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HomeMy WebLinkAbout20070494 Ver 1_401 Application_20070307~, 0 7 0 49 4 U. S. Army Corps of Engineers Asheville Regulatory Field Office 1 S 1 Patton Avenue, Room 208 Asheville, NC 28801-5006 Natural Resources Kestoration & Conservation March 16, 2007 ATTN: Ms. Loretta Beckwith, Regulatory Project Manager P,~;Y~~±rNT RECEIVED D ~~~4 1:/ MgRZ s? D D0~ 0~~srrc~wA~~.~r~ ~a~H SUBJECT: Application for Nationwide 27 Authorization for the Implementation of the Morgan Creek Stream and Wetland Restoration Project in Haywood County Please find enclosed with this letter the following items: 1) Preconstruction Notification (PCN) Form (6 copies to DWQ); 2) Conservation easement plat (6 copies to DWQ); 3) Detailed Wetland Restoration Plan (6 copies to DWQ), including Categorical Exclusion and 4) Restoration Plan Approval Letter from NCEEP (6 copies to DWQ); 5) Letter from SHPO (6 copies to DWQ); 6) Wetland Data Forms (6 copies to DWQ) Proiect Purpose and Description The purpose of this letter is to provide you with information concerning the Morgan Creek Stream and Wetland Restoration Site (SITE). The owner/applicant, Restoration Systems, LLC (RS), is proposing stream and wetland restoration at the Site to assist the North Carolina Ecosystem Enhancement Program (EEP) in fulfilling its mitigation goals in the French Broad River Basin Cataloging Unit 06010106. The SITE is located approximately 10 miles north of Waynesville in Haywood County within the USGS Hydrological Unit 06010106020040 (North Carolina Division of Water Quality [NCDWQ] Subbasin 04-03-OS) of the French Broad River Basin (Figures 1, 5). The SITE is characterized by active pastureland, old fields, forest fringes and residential sites. Under existing conditions, SITE streams (main stem of Morgan Creek, and 3 unnamed tributaries) are characterized as highly degraded, incised, eroding channels readily accessible by livestock. Agricultural practices and cattle usage constitute major point sources of pollution and on-going sedimentation/erosion. Additional stream impacts include bank collapse and erosion, changes in stream power, sediment transport and loss of characteristic riffle/pool complex morphology. Site floodplains and historical wetlands have been impacted by deforestation, vegetation maintenance, stream channelization, soil compaction by livestock, and groundwater draw-down from stream channel downcutting. Land use within the upstream watershed is currently characterized by relatively undisturbed forest, although residential development planning is on-going. Less than five percent of the upstream watershed is composed of impervious surfaces. Mill • 1101 Haynes St., Suite 107 • Raleigh, NC 27604 • www.restorationsystems.com • Phone 919.755.9490 • Fax 919.755.9492 .~ Ms. Loretta Beckwith, USACE March 16, 2007 Page 2 The primary goals of this restoration plan include 1) construction of a stable, riffle-pool stream channel; 2) enhancement of water quality functions in the on-site, upstream, and downstream segments of the channel; 3) creation of a natural vegetation buffer along restored stream channels; 4) reestablishment of historic wetland functions; 5) restoration of wildlife functions associated with a riparian corridor/stable stream, and 6) restoration of aquatic habitat to support a more diverse aquatic community. The proposed restoration plan is expected to restore approximately 5,160 stream mitigation units (SMUs) of SITE tributaries primarily through Rosgen Priority I restoration methodologies, and approximately 4.2 wetland mitigation units (WMUs) of riparian wetlands (Figures 5). Project Impacts to Jurisdictional Areas Portions of four degraded perennial stream channels (main stem of Morgan Creek and 3 unnamed tributaries) will be impacted in order to accomplish restoration goals. Implementation of stream restoration methodologies and execution of stream restoration designs will involve constructing new channels adjacent to existing channels, followed by diversion of natural stream flow into new channels. Recharging new channel with stream flow will occur only after new channel is stabilized. Pump around methods are likely to be employed, where juxtaposition of new and old channels require dewatering portions of the existing channel while new channel construction is underway. Pump around protocols involve the use of hydraulic pump(s) to divert stream flow to a lower section of existing stream during critical phases of channel construction. Tahle 1 _ F,ffect of Rectnration nn Stream Lengths REACH EXISTING CHANNEL LENGTH (lf) POST-RESTORATION CHANNEL LENGTH (lfj 1 (Morgan Creek) 3,064 3,470 2 (Tributary 1) 385 1,009 3 (Tributary 2) 270 350 4 (Tributary 3) 310 331 Each of the old, existing stream channels will be backfilled following activation of newly constructed channels. Backfilling of old channels will provide microtopograhpic variability to facilitate restoration of wetlands in the floodplain of the newly established creek channels. Grading of the floodplain will be accomplished in areas where past alluvial events and spoil deposition from stream channelization activities resulted in the placement of overburden in portions of the floodplain, effectively burying hydric soils. Stream restoration design focuses on establishing morphological attributes that will facilitate overbank flooding frequencies to sustain wetland hydrology in adjacent wetland restoration areas (Figs. 4, 6). In addition to anticipated stream impacts, implementation of stream restoration designs and grading to reestablish floodplain elevations will unavoidably impact portions of very small wetland pockets that are dispersed through the easement. Table 2 provides details of site wetlands and anticipated impacts to them. Figure 6 shows the precise location of these wetlands. ~, Ms. Loretta Beckwith, USACE March 16, 2007 Page 3 Tahle 2. Anticipated Impacts to Site Wetlands Wetland Impact Site Number (indicate on map) Type of Impact (Fill or Cut) Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain (yes/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) 1 Cut Forested N/A <1' 0.015 2 Cut Forested/Disturbed N/A <1' 0.097 2A Cut Herbaceous N/A <1' 0.198 3 Cut Herbaceous N/A <2' 0.023 4 Fill Herbaceous N/A <1' 0.014 5 Cut Herbaceous N/A 25' 0.019 6 Fill Herbaceous N/A <l' 0.008 6A Cut Herbaceous N/A 75' 0 7 Fill Herbaceous N/A 125' 0.096 7A Cut Herbaceous N/A <1' 0 8 Fill Herbaceous N/A <1' 0.056 9 Fill Herbaceous N/A <1' 0.017 10 Cut Herbaceous N/A <1' 0.070 11 Cut Herbaceous/Forested N/A <1' 0.050 Total Wetland Impact (acres) 0.663 Justifications for Project Impacts to Jurisdictional Areas Each of the four degraded streams will be restored to greater functionality and these restoration efforts will increase total stream length by approximately 1,131 linear feet. Furthermore, impacts to jurisdictional wetlands will result in the loss of approximately 0.66 acre of mostly degraded, low quality wetlands, which are subject to cattle traffic, but the total efforts at the SITE will result in the restoration of more than four acres (4.2 acres) of functional and protected jurisdictional riparian wetlands. Protected Species Based on the most recently updated (January 29, 2007) county-by-county database of federally listed species in North Carolina as posted by the Fish and Wildlife Service (FWS) at http://nc- es.fws.~ov/es/count fy r.html, 10 federally protected species (endangered or threatened) are listed for Haywood County. In addition, 36 species are posted with the federal status of FSC (Federal Species of Concern). Table 2 lists the protected species and indicates if suitable habitat exists within the SITE for each. ,_ Ms. Loretta Beckwith, USACE March 16, 2007 Page 4 Note that the Endangered Species Act of 1973 (ESA), as amended, requires federal actions to consult with the FWS under Section 7 of the ESA should potential conflicts between the proposed action and listed species (those protected by law) potentially exist. Species with the status of FSC are not afforded protection under the ESA. These species are under consideration for listing, but insufficient information is available to justify listing at this time. Table 2. Federall Protected S ecies for Ha ood Coun Common Name Scientific Name Status* Suitable Biological Habitat Conclusion Vertebrates Bald eagle Haliaeetus leucocephalus T No No Effect Bog turtle Clemmys muhlenbergii T(S/A) No No Effect Carolina northern flying squirrel Glaucomys sabrinus coloratus E No No Effect Eastern puma Puma concolor cougar' E No No Effect Gray bat Myotis gr'isescens E No No Effect Indiana bat Myotis sodalis E No No Effect Invertebrates Appalachian elktoe Alasmidonta raveneliana E No No Effect Spruce-fir moss spider MicNOhexura montivaga E No No Effect Plants Small whorled pogonia Isotr'ia medeoloides T Yes No Effect Rock gnome lichen Gymnoderma lineare E No No Effect *Endangered = a taxon "in danger of extinction throughout all or a significant portion of its range"; Threatened = a taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range"; Threatened (S/A) = a species that is threatened due to similarity of appearance with other rare species and is listed for its protection; these species are not biologically endangered or threatened and are not subject to Section 7 consultation. The North Carolina Natural Heritage Program (NCNHP) records were reviewed and no element occurrences have been recorded closer than 1.5 miles from the SITE. The only species having suitable habitat within the SITE is the small-whorled pogonia (Isotria medeoloides). Consequently, intense plant-by-plant surveys were conducted for the species throughout the SITE easement and beyond on July 26, 2006. Although no suitable nesting habitat for either of the listed bats occurs within the SITE, utilization of SITE streams by the bats could not be ruled out until a determination was made about the presence of nesting or over-wintering sites in proximity to the SITE. Surveys of adjacent forested tracts for potential nest sites were conducted within a 500-foot wide area (measured laterally from the SITE easement). Parallel transect surveys concentrated on looking for caves and shaggy-barked trees such as shagbark hickory (Carya ovata) and butternut (Carya cordiformis). A phone conversation with Steve Fraley, Western Aquatic Non-game Coordinator with the North Carolina Wildlife Resources Commission (NCWRC) confirmed that the downstream receiving waters (Fines Creek and the Pigeon River) are not considered to be suitable habitat for the Appalachian elktoe, r Ms. Loretta Beckwith, USACE March 16, 2007 Page 5 Biological Conclusions • Small-whorled pogonia Isotria medeoloides Threatened Walking, plant-by-plant surveys for small-whorled pogonia were conducted throughout the entire easement of the SITE. Surveys concentrated on gross morphology rather than on flowering apparatus. No plants occur within the SITE. Based on the results of the investigation it is reasonable to conclude the project will have No Effect on small-whorled pogonia. • Gray and Indiana bats Myotis gricescens and M. sodalis Endangered Vigorous walking surveys were conducted on forested mountainsides outside the SITE easement. Survey area comprised a 500-foot wide band of forest around all sides of the SITE. No caves and no shaggy bark trees were located within the search area. Immature specimens of shagbark hickory were discovered during the surveys, but bark character would not have supported hibernacula. Based on these results, particularly since no suitable habitat occurs within the SITE, it is reasonable to conclude the project will have No Effect on either of the listed bats. Cultural Resources The term "cultural resources" refers to prehistoric or historic archaeological sites, structures, or artifact deposits over 50 years old. "Significant" cultural resources are those that are eligible or potentially eligible for inclusion in the National Register of Historic Places. Evaluations of significance are made with reference to the eligibility criteria of the National Register (36 CFR 60) and in consultation with the North Carolina State Historic Preservation Office (SHPO). RS submitted a letter to the State Historic Preservation Officer (SHPO) in July 2006, requesting a search be conducted of archival records for the SITE. SHPO responded on August 17, 2006 that no known recorded archaeological sites occur within the SITE; however, based on topographic and hydrological characteristics of the SITE, the SHPO recommended a comprehensive survey be conducted by experienced archaeologists. In response, RS engaged the services of Legacy Research Associates, Inc. of Durham, an archaeological consulting firm. The results of archival and field investigations at the SITE, and recommendations were compiled in a report by Legacy (enclosed). Their report, issued on September 25, 2006, was sent to the SHPO. On November 16, 2006, the SHPO issued a letter concurring with the Legacy report including its findings that the site should not be recommended as eligible for inclusion in the National Register of Historical Places and that no further archaeological investigation is needed (enclosed). This documentation provides confirmation that the project is in compliance with Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Trout Waters A phone conversation with David McHenry of the NCWRC confirmed that Morgan Creek and its tributaries at the SITE would not be considered suitable habitat for trout. A copy of this application will be provided concurrently to the NCWRC to facilitate their timely comments to the Section 404 application. ~e Ms. Loretta Beckwith, USACE March 16, 2007 Page 6 Your time and consideration in reviewing the enclosed material is greatly appreciated. Your assistance in expediting your review and approval is respectfully requested to meet construction and planting schedules. Should you have any questions about the project, please call me at 919- 755-9490. Thank you. Sincerely, M. Randall Turner, Ecowarrior Emeritus Restoration Systems, LLC 1101 Haynes Street, Suite 107 Raleigh, NC 27604 cc: Cyndi Karoly, NCDWQ (6 copies) David McHenry, NCWRC Enclosures Natural Resources Restoration & Conservation May 25, 2006 Cyndi Karoly, Supervisor North Carolina Department of Environment and Natural Resources Division of Water Quality Wetlands and Stormwater Branch Section 401 Oversight 1650 Mail Service Center Raleigh, North Carolina 27699-1650 SUBJECT: Authorized Agent for Restoration Systems, LLC Mrs. Karoly: PAYMENT RECEIVED ~ 7' ~ 494 Please accept our designation of Mr. M. Randall Turner, AKA Randy Turner, as the duly authorized agent for Restoration Systems, LLC in all matters related to regulatory issues. Mr. Turner has our permission to perform signatory duties on permit applications, permits and other documents related specifically to Clean Water Act regulatory actions, as well as regulatory actions that fall under the jurisdiction of the NCDENR such as Isolated Wetland Permits, Riparian Buffer Certificates, etc. If you agree with this designation, please forward this letter to your field offices. Restoration Systems has made this same designation to Ken Jolly for all future federal regulatory actions that fall under the jurisdiction of the Corps. Thanks for your time and consideration. Sincerely, ~"l____ John Prey ;r, Vice- resident cc: John Dorney, Program Development Pitot Mill • 1101 Haynes St., Suite 107 • Raleigh, NC 27604 • www.restorationsystems.com • Phone 919.755.9490 • Fax 919.755.9492 r `;.: i.., L. N A. M Mazch 12, 2007 Restoration Systems, LLC Attn: Travis Hamrick 1101 Haynes Street, Suite 107 Raleigh, North Carolina 27b04 Subject: Morgan Creek Stream and Wetland Restoration Site French Broad River Basin -Cataloging Unit 06010106 Haywood County Contract # D46035-A Dear Mr. Hamrick: n 7 n 4 9 4 RFCE~~ED On January 23, 2007 Restoration Systems, LLC submitted the subject Restoration Plan for the Morgan Creek Stream and Wetland Restoration Full Delivery Project. The plan proposes to restore a 3,Ob4 ft reach of Morgan Creek and three {3) unnamed tributaries to Morgan Creek (totaling approximately 9b5 ft). An estimated 4.2 acres of Riparian Wetland will be restored and appropriate vegetation will be planted along the riparian area of the project. The Ecosystem Enhancement Program (EEP) has completed its review of the restoration plan and has no additional comments at this time. Please proceed with acquiring all necessary permits and/or certifications and complete the implementation of the earthwork portion of the mitigation project (Task 4). A copy of this letter should be included with your 401/404 permit applications. If you have any questions, or wish to discuss this matter further, please contact me at (919) 715-1656 or email. at guy.pearce@ncmail.net. Sincerely, Guy C. Pe ce EEP Full Delivery Program Supervisor cc: files ~~~ _ _ NKlR North Carolina Etosysters Enaanfement Progra!r, b~2 Mai! 4ervite Center, r~a{ei~h, Ni 27a~r4-i65? ,' 41~-;~-~~7b ,' rr,=rw.t,;eep.r,e Office Use Only: Form Version March OS USACE Action ID No. DWQ No. 0 7 ~ ~ 4 9 4 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing PAYMENT RECEIVED 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit 27 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ N/A 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ N/A 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the t~p/Aof page 2 for further details), check here:~~~ II. Applicant Information ~~ D MAR 1 6 ZaQ7 Owner/Applicant Information Name: John Pre er G~N->E • wAt~a c~uuALi~Y v ~..~,...,,...~.....,..._._..,.,. Mailing Address: _ Restoration Systems, LLC 1101 Haynes Street Suite 107 Raleigh, North Carolina 27604 Telephone Number: 919-755-9490 Fax Number: 919-755-9492 E-mail Address: jpreyer(a~,restorationsystems.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: M. Randall Turner Company Affiliation: Restoration Systems, LLC Mailing Address: 1101 Haynes Street, Suite 107, Raleigh, North Carolina 27604 Telephone Number: (919) 755-9490 Fax_Number: (919) 755-9492 E-mail Address: rand~(~restorationsystems.com Updated 11/1/2005 Page 1 of 9 v , III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Morgan Creek Stream and Wetland Restoration Project 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): OSA8722-68-4970 and OSA8722-66-6784 4. Location 8. County: Haywood Nearest Town: Waynesville Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From Waynesville travel west on I-40 to exit 15; turn right on Fines Creek Road and travel +/- 3 miles; turn left onto Kirkpatrick Road (just past Fines Creek School/Library); Morgan's Creek is on right. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.6884 °N 82.9533 °W 6. Property size (acres): 10.24 7. Name of nearest receiving body of water: Fines Creek (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) River Basin: French Broad River Basin 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Site is a narrowly defined, 10.25 acre easement, which is oriented north-to- south along the eastern boundary of a narrow valley. Kirkpatrick Road (SR 1340), oriented north- to-south, lies lust to the west of the western boundary of the easement. The land use within the easement and beyond is predominately agriculture, Updated 1]/1/2005 Page 2 of 9 including hay production and cattle grazing. Stream scape is severely impacted by cattle activity. A few residential sites are located adjacent to the project easement. Relatively undisturbed woodland lies north and east of the site. 10. Describe the overall project in detail, including the type of equipment to be used: The primary objectives of this restoration project are to reestablish historic natural stream and wetland attributes. The existing stream reaches are highly degraded and historic riparian wetlands have been lost to past and present land use practices. Targeted stream reaches will be restored, using Rosgen Priority 1 methodologies, which will reestablish hydraulic connectivity to the adjacent floodplain. Efforts will restore aquatic habitats, stable riffle-pool complexes and appropriate geomorphic character based on attributes found in reference systems. Planting of riparian buffers on both sides of stream and installation of cattle exclusion fencing will reestablish functional wildlife habitat, water quality buffering and will protect the stream from cattle encroachment. Work proposed will include belt-width preparation and grading, floodplain bench excavation, channel excavation, installation of in-stream structures, and backfilling of the abandoned channel. Temporary pump-around methods will be used since existing and proposed channels are so tightly juxtaposed in several locations. Finally, following completion of channel work and floodplain grading activities, buffer and wetland plantings will be established. Equipment that will be utilized to implement the restoration plan may include, but is not limited to track hoes, front end loader, tracked dump trucks, and bulldozers. 11. Explain the purpose of the proposed work: Restoration Systems is proposing stream and wetland restoration at the Morgan Creek Restoration Site as a full delivery project to assist the North Carolina Ecosystem Enhancement Program in fulfilling its goals. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. No previous permits have been obtained or requested for this project. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No additional permit requests are anticipated. VI. Proposed Impacts to Waters of the United States/Waters of the State Updated 11/1!2005 Page 3 of 9 It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. 1. Provide a written description of the proposed impacts: Four stream reaches, including a portion of Morl:an Creek and three unnamed tributaries to Mor>:an Creek will be impacted as part of the project restoration efforts. Proposed impacts to these stream reaches are: Reach 1 (3,064 lf); Reach 2 (385 lf); Reach 3 (270 lf) and Reach 4 (310 1f1. Project site contains 14 small wetland area, remnants of a much lar;:er, multi-acre wetland matrix. If combined, these small wetlands would occupy 1.286 acres of land area. Of this area, the proposed project wilt unavoidably impact approximately 0.66 acre of wetland. It is important to point out that stream restoration will actually increase stream length by 2,096 lf. Existing wetland pockets are mostly sites that are heavily trodden by cattle. Project restoration efforts will provide functionality to more than 4 acres of jurisdictional wetlands. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number Type of Impact (Fill or Cut) 'T'ype of Wetland (forested, herbaceous, etc.) In 100-year Floodplain (y/n)? Distance to Stream (lt) Area of Impact (ac) 1 Cut Forested N/A <I' 0.015 2 Cut Forested/Disturbed N/A <1' 0.097 2A Cut Herbaceous N/A <1' 0.198 3 Cut Herbaceous N/A <2' 0.023 4 Fill Herbaceous N/A <1' 0.014 5 Cut Herbaceous N/A 25' 0.019 6 Fill Herbaceous NlA <1' 0.008 6A Cut Herbaceous N/A 75' 0 7 Fill Herbaceous N/A 125' 0.096 7A Cut Herbaceous N/A <I' 0 8 Fill Herbaceous N/A <1' 0.056 9 Fill Herbaceous N/A <1' 0.017 10 Cut Herbaceous N/A <I' 0.070 11 Cut Herbaceous/Forested N/A <1' 0.050 Total Wetland Impact (acres) 0.663 Updated 11/1/2005 Page 4 of 9 3. List the total acreage (estimated) of all existing wetlands on the property: 1.286 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact (indicate on ma) Before Impact (linear feet) (acres) Reach 1 Morgan Creek Fill Perennial 10 3064 0.703 Reach 2 Unnamed Trib Fill Perennial 6 385 0.053 Reach 3 Unnamed Trib Fill Perennial 5 270 0.031 Reach 4 Unnamed Trib Fill Perennial 4 310 0.028 Total Stream Impact (by length and acreage) 4029 0.815 s. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. N/A Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, Impact (indicate on map) bay, ocean, etc.) (acres) Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the nrciect: Stream Impact (acres): 0.815 Wetland Impact (acres): 0.663 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.815 Total Stream Impact (linear feet): 4029 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. N/A 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Updated 11/1/2005 Page 5 of 9 Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Existing, degraded stream channels will be restored using Rosen Priority 1 methods. Work will impact 4,029 If of impaired stream reaches, including Moran Creek Mainstem and 3 unnamed tribs. Resulting length of restored stream channels will increase to 5,160 lf. In addition stream restoration will facilitate restoration of more than 4 acres of riparian wetlands, while 0.66 acre of wetland will be impacted. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http:l/h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions Updated ll/t/2005 Page 6 of 9 and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N/A 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: N/A Amount of stream mitigation requested (linear feet): Amount ofbuffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount ofNon-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/Iocal) funds or the use of public (federal/state) land? Yes (funds from FHWA); No federal lands 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether aNEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ® No ^ A CE document has been prepared per FHWA guidance (See Appendix F in Restoration Plan) 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No See attached letter from the NCEEP. X. Proposed Impacts on Riparian and Watershed Suffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Updated 11/1/2005 Page 7 of 9 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. N/A * Impact Required Zone , ,,,..,..o F o+, Multiplier ,~,,,~, ,, _ I 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone I. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of.:.Property,'Rfparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. No impervious surface currently exists within the Site and no impervious .surface will result from the restoration activities. A sediment and erosion control plan approval will be obtained from the Division of Land Quality prior to construction. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Updated 11/1/2005 Page 8 of 9 Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The primary goals of this stream and wetland restoration project focus on improving water quality, enhancing flood attenuation, and restoring aquatic and riparian habitat. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control}. N/A /, d~-~/~i~~//!~~y' March 16, 2007 Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) 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NC 27614 (919) B465A00 • (919) 846-9467 Web Page'. www SantlEC com .. 0 7. 0 4 9 4 4+''.~r +,. c• ~~ ~. '/112 .~ ^ ~L ~ ~~'£~t ,t /,}~~' } 9' ~ a°C sue. ti_yt.* f~~r Reach 4 y ~~~ 7i~'~ '?c,. fry .~~~} ~~~~. ~i) ~ ..~~../~ ,,ttf~,--,:• yr4 ; s ~~~ r ~ t+ !i. '' ~It .` ,~ .. "o' , it ~ f ~~~~ VA's _1 ~" ..... Project Number: Map Title: 101 50.D I F(gure 2 - USGS Map Project Manager: PK`J" Morgan Creek Stream ~ Wetland Restoration Project Scale: Haywood County, NG I ~~ = I ~ 000 Date: Source: I /28/06 Fines Creek Quadrangle t ~ t ~ e. ~e r ;F ~ ~ ~~ 4 5oi1 & Environmenta3 Consultants, PA 11010 Raven Ridge Rd.• 42aleigh, NC 27614 {919) 846.5900 • (919) 846-9x67 Weo Page www.SandEC.com Project Number: Map Title: I 0 150.D i F)gure 3 -Sods Map ~_ ~ ~~`) ~~' ~ ~~' ~ ~ ~ Project Manager: PKS Morgan Creek Stream Scale: ~ Wetland Restoration Project I „ _ 500, Haywood County, NC Date: Source: 2/ 16/07 Haywood County Soil Survey Seil ~ Ensironmencal Consultants, P~ 11010 Raven R dga Rd.* Ra3aigh, NC 27614 (919j 846.590Q • (919) 846-94ti7 Web Page: www.SandEC.cam F' Project Number: 10150.D1 Project Manager: PKS Scale: I " = 500' Date: 2/ 16/07 Map Title: Figure 4 -Aerial Photo View Morgan Creek Stream ~ Wetland Restoration Project Haywood, NC Source: Fines Greek Quadrangle Sail & Env imnrnental Consultants, PA 11010 Raven Ridge Rd.~ Raleigh, NC 27614 (919) 846-59D0 ~ {919) 846.9467 54+eb Pagan www.SandEC.com ., .<1 ~ 1 ~ -fir ~. - '. ~ 4'• ti ~ ~ ..- L3. -]c'3 : °. tip. _ •„*. y _ .. het :. -s8 a %" ~ Project Number: Map Title: ~ ~ ~ ~ ~ ~~ I C I S~.D I Figure 5-Drainage Area ` Project Manager: fZeache5 I , 2, 3, ~ 4 PKJ Morgan Creek Stream ~ Soil & Environmental Consultants, PA Scale: ~ Wetland ReStoratlOn PrO~eGt 11010 Raven Ridge Rd.• Rale4ph, NC 27514 " = I 50~' Haywood County, NC (Web Fage~~~uww.SandEC-com7 e Date: Source: I ~ ~28~D6 ~FineS Creek Quadra.~.,~~~., N U N O rn 0 3 CD ~_ n O N c <-r N D m N c~ c`~ WETLAND I 0.085 ACRES EXISTING WATER LINE WETLAND 2 0.255 ACRES rn -~ v Wetland Summary Table O Impacted D Area Acreage I O.O 15 ac. .-~ 2 0.097 2A 0. 198 3 0.023 4 O.0 I ~~ 5 0.0 I ~~ 6 O.OOB ~ m 6A o 7 0.096 7A O 8 0.056 9 0.017 I 0 0.070 z I I 0.050 T;~ ~ , ._663_ (-Tl NOTES: I . SITE DATA AS DETERMINED BY LIMITED ENGINEERING SURVEY PERFORMED BY SPEC, AND SURVEYED BY K2 DESIGN GROUP, PA. 2. ALL LOCATIONS, ELEVATIONS, AND DIMENSIONS ARE APPROXIMATE. z 3. LOCATION OF PROPOSED CYIANNEL AND WETLANDS ARE APPROXIMATE AND MAY BE ADJUSTED BY ENGINEER AT TIME OF CONSTRUCTION. 4. STRUCTURE TYPE, NUMBER, AND LOCATIONS ARE APPROXIMATE AND MAY BE ADJUSTED BY ENGINEER AT TIME OF CONSTRUCTION. 5. WETLAND BOUNDARIES DELINEATED AND LOCATED BY GPS BY SPEC ON I I/2/06. ALL LOCATIONS ARE APPROXIMATE. -`~ PROPOSED ~ EXISTING --•i ~ CONTOURS ~ ROADS V, ' EXISTING RESTORED i~, STREAM Cf1ANNEL '\'~ STREAM CHANNEL a RESTORED ~~y LOG J-t100K (LJh) WETLANDS _\ ROCK J-NOOK (RJt1) ~ ~ EXISTING ~~ WETLANDS CROSS ROCK VANE <4 , R,t IMPACTED (CRV} M`~ WETLANDS Soil ~ Envlronmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 Phone: (919) 846-5900 F'ax: (919) 846-9467 aww.SandEC.com SCALE I " = 125' 125 6?_.5 0 125 CONTOUR INTERVAL = 2' -ro~ecc: Project No.: MORGAN CREEK loiso.o STREAM ~ WETLAND RESTORATION Prod. Mqr.: Dram PKS R° _ocat~on: Chem: NC ECOSYSTEM Scale: 1AYWOOD CO, NC ENHANCEMENT PROGRAM = 125' sheet Title: Sheet No.: TEMPORA2Y S~`~~EAAA AND WCTLAND EXISTING WETLAND 3 i . a CMP CULVERT .~ REACH 2 0.046 ACRES w ; ' WETLAND 4 ~t1 ~ * `p ~~. ~~~,~~, 0.0I 4 ACRES OT .• ~~ : ,.1, ' i ~ m 1 ~ ~3( ~N gC"~ .., - • ~ ~?~ /.:e 7iX~ '''A, `~___ WETLAND 6A ®~`~~. "~ cs, ~ AJ a ~ . ~ ~ ._. ... 0.058 ACRES ~~ ~ ~ d `4" WETLAND 5 EXISTING _/~ ~ ~! fir, '~ d '!moo 'ti ; CISTERN ~~ r , ~ y'l.r • 0.01 9 ACRES 5 '!i°" PROPOSED ~ ~~''~ / y, WETLAND 6 CULVERTED 4... u~ 0.008 ACRES ~;, ` '~~ CROSSING ~`~ ~ ~ "" \?: ;~ ~; REACH I WETLAND 2A ~ ~ 0.272 ACRES `1~ it+: PROPOSED ~I`~,~; ' LOW-WATER ~~'k-~~~ CROSSING ~ ~ r_ ~~ ~ `"~ ~` '~+'~` - PERMANENT I'~ ~ CONSERVATION j~;~!< EASEMENT I ~ I _ 'O'~ u ~ °'~~ a «; ~„- r I 6 N ~~ - ~ ~ ~-~ S f d Q' `~-° ,o \_ WETLAND 7A ' ~~ ~ 9'" Z'' ~ 0.020 ACRES DOT RIGHT OF WAY I ~ -., ~, I` 1~ WETLAND 8 I~ ~'~ ~~ ~ 0.06 I ACRES '~ "~ ~ ~ ' WETLAND 7 ~a . , J ,:~ ,, 0.096 ACRES REACH 3 O A Wetland Delineation Performed By: Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 (919) 846-5900 DATA FORM ROUTINE WETLAND DETERMINATION 7 0 4 9 4 (1987 COE Wetlands Delineation Manual) Project/Site: Morgan Creek / S&EC# 10150. D1 -Reach #1/WL 6 Date: 11-01-06 Applicant/Owner: Ferguson County: Haywood Investigator: KM, DCI State: N.C. Do Normal Circumstances exist on the site? Yes X No Community ID: Montane Alluvial Forest Is the site significantly disturbed (Atypical Situation)? X Yes No Transect ID: Is the area a potential Problem Area? Yes No Plot ID: WL 6 (If needed, ex lain on reverse. VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Juncus effusus Herb FACW+ 9. 2. Festuca sp. Herb FACU 10. 3. Vernonia noveboracensis Herb FAC+~ 11. Carex sp. Herb OBL 12. 5. Solidago sp Herb FAC 13. 6. Rubus sp. Shrub FAC 14. 7, 15. g, 16. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): 83% Remarks: HYDROLOGY _ Recorded Data (Describe in Remarks): Stream, Lake or Tide Gauge Aerial Photographs Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated X Saturated in Upper 12 Inches Sediment Deposits Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Depth of Surface Water: NA (in.) Water-Stained Leaves X Local Soil Survey Data Depth to Free Water in Pit: 7 (in.) X FAC-Neutral Test _ Other (Explain in Remarks) Depth to Saturated Soil: 4 (in.) Remarks: Wetland Delineation Performed By: Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 (919) 846-5900 PrOjeCt/Site: Morgan Creek / S&EC# 10150. D1 -Reach #1/WL 6 Plot ID: WL 6 SOILS Map Unit Name Drainage Class: Poorl (Series and Phase): Nikwasi Field Observations Taxonomy (Subgroup): Cumulic Humaquept Confirm Mapped Type? X Yes No Profile Description: Depth Matrix Color Mottle Color Mottle Texture, Concretions, inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-2 A p 10YR 4/2 Sand loam 2-12 A 10YR 6/1 Sand loam Hydric Soil Indicators: Histosol Concretions Histic Epipedon High Organic Content in Surface Lay er in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils X Aquic Moisture Regime X Listed on Local Hydric Soils List Reducing Conditions X Listed on National Hydric Soils List X Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: WETLANDS DETERMINATION Hydrophytic Vegetation Present? X Yes No Is this sampling point within a wetland? Wetland Hydrology Present? X Yes No X Yes No Hydric Soils Present? X Yes No Remarks: While slight variations were observed in other wetland areas, Wetland 6 is generally representative of vegetation, hydrology, and soil conditions observed in Wetlands 4, 5, and 6A. All wetland areas were observed to be severely degraded by human activities. Wetland Delineation Performed By: Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 (919) 846-5900 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Morgan Creek / S&EC# 10150. D1 -Reach #1/V1/L 7 Date: 11-01-06 Applicant/Owner: Ferguson County: Haywood Investigator: KM, DCI State: N.C. Do Normal Circumstances exist on the site? Yes X No Community ID: Montane Alluvial Forest Is the site significantly disturbed (Atypical Situation)? X Yes No Transect ID: Is the area a potential Problem Area? Yes No Plot ID: WL 7 (If needed, ex lain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Juncus effusus Herb FACW+ 9. 2. Festuca sp. Herb FACU 10. 3. Vernonia noveboracensis Herb FAC+ 11. Carex sp. Herb OBL 12. 5. Rosa multiflora Shrub UPL 13. 6. Rubus sp. Shrub FAC 14. Polygonum 7. pennsylvanicum Herb FACW 15. 8. Solidago sp. Herb FAC 16. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): 75% Remarks: HYDROLOGY Recorded Data (Describe in Remarks): Stream, Lake or Tide Gauge _ Aerial Photographs Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated X Saturated in Upper 12 Inches Sediment Deposits X Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required): X Oxidized Root Channels in Upper 12 Inches Depth of Surface Water: NA (in.) Water-Stained Leaves X Local Soil Survey Data Depth to Free Water in Pit: 2 (in.) X FAC-Neutral Test _ Other (Explain in Remarks) Depth to Saturated Soil: 0 (in.) Remarks: Wetland Delineation Performed By: Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 (919) 846-5900 ProjeCt/Site: Morgan Creek / S&EC# 10150. D1 -Reach #1/WL 7 Plot ID: WL 7 SOILS Map Unit Name Drainage Class: oorl (Series and Phase): Nikwasi Field Observations Taxonomy (Subgroup): Cumulic Humaquept Confirm Mapped Type? Yes X No Profile Description: Depth Matrix Color Mottle Color Mottle Texture, Concretions, inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-8 Ap 10YR 3/2 Sandy loam 8-12+ Btg 10YR 5/2 10YR 5/6 Few distinct Cla loam Hydric Soil Indicators: Histosol Concretions Histic Epipedon High Organic Content in Surface Laye r in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils X Aquic Moisture Regime Listed on Local Hydric Soils List Reducing Conditions X Listed on National Hydric Soils List X Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: More like Hemphill series (umbric endoaqualf) from texture standpoint but not umbric WETLANDS DETERMINATION Hydrophytic Vegetation Present? X Yes No Is this sampling point within a wetland? Wetland Hydrology Present? X Yes No X Yes No Hydric Soils Present? X Yes No Remarks: While slight variations were observed in other wetland areas, Wetland 7 is generally representative of vegetation, hydrology, and soil conditions observed in Wetlands 7A, 8, and 9. All wetland areas were observed to be severely degraded by human activities. Wetland Delineation Performed By: Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 (919) 846-5900 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) ProjecUSite: Morgan Creek / S&EC# 10150. D1 -Reach #1NVL 11 Date: 11-01-06 Applicant/Owner: Ferguson County: Haywood Investigator: KM, DCI State: N.C. Do Normal Circumstances exist on the site? Yes X No Community ID: Montane Alluvial Forest Is the site significantly disturbed (Atypical Situation)? X Yes No Transect ID: Is the area a potential Problem Area? Yes No Plot ID: WL 11 If needed, explain on reverse. VEGETATION Dominant Plant Species .Stratum Indicator Dominant Plant Species Stratum Indicator 1. Juncus effusus Herb FACW+ 9. 2. Solidago sp. Herb FAC 10. 3. Carex sp. Herb OBL 11. Vernonia noveboracensis Herb FAC+ 12. _ Pol ygonum 5. pennsylvanicum Herb FACW 13. 6. Agrimonia parviflora Herb FAC 14. 7. Rubus sp. Shrub FAC 15. 8. Smilax rotundifolia Vine FAC 16. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): 100% Remarks: HYDROLOGY Recorded Data (Describe in Remarks): Stream, Lake or Tide Gauge Aerial Photographs Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated X Saturated in Upper 12 Inches Sediment Deposits X Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required): X Oxidized Root Channels in Upper 12 Inches Depth of Surface Water: 0 (in.) Water-Stained Leaves X Local Soil Survey Data Depth to Free Water in Pit: 3 (in.) X FAC-Neutral Test _ Other (Explain in Remarks) Depth to Saturated Soil: 0 (in.) Remarks: Wetland Delineation Performed By: Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 (919) 846-5900 Project/Site: Morgan Creek / S&EC# 10150. D1 -Reach #1/WL 11 Plot ID: WL 11 SOILS Map Unit Name Drainage Class: oorl (Series and Phase): Nikwasi Field Observations Taxonomy (Subgroup): Cumulic Humaquept Confirm Mapped Type? Yes X No Profile Description: Depth Matrix Color Mottle Color Mottle Texture, Concretions, inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-10 Ap 10YR 3/2 Sand loam 10-14+ Btg 10YR 6/2 10 YR 5/6 Few distinct Cla loam Hydric Soil Indicators: Histosol Concretions Histic Epipedon High Organic Content in Surface Laye r in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils X Aquic Moisture Regime Listed on Local Hydric Soils List Reducing Conditions X Listed on National Hydric Soils List X Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: More like Hemphill series (umbric Endoaqualf) from texture standpoint but not umbric WETLANDS DETERMINATION Hydrophytic Vegetation Present? X Yes No Is this sampling point within a wetland? Wetland Hydrology Present? X Yes No X Yes No Hydric Soils Present? X Yes No Remarks: While slight variations were observed in other wetland areas, Wetland 11 is generally representative of vegetation, hydrology, and soil conditions observed in Wetlands 3 and 10. All wetland areas were observed to be severely degraded by human activities. Wetland Delineation Performed By: Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 (919)846-5900 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) ProjeCt/Site: Morgan Creek / S&EC# 10150. D1 -Reach #2/WL 1 Date: 11-01-06 Applicant/Owner: Ferguson County: Haywood Investigator: KM, DCI State: N.C. Do Normal Circumstances exist on the site? Yes X No Community ID: Montane Alluvial Forest Is the site significantly disturbed (Atypical Situation)? X Yes No Transect ID: Is the area a potential Problem Area? Yes No Plot ID: WL 1 (If needed, ex lain on reverse. VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Juncus effusus Herb FACW+ 9. Lonicera japonica Vine FAC- 2. E/eocharis sp. Herb OBL 10. Carex sp. Herb OBL 3. Liriodendron tulipifera Tree FAC 11. Solidago sp. Herb FAC Lindera benzoin Shrub FACW 12. 5. Rubus sp. Herb FAC 13. 6. Agrimonia parviflora Herb FAC 14. 7. Hamame/is virginiana Shrub FACU 15. 8. Rosa multiflora Shrub UPL 16. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): 73% Remarks: HYDROLOGY Recorded Data (Describe in Remarks): Stream, Lake or Tide Gauge Aerial Photographs Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated X Saturated in Upper 12 Inches Sediment Deposits X Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Depth of Surface Water: NA (in.) Water-Stained Leaves X Local Soil Survey Data Depth to Free Water in Pit: 2 (in.) X FAC-Neutral Test _ Other (Explain in Remarks) Depth to Saturated Soil: 0 (in.) Remarks: Wetland Delineation Performed By: Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 (919) 846-5900 PrOject/Slte: Morgan Creek / S&EC# 10150. D1 -Reach #2/WL 1 PIOt ID: WL 1 SOILS Map Unit Name Drainage Class: Poorl (Series and Phase): Nikwasi Field Observations Taxonomy (Subgroup): Cumulic Humaquept Confirm Mapped Type? X Yes No Profile Description: Depth Matrix Color Mottle Color Mottle Texture, Concretions, inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-4 A p 10YR 3/2 Sand loam 4-14+ A 10YR 6/2 Sand loam Hydric Soil Indicators: Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils X Aquic Moisture Regime X Listed on Local Hydric Soils List Reducing Conditions X Listed on National Hydric Soils List X Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: WETLANDS DETERMINATION Hydrophytic Vegetation Present? X Yes No Is this sampling point within a wetland? Wetland Hydrology Present? X Yes No X Yes No Hydric Soils Present? X Yes No Remarks: While slight variations were observed in other wetland areas, Wetland 1 is generally representative of vegetation, hydrology and soil conditions observed in Wetlands 2 and 2A. Wetlands 2 and 2A did however exhibit less woody vegetation than that of Wetland 1. Wetlands 2 and 2A were also observed to be severely degraded by human activities. North Carolina Department of Cultural Resources State Historic Preservation Office Pctcr B, 5audbcck, Administrator Michael I'. Carley, Governor Lisbcth C. Evans, Secretary Jeffrey J. Crow, Deputy Secretary .August 17, 2006 pfiice ofArchives and History Division of Historical Resources David Brook, Diroctor• ' Travis Hamrick v 0 7 0 4 8 4 Restoration Systems, LLC 1101 I Iaynes Street, Suite 107 Raleigh; NC 27604 Re: EEP Morgan Creek Stream and Wetland Restoration, Haywood County, ER 06-2013 Dear Mr, Hamrick: Thank you for your letter of July 25, 2006, concerning the above project, There are no known recorded archaeological sites within the project boundaries. T-Iowever, the project area has never been systematically surveyed to determine the location or significance of archaeological resources. Based on the topographic and hydrological situation, there is a high probability for the presence of prehistoric or historic archaeological sites. We recommend that a comprehensive survey be conducted by an experienced archaeologist to identify and evaluate the significance o£ archaeological remains that maybe damaged or destroyed by the proposed project. Potential effects on unknown resources must be assessed prior eo the initiation of construction activities. Two copies of the resulting archaeological survey report, as well as one copy of the appropriate site forms, should be forwarded to us for review and comment as soon as they are available and well in advance of any construction activities. A list Uf archaeological consultants who have conducted or expressed an interest in contract work in North. Carolina is available at wy.~w.arch.dcr.state.tlc,tasl_c_t~K~sults.htt7~t, The archaeologists listed, or any other experienced archaeologist, may be contacted to conduct the recommended survey. The above comments are made pursuant to Section 106 0£ the National I Iistaric Preservation .Act and the 1~dvisoxy Council on Historic Preservation's Regulations far 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, contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763 ext. 246. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, i M ~~~~~~ ~'eter Sandbeck Location Mailing Address xaepnouen~xx A[ 1NI5'M'RATION 507 N. Blount Street, Raleigh NC 4617 Mail Service Center, Raleigh NC 27699-4617 (919)733-47631'133-8653 RG TORATION 515 N. Blount Street, Raleigh NC 4617 Mail Service Ccntor, Raleigh NC 27699-46 { 7 (919)733-6547!71 S-4$01 SURVCY & P1.,ANN(NG 515 N. Blount Street, Raleigh, NC 4617 Mail Service Center, Raleigh NC 27699-4617 (919)733-6545Y715-4801 DRAFT REPORT Archaeological Survey EEP Morgan Creek Stream and Wetland Restoration Haywood County, North Carolina ER 06-2013 Prepared for Restoration Systems, LLC 1 1 O1 Haynes Street Suite 107 Raleigh, North Carolina 27604 By Legacy Research Associates, Inc. 600 Foster Street Durham, North Carolina 27701 September 25, 2006 Archaeological Survey EEP Morgan Creel<Stream and Wetland Restoration Haywood County, North Carolina MANAGEMENT SUMMARY Legacy Research Associates Inc. (Legacy) of Durham, North Carolina, has completed the archaeological survey for the Ecosystem Enhancement Program (EEP) Morgan Creek Stream and Wetland Restoration in Haywood County, North Carolina (ER 06-201 3). This work was conducted for Restoration Systems, LLC, of Raleigh, North Carolina. The Morgan Creek project involves the restoration of 1.3 km (4,300 linear feet) of stream channels and 2 hectares (5 acres) of wetland restoration. The purpose of the archaeological survey was to locate, document, and conduct National Register of Historic Places (NRHP)-eligibility evaluation investigations for archaeological resources that may be affected by the stream and wetland restoration project. This work complies with the National Historic Preservation Act of 1966 (as amended), the Archaeological and Historical Preservation Act of 1974, Executive Order 1 1 593, and 36 CFR Parts 660-66 and 800 (as appropriate). It meets the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation (Federal Register 48). All information submitted in this report is factual and sufficiently complete to enable the North Carolina State Historic Preservation Officer (SHPO) to perform the necessary reviews. Background Research A review of state and local survey data was completed prior to the archaeological survey. This included the files at the North Carolina Office of State Archaeology (OSA) and collections held at the North Carolina State Library in Raleigh. Research identified five previously recorded archaeological sites within 1 .6 km (1 mi) of the project. None of the sites are located within the project boundaries. Additionally, based on the topographic and hydrological situation, the North Carolina SHPO determined there to be a high probability for the presence of prehistoric and/or historic archaeological sites within the project boundaries. Field Investigations Results and Recommendations Archaeological survey for the project was conducted by Legacy between September 1 1 and 1 3, 2006. Deborah Joy served as project director and Jared Roberts served as field director; Rhonda Cranfill-Moran, Johann Furbacher, Chris Pettyjohn, Andrea Prentis, and )ay Stevens assisted. One archaeological isolated find (Isolated Find 1) was recorded within the project Area of Potential Effects (APE) during the survey (Figure 1). This isolated find is dual component with two prehistoric lithics and one historic whiteware fragment. This site is not recommended as being eligible for the NRHP, no further archaeological work is needed. Archaeological Survey EEP Morgan Creek Stream and Wetland Restoration Haywood County, North Carolina .~vi STA'tg4, ~~. AY .~y,~ rye y~'WUL VI.I~.X WAM North Carolina Department of Cultural Resources Stste Historic Preservation Office Peter B. Sandbeck, Administrator Michael r. )yasley, Governor Lisbeth C. Evans, Secretary Jeffrey J. Crow, Deputy Secretary November 16, 2006 Travis Hamrick u~; , ,, p ~~~v~ NOV 1 `~ 200 ..; Office ofArchives and History Division of Historical Resources David Brook, Director Restoration Systems, LLC ~1(; «-.®.««...««.«4-~-••» 2101 Haynes Street, Suite 107 , Raleigh, NC 27604 Re: GEP Morgan Creeeli Stream and Wetland Restoration, Haywood County, ER 06-2013 Dear Mr. Hamrick: Thank you for your letter transmitting the archaeological survey report by Legacy Research Associates, Inc. £or the above project. The report meets our guidelines and those of the Secretary of the Interior. During the course of the survey, one site was located within the project area. The xepoxt author has recommended that no further archaeological investigation be conducted in connection with this project. We concur with this recalnmendation since the project wall. not involve significant archaeological resources. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you far your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill.-barley; environmental review coordinator, at 919/733-4763 ext. 246. In all future communication concerning this project, please cite the above referenced tracl~ing number. Sincerely, ~~~.~` etcr Sandbeck cc: Legacy Research Associates, Inc. Location Mailing Address Tclephonc/I+ax ADMINISTRATION 507 N, Blount Street, Raleigh NC 4617 Mail Servico Center, Raleigh NC 27699-4617 (919)733.4763/733-8653 RTSTORATION S15 N. Blount Street, Raleigh NC 4617 Mail Service Center, Raleigh NC 27649.4617 (919}733.6547/715-4801 SURVEY & PLANNING 515 N, Blount Street, Raleigh, NC AG17 Mail 5ervicc Center, Raleigh NC 27699-4617 (919}733.6545/715-4801 0 0.45 ~` ACRES 0.13 .~.-._ `~ J // ACRES ~ @, ~ M /ff p k ,_ ,r.."""..~,` ~ ~ S 5.81 ' ~~ \ `' ACRES /~"`~ ~~ ~,.. ~~~ o.z~ ~ e. ACRES ~ e ! U \ Y 1~ ~. ~ ti 0 N ~~ ~ ~ 1 `; ~" ~ 1 ~ ~ ..~+ ~~ 1 ~ ~a e 4.~~ TOTAL ACREAGE = 10.24 ACRES ~'~ ~ ;~ ~ EXCLUDING ALL ~~ R/W S, ACCESS !, EASEMENTS, ETC. ' `-~ I I a~, ~ ~.. ~: I I i . I l ~. I I ~ 3.58 I IACRES fi I I 7~ li l I / ~ ~ ~\ f \ ~ ~ ,,~,,x. MORGAN CREEK ~, ~ ,,,/ CONSERVATION EASEMENT I I/ SCHEMATIC ` ` -}- V~ aY z~ 0 Q 0