act of 1977, (33 USC 1251 et seq.); Food Security Act of 1985 Wild & scenic rivers Wild and Scenic Rivers Act, (16 USC 1271, et seq.) Project is not in the Coastal Zone. Not present in planning area. 1,500 acres of cropland converted to permanent vegetation 500 acres of wetlands restored in the flood plain. No Effect. 4,275 acres of Prime and Important farmland protected. Long term benefits from reduced farm impacts. 500 acres of wetlands (bottomland hardwoods) restored. Not Applicable. APRIL, 1995 37 TABLE K - COMPLIANCE WITH WRC-DESIGNATED ENVIRONMENTAL STATUTES NAHUNTA SWAMP WATERSHED Federal Policies Compliancelo Archaeological and Historic Preservation Act, 16 USC 469, et seq Full Compliance Clean Air Act, as amended, 42 USC 1857h-7, et seq Full Compliance Clean Water Act (Federal Water Pollution Control Act), 33 USC 1251, et seq Full Compliance Coastal Zone Management Act, as amended, 16 USC 1451, et seq Not Applicable Endangered Species Act, as amended, 16 USC 1531, et seq Full Compliance Estuary Protection Act, 16 USC 1221, et seq Not Applicable Federal Water Project Recreation Act, 16 USC 460-1(12), et seq Full Compliance Fish and Wildlife Coordination Act, 16 USC 661, et seq Full Compliance Land and Water Conservation Fund Act, 16 USC 450/-460/-11, et seq Not Applicable 'iarine Protection, Research, and Sanctuary Act, 33 USC 1401, et seq Not Applicable National Environmental Policy Act, 42 USC 4321, et seq Full Compliance National Historic Preservation Act, 15 USC 403, et seq Full Compliance Rivers and Harbors Act, 33 USC 403, et seq Not Applicable Watershed Protection and Flood Prevention Act, 16 USC 1001, et seq Full Compliance Wild and Scenic Rivers Act, 16 USC 1271, et seq. Not Applicable loFull Compliance - Having met all requirements of the statute for the current stage of planning. Partial Compliance - Not having met some of the requirements that normally are met in the current stage of planning. Non-Compliance - Violation of a requirement of the statute. Not Applicable - No requirements for the statue require compliance for the current stage of planning. w M R 38 APRIL, 1995 The project as planned, is consistent with the findings of past studies and with the policies of NCDEHNR. The PL-566 program will allow the Greene and Wayne Soil and Water Conservation Districts to provide more technical assistance in the planning and installation of Best Management Practices to protect water quality in the watershed. The PL-566 financial funds will allow an accelerated program of land treatment not possible under the present ongoing program. i Costs The cost of the project is estimated to be $2,019,680 (Table 1). Public Law-566 funds will be used for technical assistance ($297,410) to the districts and for cost-share payments ($767,070) to the landowners and/or operators. The PL-566 portion is 53 percent of the total costs. The North Carolina Department of Transportation (NCDOT) is responsible for costs associated with the wetland restoration ($551,250). Other costs ($403,950) will be the responsibility of the local sponsors and the landowners/operators. Installation and Financing The Greene and Wayne Soil and Water Conservation Districts (Sponsors) will encourage landowners/operators to install, operate, and maintain the Best Management Practices proposed. The Districts will approve all plans/schedules of operations and determine eligibility for cost sharing. Where operators are not the landowners, a permit or 'Lease will be needed to insure adequate control of the land under contract for accelerated technical and financial assistance. MRCS will provide accelerated technical and financial assistance through Long Term Contracts (LTCs) under PL-566 guidelines. Use of PL-566 funds will be limited to the most cost-effective conservation practices. Other practices which achieve the same level of protection can be substituted but cost sharing will be limited to what would be needed for the most cost-effective conservation practices. The estimated schedule of obligating PL-566 is displayed in Table L. NCDOT will provide 100% of the funds needed for the conservation easements and wetland restoration measures in accordance with the Memorandum of Agreement between NCDOT and the Districts. Landowners or operators must apply for assistance through the Soil and Water Conservation District by completing the prescribed form. Priority for assistance will be based on those areas with the most severe water quality impacts those practices that will result in maximum benefits, and those landowners or operators who are ready to execute LTCs. APRIL, 1995 39 TABLE L - SCHEDULE OF OBLIGATIONS NAHUNTA SWAMP WATERSHED Year Measures PL-566 Funds Other Total 1st Land Treatment" $115,060 $139,340 $254,400 Project Administration $ 44,620 $ 3,940 $ 48,560 2nd Land Treatment $153,410 $185,790 $339,200 Project Administration $ 59,480 $ 5,250 $ 64,730 3rd Land Treatment $191,780 $232,240 $424,020 Project Administration $ 74,350 $ 6,560 $ 80,920 4th Land Treatment $153,410 $185,790 $339,200 Project Administration $ 59,480 $ 5,250 $ 64,730 5th Land Treatment $153,410 $185,790 $339,200 Project Administration $ 59,480 $ 5,250 $ 64,730 The plan/schedule of operations will be used as a basis for developing the LTC with NRCS. Funding will be based on eligible Best Management Practices in the plan/schedule of operations. Cost-share payments will be made to the landowner/operator on completion of installation of practices or components of practices. Cost-share payments are to be based on a percentage of average costs and will be recorded in the LTC. Average costs are to be developed for each practice or component of a practice and are to be included in a plan/schedule of operations developed with the landowner/operator. PL-566 funding on LTCs is limited to a total of $100,000 with an individual landowner or operator. The number of contracts on cropland has been estimated at 375 (average 20 acres per contract). An additional 15 contracts will be needed for animal waste management systems. The cost-sharing rate will be limited to 65 percent of the average cost for enduring conservation practices and 50 percent for animal waste management systems. Incentive payments for the Conservation Tillage Cotton Demonstration Project will be limited to a total of 1,000 acres at $10 per acre for a period of not more than tree years and a maximum of 100 acres per operator. Estimated installation costs (including distribution of contracts and conservation practices) are summarized in Table 1. 11Technical assistance includes project administration. k 40 APRIL, 1995 4 TABLE M PROJECTED WORK SCHEDULE FOR NAHUNTA SWAMP WATERSHED YEAR PERCENT CONTRACTS' ACRES AWMS WORKER-YEARS NRCS FS TOTAL 1 15 59 1,125 2 1.7 0.2 1.9 2 20 78 „ 1,500 3 2.2 0.2 2.4 3 25 98 1,875 4 2.5 .0.2 2.7 4 20 78 1,500 3 2.2 0.2 : 2.4 5 20 78 1,500 3 2.2 0.2 2.4 TOTAL 100 390 7,500 15 10.8 1.0 11.8 ; .Average size of contract: 20 acres or 1 AWMS Average NRCS Worker-Year: 800 acres or 10 AWMS PL-566 funding will be available for a 5 year sign-up period. The contract period for LTCs will be not less than 3 years and will extend for at least 2 years after the initial application of the last required conservation treatment to ensure adequate establishment of the treatment. The selected plan provides for approximately 11.8 worker-years of technical assistance for the 5 years. The ongoing conservation program through the Greene and Wayne Soil and Water Conservation District will be responsible for follow-up on the LTCs after the last year of the project. The conservation compliance provisions in the Food Security Act of 1985 and the Food, Agriculture, Conservation and Trade Act of 1990 will increase participation in the project area. Local landowners will be directed to the District offices for conservation plans and installation of conservation practices. Those landowners within the watershed can participate in the project through LTCs with NRCS. The State Agricultural Cost Share Program is operating in the watershed area. This program provides funding for installing Best Management Practices that improve water quality. Many management practices (sod rotation, animal waste utilization, etc.) that are not available through PL-566 are available through the State program. The sponsors will utilize both the PL-566 project and State Cost Share program together for a highly effective treatment of the water quality and erosion problems within the watershed. Operation. Maintenance, and Replacement The landowners or operators will be subject to reimbursement of payments (or portions thereof) should they fail to properly operate and maintain the conservation systems and practices for the life of the practice or the duration of the easement. Operation and maintenance requirements will be included in the plan/schedule of operations for each contract or easement. Conservation easements for the restored wetlands will be held by the local Soil and Water Conservation Districts in perpetuity. APRIL, 1995 41 REFERENCES Clark, E. H. II, J. A. Haverkamp, and W. Chapman, Eroding Soils: The Off-Farm Impacts 1985 Conservation Foundation, The, Protecting America's Wetlands: An Action Agenda (The Final Report of the National Wetlands Policy Forum), 1988 Fish, F.F. A Catalog, of the Inland Fishing Waters in North Carolina, Division of Inland Fisheries. 1968 Frye, W. W., 0. L. Bennett, and G. J. Buntley, "Restoration of Crop Productivity on Eroded or Degraded Soils" Soil Erosion and Crop Productivity, 1985 Larson, W.E., F. J. Pierce and R.H. Dowdy. "The Threat of Soil Erosion to Long Term Crop Production", Science 219: 458-465, 1983 North Carolina Agricultural Extension Service. Soil Facts: Swine Manure as a Fertilizer Source. 1990 North Carolina Agricultural Research Service. Soil Svstems in North Carolina. 1984 North Carolina Crop and Livestock Reporting Service. North Carolina Agricultural Statistics. Annual North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Management, hater Quality Section, water Quality Pro=ress in North Carolina. 1988 1989 3P5b Reoor` Report 90-07, November, 1989 North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Management, Water Quality Section, Neuse Basinwide Water Qualitv Management Plan - DRAFT -, October, 1992 North Carolina Department of Natural Resources and Community Development, Division of Environmental Management. Assessment of Surface Water Quality in North Carolina. 1985 North Carolina Department of Transportation, Greene Soil and Water Conservation District, and Wayne Soil and water Conservation District, Memorandum of Agreement for Restoring Wetlands in Nahunta Swamp Watershed, October, 1994 North Carolina Soil and Water Conservation Commission and the "208" Agricultural Task Force. Water Quality and Agriculture: A Management Plan. 1979 North Carolina State University, Agricultural Extension Service. Farm Enterprise Budget Guidelines. Annual APRIL, 1995 43 North Carolina State University National Water Quality Evaluation Project.. Rural Clean Water Program - Comprehensive Monitoring and Evaluation Report. 1985 Pionke, H. B. and J. B. Urban. "Effect of Agricultural Land Use on Ground- Water Quality in a small Pennsylvania Watershed," Ground Water, 23 (1): 68-80, 1985 Rosenberry, P., R. Knutsen, and L. Harmon, "Predicting the Effects of Soil Depletion from Erosion," Journal of Soil and Water Conservation, 35 (3): 131-134, 1980 Shaw, S.P., and C.G. Fredine, Wetlands of the United States, Circular 39, US Fish and Wildlife Service, US Department of the Interior, 1956 Soil Survey of Greene County (March, 1980) Soil Survey of Wayne County (June, 1974) United States Department of Agriculture, Natural Resources Conservation Service. An Appraisal of Potentials for Outdoor Recreational Development for Greene Countv. North Carolina. 1973 United States Department of Agriculture, Natural Resources Conservation Service. An Appraisal of Potentials for Outdoor Recreational Development for Javne Countv. North Carolina. 1973 United States Department of Agriculture, Natural Resources Conservation. Service. Erosion and Sediment Inventorv for North Carolina. 1977 United States Departments of Comaerce (Bureau of the Census) and the Interior (Fish and Wildlife Service), 1980 National Survev of Fishing. Hunting and Wildlife-Associated Recreation - North Carolina. United States Environmental Protection Agency and United States Department of the Army, Memorandum of the Field Establishing and Use of Wetland Miti ag_tion Banks in the Clean Water Act Section 404 Regulatory Program, August 23, 1993 World Health Organization, 1977, Environmental Health Criteria 5 - Nitrates. Nitrites, and N-Nitroso Compounds A, M 44 APRIL, 1995 LIST OF PREPARERS Nahunta Swamp Watershed Greene and Wayne Counties, North Carolina N.C. DEPARTMENT OF ENVIRONMENT HEALTH AND NATURAL RESOURCES DIVISION OF SOIL AND WATER CONSERVATION a Carroll Pierce, Assistant Director for Technical Services David Harrison, Watershed Planning Conservationist Glenn Sappie, Economist U.S. DEPARTMENT OF AGRICULTURE Natural Resources Conservation Service STATE OFFICE James Canterberry, State Resource Conservationist Kim Kroger, Geologist FIELD OFFICE Deirdre Debrule, District Conservationist, Greene County Patricia S. Gabriel, District Conservationist, Wayne County FOREST SERVICE SOUTHEAST REGIONAL OFFICE Elizabeth Caldwell, Watershed Specialist Dale Rapin. Watershed Specialist APRIL, 1995 45 J?,<EO V4.,eS J 1 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Fhr4i a+olt." REGION IV 345 COURTLAND STREET. N.E. ATLANTA. GEORGIA 30365 nM January 18, 1995 j State Conservationist Natural Resources Conservation Service 4405 Bland Road Suite 205 Raleigh, NC 27609 Subject: Environmental Assessment (EA) and "Finding Of No Significant Impact" (FONSI) for the Nahunta Swamp Watershed, Greene and Wayne Counties, NC Dear Mr. Gallo: Pursuant to Section 309 of the Clean Air Act, EPA, Region IV has reviewed the subject EA which describes the measures to address excessive erosion and nutrients impacting the Nahunta Swamp Watershed. These. problems are the result of sedimentation produced from row crop farming and discharges of waste from animal operations into receiving waters. The proposed corrective plan will provide conservation tillage for 1000 acres, 15 animal waste management systems, wetland restoration, and water disposal systems. On the basis of the information provided it does not appear that the scope /consequence of the proposal will required its evaluation in the context of an environmental impact statement. Moreover, the significant and/or long-term adverse environmental impacts of the action are within acceptable limits to achieve project objectives. Therefore, we have no significant objections to the proposed FONSI. If we can be of further assistance in this matter, Dr. Gerald Miller 404-347-3776 will serve as initial point of contact. Sincerely yours, Heinz J. Mueller, Chief Environmental Policy Section Federal Activities Branch 49 Printed on Recycled Paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO February 16, 1995 Planning Division RECEIVED FEB 22 M5 SOIL & WATER Mr. C. Dewey Botts, Director Division of Soil and Water Conservation North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Botts: This is in response to your letter of December 27, 1994, requesting our comments on the "draft Watershed Plan-Environmental Assessment (Plan EA) and Finding of No Significant Impact (FONSI) for the Nahunta Swamp Watershed, Greene and Wayne Counties, North Carolina" (Regulatory Branch Action I.D. No. 199501258).. Our comments involve impacts to flood plains and jurisdictional resources, such as waters, wetlands, and Corps of Engineers' projects. The proposed watershed plan does not appear to impact any Corps-constructed flood control or navigation project. Our comments on the other issues are enclosed. We appreciate the opportunity to comment on this project. If we can be of further assistance, please contact us. Sincerely, ?r Wilbert V. Paynes Acting Chief, Planning Division Enclosure 50 February 16, 1995 Page 1 of 2 U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT, COMMENTS ON: Draft Watershed Plan-Environmental Assessment (Plan EA) and Finding of No Significant Impact (FONSI) for the Nahunta Swamp Watershed, Greene and Wayne Counties, North Carolina (Regulatory Branch Action I.D. No. 199501258) 1. FLOOD PLAINS: POC - The portion of Nahunta Swamp considered in the proposed watershed plan is located in Greene and Wayne Counties and has been identified through flood insurance studies as a flood hazard area. It is a detail study stream with 100-year flood elevations determined and a floodway defined. From a review of the September 1983 Wayne County Flood Insurance Rate Map, the Slough is also a detail study stream. This stream, identified as Exum Mill Branch on the Wayne County Soils Map, is a tributary of Nahunta Swamp and is shown in the Environmental Assessment as a part of the watershed study area. Wayne County participates in the National Flood Insurance Program (NFIP), but Greene County does not. If any activities or planned improvements will by-'-aulicaily affect these streams in Wayne County, we suggest that you coordinate with that county for compliance with their flood plain ordinance. In addition, if any fill is planned within the designated floodways in Wayne County, a certification will be required indicating that there will be no increase in the 100-year natural water surface elevation. Although Greene County does not participate in the NFIP, it is recommended that the hydraulic effects of any planned improvements be considered in the Greene County portion of the study area as well. 2. WATERS AND WETLANDS: POC - David Lekson, Washington F a. Pursuant to Section 404 of the Clean Water Act of 1977, as amended, prior Department of the Army (DA) approval is required for the discharge of dredged or fill material and/or excavation within waters of the United States, including wetlands. Review of the DRAFT document revealed that all work is proposed to be undertaken within existing cultivated cropland. Please be advised that any work proposed within waters or wooded areas should be inspected by our Regulatory Branch for a determination of Federal jurisdiction and DA permitting authority. b. On February 6, 1990, the Department of the Army and the U.S. Environmental Protection Agency (EPA) signed a Memorandum of Agreement (MOA) establishing procedures to determine the type and level of mitigation necessary to comply with the Clean Water Act Section 404(b)(1) guidelines. This MOA provides for sequencing by first, avoiding impacts to waters and wetlands through the selection of the least damaging, practicable alternative; second, taking appropriate and practicable steps to minimize impacts to waters and wetlands; and finally, compensating for any remaining unavoidable impacts to the extent appropriate and practicable. 51 February 16, 1995 Page 2 of 2 U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT, COMMENTS ON: Draft Watershed Plan-Environmental Assessment (Plan EA) and Finding of No Significant Impact (FONSI) for the Nahunta Swamp Watershed, Greene and Wayne Counties, North Carolina (Regulatory Branch Action I.D. No. 199501258) 2. WATERS AND WETLANDS: (continued) To enable us to process any permit application in full compliance with this MOA, a detailed alternatives analysis must be submitted addressing the above sequencing requirements. c. On October 20, 1994, Messrs. David Lekson and Ken Jolly of the Regulatory Branch met with Mr. David Harrison, Watershed Conservationist. Mr. Dennis Pipkin and Mrs. Robin Little, North Carolina Department of Transportation; Mr. Ron Ferrell, North Carolina Division of Environmental Management; and Mr. Eric Penley also attended this meeting. The purpose of this meeting was to discuss this project in relation to Corps of Engineers' guidelines regarding acceptable compensatory mitigation, as well as the potential for the North Carolina Department of Transportation to utilize these restored areas for mitigation credits. Mr. Harrison has been provided with written Wilmington District Regulatory Branch guidance regarding development of mitigation plans and projects. Concurrence by our Regulatory Branch is required prior to the acceptance of any restored areas for mitigation credits on highway projects. d. Implementation of this watershed project in no way obligates the Corps of Engineers to accept any of this work as mitigation for North Carolina Department of Transportation projects or any other project requiring DA permit authorization. If you have any questions or comments related to DA permits, please contact Mr. Lekson. RE. FEB 22 1995 So? -R 52 , North Carolina Cooperative Extension Service y NORTH CAROLINA STATE UNIVERSITY COLLEGE OF AGRICULTURE & LIFE SCIENCES ANR/CRD Office • Box 7602 • Raleigh, NC 27695-7602 e Tel: (919) 515-3252 FAX (919) 515'`3135` , ••• 5 h i ?? ice? February 10, 1995 Mr. C. Dewey Botts Division of Soil and Water Conservation 512 N. Salisbury Street P. 0. Box 27687 Raleigh, NC 27611-7687 Dear Dewey, We're writing in response to your letter to Dr. Wells on December 27, 1994 to review the Nahunta Swamp Watershed Plan and Assessment document. The document was reviewed by Drs. Greg Jennings, Robert Evans, Roger Crickenbercer and Joe Zublena. As an overview of the reviewers comments, everyone felt the project was noteworthy and supported the request for funding. Several diverse question were raised that may be easily answered by your Division due to greater familiarity with the funding sources. I will list the cuestion and comments below in no particular order of i:..pV_ Lance• 1. There appears to be a lack of initial assessment, monitoring, evaluation or final impact in the proposal. If the project is successful, how will you know? 2. How does this project differ from 319 NPS projects? 3. Suggestion to alter the riparian restoration efforts to include 100% of the stream length in the targeted area, not just the 500 acres. 4. There does not appears to be any educational objectives to inform area citizens of project intent, informational updates or final results. 5. In an environment of governmental cooperation (i.e. Capacity Building) is there a reason Cooperative Extension was not or should not be involved in this project? There does appear to be several roles Extension could play in this project (i.e. no-till cotton production demonstrations, educational roles, and citizen field day programs). Employment and program opportunities are offered to all people regardless of race, color, national origin, sex, age or handicap. North Carolina State Uruversity, North Carolina A&T State University, U.S. Department of Agriculture, and local governments cooperating. 53 Page Two February 10, 1995 6. Are these funds particularly targeted for accelerated adoption of legislated BMPs or should they go beyond what , is required by .0200 regulations and conservation compliance etc.? Sincere y, Roger G. Crickenb ger Interim Assistant Director, ANR/CRD Joseph P. Zublena Associate State Program Leader, NR/CRD JPZ/tpM 54 NORTH CAROLINA STATE CLEARINGHOUSE `"208 DEPARTMENT OF ADMINISTRATION 116 WEST JONES STREET RALEIGH NORTH CAROLINA 27603-8003 02-15-95 INTERGOYERNT,?!„f??ilD W COMMENTS MAILED TO RR tt?,yyLL FROM N.C. DEPT- OF EHNR FEB 17 1993 MRS. CHRYS BAGGETT DEWEY BOTTS iRECTOR DIV. OF SOIL 6 WATER CONS. SOIL & WATER C STATE CLEARINGHOUSE ARCHDALE BLDG/INTER-OFFICE PROJECT DESCRIPTION DRAFT EA/FCNSI FOR THE WATERSHED PLAN FOR THE NAHUNTA SWAMP WATERSHED SAI NO 95E43000457 PROGRAM TITLE - DRAFT EA/FONSI THE ABCVE PRCJECT HAS BEEN SUBMITTED TO THE NORTH CAROLINA INTERGOVERNMENTAL REVIEW PROCESS. AS A RESULT OF THE REVIEW THE FOLLOWING IS SUBMITTED ( ) NO COMMENTS WERE RECEIVED ( X) COMMENTS ATTACHED SHCULD YOU HAVE ANY QUESTIONSt PLEASE CALL THIS OFFICE (919) 733-7232- C.C- REGION P 55 ? l iaT/t•?..t%?1. North Carolina Department of Cultural Resources James B. Hunt, Jr., Governor Betty Ray McCain, Secretary February 10, 1995 MEMORANDUM TO: Division of Soil and Water Conservation North Carolina Department of Environment, Health, and Na ura Resources FROM: David Brook 1'14 Deputy State is oric Preservation Officer SUBJECT: Draft Watershed Plan EA/FONSI, Nahunta Swamp Watershed, Greene and Wayne Counties, CH 95-E- 4300-0457 We have received information concerning the above project from the State Clearinghouse. r We contacted the Natural Resources Conservation Service to get more information on the proposed animal waste sites. We understand these animal waste sites will consist of small lagoons or, individual farms and the exact locations will depend upon requests by individual -arm owners. We request additional information be sent to us when the sites are chosen so we can determine if any historic farms will be affected. If any of the selected farms have a majority of buildings over fifty years old, please send a county map showing the location of these farms. We will continue our review at that time. We note that an archaeological overview of the area has been completed by Coastal Carolina Research. The overview delineates areas of archaeological sensitivity and establishes a resource management plan which should be followed for development projects. Contrary to the statement on page 35 that there will be no effect on historic and cultural resources, each project will need review to determine any potential effect. The above comments are made pursuant to Section 106 of the National Historic Preservation Act of 1966 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 919/733-4763. DB:slw cc: State Clearinghouse 109 East Jones Street • Raleigh, Noah Carolina 27601-2807 56 Division of Archives and History William S. Price, Jr., Director '?L3 State of North Carolina Department of Environment, Health and Natural Resources Legislative & Intergovernmental Affairs James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Henry M. Lancaster II, Director MEMORANDUM EHN TO: Chrys Baggett FROM: Melba McGee RE: 95-0457 EA/FONSI Nahunta Swamp Watershed Pland, Green and Wayne Counties DATE: February 10, 1995 The Department of Environment, Health, and Natural Resources has reviewed the proposed project. The attached comments are for the applicant's consideration. Thank you for the opportunity to review. attachments i r L5 L9 cm 15 1994 J P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-4984 A? Equal 0;=rturnty A,firmcfive Action Employer °o recycled/ 10°o post-consumer p=er 50 NCWRC,HCP,FALLS LATE TEL:y19-52S-9S3a Jan ?b' 95 10:52 Nn .0071' P _ C)3 North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188,919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: Melba McGee Office of Policy Development, DEHNR FROM : Franklin T. McBride, Manager Habitat C^nservaticn Program Date: January 26, 1995 Subject: Environmental Assessment/Finding o No Signi=icant Impact for Nahunta Swamp Watershed Plan and Envirorimental Assessment, Greene and Wayne Counties, tiorc:: Carc_i na. F_c;ec- 9=-04-57. Staff, hiclogists with the Wildlife :resources Commission have reviewed the subject Environmental Assessment/Finding of No Significant Impact (EA/FONSI). Our comments are provided in accordance with provisions o` the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.) and the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). The EA/FONSI concerns conservation land treatment programs within the Nahunta Swamp Watershed developed by the NC Department of Environment, Health, and Natural Resources, Division of Soil and Water Conservation and the U.S. Department of Agriculture, Natural Resources Conservation Service. Proposed measures include conservation land treatment measures on 7,000 acres of cropland, the restoration of 500 acres of wetlands, and the installation of animal waste management systems. This project should reduce the amount of silt and sedimentation and nutrients entering streams within the watershed improving water quality and benefiting aquatic resources within the area. Also, increased vegetative cover resulting from the conservation measures should enhance wildlife habitat and especially benefit small game species. 58 NCWRC,HCP,FALLS LRKE TEL:919-528-9839 Jan 25'95 10:53 No.003 P.04 Nahunta Swamp watershed Plan 2 1/26/55 Project No. 95-0457 Although we acknowledge the positive benefits resulting from the restoration of wetland areas, we are concerned about using these areas for mitigation banking purposes for NC Department of Transportation projects. Along with the U.S. Army Corps of Engineers, we would like to be included in the development - process for the mitigation banking plan. Also, we recommend that this mitigation bank only be used for restoration credits for the loss of wetlands resulting from projects located within the Nahunta Swamp Watershed and not for areas outside this region. Another area of concern relates to the allowance of timber harvesting within restored wetland areas. Although Best Management Practices for forested wetlands will be used, we feel that these areas should not be included within the mitigation banking plan and only areas with a permanent conservation easement be included. A Provided the aforementioned areas of concern are addressed, we will concur with the EA/FONSI. Also, we would like recognize the importance of such conservation plans for this watershed and recommend that similar measures be undertaken in other areas. Thank you f---r the opportunity to comment on this project If you have any concerns about our cc-mmencs, please contact Brad E. :Hammers at (919; -9s?-1167. 2t/fm CC • ?rG? Hammers, D'4 Qzr4C. Wave Jones, Discric- 4 Fisheries Bioloc'sty Bobby Maddrey, District 2 Wildlife Biologist Bennett Wynne, Fisheries Coordinator 59 w 1 Selected Alternative Regional Development Account Nahunta Swamp Watershed Greene and Wayne Counties, North Carolina Measures of Effects Components State of NC Rest of Nation (Average Annual) 1 Beneficial Effects A. The value of maintaining productivity on cropland $613,510 0 B. The value of reducing concurrent damage $115,050 0 C. The value of off-site Damage Reduction $248.660 0 Total beneficial effects $977,220 0 Adverse Effects _ s A. The value of resources contributed from within the region to achieve the outputs 1. Accelerated Land Treatment Project Installation $112,160 $77,020 OM&R $ 47 960 0 Total adverse effects $160,120 $77,020 Net beneficial effects $817,100 -$77,020 1 Period of analysis of 25 years at 8 percent discount rate. Price Base: 1994 Economic Analysis of on-site benefits of conversion was not conducted and those benefits were not estimated. APRIL, 1995 63 Selected Alternative National Economic Development Account Nahunta Swamp Watershed Greene and Wayne Counties, North Carolina Components 1 Measures of Effects (Average Annual) Beneficial Effects A. The value of maintaining productivity on cropland $613,510 B. The value of reducing concurrent damage $115,050 C. The value of off-site Damage Reduction $248,660 Total beneficial effects $977,220 Adverse Effects A. The value of resources required for a plan: i. Accelerated Land Treatment Project Installation $189,180 OM&R $ 47 960 Total adverse effects $740,080 Net beneficial effects $740,080 1 Period of analysis.of 25 years at 8 percent discount rate. Price Base: 1994 Economic Analysis of on-site benefits of conversion was not conducted and those benefits were not estimated. 64 APRIL, 1995 Selected Alternative Environmental Quality Account Nahunta Swamp Watershed Greene and Wayne Counties, North Carolina r Components Measures of Effects Beneficial and Adverse Effects A. Quality considerations of 1. Reduce sedimentation and water, land and air resources nutrient loading of Nahunta Swamp Watershed 2. Protect soil resource base on 5,700 acres of cropland B. Biological resources and selected ecosystems 1. Improve small game habitat on 7,500 acres 2. Improve fishery habitat by reducing sediment delivery by 15,800 tons per year 3. Improve fish habitat in 136 miles of` stream and 43 ponds C. Irreversible or irretrievable commitments Social Well-being Account Nahunta Swamp Watershed Greene and Wayne Counties, North Carolina Components Measures of Effects Beneficial and Adverse Effects Life, Health and Safety 1. Commit labor and capital resources needed for project installation 1. Allow farm operators to better utilize available cropland and conduct farming operations more efficiently 2. Decrease non-point source pollutants into the stream system APRIL., 1995 65 APPENDIX C - MEMORANDUM OF AGREEMENT BETWEEN NCDOT AND GREENE AND WAYNE SWCDS APRIL, 1995 67 MEMORANDUM OF AGREEMENT BETWEEN NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, a 1 GREENE SOIL AND WATER CONSERVATION DISTRICT, AND WAYNE SOIL AND WATER CONSERVATION DISTRICT THIS AGREEMENT is made and entered into on the date hereinbelow last written, by and between the North Carolina Department of Transportation (NCDOT), Greene Soil and Water Conservation District (SWCD), and Wayne Soil and Water Conservation District (SWCD). WHEREAS, under existing provisions of State and Federal law the NCDOT, Greene SWCD, and Wayne SWCD are.authorized to enter into agreements; and WHEREAS, the Nahunta Swamp Watershed Project (PL-566) has an estimated 1,200 acres of prior converted wetlands that have potential to be restored to their previous condition through appropriate restoration and management techniques; NOW, THEREFORE, it is mutually agreed a7mong the three parties that the following general provisions are adopted and will be implemented as indicated. General Provisions 1. The Greene and Wayne SWCDs will act as agents between the landowner and the NCDOT. The SWCDs will contact eligible landowners in the Nahunta Swamp Watershed for the purchase of conservation easements during the five (5) year installation period for the Nahunta Swamp Watershed Plan (PL-566). The SWCDs will develop a reasonable easement purchase price in consultation with local sources to be offered to all landowners, subject to NCDOT approval. The SWCDs will hold the conservation easement in perpetuity. 2. The Greene and Wayne SWCDs will develop the wetland restoration plans in cooperation with other agencies. The plans will identify measures which will be implemented by the landowner to restore the wetlands. All plans will be approved by the US Army Corps of Engineers prior to mitigative action. 69 3. The NCDOT will provide funds for all costs associated with the purchase of conservation easements and implementation of wetland restoration measures. The NCDOT will provide legal and surveying services for the easements as needed. 4. Two (2) years after implementation of a wetland restoration plan, a complete review of the wetland restoration effort will be made by the parties involved to evaluate success and to take corrective actions as needed. The NCDOT will provide funding for the corrective actions provided that all mitigation measures are installed and implemented in compliance with the approved plan. 5. This MOA does not eliminate the landowner's or agencies' responsibilities under all applicable Federal, State, and local laws and/or regulations. 6. Amendment or modification of the MOA may be proposed at any time, but will not be adopted unless agreed to by all parties. If proposed revisions are not agreed to within one (1) year after submission, then the party proposing the revision may elect to terminate its participation in the agreement at the end of that one year period. IN WITNESS THEREOF, the parties have caused this agreement to be executed on the date hereinbelow last written. /f z4/E Secretar Date N.C. Department of Transportation Cha rman Date Greene Soil and Water Cons ation District Chai an Date Wayne Soil and Water C reservation District 19 70 TYPICAL WETLAND RESTORATION PLAN OF OPERATION The primary goal in this wetland restoration plan is the restoration of bottomland hardwood habitat adjacent to Nahunta Swamp and it's tributaries (riparian areas) to improve water quality and improve wildlife and aquatic habitat. The vegetation to be established will trap sediment and nutrients from adjoining cropland as well as provide food and cover for both game and non-game species. The restroed riparian area will also provide valuable travel corridors along the stream. Field No. 2 represents a typical proir converted wetland in Nahunta Swamp Watershed. The fieldconsists of 8 acres of Johnston loam soils currently being farmed. Johnston soils are very poorly drained, nearly level soils on wide, flat low flood plains along large drainageways. The seasonal high water table is at the surface. Flooding is very frequent. A representative profile near the junction of Exum Mill Branc and Nahunta Swamp includes: Ap - 0 to 10 inches, very dark-grey (10YR 3/1) loam Al - 10 to 28 inches, black (10YR 2/1) loam Blg - 28 to 32 inches, grey (10YR 5/1) sandy loam B2g - 32 to 45 inches, grayish-brown (10YR 5/2) sandy loam Cg - 45 to 65 inches, light grey (10YR 7/1) sand There are no restrictive layers in the soil. Hydrology is a function of landscape position and frequent flooding. There is an intercepter ditch (Ditch 1) running parallel with Nahunta Swamp, seperating hte upland area from the flood plain. There is a property line ditc'^ (Ditch 2) that directs the flow from Ditc,11 1 to ' ahiinta Swamp. Ditch 2 must remain open for the adl oining landowner unless he ca-. be persuaded to cooperate with the wetland restoration program. A major goal of the Soil & Water Conservation Districts will be to have as many adjacent landowners cooperating as possible to increase the effectiveness of the project. NRCS's standards and specifications for wetland restoration 12 will be followed execpt that the US Army Corps of Engineers' recommendations 13 for species composition and survival rates will take precedence. The US Army Corps of Engineers recommend a minimum of 6 hardwood species with no more than 20% of any one species. Planting will be on a 10 by 10 foot spacing (435 trees per acre). The goal will be a minimum of 320 trees per acre surviving for 3 years after the wetland hydrology has been reestablished. Pine will not be planted and should account for less than 10% of the total site species. 12 Natural Resorces Conservation Service Technical Guide, Section IV, Practice Code 657, Wetland Restoration, (July, 1992) 13ComDensatory Hardwood Mitigation Guidelines, US Army Corps of Engineers, December, 1993 APRIL, 1995 73 Tree planting will be done before the hydraulic modifications are made to reduce seedling mortality. The wetland hydrology will be reestablished in as simple a manner as possible to reduce operation and maintenance costs. Earthen plugs, 100 feet in length, will be used to block the drainage ditches. The number of plugs and their location will be determined during individual field planning. Overland flow from the adjacent slopes and the periodic flooding of Nahunta Swamp will be sufficient to restore the wetland hydrology. There will be no need for diking, levees, or other ponding structures. At the landowner's request, and with the concurrence of the sponsors and the US Army Corps of Engineers, wildlife/waterfowl enhancement measures (shallow open Water) may be allowed but will be limited to less than 10% of the surface area of the site. The costs associated with the installation of these enhancement measures will be the responsibility of the landowner. The acreage devoted to enhancement measures will not be abailable for use in the proposed mitigation bank. Timber harvesting will be permitted in accordance with a wetland timber management plan developed with the concurrence of the US Army Corps of Engineers. Best Management Practices for forested wetlands will be used to maintain the hydrology, vegetative communtiy, and other wetland functions and values. Clear cutting will not be allowed. The NC Department of Transportation will be providing funds for purchase of the conservation easements and restoration of the wetland areas. After the wetlands have been restored, a wetlands mitigation bank plan will be developed with the concurrence of the US Army Corps of Engineers. Included in the mitigation bank plan will be as-built plans of the wetland restoration and a report on the restored hydrology. Best Management Practices on Critically eroding cropland adjacent to the restored wetland areas will reduce sedimentation. Provisions in the conservation easements will protect the restored wetland areas from destruction by h wman/animal actions (4-wheel drive vehicles, beaver foraging, etc.). 74 APRIL, 1995 CONSERVATION PLAN/SCHEDULE OF OPERATIONS 1 of 2 NAME: EXAMPLE COUNTY: WAYNE STATE: NC CONTRACT NO.: 1-T-5431 TOTAL ACRES UNDER CONTRACT: 8.18 SUMMARY OF WETLAND RESTORATION PLAN OF OPERATION (WRPO) PURPOSE AND FUNCTION: This Wetland Restoration easement will restore a palustrine forested wetland (bottomland hardwood). Wetland values that will be restored include wildlife L habitat, water quality improvement, recreation, and forest resources. SUMMARY: The 8.18 acres shown on the attached plan of operation map will be placed under a perpetual conservation easement. The WRPO will: 1. Restore the bottomland hardwood community by planting trees (water hickory, overcup oak, laurel oak, willow oak, persimmon, cottonwood, green ash, american elm, and river birch) on a 10 foot by 10 foot spacing (435 trees per acre). 2. Restore the wetland hydrology by installing a ditch plug (100 ft. long) where shown on the plan of operation map. 3. Allow the NC Department of Transportation to secure mitigation credits with the US A=.y Corps of Engineers. COMPATIBLE USES: The following uses have been determined to be compatible with the purpose for which this wetland Restoration cC=tract and conservation easement is establis:ed: 1. Hunting, fishing, trapping, birdwatching, and recreational hiking that is fully consistent with state and federal regulations, including the leasing of such rights to others. 2. Selective timber harvesting in accordance with a wetland timber management plan developed with concurrence by the US Army Corps of Engineers. The plan will utilize approved Best Management Practices for wetlands to maintain the hydrology, the vegetative community, and other wetland functions and values. Clear cutting will not be permitted. Streamside Management Zones will be established adjacent to Nahunta Swamp and its tributaries. OPERATION AND MAINTENANCE: 1. Adequate maintenance will be provided to facilitate establishment of woody vegetation. This may require some suppression of weeds and pine species. The area will be considered established to woody vegetation if 320 stems per acre are surviving for three growing seasons after the wetland hydrology has been reestablished. 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NC 222 r ?? 1 1 Contentnea Creek d 4q ? f i O ,?? `NC 58 I l ? ? D 13 ?? 7 Fero ?` I? 1 o ` Pik villa SR 105k 0 ' ^Ne / % a o 'b I Petetown rl Q ,?,/? US 117 1 Q / WJ i D ? NC 11.1 SR 1556 US 13 Saulaton US 13 I Oakdale EXCESSIVE CROPLAND EROSION NAHUNTA SWAMP WATERSHED Greene, Johnston, and Wayne Counties Bees oompiled from U.S.O.S. topographic mope and N.C. road mope ..?? Materiel prepared by the N.C. Department of Environment. Health. and Natural Resources 0 1 2 3 Km Division of Soil and Water Conservation. Watershed Planning Seotion Coale Raleigh. North Caroline 1994 Johneton Co. Pinkney a Nahunto l i NC 881 1 1 LEGEND Watershed Boundary Stream Road ... .. ?„??• County Line ----------- Potential Wetland Wayne Co. U9 117 r Fremont ??? NC 222 1 C 1 Pik,vills ! 1 I I i U8 117 1 1 1 _ I 1 1 r 1 / i ownr? Greene Co. Eureka r ? I 1 i r Contentnee Creek 1 1 NC 38 1 '% 1 • Fero. I ~? i 8R 1038?? ; % II I?? I II ? II r •I II ?' ,.' SR 1388 NC 111 /I II ^? / II I I 8auleton U8 13 , ?v II i II I i I I .. U8 13 Oakdale WETLAND RESTORATION Restoration Fields NAHUNTA SWAMP WATERSHED Greene. Johnston. and Wayne Counties Bass compiled from U.S.S.S. topographic maps and N.C. road maps Material prepared by the N.C. Department oP Environment. Health. and Natural Resources 0 2 Km Division oP soil and Welter Conservation. Watershed Planning Section Raleigh. North Carolina 1994 scale .Kdoo aad Li7•Tt jo `OL'917T$ 30 :Isoo v :ls pa4uiad aaaM quamnoop oiTgnd szuq go saidoo OOT