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HomeMy WebLinkAbout20201408 Ver 1_401 Application_20210106ab ao / 1W mmmmwa 150 9001:2008 CERTIFIED ENGINEERS - PLANNERS - SCIENTISTS - CONSTRUCTION MANAGERS KCI4505 Falls of Neuse Rd., Suite 4(K1 - Raleigh, NC 27(X)9 - Phone 919-783-9214 - Fax 919-783-9266 ASSOCIATES OF NC RECEIVFD'NC'F�'DWR November 24, 2020 NC Division of Water Resources JAN 0 6 2021 401 & Buffer Permitting Unit Non-Dlscoarge 1617 Mail Service Center permitting UM Raleigh, NC 27699-1617 Subject: Pre -Construction Notification: Nationwide Permit 27 & General Certification No. 4134 Beaverdam Creek Dam Removal Haywood County, North Carolina To Whom It May Concern, Please find the attached Pre -Construction Notification (PCN) and supporting documentation to apply for a Nationwide Permit (NWP) No. 27 & General Certification No. 4134 for the Beaverdam Creek Dam Removal in Canton, NC. The Beaverdam Creek Dam is a privately owned dam and is a complete barrier to upstream movement of aquatic species on the Beaverdam Creek. As outlined in this application, the dam is proposed to be removed to restore connectivity of aquatic populations, lotic stream habitat, and other ecological functions of Beaverdam Creek. Other purposes include reducing upstream flooding and restoring streambanks and riparian habitat. The Beaverdam Creek Dam is of concrete construction and has a structural height of approximately 12 ft and a length of approximately 65 ft. The dam is currently not maintained, and the normal pool water surface elevation is at times affected by one low-level gate outlet that passes through the spillway section of the dam and is consistently open. In the past this gate has breached, and the impoundment and sediment has drained through the gate. Currently the gate is clogged with debris and flows are going over the top of the dam. The project will remove and demolish the dam structure. If the natural rock and concrete from the dam meets the proper specifications and is free of metal, it will be used for stream bank stabilization or other in -stream structures. Excess rock and concrete will be taken to a certified disposal site in coordination with the City of Canton. No mitigation credit is being sought for this project. The project area was delineated by KCI Associates of NC on April 17, 2017. A preliminary jurisdictional determination request is included within this permit package. The only jurisdictional water within the project area is Beaverdam Creek for a total of 4781f. The jurisdictional request only covers the immediate project area where disturbance is to occur, but the entire limits of the upstream impounded area were assessed in April 2017. There were no wetlands within that area that would be affected by lowering the impoundment. f mplrx rr-(hrni'd Since 1988 RISE TO THE CHALLENGE lb'WW.M.Com Stream impacts are due to excavation of the dam impoundment. The stabilization of the stream banks in the vicinity of the dam will involve addition of rock material and installation of soil lifts and live stakes. Additionally, a total of 1,570 tons of sediment will be released due to the dam removal but will meet the 'de minimis' sediment condition. The North Carolina State Historic Preservation Office (NC SHPO) reviewed the project and provided a letter of concurrence dated May 5, 2017 that the project will have no effect on archaeological or architectural resources. The preceding information, along with the enclosed Pre -Construction Notification, Vicinity map, USGS map, Soils map, Jurisdictional Features map, and Impact map. Additional attachments include Site Plans, de minimis condition and other supporting hydraulic analyses memo, an Impact Map, and NC SHPO correspondence. A copy of this application is also being provided to the NC Division of Water Resources for their review. If you have any questions or need additional information please contact me at your earliest convenience at (919) 278-2514 or adam.spiller@kci.com. Sincerely, KCI Associates of North Carolina GfiL' i Adam Spiller Regional Practice Leader Cc: David Brown, USACE Erin McCombs, American Rivers Employee -Owned Since 1988 RISE TO THE CHALLENGE W"I.W.coM Joe Sullivan From: laserfiche@ncdenr.gov Sent: Friday, November 6, 2020 12:02 AM To: Joe Sullivan Cc: amy.annino@ncdenr.gov Subject: Pre -Filing Time Clock has been reached for Beaverdam Creek Dam Removal - Beaverdam Creek Dam Removal - 20201408 Ver 1 Attachments: DWR Pre -Filing Meeting Request Form.pdf The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Beaverdam Creek Dam Removal that you submitted on 10/6/2020. The ID number for that project is 20201408, Version 1. Your Pre -Filing Meeting Request has now reached the 30 calendar days' requirement and your application can now be accepted. When you submit your application please upload a copy of the attached document in this email. This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as responses are not monitored. ID#k 20201408 Version* 1 Regional Office * Asheville Regional Office - (828) 296-4500 Reviewer List" Amy Annino Pre -Filing Meeting Request submitted 10/6/2020 .......................................................-_........................._................._ __ .. _........................ Contact Name * Joseph Sullivan Contact Email Address Project Name * Project Owner Project County* Owner Address: joe.sullivan@kci.com Beaverdam Creek Dam Removal J N Powell Jr. Family LTD PTNRP Haywood Street Address PO Box 10 Address Line 2 aty Clyde Fbstal / Zip CaiF 28721 Is this a transportation project?* r Yes r No Type(s) of approval sought from the DWR: * 401 Water Quality Certification - F- 401 Water Quality Certification - Regular Express * Individual Permit r Modification r Shoreline Stabilization Does this project have an existing project ID#? r Yes r: No Sate I Rowince I Rxjm NC G-ntrY us Do you know the name of the staff member you would like to request a meeting with? Please give a brief project description below.'` The Beaverdam Creek Dam is a privately owned dam and is a complete barrier to upstream movement of aquatic species on the Beaverdam Creek. As outlined in this application, the dam is proposed to be removed to restore connectivity of aquatic populations, lotic stream habitat, and other ecological functions of Beaverdam Creek. Other purposes include reducing upstream flooding and restoring streambanks and riparian habitat. The Beaverdam Creek Dam is of concrete construction and has a structural height of approximately 12 ft and a length of approximately 65 ft. The dam is currently not maintained, and the normal pool water surface elevation is at times affected by one low-level gate outlet that passes through the spillway section of the dam and is consistently open. In the past this gate has breached, and the impoundment and sediment has drained through the gate. Currently the gate is clogged with debris and flows are going over the top of the dam. The project will remove and demolish the dam structure. If the natural rock and concrete from the dam meets the proper specifications and is free of metal, it will be used for stream bank stabilization or other in -stream structures. Excess rock and concrete will be taken to a certified disposal site in coordination with the City of Canton. No mitigation credit is being sought for this project. Please give a couple of dates you are available for a meeting. 10/9/2020 10/26/2020 10/12/2020 10/23/2020 Please attach the documentation you would like to have the meeting about. 7. Beaverdam Creek Plans 90%.pdf 2.31VIB PCK o* By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature Submittal Date 10/6/2020 dna SPATE q NORTH CAROLINA Environmental Quality Water Resources Office Use Only Corps Action ID no. [Click to enter.] Date received: [Click to enter.] DWR project no. [Click enter.] Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 35.5420 Longitude (DD.DDDDDD): 82.8458 Form Version 1.5, September 2020 Pre -Construction Notification (PCN) Form (Ver. 1.5, September 2020) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk ° are required. The form is not considered complete until all mandatory questions are answered. The online help file may be found at this link: https://edocs.deg.nc.gov/WaterResources/O/edoc/624704/PCNo/`20Help%20File%202018-1-30.pdf The help document may be found at this link: http://www.saw.usace.army.m it/Missions/Regulatory-Perm it-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Before submitting this form, please ensure you have submitted the Pre -Filing Meeting Request Form as DWR will not be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used to satisfy 40 C.F.R. Section 121.4(a) which states "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all certification requests must include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Attach documentation of Pre -Filing Meeting Request to this Application. Date of Pre -filing Meeting Request (MM/DD/YYYY) `: 10/6/2020 DWR ID # 20201408 Version 1 (If applicable) A. Processing Information County (counties) where project is located: Haywood Additional (if needed). Is this a public transportation project? ' (Publicly funded municipal, state, or federal road, rail, ❑ Yes M No or airport project) Is this a NCDOT project? ' ❑ Yes ® No If yes, NCDOT TIP or state project number: N/A If yes, NCDOT WBS number: " N/A ® Section 404 Permit (wetlands, streams, waters, 1 a. Type(s) of approval sought from the Corps: Clean Water Act) ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Page 1 of 20 PCN Form - Version 1.5, September 2020 N Nationwide Permit (NWP) 1 b. Permit type(s)? ' ❑ Regional General Permit (RGP) ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as separate attachments and submitted with this form. 1c. Has the NWP or GP number been verified by the Corps?' N Yes ❑ No NWP number(s): 27 RGP number(s): Click to enter. 1d. Type(s) of approval sought from the DWR (check all that apply): N 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑ Individual 401 Water Quality Certification 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: ' ❑ Yes N No For the record only for Corps Permit: ' ❑ Yes N No 1f. Is this an after -the -fact permit/certification application? ` ❑ Yes N No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ❑ Yes N No If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? ` ❑ Yes N No 1 i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? ❑ Yes N No ❑ Unknown 1j. Is the project located in a designated trout watershed? ` ❑ Yes N No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: http://www.saw.usace.army.miI/Missions/Requlatory-Permit- Program/Agency-Coordination/Trout.aspx Page 2 of 20 PCN Form - Version 1.5, September 2020 B. Applicant Information 1a. Who is the primary contact? * Erin McCombs (Conservation Director for Southern Appalachia) 1 b. Primary Contact Email: * emccombs@americanrivers.org 1c. Primary Contact Phone: * (###)###-#### (828)649-7887 1d. Who is applying for the permit/certification? * (check all that apply) ❑ Owner ® Applicant (other than owner) 1 e. Is there an agent/consultant for this project?* ® Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: * J N Powell Jr. Family LTD PTNRP, Viola Forga Trust, David Collins Brooks, and Hope Andrews 2b. Deed Book and Page No.: DB 610 / PG 875, DB 926 / PG 768, and DB 1011 / PG 1053 2c. Responsible Party (for corporations): N/A 2d. Address Street Address: See attached response. Address line 2: See attached response. City: See attached response. State/ Province/ Region: See attached response. Postal/ Zip Code: See attached response. Country: See attached response. 2e. Telephone Number: * (###)ft# See attached response. 2f. Fax Number: (###)###-### # N/A 2g. Email Address: * See attached response. 3. Applicant Information (if different from owner) 3a. Name: * Erin McCombs (Conservation Director for Southern Appalachia) 3b. Business Name (if applicable): American Rivers 3c. Address: Street Address: 46 Orchard Street Address line 2: Click to enter. City: Asheville State/ Province/ Region: NC Postal/ Zip Code: 28801 Country us Page 3 of 20 PCN Form - Version 1.5, September 2020 3d. Telephone Number: ' (###)#lei#- (828)649-7887 3e Fax Number: (###)###-#### N/A 3f. Email Address: ' emccombs@americanrivers.org 4. Agent/ Consultant (if applicable) 4a. Name: * Adam Spiller 4b. Business Name: KCI Associates of NC 4c. Address: Street Address: 4505 Falls of Neuse Road, Suite 400 Address line 2: Click to enter. City: Raleigh State/ Province/ Region: NC Postal/ Zip Code: 27609 Country: us 4d. Telephone Number: * (###)Of-#### (919)783-2514 4e Fax Number: (###)###-#### (919)783-9266 4f. Email Address: ' adam.spiller@kci.com Agent Authorization Letter:` Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: https://www.saw. usace.army. m it/Missions/ReguIatory-Perm it-Program/Perm its/2017-Nationwide-Perm its/Pre- construction-Notification/ Page 4 of 20 PCN Form - Version 1.5, September 2020 C. Project Information and Prior Project History 1. Project Information 1 a. Name of project: * Beaverdam Creek Dam Removal 1 b. Subdivision name (if appropriate): N/A 1c. Nearest municipality/town: ` Canton 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 8657641379, 8657642381, 8657643535, 8657643400 2b. Property size (in acres): 0.9 2c. Project Address: Street Address: 328 Champion Drive Address line 2: Click to enter. City: Canton State/ Province/ Region: NC Postal/ Zip Code: 28716 Country: US 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): ' Latitude (DD.DDDDDD): ` 35.5420 Longitude (-DD.DDDDDD): -82.8458 3. Surface Waters 3a. Name of nearest body of water to proposed project: ` Beaverdam Creek 3b. Water Resources Classification of nearest receiving C water: " The Surface Water Classification map may be found at this link: https://ncdenr.maps.arcqis.com/apps/webappviewer/index.html?id=6el 25ad7628f494694e259c80dd64265 French Broad 3c. In what river basin(s) is your project located? " Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is 060101060100 located: The Find Your HUC map may be found at this link: https://ncdenr.mai)s.arcgis.com/apps/Pu bliclnformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3 Page 5 of 20 PCN Form - Version 1.5, September 2020 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * he Beaverdam Creek Dam is an obsolete concrete dam. The dam is approximately 12 feet high and 65 feet long spanning Beaverdam Creek. Two of the adjacent parcels are residential with maintained lawns and the third is in early successional forest. The banks of the river are partially forested,but much of the eastern bank has been cleared. Land use in the vicinity of the project includes low -density residential development and industrial use. 4b. Have Corps permits or DWR certifications been obtained for this ❑ Yes ® No ❑ Unknown project (including all prior phases) in the past? * 4c. If yes, please give the DWR Certification number and/or Corps [Click to enter.] Action ID (ex. SAW-0000-00000): jClick to enter.] Attach any pertinent project history documentation 4d. Attach an 8'/2 x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8% x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the 0 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent 478 linear feet and perennial) on the property: 4g1. List the total estimated acreage of all existing open waters on the 0 acres property: 4h. Explain the purpose of the proposed project: To remove the Beaverdam Creek Dam to restore connectivity of aquatic populations, lotic stream habitat, and other ecological functions of Beaverdam Creek. Other purposes include reducing upstream flooding, and restoring streambanks and riparian habitat. 4i. Describe the overall project in detail, including the type of equipment to be used: The dam structure will be demolished and removed. Reusable concrete and rock (without rebar or other metal) in the dam structure will be isolated and used for stream bank stabilization and in -stream structures. Leftover material will be disposed of at an offsite location in coordination with the City of Canton. As indicated in the plans, portions of the stream banks will be graded and stabilized with bioengineering and native vegetation. The impounded sediment will be released over time due to the dam removal but will meet the 'de minimis' sediment condition required by the permits. Please see the attached sediment analysis for supporting information on 'de minimis' conditions. A variety of heavy equipment may be used for this project, including track hoes (with a hydraulic hammer), front-end loaders, back hoes, and dump trucks. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in ® Yes ❑ No ❑ Unknown proposed impact areas? Comments: Preliminary JD Request included within this application Page 6 of 20 PCN Form - Version 1.5, September 2020 Name (if known): Joseph Sullivan 5b. If 5a is yes, who delineated the jurisdictional areas? an enc Ag y /Consultant Company: KCI Assiciates of NC Other: Click to enter. 5c. If the Corps made a jurisdictional determination, ❑ Preliminary ❑ Approved ❑ Emailed Concurrence what type of determination was made? ' ® Not Verified ❑ Unknown Corps AID number (ex. SAW-0000-00000): Click to enter. 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. Click to enter. 5d1. Attach jurisdictional determinations. Page 7 of 20 PCN Form - Version 1.5, September 2020 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Click to enter. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. Click to enter text. Page 8 of 20 PCN Form - Version 1.5, September 2020 D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project (check all that apply): ❑ Wetlands ❑ Buffers ❑ Pond Construction ® Streams - tributaries ❑ Open Waters 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. 2a1. 2b. 2c. 2d. 2e. 2f. 2g. Site #* Impact Impact Wetland Name* Wetland Type* Forested Jurisdiction Impact Area Reason/Type* Duration* ?* Type* (ac)* W1 Choose one Temp/ Click to enter Choose one Y/N Choose one Click to Perm enter W2 Choose one Temp/ Click to enter Choose one Y/N Choose one Click to Perm enter W3 Choose one Temp/ Click to enter Choose one Y/N Choose one Click to Perm enter W4 Choose one Temp/ Click to enter Choose one Y/N Choose one Click to Perm enter W5 Choose one Temp/ Click to enter Choose one Y/N Choose one Click to Perm enter Choose one Temp/ Click to enter Choose one Y/N Choose one Click to W6 Perm enter 2g1. Total temporary wetland impacts Click to enter. ac 2g2. Total permanent wetland impacts Click to enter. ac 2g3. Total wetland impacts Click to enter. ac 2h. Comments: Click to enter text. Page 9 of 20 PCN Form - Version 1.5, September 2020 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. All Perennial or Intermittent streams must be verified by DWR or delegated local government Site #* 3a. Impact Reason/ Type* 3b. Impact Duration* 3d. Stream Name* 3e. Stream Type* 3f. Jurisdiction Type* 3g. Stream Width (avg ft) " 3h. Impact length (linear ft) S1 Excavation Permanent Beaverdam Creek Perennial Both 20 251 S2 Bank Stabilization Permanent Beaverdam Creek Perennial Both 20 406 S3 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S4 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S5 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S6 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S7 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S8 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S9 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S10 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S11 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S12 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S13 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S14 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S15 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: Click to enter. linear ft 32. Total permanent stream impacts: 657 linear ft 32. Total temporary stream impacts: Click to enter. linear ft 34. Total stream and ditch impacts: Click to enter. linear ft 3j. Comments: Stream impacts are due to excavation and stabilization of the dam impoundment. The stabilization of the stream banks in the vicinity of the dam will involve addition of rock material and installation of soil lifts and live stakes. Additionally, a total of 1,570 tons of sediment will be released over time due to the dam removal, but will meet the 'de minim is' sediment condition. Page 10 of 20 PCN Form - Version 1.5, September 2020 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S., individually list all open water impacts in the table below. 4a. 4b. 4c. 4d. 4e. 4e1. 4f. Site #* Impact Reason/ Impact Waterbody Name* Waterbody Jurisdiction Impact area (ac)* Type* Duration* Type* Type* 01 Choose one Temp/ Click to enter. Choose one Choose one Click to enter. Perm 02 Choose one Temp/ Click to enter. Choose one Choose one Click to enter. Perm 03 Choose one Temp/ Click to enter. Choose one Choose one Click to enter. Perm 04 Choose one Temp/ Click to enter. Choose one Choose one Click to enter. Perm 4g. Total temporary open water impacts Click to enter. ac 4g. Total permanent open water impacts Click to enter. ac 4g. Total open water impacts Click to enter. ac 4h. Comments: Click to enter. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or Wetland Impacts (ac) Stream Impacts (ft) Upland # purpose of pond Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P2 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5f. Total Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5g. Comments: Click to enter. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter. Page 11 of 20 PCN Form - Version 1.5, September 2020 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)? * (Check all that apply.) ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Jordan ❑ Goose Creek ❑ Randleman ❑ Other: Click to enter. Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) 131 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 62 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 63 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 134 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 135 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 136 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B7 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 138 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 69 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6i. Comments: Click to enter. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 12 of 20 PCN Form - Version 1.5, September 2020 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: The project will involve the removal of a deteriorated dam structure and the stabilization of adjacent stream banks and the stream bed. Analyses were conducted to minimize sediment release during the dam removal. Existing USGS gage data from similar systems was analyzed and hydraulic modeling was performed per USACE guidance to determine the 'de minimis' sediment condition on Beaverdam Creek. Iterations of hydraulic model runs were performed to determine the appropriate phasing and timing of the dam removal in order to meet the 'de minimis' condition. Please see the attached memo regarding the 'de minimis' condition analysis. The design also incorporates erosion and sediment control measures to minimize sediment release during construction. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: Construction will be conducted during low flow conditions and to the extent practicable equipment will minimize being in flowing water conditions during grading and demolition activities. Typical sediment and erosion control practices will be implemented. As much as is feasible with the conditions during construction, river sediment to be removed will be isolated from the active flow. 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required?* ❑ DWR ❑ Corps (check all that apply) 2b. If yes, which mitigation option(s) will be used for this ❑ Mitigation Bank project? * (check all that apply) ❑ In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: Click to enter. 3b. Credits purchased/requested: Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Attach receipt and/or approval letter. 3c. Comments: Click to enter. 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: Click to enter. linear feet 4c. If using stream mitigation, what is the stream temperature: Choose one Page 13 of 20 PCN Form - Version 1.5, September 2020 NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) https://ribits.usace.army.mil/ribits apex/f?p=107:27:2734709611497::NO:RP:P27 BUTTON KEY:O 4d. Buffer mitigation requested (DWR only): Click to enter. square feet 4e. Riparian wetland mitigation requested: Click to enter. acres 4f. Non -riparian wetland mitigation requested: Click to enter. acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres 4h. Comments: Click to enter. 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including the amount of mitigation proposed. Click to enter. 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer ❑ Yes ❑ No that requires buffer mitigation? If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. 6c. 6d. 6e. Zone Reason for impact Total impact (square Multiplier Required mitigation feet) (square feet) Zone 1 Click to enter. Click to enter. Choose one Click to enter. Zone 2 Click to enter. Click to enter. Choose one Click to enter. 6f. Total buffer mitigation required Click to enter. 6g. If buffer mitigation is required, is payment to a mitigation bank or -F El Yes El No NC Division of Mitigation Services proposed? 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: Click to enter. Page 14 of 20 PCN Form - Version 1.5, September 2020 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers ❑ Yes ® No identified within one of the NC Riparian Buffer Protection Rules? 1 b. All buffer impacts and high ground impacts require diffuse flow or other forms of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual(https://deg.nc.-gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit- guidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. ❑ Level Spreader What Type of SCM are you ❑ Vegetated Conveyance (lower seasonal high water table- SHWT) providing? ❑ Wetland Swale (higher SHWT) (Check all that apply) ❑ Other SCM that removes minimum 30% nitrogen ❑ Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here: Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? ' El Yes ®No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? ' ®Yes ❑ No To look up low density requirements, click here: http://reports.oah.state. nc.us/ncac/title%2015a%20-%20environmental%20guality/chapter%2002%20- %20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 2c. IS the project over an acre? ❑ Yes ® No 2d. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state- ❑ Yes ® No approved local government stormwater program? ' Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2e. Which of the following stormwater management program(s) apply? M Local Government (Check all that apply) ' ❑ State If you have local government approval, please include the SMP on their overall impact map. Page 15 of 20 PCN Form - Version 1.5, September 2020 Local Government Stormwater Programs ' ❑ Phase II ❑ USMP ❑ NSW ❑ Water Supply Please identify which local government stormwater program you are using.* Haywood County State Stormwater Programs ' ❑ Phase II ❑ HQW or ORW ❑ Coastal Counties ❑ Other Comments: Project includes removal of impervious area (concrete dam) and stream stabilization. No Stormwater Management Plan required. Page 16 of 20 PCN Form - Version 1.5, September 2020 G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) ® Yes ❑ No funds or the use of public (federal/state) land? * 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the ❑Yes ®No requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? * 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the ❑ Yes ❑ No NEPA or SEPA final approval letter.) Comments: N/A 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWR Surface Water or Wetland Standards or Riparian Buffer Rules El Yes ®No (15A NCAC 2B .0200)? * 2b. If you answered "yes" to the above question, provide an explanation of the violation(s): N/A 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby ❑ Yes ® No downstream water quality? * 3b. If you answered "no", provide a short narrative description: Project is a dam removal and stream stabilization. These activities will not lead to additional development. 3c. If yes, attach a qualitative or quantitative cumulative impact analysis (.pdf) in accordance with the most recent DWR policy. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? * I ❑ Yes ❑ No ® N/A 4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. No wastewater will be generated. Page 17 of 20 PCN Form - Version 1.5, September 2020 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected ® Yes ❑ No species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ ffws.aovl) n 5b. Have you checked with the USFWS concerning Endangered Species ® Yes ❑ No Act impacts? ' 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another federal agency involved? s ❑ Yes ® No ❑ Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? ' ❑ Yes ® No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? x ®Yes ❑ No 5g. Does this project involve bridge maintenance or removal? ❑ Yes ® No Link to NLEB SLOPES document: http://saw-reg.usace. army. mONLEB/1-30-17-signed NLEB- SLOPES&apps.pdf 5h. Does this project involve the construction/ installation of a wind turbine(s)? ' El Yes ®No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf) 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, :1: ® Yes ❑ No mechanized pile drivers, etc.? ' If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdf) 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? " The USFWS has visited the site. NC NHP database was consulted on 7/28/2020. A Biological Evaluation was submitted to USFWS for concurrence on 9/1/2020 and is attached. Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? " ❑ Yes M No Are there submerged aquatic vegetation (SAV) around the project vicinity? ' El Yes ®No El Unknown Will this project affect submerged aquatic vegetation? ❑ Yes M No ❑ Unknown k Explain: Click to enter. 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? Essential Fish Habitat Mapper. http://www.habitat.noaa.gov/protection/efh/efhmapper/index.htmI Page 18 of 20 PCN Form - Version 1.5, September 2020 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://qis.ncdcr.gov/hpoweb/ 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural ❑ Yes M No preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? " 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? ' NC SHPO conducted a review of the project and determined no historic resources would be affected by the project. See attached concurrence letter. 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? * ® Yes ❑ No 8b. If yes, explain how the project meets FEMA requirements. A Floodplain Permit is also being obtained as part of the project. 8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program Page 19 of 20 PCN Form - Version 1.5, September 2020 H. Miscellaneous Comments: Click to enter. Attach pertinent documentation or attachments not previously requested I. Signature * M By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time; • The project proponent hereby agrees that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: * Adam Spiller Signature: * Adam Spiller Date: * 11 /24/2020 Page 20 of 20 PCN Form - Version 1.5, September 2020 ATTACHED RESPONSES B. Applicant Information 2. Landowner Information 2a. J N Powell Jr. Family LTD PTNRP and Viola Forga Trust 2b. DB 610 / PG 875 2c. Chris Forga 2d. Street Address: PO Box 188 City: Hazelwood State: NC Zip Code: 28738 2e. (828) 400-4400 2f. N/A 2g. Chris@forgarentalproperties.com 2a. J N Powell Jr. Family LTD PTNRP and Viola Forga Trust 2b. DB 610 / PG 875 2c. Sam Powell 2d. Street Address: PO Box 10 City: Clyde State: NC Zip Code: 28721 2e. (828) 517-2820 2f. N/A 2g. N/A 2a. David Collins Brooks 2b. DB 926 / PG 768 2c. N/A 2d. Street Address: 24 North Canton Road City: Canton State: NC Zip Code: 28716 2e. (828) 367-8733 2f. N/A 2g. N/A 2a. Hope Harrison Andrews 2b. DB 1011 / PG 1053 2c. N/A 2d. Street Address: 550 Case Cove Road City: Chandler State: NC Zip Code: 28715-9226 2e. (828) 273-4673 2f. N/A 2g. ebbyhope@yahoo.com G. Supplementary Information 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5i. These percussive activities will be limited to a hydraulic hammer to break apart a concrete dam. This hammer will be on a tracked excavator. This activity is required to remove the dam, which is the goal of the project. This part of the work will last for no longer than 2 working days. This percussive activity is located at the exact position of the existing dam. The dam location is included in the supporting documentation for this project. G 1 'lJOr,ntarry zCL we _ a O w ao- o rt O!q Clyfle Rq d } i , New Clyde HWy C a*Olrna Blvd 6ti0� F —green ��'G�S, Far lq�7mit Canton Ruch St V O• angst N.l\ v� a X a C _ ^atnrrt Mounts r 3 o r. penland5� Q�uOh,% ^ `► c EY s t e G` P,sgao Schrw/ Rd REEMMMEr` N 0.5 0.25 0 0.5 Figure 1: Vicinity Map �.►� Project Area w E Miles Beaverdam Creek Dam Removal Map created 7/31/20 Haywood County K C I s Image Source: ESRI nsscx i gyres of NC World Street Map 'HI[KE iV Rr+ DSSa' L c� .. 4-1 IARM(N RD 1 O Z p �o N C)P111A .. 0" fiC� Z 57 vi t7w ` v• Canton -� N 1,000 500 0 1,000 Figure 2: USGS Map Project Area W E Feet Beaverdam Creek Dam Removal K C I Map created 7/31/20 Haywood County s Image Source: Canton �sscx tares of nc USGS 1:24000 Quadrangle Map r— O 0 OO X O EN STREAM. IMP X fA. 3+35.38 �— V ; O O + 00-1 \Q11 O� LEGEND STABILIZATION (406 LF/0.06 AC) — EXCAVATION (251 LF/0.23 AC) — MAJOR CONTOUR MINOR CONTOUR LIMITS OF DISTURBANCE O 1kdo BEGIN STREAM IMPACT STA. 00+84.72 EXI TING BOTTOM OF BANK , oo> kQp O \ •I —15 —7.5 0 15 30 — LOD — EXISTING TOP OF BANK z Z 0 V) E Q Ll IMPACT AREAS I V THICKEN _CREEK I , , 0�- Z �I o PIGEON RIVER WOODSIDE DR. , BE4�VER0� � I \ \ I , "`-�PROJECT LOCATION/ )n I� FIBE� ILLE RD. it SS sa i VICINITY MAP NOT TO SCALE INDEX OF SHEETS I TITLE SHEET 2-3 GENERAL NOTES AND DETAILS 4 SITE PLAN 5-6 CROSS -SECTIONS 7-8 EROSION CONTROL PLAN DIRECTIONS TO SITE FROM RALEIGH, TAKE I-40 W FOR ABOUT 260 MILES. TAKE EXIT 31 FOR CAROLINA 215 TOWARD CANTON. TURN LEFT ONTO CHAMPION ROAD AND FOLLOW THAT FOR ABOUT 1 MILE AND THE SITE IS ON YOUR LEFT JUST BEFORE CANTON RD. PROJECT DESCRIPTION REMOVAL OF THE EXISTING DAM ANDKCI THE INSTALLATION OF CONSTRUCTED RIFFLES UPSTREAM OF THE DAM'S LOCATION. Prepared AMERICAN RIVERS BEA VEIZDAM CREEK DAM REMOVAL HAYWOOD COUNTY, NORTH CAROLINA in !A° 0/11ce of: Assoc:nTls of NC ENGINEERS- PLANNERS•ECOLOGISTS 4505 FALLS OF NEUSE ROAD SUITE 400 RALEIGH, NC 27609 PROJECTED DATE FALL 2020 PREPARED BY GARY M.MRYNCZA, PE PROJECT ENGINEER ALLISON MARTIN &JOSH SITZ PROJECT DESIGNER A AUGUST 2020 90 % PRELIMINARY PLANS REVISIONS STATE KCI PROJECT NUMBER SHEET NO. TOTgL SHEETS .C. 162002445 Ol 08 ISSUING AGENCY PERMIT # USACE: N/A NCDWR: NA -25-12.5 0 25 50 PLANS PROJECT ENGINEER ,/1111l/I �.�`Ct1AEL 'It. BRED (� �AGRI� RE 7+ • un�4� 0 % is ,,% � PE SIGNATURE: Prepored for: American Rivers ERIN MCCOMBS CONSERVATION DIRECTOR GENERAL NOTES LIMITS OF DISTURBANCE: 0.67 ACRES THE CONTRACTOR SHALL INSTALL AND MAINTAIN THROUGHOUT THE PROJECT CONSTRUCTION ALL EROSION CONTROL MEASURES IN ACCORDANCE WITH THESE PLANS AND IN ACCORDANCE WITH APPLICABLE EROSION AND SEDIMENT CONTROL REGULATIONS. THE CONTRACTOR SHALL CONTINUOUSLY MAINTAIN ALL EROSION CONTROL DEVICES AND STRUCTURES TO MINIMIZE EROSION. ALL EROSION CONTROL MEASURES SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE NORTH CAROLINA EROSION AND SEDIMENT CONTROL REGULATIONS, U.S. DEPARTMENT OF AGRICULTURE, AND U.S. SOIL CONSERVATION SERVICE REGULATIONS. DUE TO THE NATURE OF DAM REMOVAL, POST DAM REMOVAL CONDITIONS MAY REQUIRE ADJUSTMENTS TO THE DESIGN AS DEPICTED IN THESE PLANS. UNDER DIRECTION FROM THE DESIGNER, THE CONTRACTOR MAY ADJUST ELEVATIONS, STRUCTURE TYPE, STRUCTURE POSITIONING, STABILIZATION METHODOLOGY, OR OTHER DESIGN COMPONENTS. THESE ALTERATIONS TO THE DESIGN WILL NOT CHANGE THE OVERALL NATURE, GOALS, OR INTENT OF THE DESIGN AS DEPICTED IN THESE PLANS, BUT WILL ALLOW ADAPTABILITY TO DEAL WITH ANY UNKNOWN OR UNANTICIPATED CIRCUMSTANCES AS THEY ARISE. EROSION CONTROL PLAN EROSION AND SEDIMENT CONTROL MEASURES SHALL BE MAINTAINED CONTINUOUSLY, RELOCATED WHEN AND AS NECESSARY, AND SHALL BE CHECKED AFTER EVERY RAINFALL. SEEDED AREAS SHALL BE CHECKED REGULARLY AND SHALL BE WATERED, FERTILIZED, RESEEDED AND MULCHED AS NECESSARY TO OBTAIN A DENSE STAND OF GRASS. STABILIZATION IS THE BEST FORM OF EROSION CONTROL. ALL DISTURBED AREAS THAT ARE NOT OTHERWISE STABILIZED SHALL BE AMENDED AND SEEDED, TEMPORARILY OR PERMANENTLY IN ACCORDANCE WITH THE NORTH CAROLINA EROSION AND SEDIMENT CONTROL REGULATIONS. PERMANENT SEEDING AND GRASS ESTABLISHMENT ARE REQUIRED PRIOR TO PROJECT COMPLETION AND ACCEPTANCE. CONTRACTOR SHALL PROVIDE GROUND COVER ON EXPOSED SLOPES WITHIN 14 CALENDAR DAYS FOLLOWING COMPLETION OF ANY PHASE OF GRADING. PERMANENT GROUND COVER FOR ALL DISTURBED AREAS SHALL BE PROVIDED WITHIN 14 CALENDAR DAYS FOLLOWING COMPLETION OF CONSTRUCTION. WHERE SEDIMENT IS TRANSPORTED ONTO A PAVED OR PUBLIC ROAD SURFACE, THE ROAD SURFACE SHALL BE CLEANED THOROUGHLY AT THE END OF EACH DAY. DURING CONSTRUCTION OF THE PROJECT, SOIL STOCKPILES SHALL BE STABILIZED OR PROTECTED WITH SEDIMENT TRAPPING MEASURES, THE CONTRACTOR IS RESPONSIBLE FOR THE TEMPORARY PROTECTION AND PERMANENT STABILIZATION OF ALL SOIL STOCKPILES ON SITE AS WELL AS SOIL INTENTIONALLY TRANSPORTED FROM THE PROJECT SITE. SEQUENCE OF CONSTRUCTION FOR DAM REMOVAL A. BREACH DAM BY UNCLOGGING OR MECHANICALLY NOTCHING DAM AT EXISTING SLUICE GATE AND ALLOW WATER LEVEL TO DECREASE AND SEDIMENT TO DISTRIBUTE WITH NATURAL RAIN EVENTS. LENGTH OF SETTLING TIME TO BE DETERMINED BY PROJECT DESIGNER. B. BUILD CONSTRUCTED RIFFLE 1 IN ACCORDANCE WITH THE CONSTRUCTION DETAILS. C. EXCAVATE DAM STRUCTURE AS INDICATED ON THE PLAN SHEETS AND AS DIRECTED BY THE DESIGNER. D. BUILD CONSTRUCTED RIFFLE 2, VEGETATED SOIL LIFTS, AND STONE TOE STRUCTURES IN ACCORDANCE WITH THE CONSTRUCTION DETAILS AND GRADE POINT BAR. E. ITEMS B, C, AND D MAY BE CONSTRUCTED IN A DIFFERENT ORDER THAN INDICATED ABOVE OR CONCURRENTLY AS APPROVED BY THE DESIGNER. F. STOCKPILE ANY EXCESS MATERIAL IN THE STAGING AREA TO BE TAKEN OFF SITE. G. INSTALL ALL SEED, MULCH, AND ANY PERMANENT STABILZATION MEASURES THROUGHOUT THE SITE PRIOR TO DEMOBILIZATION FROM THE SITE. H. REMOVE TEMPORARY EROSION CONTROL MEASURES AFTER ALL DISTURBED AREAS ARE STABILIZED. -TOP-OfBANK_4--------------- ____ SQUARE CUT—; BUDS ---► (FACING UPWARD) LIVE CUTTING 0.5" TO 2" �IAMETER) U) w BASFflOIN_4 IVE STAKE vi Q ANGLED 45' PROPOSED CUT STREAM BANK NOTES: LIVE STAKES TO BE INSTALLED IN ACCORDANCE WITH THIS DETAIL AND AS DIRECTED BY THE DESIGN REPRESENTATIVE. NO LIVE STAKES SHALL BE INSTALLED ALONG INNER BAR LOCATIONS OR OUTER BENDS THAT UTILIZE LIVE LIFT STRUCTURES. LIVE STAKES SCALE: NTS 2' SPACING FOR TOP AND BOTTOM ROWS OF STAKES 1.0' MINIMUM OVERLAP WITH UPSTREAM FABRIC ON TOP OF DOWNSTREAM FABRIC 2' 1.0' 0 0 0 0 0 0 3' SPACING FOR INTERIOR ROWS OF STAKES w it 0 0 0 > 3.0' 0 0 0 0 0 0 [n o a 0 0 0 0 0 0 BOTTOM OF BANK TYPICAL PLAN VIEW NOTES: COIR MATTING UNDERLAIN - COIR MATTING SHALL BE BY STRAW AND SEED 700 GRAM MATTING. PROPOSED GROUND CV 1" x 2" NOTCHED GRADE STAKE TYPICAL SECTION VIEW ANCHORING COIR MATTING SCALE: NTS 19 E a z 0 0 a (~/7 W 0 MCI 2 Z VN LL w V)Q aig S � W wU zz g 10 Wao z Z 0 0 co(� z LL Lu w v Y w W J U O W w 2 Q W m z J 0 ¢ 0 x F- x 0 z z D 0 0 0 0 x GENERAL NOTES AND DETAILS STREAM PLANTING: LIVE STAKES: 1.5' TO 2' LENGTHS, 1/2' TO 2" DIAMETER, PLANT 2 STAGGERED ROWS AT 3' x 3' SPACING, RANDOM SPECIES PLACEMENT COMMON NAME SCIENTIFIC NAME STATUS BLACK WILLOW SALIX NIGRA OBL SILKY WILLOW SALIX SERICEA OBL SILKY DOGWOOD CORNUS AMOMUM FACW ELDERBERRY SAMBUCUS CANADENSIS FAC INSTALL ADDITIONAL LEVELS OF THE SOIL LIFT AS NEEDED FOR THE DESIRED HEIGHT. SEE TYPICAL CROSS -SECTIONS FOR HEIGHT OF BANK. FINISH THE SOIL LIFT BY GRADING THE TOP LIFT TO MATCH THE FLOODPLAIN/BENCH ELEVATION. Y z USE BURLAP BACKED HEAVY COIR m (900 GRAM) MATTING ON ALL LIFTS. BACKFILL WITH SUITABLE GROWING 0 MATERIAL. 3' MINIMUM r _ INSTALL LIVE WILLOW WHIPS BETWEEN SOIL LIFTS WITH APPROX. 1 FOOT OF PLANT MATERIAL EXPOSED. MINIMUM I— I LENGTH OF CUTTINGS SHALL BE 4', WITH A MINIMUM STEM DIAMETER OF 1/2". DISTANCE BETWEEN CUTTINGS I— SHALL BE 4". FILL VOIDS WITH SUITABLE SOIL. STONE BASE III I__ I I III D FILTER FABRIC BEHIND AND ON TOP OF RIPRAP MIX 5 O O O O O O O O BASEFLOW 00 00 0 0 O 000 o Q O o(1p�� oOCJ o941� RIPRAP MIX: � �q50 g�OO��OOg���OCCOJJ �� ELEVATION OF 40% - CLASS 1 RIPRAP 60% CLASS 2 RIPRAP O O O Oin 090 W 00 00�0�� 00�0 O } BOTTOM OF - CHANNEL 'X' - SEE TABLE _ r COEFFICIENT BEAVERDAM CREEK X 5.0 - 6.0' Y1 1.0 - 1.5' Y2 0.5' Y3 4.0' NOTES: -USE 1.5'x1"x2" WOODEN STAKES ON 1' CENTERS. -STAKES SHALL HAVE A'ROOFING' NAIL AT TOP TO KEEP FABRIC FROM SLIPPING OFF. STONE TOE WITH LIVE LIFT NOTES: NO SINGLE LIVE STAKING SPECIES SHALL COMPOSE MORE THAN 40% OF THE TOTAL NUMBER OF LIVE STAKES TO BE INSTALLED. LIVE STAKES WILL NOT BE INSTALLED ALONG LIVE ^ LIFT STRUCTURES UNLESS THEY ARE INSTALLED '�Y) OUTSIDE OF THE DORMANT SEASON. IF LIVE LIFTS ARE INSTALLED OUTSIDE OF THE DORMANT SEASON, EACH N zo LIFT WILL HAVE A ROW OF LIVE STAKES INSTALLED 0 ON 1' SPACING STAGGERED WITH THE LIVE STAKES > ON ADJACENT LIFTS. DO NOT PLANT ON INSIDE MEANDER BENDS. DESIGNED BEGIN - RIFFLE ELEVATION DESIGNED POOL ELEVATION-7 TAPER RIFFLE MATERIAL INTO FINAL GRADE COMING OUT OF POOL 4' THICK RIPRAP MIX 40% - CLASS 1 RIPRAP 40% - CLASS 2 RIPRAP 20% - BOULDERS ADD BOULDERS TO BREAK UP FLOW AND MAINTAIN INTEGRITY OF THE STRUCTURE. :-SIGNED END FFLE ELEVATION DESIGNED POOL ELEVATION FOOTER BOULDERS ONLY USED IN BOULDER ARCHES SECTION B-B' (LONGITUDINAL VIEW] SEE TYPICAL CROSS-SECTION z FOR CHANNEL DEMENSIONS z CL m gY OQ 2Y OQ m OLL HO m �_m OLL HO - - - - - ` - - m0 m0 STABILIZE BANKS WITH 700 GRAM COIR----_____�`` MATTING AS NEEDED °db o RIPRAP SLOPE TO o � o 1/2 BANK HEIGHT - 4' THICK 4' THICK BANK RIPRAP MIX IN -CHANNEL RIPRAP MIX 50% - CLASS 1 RIPRAP 40% - CLASS 1 RIPRAP 50% - CLASS 2 RIPRAP 40% - CLASS 2 RIPRAP 20%- BOULDERS B I NOTES: - TYPICAL BOULDER SIZE = 4x3x2 - SEE CROSS-SECTION SHEETS FOR EXACT DIMENSIONS. - SEE PROFILE SHEETS FOR STATIONS AND ELEVATIONS FOR BEGIN AND END OF RIFFLE. SECTION A -A' (CROSS-SECTION VIEVVJ A 10' TYPICAL TOP OF BANK 0 0 0 0 0 0 0 0 0 0 0 o BOTTOM ----- -- a— o -o a--.—o o— �o Q 0 0 0�0 °�'o --Q - o—o - -- o --- o o OF BANK cn ° o ° o oo�000•° 0 0'0 o o a °oo,aOp.o o•o • o 0 0 0 o, ° o ° �° o•a a ,00•o °o a o•o 000 0 0 °, o.o."o o o ° o•o'er o, o° ° °,o° o, o°.oe ° o o'a FLOW -° °p ° O c °, ° °'o o O c ° ° °P�. ° °° �� o o ° °° 2� o � ° °O •o .o o .o o. .o o. .o o TOP H VARIES PLAN VIEW CONSTRUCTED RIFFLE Ur orlrvn E 4 0 I� Z z D W 0a O N <0iK J 0 0 s W `3 w w cai _ 'I W J z0 a 01 � u J uj z LL W a z J 0 Y � W U W J x F 2 2 z x z Lu 2 o W 0 m 0 a x I UAIh: AUGUST 2020 1 GENERAL NOTES AND DETAILS SCALE: NTS SCALE: NTS SHEET LEGEND Cie ss I I — ss EXISTIN OF BANK eox c��nr soxsox c�i_ eox c-! BEGIN CONSTRUC RIFFLE 2 INSTALL ROCK WEDGE ON A 5-7% SLOPE BEGINNING v AT END OF RIFFLE. TIE INTO 1/4 BANK HEIGHT�/ TEMPORARY ROCK X� PAD FOR DAM BREACH 5 h `J CONSTRUCTION ACCESS ss (PRIVATE DRIVE) —�— ss ss G T P� � Q/ 0 0 + CUT EXISTING 18" CORREGATED 04 PLASTIC PIPE T FROM REPAIRED BANK FACE. O POINT BAR GRADING w .f� ss� VEGETATED SOIL LIFT ARMORED BANK BADE POINT BAR TO INCREASE QOLCROSS-SECTIONALAREA ANp CREATE SMOOTH TRANSITION BE EN CONSTRUCTED RIFFLES CONSTRUCTED RIFFLE \ s s EXISTING STRUCTURE \ SANITARY SEWER ss— ss \ SINGLE TREE o� ' BECeINCONSTRUCTED RIFF4 1 MAJOR CONTOUR \ \ -2�57-12.5 0 25 50 \ ss MINOR CONTOUR u ss O� REMOyE ISTIN DAM - SEE CONST CTION SEQUENCE ON SHE T 02 ss ss EX�G BO O OF BANK i ••� 55 BROW S�RE�j EXISTING BOTTOM \ss ss�ss—s EXISTING TOP ---OF BANK ................................................................................................................................................................................. ........... I .............. .............. 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(SEE DETAIL ON SHEET 08) 00-1 ss \ ss \ss�O ss ti O� TEMPORARY STAGING AREA o E) I i i CONSTRUCTION ACCESS ss (PRIVATE DRIVE) ss IG DAM 0 REMOVED TEMPORARY STOCK PILE; EXACT LOCATION AND QUANTITY TO BE DETERMINED BY DESIGN REPRESENTATIVE IN THE FIELD. (SEE DETAIL ON SHEET 08) --1 `oa e BOX CULVERT -� [0D a �J BOX CULVERT LOD CONSTRUCTION BEPv�RDPM S/ SEDIMENTATION AND EROSION CONTROL NOTES: 1. IT IS THE INTENT OF THESE PLANS THAT AS SOON AS AN AREA OF GRADING IS COMPLETE IT SHALL BE STABILIZED IN ACCORDANCE WITH THE EROSION CONTROL PRACTICES DESCRIBED IN THESE PLANS. THE CONTRACTOR IS REQUIRED TO MINIMIZE, AS MUCH AS POSSIBLE, THE AMOUNT OF THE AREA THAT IS DISTURBED AT ONE TIME. 2. THE CONTRACTOR SHALL EXERCISE EVERY REASONABLE PRECAUTION THROUGHOUT THE CONSTRUCTION OF THE PROJECT TO PREVENT EROSION AND SEDIMENTATION. EROSION CONTROL MEASURES SHALL BE INSTALLED AND MAINTAINED IN ACCORDANCE WITH THE PROJECT PLANS, NORTH CAROLINA SEDIMENT AND EROSION CONTROL GUIDELINES AND AS DIRECTED BY THE DESIGNER, 3. IN THE EVENT OF A STORM, THE CONTRACTOR WILL BE RESPONSIBLE FOR REMOVAL OR PROTECTION OF ANY EQUIPMENT, TOOLS, MATERIALS OR OTHER ITEMS NEEDED TO COMPLETE THE WORK THAT COULD BE AFFECTED BY STORMWATER. 4. EACH SEDIMENT CONTROL DEVICE WILL BE REMOVED AFTER ALL WORK IN THE CORRESPONDING CONSTRUCTION PHASE HAS BEEN COMPLETED AND ADEQUATE PERMANENT GROUND COVER HAS BEEN RE-ESTABLISHED ON THE DISTURBED AREAS, AS DETERMINED BY THE DESIGNER. 5. THE CONSTRUCTION ENTRANCES AND STAGING AREAS IDENTIFIED ON THE PLANS PROVIDE THE ONLY ACCESS POINTS INTO THE LIMITS OF DISTURBANCE. NO ADDITIONAL ACCESS POINTS SHALL BE USED WITHOUT APPROVAL OF THE DESIGNER. 6. ALL EXCAVATED MATERIAL SHALL BE STOCKPILED WITHIN THE LIMITS OF DISTURBANCE FOR LATER USE AS FILL MATERIAL. SILT FENCE SHALL BE INSTALLED ON THE LOW SIDE OF ANY TEMPORARY OR PERMANENT SPOIL AND TOPSOIL PILES. THESE SPOIL PILES SHALL ALSO BE SEEDED AND MULCHED FOR VEGETATIVE STABILIZATION WITHIN 7 DAYS THAT THEY ARE CREATED. ALL SPOIL MATERIAL SHALL STAY ON THE SITE AND SHALL NOT BE REMOVED FROM THE SUBJECT PROPERTY WITHOUT DESIGNER APPROVAL. 7. ALL EROSION AND SEDIMENT CONTROL PRACTICES WILL BE CHECKED FOR STABILITY AND FUNCTIONAL OPERATION FOLLOWING EVERY RUNOFF PRODUCING RAIN EVENT AND/OR AT LEAST ONCE PER WEEK. ANY NEEDED MAINTENANCE OR REPAIRS SHALL BE MADE IMMEDIATELY TO MAINTAIN ALL MEASURES AS DESIGNED. ACCUMULATED SEDIMENT SHALL BE REMOVED FROM CONTROL MEASURES WHEN THEY REACH APPROXIMATELY 50% OF THEIR FUNCTIONAL CAPACITY. THESE MEASURES SHALL BE REPAIRED IF DISTURBED DURING MAINTENANCE. ALL SEEDED AREAS SHALL BE FERTILIZED, RESEEDED AND MULCHED, AS NECESSARY, TO PROMOTE THE ESTABLISHMENT OF VEGETATION COVER. 8. ALL EXCESS WASTE MATERIAL SHALL BE DISPOSED OF AT A PERMITTED FACILITY OR SITE. (15A NCAC 0413.0110) VOID -25-12.5 0 25 50 � lie I m'a o� TEMPORARY STOCK PILE; EXACT LOCATION AND QUANTITY TO BE DETERMINED BY DESIGN REPRESENTATIVE IN THE FIELD. (SEE DETAIL ON SHEET 08) ss ss \ss 55 TEMPORARY STAGING AREA SEDIMENTATION & EROSION CONTROL PLAN LEGEND LIMITS OF DISTURBANCE .•••••..••....••.. _LOD- SILT FENCE........... ................ .... . -SF- STAGING AREA ... .... ....... - . TEMPORARY STOCK PILE .................. O SANITARY SEWER .............. • . • • .... • . SS G) 5S SINGLE TREE .............................. 0 EXISTING STRUCTURE •................ ... CONSTRUCTION ENTRANCE ............... �CR SEEDING AND PLANTING NOTES THE CONTRACTOR SHALL UTILIZE THE FOLLOWING SEED/FERTILIZER MIX IN SEEDING ALL DISTURBED AREAS WITHIN THE PROJECT LIMITS. ALTERNATIVE SEED MIXES MAY BE SUBSTITUTED AS APPROVED BY DESIGNER. TEMPORARY SEED MIX SUMMER MIX (MAY 15 - AUGUST 15) GERMAN MILLET ...... SETARIA ITALICA ....... 20 LBS / ACRE BROWNTOP MILLET ... UROCHLOA RAMOSA ... 20 LBS / ACRE WINTER MIX (AUGUST 15 - MAY 15) RYE GRAIN............ SECALE CEREALE ........ 120 LBS /ACRE 9 SUMMER MIX (MAY 15 - AUGUST 15) APPLICATION RATE (IN MIX) SPECIES % OF MIX LBS/ACRE VIRGINIA WILDRYE - ELYMUS VIRGINICUS (FACW) 15 4.6 BIG BLUESTEM - ANDROPOGON GERARDII (FAC) 8 2.3 SWITCHGRASS - PANICUM VIRGATUM (FAC) 11 3.3 AUTUMN BENTGRASS - AGROSTIS PERENNANS (FACU) 11 3.3 BLACK-EYED SUSAN - RUDBECKIA HIRTA (FACU) 8 2.3 LANCELEAF COREOPSIS - COREOPSIS LANCEOLATA (FACU) 8 2.3 SOFT RUSH - JUNCUS EFFUSUS (FACW) 3.5 1.1 LITTLE BLUESTEM - SCHIZACHYRIUM SCOPARIUM (FACU) 3.5 1.1 INDIAN GRASS - SORGHASTRUM NUTANS (FACU) 3.5 1.1 EASTERN GAMMA - TRIPSACUM DACTYLOIDES (FACW) 3.5 1.1 RYE GRAIN - SECALE CEREALE (N/A) 25 7.5 TOTALS 100 30 WINTER MIX (AUGUST 15 - MAY 15) APPLICATION RATE (IN MIX) SPECIES % OF MIX LBS / ACRE VIRGINIA WILDRYE - ELYMUS VIRGINICUS (FACW) 15 4.6 BG BLUESTEM - ANDROPOGON GERARDII (FAC) 8 2.3 SWITCHGRASS - PANICUM VIRGATUM (FAC) 11 3.3 AUTUMN BENTGRASS- AGROSTIS PERENNANS (FACU) 11 3.3 BLACK-EYED SUSAN - RUDBECKIA HIRTA (FACU) 8 2.3 LANCELEAF COREOPSIS - COREOPSIS LANCEOLATA (FACU) 8 2.3 SOFT RUSH - JUNCUS EFFUSUS (FACW) 3.5 1.1 LITTLE BLUESTEM - SCHIZACHYRIUM SCOPARIUM (FACU) 3.5 1.1 INDIAN GRASS - SORGHASTRUM NUTANS (FACU) 3.5 1.1 EASTERN GAMMA - TRIPSACUM DACTYLOIDES (FACW) 3.5 1.1 RYE GRAIN - SECALE CEREALE (N/A) 25 7.5 TOTALS 100 30 FERTILIZER _ 750 LBS / ACRE LIMESTONE . 2000 LBS / ACRE FERTILIZER SHALL BE 10-10-10 ANALYSIS. UPON SOIL ANALYSIS A DIFFERENT RATIO OF FERTILIZER MAY BE USED. SEEDBED PREPARATION THE SEEDBED SHALL BE COMPRISED OF LOOSE SOIL AND NOT COMPACTED. THIS MAY REQUIRE MECHANICAL LOOSENING OF THE SOIL. SOIL AMENDMENTS SHOULD FOLLOW THE FERTILIZER AND LIMING DESCRIPTION IN THE ABOVE SECTIONS. FOLLOWING SEEDING, MULCHING SHALL FOLLOW THE BELOW APPLICATION METHODS AND AMOUNTS. AREAS CONTAINING SEVERE SOIL COMPACTION WILL BE SCARIFIED TO A DEPTH OF 8 INCHES. MULCHING SEEDED AREAS ARE TO BE PROTECTED BY SPREADING STRAW MULCH UNIFORMLY TO FORM A CONTINUOUS BLANKET (75% COVERAGE = 2 TONS/ACRE). NOTE: FERTILIZER IS ONLY TO BE APPLIED ONCE. IF TEMPORARY SEED AND FERTILIZER IS APPLIED PRIOR TO PERMANENT SEED, THEN FERTILIZER SHALL NOT BE APPLIED WITH THE PERMANENT SEED. 9 c m E 4 EROSION CONTROL PLAN 07 ME (1. LP R' MAX 1 rIL 1 Gf'\ FMUp 1%1 1 1 SILT FENCE MAINTENANCE 1. INSPECT SEDIMENT FENCES WEEKLY FILTER FABRIC - AND AFTER EACH RAINFALL EVENT. COMPACTED FILL- 2. SHOULD FABRIC TEAR, DECOMPOSE, OR IN ANY WAY BECOME INEFFECTIVE, REPLACE IT IMMEDIATELY. — — 3. REMOVE SEDIMENT DEPOSITS =III -I I (— PROMPTLY TO PROVIDE ADEQUATE EXTEND FABRIC STORAGE VOLUME FOR THE NEXT RAIN INTO TRENCH AND TO REDUCE PRESSURE ON THE FENCE. TAKE CARE TO AVOID UNDERMINING FENCE DURING CLEANOUT. 4. REMOVE ALL FENCING MATERIALS AND UNSTABLE SEDIMENT DEPOSITS AFTER THE CONTRIBUTING DRAINAGE AREA HAS BEEN PROPERLY STABILIZED, INSPECTED AND APPROVED. BRING THE DISTURBED AREA TO GRADE AND STABILIZE AS DESCRIBED IN THE EROSION CONTROL PLAN. SILT FENCE DETAIL SCALE: NTS STEEL P 9 } , STOCKPILED i��YYYYv<< y�{max �/i Y EARTH > eT e�xiY��l { ,gF\ < SILT FENCE SF --------------- 190-------------- NOTES: TEMPORARY SEEDING MUST BE APPLIED TO STOCKPILES IF NOT RELOCATED WITHIN 7 DAYS. ALL STOCKPILES SHALL BE WITHIN LIMITS OF DISTURBANCE. SILT FENCE SHALL BE INSTALLED DOWN GRADIENT OF ALL STOCK- PILES. STOCKPILE LOCATIONS DEPICTED ON SITE PLANS ARE APPROXIMATE AND ARE SUBJECT TO CHANGE DEPENDING ON THE AREA THAT IS BEING WORKED UPON. EXACT LOCATION AND QUANTITY OF STOCKPILES WILL BE DETERMINED BY DESIGN REPRESENTATIVE IN THE FIELD. TEMPORARY STOCKPILE DETAIL SCALE: NTS E Q 11 04 O V Ln H I� Z Z W co Q Q- 00 s W NU ¢ Z �H W J Z0 a 0Z 0 U) (� z LL W Y w w J U O �g Qw w Q o w m z z 0 Q 0 _ 0 z z 0 0 U 0 0 0 Q DATE: AUGUST 2020 1 EROSION CONTROL PLAN Jurisdictional Determination Request US Army Corps of Engineers Wilmington District This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: htty://www.saw.usace.army.mil/Missions/Re ugulatoE3PermitProgram/Contact/CouniyLocator.aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number. (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number. (919) 554-4884 Fax Number. (919) 562-0421 INSTRUCTIONS: WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number. (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number. (910) 2514025 All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 328 Champion Drive City, State: Canton, NC County: Haywood Parcel Index Number(s) (PIN): Multiple (See Attached) B. REQUESTOR INFORMATION Name: Adam Spiller, KCI Technologies Inc. Mailing Address: 4505 Falls of Neuse Rd, Suite 400 Raleigh, NC 27609 Telephone Number: 919-278-2514 Electronic Mail Address: Adam.Spiller@kci.com Select one: ❑ I am the current property owner. ❑✓ I am an Authorized Agent or Environmental Consultant' Interested Buyer or Under Contract to Purchase Other, please explain. C. PROPERTY OWNER INFORMATION Name: Multiple Owners (See attached list) Mailing Address: N/A N/A Telephone Number: N/A Electronic Mail Address: N/A ' Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/ParceVrax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION' 4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Adam Spiller Print Name Capacity: ❑ Owner ❑✓ Authorized Agents 11 /24/2020 Date E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all j urisdictional aquatic resources under Corps authority. ❑ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting �rocess. I,/ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. ❑A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑I believe that the site may be comprised entirely of dry land. Other: ' For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an =roved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). ❑ I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. ✓❑ Size of Property or Review Area 0.90 acres. ❑ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS aProject Coordinates (Decimal Degrees): Latitude: 35.5420 Longitude:-82.8458 aA legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: ■ Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. ✓❑ Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. httn://www.saw.usace.army.mil/Missions/Regulatory-Permit- Proeram/Jurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request aCompleted appropriate Jurisdictional Determination form • PJDs. please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDS, please complete an Ayproved Jurisdictional Determination Forms FA Vicinity Map zAerial Photograph A USGS Topographic Map a Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms Other Assessment Forms ' www.saw.usace.army.mil/Portals/59/docs/regulatory/remdocs/JD/RGL 08-02 App A Prelim JD Form fillable.pdf s Please see http://www.saw.usace.army.mil/Missions/Re ug latory-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 t Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM A. REPORT COMPLETION DATE FOR PJD: B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Adam Spiller, KCI Technologies Inc. 4505 Falls of Neuse Rd. Suite 400, Raleigh, NC 27609 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Haywood City: Canton Center coordinates of site (lat/long in degree decimal format): Lat.: 35.5420 Long.:-82.8458 Universal Transverse Mercator: Name of nearest waterbody: Beaverdam Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ❑■ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map:Vicinity Map ❑ Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ❑■ U.S. Geological Survey map(s). Cite scale & quad name: Canton 1:24K 0 Natural Resources Conservation Service Soil Survey. Citation: NRCS WSS - Haywood County Data ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ❑■ Photographs: 0 Aerial (Name & Date): 2019 Statewide Aerial Photographs or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): Signature and date of Regulatory staff member completing PJD Adam Spiller Dee: I2020.1ly 12409:3 1by Adam 9P-0500' Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' 1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Beaverdam Creek Dam Removal Stream Summary Table Table 1. Stream Name I Stream Status Length (Feet) Width (Feet) NCSAM Score Latitude Longitude Beaverdam Creek Perennial 478 20 Low 35.5420 -82.8458 November 2020 Page 1 of 1 s - o c s gr�r�rn p,3�e Lo°P ca - n - fir Rd n $rjhy Cir t, N C _ C r . D .~ Srn��~tom e�3 O Rd ? a 0 L N Q a u Old Cryd� Rry n i , New Clyde Hwy Cor�i,r, � R•:r1 • r�t��Lyi,�7Aa��I►�j������ 7� �,r: o n 3 n St .• Qy r ♦d as; N� It\\0 Evergreen Pa k3gmg x Canton R�r�h St D CO Array 5� �Ohnsor� 0 v -1�7 Rd a X G ! a b 0 J s z A�s,e�'dleNwY n s ^strait Mountai � ventand`� Johns a h ar n r 0 t Od- n ch°W Rr! c Rd N 0.5 0.25 0 0.5 Figure 1: Vicinity Map Project Area W E Miles Beaverdam Creek Dam Removal K C I Map created 7131120 Haywood County s Image Source: ESRI :�ssoctnreso> NC World Street Map o-Q z D -1c AARRIN RD n y s, i:`✓Fap,�M St, ~�t'. �Q 3 n .. 'D .•` ~ N Canim a` Elm Shc; �LrN S' e a Lei pp 4o n ►fib TF �,a a, iG08E4 av� SON M 3f rl�., WINES Df` ._..__. ----- .._ _. cf`p. v 20 V, • oLfMMOPlS Si �' f. r7A'CD 9yfj y90 � lfQ O N T � r Z 4 Dix�F Wy 7v rS f OA!) r? Sl 1 �. '�+•—-....-, SCHOC.. .- I A 1ALk J, ,J - - - Can Inn -. -' Mr �Rp —+— N 1,000 500 0 1,000 Figure 2: USGS Map 0 Project Area w E Feet Beaverdam Creek Dam Removal Map created 7131120 Haywood County K C I s Image Source: Canton 4sscxf�res of Nc USGS 1:24000 Quadrangle Map t $ WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region Project/Site: Beaverdam Creek Dam Removal City/County: Haywood Sampling Date: 4/17/17 Applicant/Owner: KCI State: NC Sampling Point: Upland Investigator(s): J. Sullivan Section, Township, Range: Canton Landform (hillslope, terrace, etc.): Floodplain Local relief (concave, convex, none): none Slope (%): 1% Subregion (LRR or MLRA): N-130B Lat: 35.5419 Long:-82.8458 Datum: NAD83 Soil Map Unit Name: Cullowhee-Nikwasi complex NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation X Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation , Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No X Is the Sampled Hydric Soil Present? Yes No X within a Wetland?Area Yes No X Wetland Hydrology Present? Yes No X Remarks: The area is located in a maintained lawn adjacent to a building HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) _ Surface Soil Cracks (136) _ Surface Water (Al) _ True Aquatic Plants (614) _ Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) _ Drainage Patterns (B10) _ Saturation (A3) _ Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (B16) _ Water Marks (61) _ Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) _ Sediment Deposits (132) _ Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (C8) _ Drift Deposits (133) _ Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) _ Algal Mat or Crust (64) _ Other (Explain in Remarks) _ Stunted or Stressed Plants (131) _ Iron Deposits (85) X_ Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (137) _ Shallow Aquitard (D3) _ Water -Stained Leaves (139) _ Microtopographic Relief (D4) _ Aquatic Fauna (1313) _ FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): - Water Table Present? Yes No X Depth (inches): - Saturation Present? Yes No X Depth (inches): - Wetland Hydrology Present? Yes No X includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) — Use scientific names of plants. Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status 1. Platanus occidentalis 5 X FACW 2. Cercis canidensis 5 X FACU 3. Pyrus callervana 5 X N/A 4. Acer rubrum 5 X FAC 7 20 = Total Cover 50% of total cover: 10 20% of total cover: 4 Sapling/Shrub Stratum (Plot size: 15' ) 1. Rubus aroutus 5 2. Ligustrum sinense 5 3. Elaegnus pungens 5 7. 8. 9. 50% of total cover: 7.5 Herb Stratum (Plot size: 5' ) 1. Festuca sp. 2. 3. 4. 5. 7 X FACU X FACU X N/A 15 = Total Cover _ 20% of total cover: 3 75 X N/A Sampling Point: Upland Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 2 (A) Total Number of Dominant Species Across All Strata: 9 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 22% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hvdrophvtic Veoetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation _ 2 - Dominance Test is >50% _ 3 - Prevalence Index is 53.0' _ 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) _ Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree — Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub — Woody plants, excluding vines, less 9 than 3 in. DBH and greater than or equal to 3.28 ft (1 10. m) tall. 11. Herb — All herbaceous (non -woody) plants, regardless 75 = Total Cover of size, and woody plants less than 3.28 ft tall. 50% of total cover: 37.5 20% of total cover: 15 30' Woody vine — All woody vines greater than 3.28 ft in Woody Vine Stratum (Plot size: ) height. 1. Lonicera japonica 5 X FACU 2. 3. 4. Hydrophytic 5• Vegetation 5 = Total Cover Present? Yes No X 50% of total cover: 2•5 20% of total cover: 1 Remarks: (Include photo numbers here or on a separate sheet.) The area is located in a maintained lawn adjacent to a building US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 SOIL Sampling Point: Upland Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Tvoe Loc Texture Remarks 0-2 10YR 3/2 100 SL 2-5 10YR 3/3 100 SL 5-18+ 10YR 3/4 100 SCL -'Type: C=Concentration, D=De letion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soil;'.- - Histosol (Al) _ Dark Surface (S7) _ 2 cm Muck (A10) (MLRA 147) _ Histic Epipedon (A2) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ Coast Prairie Redox (A16) _ Black Histic (A3) _ Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147, 148) _ Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (172) _ Piedmont Floodplain Soils (F19) _ Stratified Layers (A5) _ Depleted Matrix (F3) (MLRA 136, 147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (176) _ Very Shallow Dark Surface (TF12) Depleted Below Dark Surface (At 1) _ Depleted Dark Surface (F7) _ Other (Explain in Remarks) _ Thick Dark Surface (Al2) _ Redox Depressions (178) _ Sandy Mucky Mineral (S1) (LRR N, _ Iron -Manganese Masses (F12) (LRR N, MLRA 147,148) MLRA 136) _ Sandy Gleyed Matrix (S4) _ Umbric Surface (F13) (MLRA 136,122) 3Indicators of hydrophytic vegetation and _ Sandy Redox (S5) _ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, _ Stripped Matrix (S6) _ Red Parent Material (F21) (MLRA 127, 147) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No X US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 NC SAM FIELD ASSESSMENT RESULTS user manual version z.i USACE AID #: NCDWR #: INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT/SITE INFORMATION: 1. Project name (if any): Beaverdam Creek Dam Removal 2. Date of evaluation: 4/17/17 3. Applicant/owner name: KCI 4. Assessor name/organization: J. Sullivan / KCI 5. County: Haywood 6. Nearest named water body 7. River basin: French Broad on USGS 7.5-minute quad: Beaverdam Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.5420 /-82.8458 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): Beaverdam Creek 10. Length of assessment reach evaluated (feet): 50 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 4 ❑Unable to assess channel depth. 12. Channel width at top of bank (feet): 20 13. Is assessment reach a swamp steam? ❑Yes ❑No 14. Feature type: ®Perennial flow ❑Intermittent flow OTidal Marsh Stream STREAM CATEGORY INFORMATION: 15. NC SAM Zone: ® Mountains (M) ❑ Piedmont (P) ❑ Inner Coastal Plain (1) ❑ Outer Coastal Plain (0) 16. Estimated geomorphic ®Al-�� l ❑B valley shape (skip for Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip ❑Size 1 (< 0.1 mil) ❑Size 2 (0.1 to < 0.5 mil) ❑Size 3 (0.5 to < 5 mil) ®Size 4 (2 5 mi2) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑Section 10 water ❑Classified Trout Waters ❑Water Supply Watershed (01 Oil 0111 ❑IV ❑V) ❑Essential Fish Habitat ❑Primary Nursery Area ❑ High Quality Waters/Outstanding Resource Waters ❑Publicly owned property ❑NCDWR Riparian buffer rule in effect ❑Nutrient Sensitive Waters ❑Anadromous fish 0303(d) List ❑CAMA Area of Environmental Concern (AEC) ❑Documented presence of a federal and/or state listed protected species within the assessment area. List species: ❑Designated Critical Habitat (list species) section or attached? 1. Channel Water- assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) ®A Water throughout assessment reach. ❑B No flow, water in pools only. ❑C No water in assessment reach. 2. Evidence of Flow Restriction - assessment reach metric ®A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams, beaver dams). ❑B Not A 3. Feature Pattern - assessment reach metric ®A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). ❑B Not 4. Feature Longitudinal Profile - assessment reach metric ®A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). ❑B Not A 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). ❑A < 10% of channel unstable ®B 10 to 25% of channel unstable ❑C > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB ❑A ❑A Little or no evidence of conditions that adversely affect reference interaction ®B ®B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) ❑C ❑C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplainfintertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. ❑A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) ®B Excessive sedimentation (burying of stream features or intertidal zone) ❑C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem ❑D Odor (not including natural sulfide odors) ❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch" section. OF Livestock with access to stream or intertidal zone ❑G Excessive algae in stream or intertidal zone ❑H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) 01 Other: (explain in "Notes/Sketch" section) ❑J Little to no stressors 8. Recent Weather — watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. ❑A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours ❑B Drought conditions and rainfall exceeding 1 inch within the last 48 hours ®C No drought conditions 9. Large or Dangerous Stream — assessment reach metric ❑Yes ®No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types — assessment reach metric 10a. ®Yes ❑No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) ❑A Multiple aquatic macrophytes and aquatic mosses -a N ❑F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) -a Eu ❑G Submerged aquatic vegetation ❑B Multiple sticks and/or leaf packs and/or emergent ❑H Low -tide refugia (pools) vegetation t = ❑I Sand bottom ❑C Multiple snags and logs (including lap trees) W ❑J 5% vertical bank along the marsh ❑D 5% undercut banks and/or root mats and/or roots ❑K Little or no habitat in banks extend to the normal wetted perimeter ®E Little or no habitat """*"'*'*"**"REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS*****"'* 11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11a. ®Yes ❑No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11b. Bedform evaluated. Check the appropriate box(es). ®A Riffle -run section (evaluate 11c) ®B Pool -glide section (evaluate 11d) ❑C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but < 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P ® ❑ ❑ ❑ ❑ Bedrock/saprolite ® ❑ ❑ ❑ ❑ Boulder (256 — 4096 mm) ❑ ® ❑ ❑ ❑ Cobble (64 — 256 mm) ❑ ❑ ® ❑ ❑ Gravel (2 — 64 mm) ❑ ❑ ❑ ® ❑ Sand (.062 — 2 mm) ❑ ® ❑ ❑ ❑ Silt/clay (< 0.062 mm) ® ❑ ❑ ❑ ❑ Detritus ® ❑ ❑ ❑ ❑ Artificial (rip -rap, concrete, etc.) 11d. ®Yes ❑No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12. Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams) 12a. ®Yes ❑No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. ❑No Water ❑Other: 12b. ®Yes []No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and ❑ ❑Adult frogs ❑ ❑Aquatic reptiles ❑ ❑Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal ❑ ❑Beetles ❑ ❑Caddisfly larvae (T) ❑ ❑Asian clam (Corbicula) ® ❑Crustacean (isopod/amphipod/crayfish/shrimp) ❑ ❑Damselfly and dragonfly larvae ❑ ❑Dipterans ® ❑Mayfly larvae (E) ❑ ❑Megaloptera (alderfly, fishfly, dobsonfly larvae) ❑ ❑Midges/mosquito larvae ® ❑Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) ❑ ❑Mussels/Clams (not Corbicula) ❑ ❑Other fish ❑ ❑Salamanders/tadpoles ❑ ❑Snails ❑ ❑Stonefly larvae (P) ❑ ❑Tipulid larvae ❑ ❑Worms/leeches "taxa" for Size 3 and 4 streams. mats) 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB ❑A ❑A Little or no alteration to water storage capacity over a majority of the streamside area ®B ❑B Moderate alteration to water storage capacity over a majority of the streamside area ❑C ®C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB ❑A ❑A Majority of streamside area with depressions able to pond water 2 6 inches deep ❑B ❑B Majority of streamside area with depressions able to pond water 3 to 6 inches deep ®C ®C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB ❑Y ❑Y Are wetlands present in the streamside area? ON ON 16. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. ❑A Streams and/or springs (jurisdictional discharges) ❑B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) ❑C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir) ❑D Evidence of bank seepage or sweating (iron in water indicates seepage) ®E Stream bed or bank soil reduced (dig through deposited sediment if present) ❑F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. ❑A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) ®B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) ❑C Urban stream (Z 24% impervious surface for watershed) ®D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach ❑E Assessment reach relocated to valley edge OF None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ❑A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ®B Degraded (example: scattered trees) ❑C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB ❑A ❑A ❑A ❑A 2 100 feet wide or extends to the edge of the watershed ❑B ❑B ❑B ❑B From 50 to < 100 feet wide ®C ®C ®C ❑C From 30 to < 50 feet wide ❑D ❑D ❑D ❑D From 10 to < 30 feet wide ❑E ❑E ❑E ®E < 10 feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB ❑A ❑A Mature forest ®B ❑B Non -mature woody vegetation or modified vegetation structure ❑C ®C Herbaceous vegetation with or without a strip of trees < 10 feet wide ❑D ❑D Maintained shrubs ❑E ❑E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). It) hO1N Of 01 burs bA Yidi�t bfhk, C-ilrl�fi� ltd 1biMhc2: ❑ Abuts < 30 feet 30-50 feet LB RB LB RB LB RB ❑A ❑A ❑A ❑A ❑A ❑A Row crops ❑B ❑B ❑B ❑B ❑B ❑B Maintained turf ❑C ❑C ❑C ❑C ❑C ❑C Pasture (no livestock)/commercial horticulture ❑D ❑D ❑D ®D ❑D ❑D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB ❑A ❑A Medium to high stem density ®B ❑B Low stem density ❑C ®C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide. LB RB ®A ❑A The total length of buffer breaks is < 25 percent. ❑B ®B The total length of buffer breaks is between 25 and 50 percent. ❑C ❑C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB ❑A ❑A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. ®B ❑B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. ❑C ®C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. ❑Yes ®No Was conductivity measurement recorded? If No, select one of the following reasons. []No Water []Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). ❑A < 46 ❑B 46 to < 67 ❑C 67 to < 79 ❑D 79 to < 230 ❑E 2 230 Notes/Sketch: Cattle have access to the stream a Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Beaverdam Creek Dam Date of Assessment 4/17/17 Removal Stream Category Ma4 Assessor Name/Organization J. Sullivan / KCI Notes of Field Assessment Form (Y/N) YES Presence of regulatory considerations (Y/N) NO Additional stream information/supplementary measurements included (Y/N) YES NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Perennial USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology LOW (2) Baseflow HIGH (2) Flood Flow LOW (3) Streamside Area Attenuation LOW (4) Floodplain Access MEDIUM (4) Wooded Riparian Buffer LOW (4) Microtopography LOW (3) Stream Stability LOW (4) Channel Stability MEDIUM (4) Sediment Transport LOW (4) Stream Geomorphology LOW (2) Stream/Intertidal Zone Interaction NA (2) Longitudinal Tidal Flow NA (2) Tidal Marsh Stream Stability NA (3) Tidal Marsh Channel Stability NA (3) Tidal Marsh Stream Geomorphology NA (1) Water Quality MEDIUM (2) Baseflow HIGH (2) Streamside Area Vegetation LOW (3) Upland Pollutant Filtration LOW (3) Thermo regulation MEDIUM (2) Indicators of Stressors NO (2) Aquatic Life Tolerance MEDIUM (2) Intertidal Zone Filtration NA (1) Habitat LOW (2) In -stream Habitat LOW (3) Baseflow HIGH (3) Substrate MEDIUM (3) Stream Stability MEDIUM (3) In -stream Habitat LOW (2) Stream -side Habitat LOW (3) Stream -side Habitat LOW (3) Thermo regulation MEDIUM (2) Tidal Marsh In -stream Habitat NA (3) Flow Restriction NA (3) Tidal Marsh Stream Stability NA (4) Tidal Marsh Channel Stability NA (4) Tidal Marsh Stream Geomorphology NA (3) Tidal Marsh In -stream Habitat NA (2) Intertidal Zone NA Overall LOW MMMM=r4� MMMMAIIM� +� ISO 9001:2008 CERTIFIED ENGINEERS • PLANNERS . SCIENTISTS • CONSTRUCTION MANAGERS KCI4505 Falls of Neuse Rd., Suite 400 • Raleigh, NC 27609 • Phone 919-783-9214 • Fax 919-783.9266 ASSOCIATES OF NC 1. 09/12/16 - View of dam looking upstream. 2. 11/08/16 - View of dam looking upstream from western bank. THE MOST IN(REDIRIE THING WE A ENGINEERED IS OUR TEAM WWW. Kc .COM 5. 04/22/20 -View of Beaverdam Creek flowing overtop the dam from eastern bank. 6. 04/22/20 - View of Beaverdam Creek flowing overtop dap looking upstream. THE MOST INCREDIBEE THING WE'VE ENGINEERED IS OUR TEAM M NAV . K( 1. c ON1 The Beaverdam Creek Dam Removal Project is located on properties owned by: J N Powell Jr. Family LTD PTNRP Viola Forga Trust (Chris Forga) PIN — 8657-64-1379 and 8657-64-2381 Deed Book 516; Page 875 PO Box 188 Hazelwood, NC 28738 Phone: (828) 400-4400 Email: Chris@forgarentalproperties.com J N Powell Jr. Family LTD PTNRP (Sam Powell) Viola Forga Trust PIN — 8657-64-1379 and 8657-64-2381 Deed Book 516; Page 875 PO Box 10 Clyde, NC 28721 Phone: (828) 507-2820 Email: N/A David Collins Brooks PIN — 8657-64-3535 Deed Book 926; Page 768 24 North Canton Road Canton, NC 28716 Phone: (828) 367-8733 Email: N/A Hope Harrison Andrews PIN — 8657-64-3400 Deed Book 1011; Page 1053 550 Case Cove Road Chandler, NC 28715-9226 Phone: (828) 273-4673 Email: ebbyhope@yahoo.com LAND ACCESS LICENSE AGREEMENT THIS LAND ACCESS LICENSE AGREEMENT ("License Agreement") is by and between Chris Forga on behalf of the Viola Forga Trust ("Licensor"), and American Rivers, Inc. ("Licensee"), ("the Parties"). WHEREAS, the Licensor is the owner of the property at PIN 8657-64-1379 located at 328 Champion Dr, Canton, NC ("Property"); WHEREAS, the Property contains a dam on Beaverdam Creek; WHEREAS, the Licensor and the Licensee agree to remove the dam for the purpose of restoring the river; WHEREAS, the Licensee has requested access to the Property for the purpose of survey, construction/demolition, and monitoring related to the river restoration (the "Work"); NOW THEREFORE, in consideration of the mutual premises, promises and covenants, that are hereby acknowledged by the parties, the parties agree as follows: Licensor grants to Licensee, its employees, representatives, contractors, and subcontractors, including but not limited to KCI, US Fish and Wildlife Service, Haywood Waterways Association ("Project Partners") the right to access the Property at all reasonable times for the purpose of performing the Work. This License Agreement shall commence on the date that it is fully executed by the Parties and shall continue until Licensee completes the Work, but no later than December 31, 2022 The rights granted by this License are specifically designed to inure to the benefit of the Licensee and its contractors, subcontractors, employees and representatives, including the Project Partners. The Licensor and the Licensee agree that this License Agreement does not convey any right, title, easement or interest of a permanent nature in the Property to the Licensee or any other person. The Licensor and Licensee agree that this License Agreement does not waive other rights either party may have under federal, state, and local law. 4. Upon termination of the Work, Licensee shall restore any portions of the Property disturbed by the Work, as set forth in a detailed site plan to be provided at a later date, with the understanding that the Dams will have been removed and associated habitat restoration activities will have been completed. Licensee shall, at its own cost and expense, maintain and keep in force at all times during the License Period: (1) commercial general liability insurance, which shall include contractual liability coverage against third -party claims for bodily injury or property damage occurring on the Property as a result of Licensee or Project Partners' Work; primary coverage will be a minimum aggregate limit of not less than $1,000,000 and excess umbrella aggregate limit of not less than $2,000,000; and (2) Employers' Liability and Workers' Compensation Insurance to the extent required by law. 6. Licensee accepts the condition of the Property "as is" and acknowledges that Licensor has not made and makes no warranty of any kind as to the condition of the Property for the use intended under this License. Licensee assumes no liability for any existing or future environmental conditions of the Property. Licensor indemnifies and holds harmless Licensee for any pollutants, hazardous materials and/or substances on the Property from acts or omissions of Licensor and/or past owners, operators, or tenants of the Property, and acts or omissions of any transporters and/or arrangers of any pollutants, hazardous materials and/or substances on the Property, which may be disturbed as a result of the Work. Licensee agrees to notify Licensor of any such pollutants, hazardous materials and/or substances discovered on the Property in accordance with, or as a result of, the Work. The Licensor's obligations under this section shall survive the termination of this License Agreement. Neither party shall be liable to the other for any liability for consequential, special or incidental damages including, without limitation, any damages arising out of business interruption, lost profits, loss of rental income, or loss of the use of the Property whether any such claim is brought by Licensor, Licensor's tenants or any other third party. 9. This License Agreement shall be governed and construed under and in accordance with the laws of the State of North Carolina. 10. This License Agreement constitutes the entire agreement by and between the parties hereto and no other oral or written agreements, arrangements, representations or understandings, unless specifically noted herein, shall be deemed to be in existence. This License Agreement, for all purposes, supersedes all prior agreements, written or oral, if any, between the parties hereto, and may not be amended or modified except by an instrument in writing signed by all parties to be bound. 11. The license granted hereby is personal to Licensee and shall not be assigned or sub -licensed without the prior written consent of Licensor. Licensor shall transfer the rights and obligations of this License Agreement to any successors, heirs, executors, lessees, or assigns of the Property for the remainder of the License Period, including but not limited to the remainder of Work to be completed by Licensee and its Project Partners. This Agreement shall be binding upon the parties hereto, and their respective successors and assigns. 2 Any Notices under this License Agreement shall be deemed duly delivered if hand -delivered or mailed by U.S. certified mail, return receipt requested, to: Licensor: Viola Forga Trust PO Box 188 Hazelwood, NC 28738 Attn: Chris Forga Licensee: American Rivers 12 Rex Dr Asheville, NC 28806 Attn: Erin McCombs With a copy to: American Rivers, Inc. ATTN: General Counsel 1101 14`h St., NW Suite 1400 Washington, DC 20005 IN WITNESS WHEREOF, the Licensor and Licensee have executed this License Agreement as of the day and the year first set forth above. 0,0799,. Witness: VIOLA FORGA TRUST CHRIS FORGA Bv: GCJ Date: c� f ova AMERICAN RIVERS, INC. i'm Date: 9/8/2020 3 LAND ACCESS LICENSE AGREEMENT THIS LAND ACCESS LICENSE AGREEMENT ("License Agreement") is by and between Sam Powell on behalf of J N Powell Family Limited Partnership ("Licensor"), and American Rivers, Inc. ("Licensee"), ("the Parties"). WHEREAS, the Licensor is the owner of the property at PIN 8657-64-1379 located at 328 Champion Dr, Canton, NC ("Property"); WHEREAS, the Property contains a dam on Beaverdam Creek; WHEREAS, the Licensor and the Licensee agree to remove the dam for the purpose of restoring the river; WHEREAS, the Licensee has requested access to the Property for the purpose of survey, construction/demolition, and monitoring related to the river restoration (the "Work"); NOW THEREFORE, in consideration of the mutual premises, promises and covenants, that are hereby acknowledged by the parties, the parties agree as follows: 1. Licensor grants to Licensee, its employees, representatives, contractors, and subcontractors, including but not limited to KCI, US Fish and Wildlife Service, Haywood Waterways Association ("Project Partners") the right to access the Property at all reasonable times for the purpose of performing the Work. 2. This License Agreement shall commence on the date that it is fully executed by the Parties and shall continue until Licensee completes the Work, but no later than December 31, 2022 The rights granted by this License are specifically designed to inure to the benefit of the Licensee and its contractors, subcontractors, employees and representatives, including the Project Partners. 3. The Licensor and the Licensee agree that this License Agreement does not convey any right, title, easement or interest of a permanent nature in the Property to the Licensee or any other person. The Licensor and Licensee agree that this License Agreement does not waive other rights either party may have under federal, state, and local law. 4. Upon termination of the Work, Licensee shall restore any portions of the Property disturbed by the Work, as set forth in a detailed site plan to be provided at a later date, with the understanding that the Dams will have been removed and associated habitat restoration activities will have been completed. 5. Licensee shall, at its own cost and expense, maintain and keep in force at all times during the License Period: (1) commercial general liability insurance, which shall include contractual liability coverage against third -party claims for bodily injury or property damage occurring on the Property as a result of Licensee or Project Partners' Work; primary coverage will be a minimum aggregate limit of not less than $1,000,000 and excess umbrella aggregate limit of not less than $2,000,000; and (2) Employers' Liability and Workers' Compensation Insurance to the extent required by law. 6. Licensee accepts the condition of the Property "as is" and acknowledges that Licensor has not made and makes no warranty of any kind as to the condition of the Property for the use intended under this License. 7. Licensee assumes no liability for any existing or future environmental conditions of the Property. Licensor indemnifies and holds harmless Licensee for any pollutants, hazardous materials and/or substances on the Property from acts or omissions of Licensor and/or past owners, operators, or tenants of the Property, and acts or omissions of any transporters and/or arrangers of any pollutants, hazardous materials and/or substances on the Property, which may be disturbed as a result of the Work. Licensee agrees to notify Licensor of any such pollutants, hazardous materials and/or substances discovered on the Property in accordance with, or as a result of, the Work. The Licensor's obligations under this section shall survive the termination of this License Agreement. Neither party shall be liable to the other for any liability for consequential, special or incidental damages including, without limitation, any damages arising out of business interruption, lost profits, loss of rental income, or loss of the use of the Property whether any such claim is brought by Licensor, Licensor's tenants or any other third party. 9. This License Agreement shall be governed and construed under and in accordance with the laws of the State of North Carolina. 10. This License Agreement constitutes the entire agreement by and between the parties hereto and no other oral or written agreements, arrangements, representations or understandings, unless specifically noted herein, shall be deemed to be in existence. This License Agreement, for all purposes, supersedes all prior agreements, written or oral, if any, between the parties hereto, and may not be amended or modified except by an instrument in writing signed by all parties to be bound. 11. The license granted hereby is personal to Licensee and shall not be assigned or sub -licensed without the prior written consent of Licensor. Licensor shall transfer the rights and obligations of this License Agreement to any successors, heirs, executors, lessees, or assigns of the Property for the remainder of the License Period, including but not limited to the remainder of Work to be completed by Licensee and its Project Partners. This Agreement shall be binding upon the parties hereto, and their respective successors and assigns. Any Notices under this License Agreement shall be deemed duty delivered ifhand-delivered or mailed by U.S. certified mail, return receipt requested, to: Licensor: J N Powell Family Limited Partnership PO Box 10 Clyde, NC 28721 Attn: Sam Powell Licensee: American Rivers 12 Rex Dr Asheville, NC 28806 Attn: Erin McCombs With a copy to: American Rivers, Inc. AT -TN: General Counsel l 101 14'h St., NW Suite 1400 Washington, DC 20005 IN WITNESS WHEREOF, the Licensor and Licensee have executed this License Agreement as of the day and the year first set forth above. Witness: Witness: J N POWELL FAMILY LIMITED PARTNERSHIP SAM POWELL y By: Date: AMERICAN RIVERS, INC. WS Date: 3 LAND ACCESS LICENSE AGREEMENT THIS LAND ACCESS LICENSE AGREEMENT ("License Agreement") is by and between David Collins Brooks ("Licensor"), and American Rivers, Inc. ("Licensee"), ("the Parties"). WHEREAS, the Licensor is the owner of the property at PIN 8657-64-3535 located at 24 Canton Rd., Canton, NC 28716 ("Property"); WHEREAS, the Property contains streamside along Beaverdam Creek; WHEREAS, the Licensor and the Licensee agree to streambank restoration for the purpose of restoring the river; WHEREAS, the Licensee has requested access to the Property for the purpose of survey, construction/demolition, and monitoring related to the river restoration (the "Work"); NOW THEREFORE, in consideration of the mutual premises, promises and covenants, that are hereby acknowledged by the parties, the parties agree as follows: 1. Licensor grants to Licensee, its employees, representatives, contractors, and subcontractors, including but not limited to KCI, US Fish and Wildlife Service, Haywood Waterways Association ("Project Partners") the right to access the Property at all reasonable times for the purpose of performing the Work. 2. This License Agreement shall commence on the date that it is fully executed by the Parties and shall continue until Licensee completes the Work, but no later than December 31, 2022 The rights granted by this License are specifically designed to inure to the benefit of the Licensee and its contractors, subcontractors, employees and representatives, including the Project Partners. The Licensor and the Licensee agree that this License Agreement does not convey any right, title, easement or interest of a permanent nature in the Property to the Licensee or any other person. The Licensor and Licensee agree that this License Agreement does not waive other rights either party may have under federal, state, and local law. 4. Upon termination of the Work, Licensee shall restore any portions of the Property disturbed by the Work, as set forth in a detailed site plan to be provided at a later date, with the understanding that the Dams will have been removed and associated habitat restoration activities will have been completed. 5. Licensee shall, at its own cost and expense, maintain and keep in force at all times during the License Period: (1) commercial general liability insurance, which shall include contractual liability coverage against third -party claims for bodily injury or property damage occurring on the Property as a result of Licensee or Project Partners' Work; primary coverage will be a minimum aggregate limit of not less than $1,000,000 and excess umbrella aggregate limit of not less than $2,000,000; and (2) Employers' Liability and Workers' Compensation Insurance to the extent required by law. Licensee accepts the condition of the Property "as is" and acknowledges that Licensor has not made and makes no warranty of any kind as to the condition of the Property for the use intended under this License. Licensee assumes no liability for any existing or future environmental conditions of the Property. Licensor indemnifies and holds harmless Licensee for any pollutants, hazardous materials and/or substances on the Property from acts or omissions of Licensor and/or past owners, operators, or tenants of the Property, and acts or omissions of any transporters and/or arrangers of any pollutants, hazardous materials and/or substances on the Property, which may be disturbed as a result of the Work. Licensee agrees to notify Licensor of any such pollutants, hazardous materials and/or substances discovered on the Property in accordance with, or as a result of, the Work. The Licensor's obligations under this section shall survive the termination of this License Agreement. Neither party shall be liable to the other for any liability for consequential, special or incidental damages including, without limitation, any damages arising out of business interruption, lost profits, loss of rental income, or loss of the use of the Property whether any such claim is brought by Licensor, Licensor's tenants or any other third party. 9. This License Agreement shall be governed and construed under and in accordance with the laws of the State of North Carolina. 10. This License Agreement constitutes the entire agreement by and between the parties hereto and no other oral or written agreements, arrangements, representations or understandings, unless specifically noted herein, shall be deemed to be in existence. This License Agreement, for all purposes, supersedes all prior agreements, written or oral, if any, between the parties hereto, and may not be amended or modified except by an instrument in writing signed by all parties to be bound. H . The license granted hereby is personal to Licensee and shall not be assigned or sub -licensed without the prior written consent of Licensor. Licensor shall transfer the rights and obligations of this License Agreement to any successors, heirs, executors, lessees, or assigns of the Property for the remainder of the License Period, including but not limited to the remainder of Work to be completed by Licensee and its Project Partners. This Agreement shall be binding upon the parties hereto, and their respective successors and assigns. 2 Any Notices under this License Agreement shall be deemed duly delivered if hand -delivered or mailed bN U.S. certified mail, return receipt requested, to: Licensor: David Collins Brooks 24 N Canton Rd Canton, NC 28716 Attn: Sam Powell Licensee: American Rivers 12 Rex Dr Asheville, NC 28806 Attn: Erin McCombs With a copy to: American Rivers, Inc. ATTN: General Counsel 1101 14`h St., NW Suite 1400 Washington, DC 20005 IN WITNESS WHEREOF, the Licensor and Licensee have executed this License Agreement as of the day and the year first set forth above. Witness: N. y l-vxjol'^!�X7� Am, Witness: DAVID COLLINS BROOKS By: Date: AMERICAN RIVERS, INC. 3 LAND ACCESS LICENSE AGREEMENT THIS LAND ACCESS LICENSE AGREEMENT ("License Agreement") is by and between Hope Harrison Andrews ("Licensor"), and American Rivers, Inc. ("Licensee"), ("the Parties"). WHEREAS, the Licensor is the owner of the property at PIN 8657-64-3400 located at Beaverdam Rd., Canton, NC ("Property"); WHEREAS, the Property contains streamside along Beaverdam Creek; WHEREAS, the Licensor and the Licensee agree to streambank restoration for the purpose of restoring the river; WHEREAS, the Licensee has requested access to the Property for the purpose of survey, construction/demolition, and monitoring related to the river restoration (the "Work"); NOW THEREFORE, in consideration of the mutual premises, promises and covenants, that are hereby acknowledged by the parties, the parties agree as follows: Licensor grants to Licensee, its employees, representatives, contractors, and subcontractors, including but not limited to KCI, US Fish and Wildlife Service, Haywood Waterways Association ("Project Partners") the right to access the Property at all reasonable times for the purpose of performing the Work. 2. This License Agreement shall commence on the date that it is fully executed by the Parties and shall continue until Licensee completes the Work, but no later than December 31, 2022 The rights granted by this License are specifically designed to inure to the benefit of the Licensee and its contractors, subcontractors, employees and representatives, including the Project Partners. 3. The Licensor and the Licensee agree that this License Agreement does not convey any right, title, easement or interest of a permanent nature in the Property to the Licensee or any other person. The Licensor and Licensee agree that this License Agreement does not waive other rights either party may have under federal, state, and local law. 4. Upon termination of the Work, Licensee shall restore any portions of the Property disturbed by the Work, as set forth in a detailed site plan to be provided at a later date, with the understanding that the Dams will have been removed and associated habitat restoration activities will have been completed. Licensee shall, at its own cost and expense, maintain and keep in force at all times during the License Period: (1) commercial general liability insurance, which shall include contractual liability coverage against third -party claims for bodily injury or property damage occurring on the Property as a result of Licensee or Project Partners' Work; primary coverage will be a minimum aggregate limit of not less than $1,000,000 and excess umbrella aggregate limit of not less than $2,000,000; and (2) Employers' Liability and Workers' Compensation Insurance to the extent required by law. 6. Licensee accepts the condition of the Property "as is" and acknowledges that Licensor has not made and makes no warranty of any kind as to the condition of the Property for the use intended under this License. Licensee assumes no liability for any existing or future environmental conditions of the Property. Licensor indemnifies and holds harmless Licensee for any pollutants, hazardous materials and/or substances on the Property from acts or omissions of Licensor and/or past owners, operators, or tenants of the Property, and acts or omissions of any transporters and/or arrangers of any pollutants, hazardous materials and/or substances on the Property, which may be disturbed as a result of the Work. Licensee agrees to notify Licensor of any such pollutants, hazardous materials and/or substances discovered on the Property in accordance with, or as a result of, the Work. The Licensor's obligations under this section shall survive the termination of this License Agreement. 8. Neither party shall be liable to the other for any liability for consequential, special or incidental damages including, without limitation, any damages arising out of business interruption, lost profits, loss of rental income, or loss of the use of the Property whether any such claim is brought by Licensor, Licensor's tenants or any other third party. 9. This License Agreement shall be governed and construed under and in accordance with the laws of the State of North Carolina. 10. This License Agreement constitutes the entire agreement by and between the parties hereto and no other oral or written agreements, arrangements, representations or understandings, unless specifically noted herein, shall be deemed to be in existence. This License Agreement, for all purposes, supersedes all prior agreements, written or oral, if any, between the parties hereto, and may not be amended or modified except by an instrument in writing signed by all parties to be bound. 11. The license granted hereby is personal to Licensee and shall not be assigned or sub -licensed without the prior written consent of Licensor. Licensor shall transfer the rights and obligations of this License Agreement to any successors, heirs, executors, lessees, or assigns of the Property for the remainder of the License Period, including but not limited to the remainder of Work to be completed by Licensee and its Project Partners. This Agreement shall be binding upon the parties hereto, and their respective successors and assigns. Any Notices under this License Agreement shall be deemed duly delivered if hand -delivered or mailed by U.S. certified mail, return receipt requested, to: Licensor. Hope Harrison Andrews 550 Case Cove Rd Candler, NC 28715 Attn: Hope Harrison Andrews Licensee: American Rivers 12 Rex Dr Asheville, NC 28806 Attn: Erin McCombs With a copy to: American Rivers, Inc. ATI'N: General Counsel 1101 10 St., NW Suite 1400 Washington, DC 20005 IN WITNESS WHEREOF, the Licensor and Licensee have executed this License Agreement as of the day and the year first set forth above. Witne stephejl 3arn wel Witness: HOPE HARRISON ANDREWS AMERICAN RIVERS, INC. By: Date: 3 c. J �6� WIIIIIIIIIIIEF4� tt mmrd� wmmd� ISO 9001:2008CERTIFIED ttttttttttiti� — - - --- — -- �� ENbINEERS PLANNERS SCIENTISTS • CONSTRUCTION MANAGERS KC14505 Falls of Neuse Rd., Suite 400 • Raleigh, NC 27609 • Phone 919-783-9214 • Fax 919-783-9266 ASSOCIATES OF NC August 13, 2020 Mr. David Brown Asheville Regulatory Field Office US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Subject: Sediment and Hydraulic Analysis Memo Beaverdam Creek Dam Removal Haywood County, North Carolina Dear Mr. Brown; This memo addresses the requirement for de minimis impacts related to sediment release for this dam removal project as well as an analysis of the stability of the designed grade control structures. Sediment Analysis An analysis of the sediment transport was conducted to provide evidence that water quality impacts will be de minimis with the removal of the dam and the release of the sediment behind the dam. The dam had been intact throughout recent history until a gate at the bottom of the dam breached in 2015, drawing down the water and sediment that had been impounded. In the 2017 site visit and survey, this breach was observed with little sediment trapped behind the dam. Since that visit, the gate has apparently become clogged with debris and sediment has again accumulated behind the dam. The breach and the change from 2017 to 2020 can be seen in the pictures below. Figure 1. Looking Upstream at the Hole in the Dam in 2017 [mpluyee-Owned Since 1988 RISE TO THE CHALLENGE WWW.KCI.COM Figure 2. Looking at the Upstream Condition of the Dam in 2017 Figure 3. Looking at the Upstream Condition of the Dam in 2020 To remove the dam, the impoundment will be dewatered by either opening up the existing gate or notching the dam to the gate to release the backed -up water and lower the water surface elevation behind the dam. A sediment analysis was completed in HEC-RAS 4.1.0 model to determine the amount of sediment that would flow through the dam after it was breached. The impact will be considered de minimis, or too small to have a significant detrimental impact on the surrounding ecosystem, if that amount of sediment is lower than the sediment that would typically be released from this watershed during a 20-year storm event. The extent of the sediment that would be disturbed with the removal of the dam was assumed to be located within the backwater of the dam, which extends 600' upstream of the dam. In this reach of stream, the depth of the sediment that would be disturbed was predicted based on the bed difference between the 2017 and 2020 surveys along with an extra two feet in depth below the 2017 surface to be more conservative. In cross -sections outside of the survey but within the backwater of the dam it was assumed that the bed would change up to two feet below the existing ground. Employee -Owned Since 1988 RISE TO THE CHALLENGE WWW.KC1.00M The typical bed materials used for the sediment analysis were from bulk samples completed by KCI in 2017. A lateral bar upstream of the dam was sampled twice, once in the upper portion of the bar and once in the lower portion. The bar was dominated by a muddy fine sand, with finer sediment on the downstream side. Each sample was collected to a depth of approximately six inches. The first (upper bar) sample had a D50 below 1 mm and a D84 of 4.57 mm. The second (lower bar) sample had both its D50 and D84 below 1 mm. The second sample was entered as the bed gradation for all of the cross -sections within the backwater of the dam because the sediment was smaller in that area. The rest of the cross -sections used the upstream sample. Table 1 shows the breakdown of each sample. The Laursen (Copeland) sediment transport function method was used with this typical sediment material to predict the rates of sediment movement. This method was used because it includes sediment types down into the silt and sand range, which were observed at the project site. Table 1: Grain Size Classification of Sediment Material Sediment Material Grain Diameter Range (mm) Upper Bar Sample (% Finer) Lower Bar Sample (% Finer) Clay 0.002 - 0.004 Very Fine Silt 0.004 - 0.008 Fine Silt 0.008 - 0.016 Medium Silt 0.016 - 0.032 Course Silt 0.032 - 0.0625 Very Fine Sand 0.0625 - 0.125 Find Sand 0.125 - 0.25 Medium Sand 0.25 - 0.5 Coarse Sand 0.5 - 1 Very Coarse Sand 1-2 64.6 89.6 Very Fine Gravel 2-4 70.9 91.6 Fine Gravel 4-8 80.7 97.1 Medium Gravel 8 - 16 89.5 98.1 Coarse Gravel 16 - 32 96.4 100 Very Coarse Gravel 32 - 64 100 Small Cobbles 64 - 128 Large Cobbles 128 - 256 Small Boulders 256 - 512 Medium Boulders 512 - 1024 Large Boulders 1024 - 2048 A rating curve comparing the suspended sediment load to instantaneous discharge needed to be created to determine the amount of sediment moving through the system. USGS stream gages often have historic data that compares these two variables. Since Beaverdam Creek did not have a USGS gage located within its watershed, several nearby USGS gages were reviewed to determine which gage had the most similar land use cover compared to the project site. The land use cover was predicted from 2011 National Land Cover Database (NLCD) percentages created from StreamStats for the watershed at each site. The Hominy Creek gage, USGS #03448500, had the most similar land uses as seen in the table below. Employee -Owned Since 1988 RISE TO THE CHALLENGE WWw.KC1.COM A Table 2: Watershed Comparisons NLCD 2011 Location River Drainage Area (Sq. Miles) Impervious Cultivated Crops Forest Developed % % % (% Project Site Beaverdam 11.2 1.4 16.2 70.4 11.9 Creek USGS Hominy Gage Creek 79.3 1.5 15.6 69.4 Li.7 #3448500 The historic suspended sediment concentration (mg/L) data was retrieved from the Hominy Creek gage and used to create the rating curve comparing the concentration with the instantaneous discharge measured at the same time. The rating curve graph can be seen below. Any discharge outside of the data was assumed based on the trend line it created. Rating Curve (Discharge Over Suspended Sediment Concentration) 180 160 ■ LL 140 U W 120 j M m 100 80 0 c i ;0 60 c 40 j - ■ y = 0.004xz - 0.5881x + 37.907 20-■�___- RZ=0.9572 I 0 ■ ---------- - ---- 0 50 100 150 200 250 300 Suspended Sediment Concentration (mg/L) ■ USGS #03448500 Hominy Creek — — — — Trendline Empioyee-Owned Since 1988 RISE TO THE CHALLENGE WWW.KCI.COM The following equation was used to convert from suspended sediment concentration (mg/L) to suspended sediment load (ton/day). Qs=Qw*Cs*k QS = Suspended Sediment Load (ton/dat) Qw = Discharge (CFS) CS = Suspended Sediment Concentration (mg/L) K = coefficient (0.0027) Hydrographs, in conjunction with the rating curve, were created for the 2-year and 5-year storm events to determine the amount of sediment that moved through the stream during those storm events. Since there are no observed data on Beaverdam Creek to create the hydrographs, a synthetic SCS dimensionless unit hydrograph was used. This hydrograph uses ratios comparing time to time -to -peak discharge and comparing discharge to peak discharge to create a time over discharge hydrograph. The time -to -peak discharge was calculated using the time of concentration at the confluence of Beaverdam Creek and Pigeon River. The time of concentration was predicted using the watershed lag method which includes the flow length, average watershed land slope, and the curve number. The 2011 NLCD percentages generated from StreamStats determined the curve number used for the calculation. The curve number used was 53 and the time -to -peak discharge was 10.5 hours for the entire Beaverdam Creek watershed. The peak discharges used for the hydrograph ratios were calculated using USGS regression equations from the USGS Rural Equations Report 2009-5158 and are seen in the table below. The 1-year discharge was not included in the USGS equations but was extrapolated from the trendline created from the peak discharges. Table 3: USGS Discharges Storm Event Discharge (CFS 1-Year 284 2-Year 720 5-Year 1273 The hydrographs are shown below along with the cumulative sediment output in tons that was generated from the HEC-RAS model. The total cumulative sediment output for the 2-year storm is 1,186 tons and the 5-year storm is 1,656 tons. Gmplow -c-(honed Since 1988 RISE TO THE CHALLENGE WWW.KCI.COM 2-Year Discharge v Sediment Output 1400 1200 c 600 1000 H a LL 500 800 v O �• Y 400 600 aci o E o u N p 300 400 N v .y 200 200 2 M U 100 0 0 -200 0 5 10 15 20 25 30 35 40 Time (hr) Discharge Cumlative Sediment Output 5-Year Discharge v Sediment Output 1400 1800 1600 1200 1400 0 ~ 1000 1200 a LL u 800 1000 O � c v 800 600 u v V) 600 400 400 E v 200 200 0 0 0 5 10 15 20 25 30 35 40 Time (hr) Discharge —Cumlative Sediment Output E1n��ln�cr-(h+nrtlSinec 1`)�ti RISE TO THE CHALLENGE \\tit1s .KCL( oV Also, a rating curve comparing discharge over stage was developed for the downstream boundary condition. The amount of sediment released with the removal of the dam needed to be calculated to compare with the storm events. A constant 1-year peak discharge was assumed to be the base flow and applied over the time period of a week, the predicted time it would take for the sediment to wash out behind the dam and the water surface elevation to lower enough for work to begin. The total cumulative sediment output for the base flow is 1,570 tons, as seen in the graph below. Base Flow Discharge v Sediment Output 300 1800 1600 250 ! 1400 0 i ~ 200 l 1200 a N LL u ! M F 1000 O 29 150 I 800 ;3 100 600 400 50 v 200 0 _ __. _ _ _ . ____ _.._ _ __ - 0 0.00 20.00 40.00 60.00 80.00 100.00 120.00 140.00 160.00 180.00 Time (hr) Discharge Cumlative Sediment Output The predicted sediment released from the removal of the dam at 1,570 tons is close to the 5-year storm of 1,656 tons and is considered de minimis. The dam is also located near the confluence with the Pigeon River and the amount of sediment that will be generated from the dam removal will most likely be smaller than much smaller storm events within the Pigeon River. Therefore, the estimated amount of sediment released by the removal of the dam will not negatively impact the downstream water quality or ecosystems. Grade Control Structure Stability Analysis The stability of the riprap in the proposed riffles was analyzed by comparing the proposed riprap mixture with the maximum stone size that will move from the 10-year storm. The 10-year storm discharge of 3240 CFS was determined from the FEMA Flood Insurance Study for the Town of Canton, NC. A HEC-RAS model was created for the proposed conditions and produces a maximum shear stress of 6.91b/ft' in the first riffle and 29.8 lb/ft2 in the second riffle. The second riffle has a larger shear stress because it has a steeper slope at 11%. The maximum diameter of the stone that the shear stress will begin to move was determined by using two different trendlines, the Rosgen Colorado trendline and the Leopold, Wolman, and Miller 1964 trendline. The maximum stone diameter for f mhlrvee-Owned Since 1988 RISE TO THE CHALLENGE wVVW.KCI.COM each riffle was calculated as the largest number from the two trendlines and set as the target d100 of the designed riprap mixture. The calculated largest stone size needed for the first riffle is 24.8 in and the second riffle is 72.7 in. The proposed riprap for both riffles will be 40% Class 1 Riprap, 40% Class 2 Riprap, and 20% Boulders which provides a d 100 of 48 in. The first riffle should be stable because the proposed riprap mixture has a larger stone size than the one predicted from the Rosgen trendline. While the second riffle will have a smaller stone size than determined from the trendline, it should be stable because the boulders and riprap will interlock and work together to anchor the riffle in place. Also, the boulders in the proposed riprap mixture should not move because their size was specified to match stable boulders in an existing downstream riffle with a similar slope. The Coefficient of Curvature, Cz, of the riprap mixture was calculated to determine if the mixture is well mixed. Well mixed riprap is needed to make sure that it will anchor in place and have little void space. The Coefficient of Curvature, Cz, for well -mixed rock is between 1 and 3 according to R. F. Craig's Soil Mechanics book. The Coefficient of Curvature is calculated by the equation: Cz = d302/(d6O * d10). The riprap mixture for the project has a Cz of 1.0 which is within the appropriate range. f mph yee-(honed Since 1988 RISE TO 1HL CHALLENGE WWW.KCi.COM Joe Sullivan From: Sent: To: Subject: Attachments: Here's what was sent to Byron. -adam From: Adam Spiller Adam Spiller Monday, November 23, 2020 1:00 PM Joe Sullivan FW: [EXTERNAL] RE: Beaverdam Creek Dam Removal Project BeaverdamCreek_BE_20200831.pdf Sent: Tuesday, September 1, 2020 1:33 PM To: Hamstead, Byron A <byron_hamstead@fws.gov> Cc: Boltin, Walter <walter_boltin@fws.gov>; Erin McCombs (emccombs@americanrivers.org) <emccombs@amencannvers.org>; Joe Sullivan <Joe.Sullivan@kci.com>; david.w.brown@usace.army.mil Subject: RE: [EXTERNAL] RE: Beaverdam Creek Dam Removal Project Byron, Here's the biological evaluation for the project. Let me know if you need anything else or have any questions on this one. We're in the process of wrapping up the permit documents now, so hopefully we're submitting everything soon. Thanks, adam Adam Spiller Regional Praclice Leader — Natural Resources KCI ASSOCIATES OF NORTH CAROLINA 4505 Falls of Neuse Road, Suite 400, Raleigh, NC 27609 adam. spillera-kci.com o: 919.278.2514 1 m: 919.475.3696 www.kci.com From: Hamstead, Byron A <byron hamstead@fws.gov> Sent: Saturday, August 29, 2020 12:31 PM To: Adam Spiller <Adam.Spiller@kci.com> Cc: Boltin, Walter <walter boltin@fws.gov>; Fuemmeler, Amanda J CIV (US) <Amanda.Jones@usace.army.mil> Subject: [External Email] Re: [EXTERNAL] RE: Beaverdam Creek Dam Removal Project *""From IT(a-_)KCI.COM 410-316-7820 *** This is an External Email from outside of KCI.*** Hi Adam, Pls pass along your biological evaluation, habitat assessment, etc. that would be used to support a prudent effect determination from the appropriate action agency. Regards, B Byron Hamstead Fish and Wildlife Biologist U.S. Fish and Wildlife Service Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, North Carolina, 28801 This email correspondence and any attachments to and from this sender is subject to the Freedom of Information Act and may be disclosed to third parties. From: Adam Spiller <Adam.Spiller@kci.com> Sent: Thursday, August 13, 2020 10:44 AM To: Hamstead, Byron A <byron hamstead@fws.Pov> Cc: Boltin, Walter <waiter boltin@fws.eov> Subject: [EXTERNAL] RE: Beaverdam Creek Dam Removal Project This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding. Byron, I just wanted to send you an update on where we are with this project. The permit materials are mostly complete, we just need to wrap up the landowner authorization forms, with Erin at AR is working on. I don't have a great timeframe on that, but it should be done soon. Let me know if you've got time to discuss the project. I want to make sure that everything you want to see will be included in the permit package for your review. The permit materials will have most of the same components as we've talked about before when this project started a few years ago, so if there's nothing additional that you want to see that's fine too. I just want to check. I've copied Tripp on this since it's his crew that will be doing the work. He may be able to answer questions related to the construction side of things if you have them. Thanks, adam Adam Spiller Regional Practice Leader - Natural Resources KCI ASSOCIATES OF NORTH CAROLINA 4505 Falls of Neuse Road, Suite 400, Raleigh, NC 27609 adam.spiller@kci.com o: 919.278.2514 1 m: 919.475.3696 www.kci.com From: Adam Spiller Sent: Tuesday, June 30, 2020 8:34 AM To:'byron_hamstead@fws.gov' <byron hamstead@fws.eov> Subject: Beaverdam Creek Dam Removal Project Byron, I would like to check -in with you on this project when you get a chance. It would be good to update you on the discussions I've had with USACE and DWR over the past few weeks and I want to make sure that the permit support materials will have everything you need for the consultation process. My goal is to have the permit materials ready to submit by the end of July. I've got Thursday morning open for a call if you have time. Anything before noon will work for me. After that, it would need to be the week of July 13`h, I'm on vacation next week. Thanks, adam Adam Spiller Regional Practice Leader — Natural Resources KCI ASSOCIATES OF NORTH CAROLINA 4505 Falls of Neuse Road, Suite 400, Raleigh, NC 27609 adam.spiller(a)kci.com o: 919.278.2514 1 m: 919.475.3696 www.kci.com 150 9001:2008 CERTIFIED ENGINEERS PLANNERS • SCIENTISTS • CONSTRUCTION MANAGERS KCI4505 Falls of Neuse Rd., Suite 400 • Raleigh, NC 27609 • Phone 919-783-9214 • Fax 919-783-9266 ASSOCIATES OF NC MEMORANDUM DATE: August 31, 2020 FROM: Joe Sullivan, KCI Associates of NC TO: U.S. Fish and Wildlife Service Asheville Ecological Services Field Office RE: Biological Evaluation Beaverdam Creek Dam Removal Haywood County, NC KCI Associates of NC has completed a biological evaluation for the Beaverdam Creek Dam Removal Project. The Beaverdam Creek Dam is a privately owned dam and is a complete barrier to upstream movement of aquatic species on the Beaverdam Creek. The Beaverdam Creek Dam is of concrete construction and has a structural height of approximately 12 ft and a length of approximately 65 ft. The dam is currently not maintained, and the normal pool water surface elevation is at times affected by one low-level gate outlet that passes through the spillway section of the dam and is consistently open. In the past this gate has breached, and the impoundment and sediment has drained through the gate. Currently the gate is clogged with debris and flows are going over the top of the dam. The dam structure will be demolished and removed. Portions of the stream banks will be graded and stabilized with bioengineering and native vegetation. The impounded sediment will be released over time due to the dam removal but will meet the'de minimis' sediment condition required by the permits. Please see the attached sediment analysis for supporting information on `de minimis' conditions. A variety of heavy equipment may be used for this project, including track hoes (with a hydraulic hammer), front-end loaders, back hoes, and dump trucks. Threatened and Endangered Species Habitat assessments were performed in conjunction with the wetland and stream delineation on April 17, 2017. The United States Fish and Wildlife Service (USFWS) lists ten federally protected species under the Endangered Species Act (ESA) for Haywood County (Table 1). A brief description of each species' habitat requirements follows, along with the Biological Conclusion rendered based on survey results in the study area. Habitat requirements for each species are based on the current best available information from referenced literature and/or USFWS. Employer -Owned Since 1988 RISE TO THE CHALLENGE WWW.KCI.COM Table 1. Federally protected species listed for Haywood County. Federal Habitat Biological Scientific Name Common Name Status Present Conclusion May affect, but not likely lasmidonta raveneliana Appalachian elktoe E No to adversely affect ombus affinis Rusty -patched bumble E No No Effect bee Geum radiatum Spreading avens E No No Effect Glaucomys sabrinus Carolina northern flying E No No Effect oloratus squirrel Gymnoderma lineare Rock gnome lichen E No No Effect sotria medeoloides Small whorled pogonia T No No Effect icrohexura montivaga Spruce -fir moss spider E No No Effect May affect, but not likely yotis grisescens Gray bat E No to adversely affect May affect, but not likely yotis septentrionalis Nortliern long-eared bat T Yes to adversely affect May affect, but not likely yotis sodalis Indiana bat E Yes to adversely affect E - Endangered; T - Threatened * - Historic record (the species was last observed in the county more than 50 years ago) Appalachian elktoe USFWS Recommended Survey Window: year round Habitat Description: The Appalachian elktoe is known from the French Broad River watershed in North Carolina. The Appalachian elktoe has been observed in moderate- to fast -flowing water, in gravelly substrates often mixed with cobble and boulders, in cracks of bedrock and in relatively silt -free, coarse, sandy substrates. Apparently, stability of the substrate is critical to this species, as it is seldom found in stream reaches with accumulations of silt or shifting sand, gravel, or cobble. Employee -Owned Since 1988 RISE TO THE CHAUENGE WWw.KCI.COM Biological Conclusion: May affect, but not likely to adversely affect There is no suitable habitat for the Appalachian elktoe within the project area. The dam has resulted in accumulation of sand and silt behind the dam and in the upstream portions of Beaverdam Creek. A review of the NCNHP records, updated July 2020, indicates one known Appalachian elktoe occurrence (EO 13495) within 1.0 mile of the study area. This population is found in the Pigeon River approximately 1,400 feet upstream of the confluence with Beaverdam Creek. Rusty -patched bumble bee USFWS Recommended Survey Window: early -June and mid -August Habitat Description: Rusty patched bumble bees once occupied grasslands and tallgrass prairies of the Upper Midwest and Northeast, but most grasslands and prairies have been lost, degraded, or fragmented by conversion to other uses. Bumble bees need areas that provide nectar and pollen from flowers, nesting sites (underground and abandoned rodent cavities or clumps of grasses), and overwintering sites for hibernating queens (undisturbed soil). Bumble bees gather pollen and nectar from a variety of flowering plants. The rusty patched emerges early in spring and is one of the last species to go into hibernation. It needs a constant supply and diversity of flowers blooming throughout the colony's long life, April through September. Biological Conclusion: No Effect Suitable habitat for the rusty -patched bumble bee does not occur in the study area. The USFWS has categorized Haywood County as an "Historical Range: rusty patched bumble bee not present" for rusty -patched bumble bee. Based off the USFWS Survey Protocols, paved areas; mowed lawns; forest where invasive shrubs are dominant and spring ephemeral flowers are absent; and areas mowed too frequently to allow development of diverse wildflower resources are not suitable habitat for the rusty -patched bumble bee. The project area is consist of mowed lawns and forested areas with thick invasive shrubs. The area does not support diverse wildflower resources. Spreading avens USFWS Optimal Survey Window: June -September Habitat Description: Spreading avens occurs in areas exposed to full sun on high -elevation cliffs, outcrops, and bases of steep talus slopes. This perennial herb also occurs in thin, gravelly soils of grassy balds near summit outcrops. The species prefers a northwest aspect, but can be found on west-southwest through north-northeast aspects. Forests surrounding known occurrences are generally dominated by either red spruce -Fraser fir, northern hardwoods Employee -Owned Since 1988 RISE TO THE CHALLENGE WWW.KCI.COM with scattered spruce, or high -elevation red oaks. Spreading avens typically occurs in shallow, acidic soil (such as the Burton series) in cracks and crevices of igneous, metamorphic, or metasedimentary rocks. Soils may be well drained but almost continuously wet, with soils at some known occurrences subject to drying out in summer due to exposure to sun and shallow depths. Known populations occur at elevations ranging from 4,296 to 6,268 feet above mean sea level. Blue Ridge goldenrod, Heller's blazing star, and Roan Mountain bluet are a few of its common associate species. Biological Conclusion: No Effect There is no suitable habitat for spreading avens within the study area. There are no areas exposed to full sunlight at or above 4,200 feet above mean sea level within the study area. Elevations in the study area do not exceed 2,600 feet above mean sea level. A review of the NCNHP records, updated July 2020, indicates no known spreading avens occurrence within 1.0 mile of the study area. Carolina Northern flying squirrel USFWS Recommended Survey Window: May -October; coldest days in coldest winter months (nest box surveys) Habitat Description: There are several isolated populations of the Carolina Northern flying squirrel in the mountains of North Carolina. This nocturnal squirrel prefers the ecotone between coniferous (red spruce, Fraser fir, or hemlock) and mature northern hardwood forests (beech, yellow birch, maple, hemlock, red oak, and buckeye), typically at elevations above 4,500 feet mean sea level. In some instances, the squirrels may be found on narrow, north -facing valleys above 4,000 feet mean sea level. Both forest types are used to search for food and the hardwood forest is used for nesting sites. Mature forests with a thick evergreen understory and numerous snags are most preferable. In winter, squirrels inhabit tree cavities in older hardwoods, particularly yellow birch. Biological Conclusion: No Effect Suitable habitat for the Carolina northern flying squirrel does not exist within the study area. Elevations in the study area do not exceed 2,600 feet above mean sea level. A review of the NCNHP records, updated July 2020, indicates no known Carolina northern flying squirrel occurrence within 1.0 mile of the study area. Employee -Owned Since 1988 RISE TO THE CHAUENGE WWW.KCI.COM Rock gnome lichen USFWS Optimal Survey Window: year round Habitat Description: Rock gnome lichen occurs in high elevation coniferous forests (particularly those dominated by red spruce and Fraser fir) usually on rocky outcrop or cliff habitats. This squamulose lichen only grows in areas with a great deal of humidity, such as high elevations above 5,000 feet mean sea level where there is often fog, or on boulders and large outcrops in deep river gorges at lower elevations. Habitat is primarily limited to vertical rock faces where seepage water from forest soils above flows only at very wet times. The species requires a moderate amount of sunlight, but cannot tolerate high - intensity solar radiation. The lichen does well on moist, generally open sites with northern exposures, but requires at least partial canopy coverage on southern or western aspects because of its intolerance to high solar radiation. Biological Conclusion: No Effect Suitable habitat for the rock gnome lichen does not exist within the study area. Elevations in the study area do not exceed 2,600 feet above mean sea level. A review of the NCNHP records, updated July 2020, indicates no known rock gnome lichen occurrence within 1.0 mile of the study area. Small whorled pogonia USFWS Optimal Survey Window: mid May -early July Habitat Description: Small whorled pogonia occurs in young as well as maturing (second to third successional growth) mixed -deciduous or mixed-deciduous/coniferous forests. It does not appear to exhibit strong affinities for a particular aspect, soil type, or underlying geologic substrate. In North Carolina, the perennial orchid is typically found in open, dry deciduous woods and is often associated with white pine and rhododendron. The species may also be found on dry, rocky, wooded slopes; moist slopes; ravines lacking stream channels; or slope bases near braided channels of vernal streams. The orchid, often limited by shade, requires small light gaps or canopy breaks, and typically grows under canopies that are relatively open or near features like logging roads or streams that create long -persisting breaks in the forest canopy. Biological Conclusion: No Effect Suitable forested habitat for the small whorled pogonia does not exist in the project study area. The project area is located within the floodplain of Beaverdam Creek. The project area consists of mowed lawns and forested areas with thick invasive shrubs. A review of the NCNHP records, updated July 2020, indicates no known small whorled pogonia occurrences within 1.0 mile of the study area. Employee -Owned Since 1988 RISE TO THE CHALLENGE www.M.coM Spruce -fir moss spider USFWS Optimal Survey Window: year round Habitat Description: This species is known only from spruce -fir forests in the Appalachian mountains of North Carolina and Tennessee. The spruce -fir moss spider occurs in well - drained moss and liverwort mats growing on rocks or boulders. These mats are found in well -shaded areas in mature, high elevation (> 5,000 feet mean sea level) Fraser fir and red spruce forests. The spruce -fir moss spider is very sensitive to desiccation and requires environments of high and constant humidity. The need for humidity relates to the moss mats, which cannot become too parched or else the mats become dry and loose. Likewise, the moss mats cannot be too wet because large drops of water can also pose a threat to the spider. The spider constructs its tube -shaped webs in the interface between the moss mat and the rock surface. Some webs have been found to extend into the interior of the moss mat. Biological Conclusion: No Effect Suitable habitat for the spruce -fir moss spider does not exist within the study area. Elevations in the study area do not exceed 2,600 feet above mean sea level. A review of the NCNHP records, updated July 2020, indicates no known spruce -fir moss spider occurrence within 1.0 mile of the study area. Gray bat USFWS Recommended Survey Window: May 15-August 15 (summer); January 15-February 15 (winter) Habitat Description: Gray bats are known mainly from the cave regions of the Southeast and Midwest. They live in colonies in caves, utilizing different caves for summer roosting and winter hibernating. Summer caves are usually within one half mile of a river or reservoir, which provides foraging habitat. During the summer, females give birth and rear the young in maternity caves, while males and yearlings roost in separate bachelor caves. Caves preferred for hibernation are typically deep, vertical caves with a temperature between 42 and 52 degrees Fahrenheit. Gray bats are highly selective in choosing suitable caves, and nine known caves are thought to provide hibernation space for 95 percent of the population. Migration from summer to winter caves begins in September and is mainly complete by the beginning of November. Biological Conclusion: May affect, but not likely to adversely affect There are no caves or other suitable roosting structures for the gray bat within the project area. A review of the NCNHP records, updated July 2020, indicates one known gray bat occurrence (EO 39834) within 1.0 mile of the study area. Employee -Owned Since 1988 RISE TO THE CHALLENGE www.M.CoM Northern long-eared bat USFWS Recommended Survey Window: June 1 — August 15 Habitat Description: In North Carolina, the northern long-eared bat (NLEB) occurs in the mountains, with scattered records in the Piedmont and coastal plain. In western North Carolina, NLEB spend winter hibernating in caves and mines. During the summer, NLEB roosts singly or in colonies underneath bark, in cavities, or in crevices of both live and\or dead trees (typically >3 inches dbh). Males and non -reproductive females may also roost in cooler places, like caves and mines. This bat has also been found, rarely, roosting in structures like barns and sheds, under eaves of buildings, behind window shutters, in bridges, and in bat houses. Foraging occurs on forested hillsides and ridges, and occasionally over forest clearings, over water, and along tree -lined corridors. Mature forests may be an important habitat type for foraging. Biological Conclusion: May affect, but not likely to adversely affect The site contains potential summer roosting habitat for the NLEB. According to the USFWS data, last updated September 4, 2018, the site is not located within a watershed with known NLEB maternity trees or hibernation sites. The Beaverdam Creek Dam Removal project is located approximately 9 miles from the nearest watershed with known NLEB sites. A review of the NCNHP records, updated July 2020, indicates no known NLEB occurrence within 1.0 mile of the study area. The project involves a dam removal and stream bank stabilization. This work may involve the removal of one or two trees in order to stabilize the banks of Beaverdam Creek. Indiana bat USFWS Recommended Survey Window: June 1 — August 15 Habitat Description: The range of the Indian bat centers on cavernous limestone regions in the eastern United States. The Indiana bat has different summer and winter habitat requirements. Winter habitat is in caves and abandoned mines that usually have standing water on the floor. The bats migrate to the winter habitat between September and November; they stay there with occasional periods of activity until they emerge in mid - March to early May. Hibernation only occurs in regions where winter temperatures are stable and around 40 degrees Fahrenheit. Suitable summer habitat includes roosting, foraging, and commuting areas. Summer roosting habitat includes forests and woodlots containing potential roost trees, which have exfoliating bark, cracks, or crevices in trees (alive or dying) or snags that are > 3 inches diameter -at -breast height (dbh). Roosting habitat may contain dense or loose aggregates of trees with variable amounts of canopy closure. (While any tree greater than 3" dbh has the potential to be Indiana bat summer roosting habitat, solid stands of 3" dbh and smaller trees are not considered suitable roosting habitat; suitable roosting habitat would generally consist of forest patches with Employee -Owned Since 1988 RISE TO THE CHALLENGE WWWACLCOM larger trees also present.) Bridges are occasionally used for roosting by Indiana bats in the summer. Foraging habitat consists of forested patches, wooded riparian corridors, and natural vegetation adjacent to these areas. Commuting habitat includes wooded tracts, tree -lines, wooded hedgerows, streams or other such pathways that are within or connected to roosting or foraging areas. Streams that have been stripped of their riparian vegetation do not appear to offer suitable foraging habitat. Rivers as foraging areas and as migration routes are extremely important to this species. Biological Conclusion: May affect, but not likely to adversely affect The site contains potential summer roosting and foraging habitat for the Indiana bat. The project involves a dam removal and stream bank stabilization. This work may involve the removal of several trees in order to stabilize the banks of Beaverdam Creek. A review of the NCNHP records, updated July 2020, indicates no known Indiana bat occurrence within 1.0 mile of the study area. If you have any questions or need additional information, please contact me at (919) 278-2533 or Joe. Sullivan@kci.com. Sincerely, KCI Associates of North Carolina mten Joseph Sullivan Environmental Scientist Attachments: - Figure 1: Vicinity Map - Figure 2: USGS Map - Figure 3: Aerial Imagery Map - Site Photographs - NCNHP Potential Occurrences Letter Empluyec-Owned Since 1988 RISE TO THE CHALLENGE WWW ACLCOM Pace LOOP ` SO � S u de Rd r �e Carains Blvd 0 0 0 a Old C ydc Rp a Project Area KCI ,1tiSOCIATB OF NC New Clyde Hwy dL N1 %3 'St �5 Qso 1r� y r � 2 Q o ndg� l *- ��0 canton S% N W E s Birch 4 CIO ^ep)y 9% Pe"landO Johnsp, O$ N Or SchoolRC/ St 0.5 0.25 0 0.5 Miles Map created 7131120 Image Source: ESRI Wodd Street Map �WNIUMEME1111111� s A c ie a E O �F 7s? r e Asn�„lipe tWV A s Ostnut Mint-311` _ a c n �a z n G� 0A. ��ttec e G Figure 1: Vicinity Map Beaverdam Creek Dam Removal Haywood County Z µ0 i THiC [EfY kD 0S5 NA .,AAS-f`.cD z 31gVf'oDAAf f,- ' n x a Q D A W ' fg' `cJy • �. 4 �. xi � tyORif{Qb yrR'EI) N Cant- - dl - r Ekm ScW Z aJ C / � . pa qE► aF �BEF ' .' • ,0 " •'vt�D st t z YO6., :; 3 � 3s r( W+NES OR --------------- .r... t 2 YZ 4pE i i, PLEMMONS ST 0 • pry ..,1 �{�G� a. . ry nayH't SrUART ST �9;: p rf �r`5 4 t (4Y OEVEIN Si O t•P : 'pn :n,. "tt.E G1 1110 LOWE ST 0 "' _ _ Cantnn is OLD CL v,F,40 41 ti b w ��— N 1, 000 500 0 1, 000 —� Figure 2: USGS Map W E Feet Beaverdam Creek Dam Removal Project Area Map created 7/31/20 Haywood County K C I s Image Source: Canton ASSOCIATES OF NC USGS 1:24000 Quadrangle Map - - � 1• 1F P • .'' ; ` � y Pik _ X~' i� Y, �' of < g� 111 �....' I� ♦` 4 � � � _gin . • � � �:�� D,.a - xALI'' KWWNMM` nmmmpa� WEMF4� mmmd� wffmmmlb� MWNNMM&� KCI ASSOCIATES OF NC ISO 9001:2008 CERTIFIED ENGINEERS • PLANNERS • SCIENTISTS • CONSTR UCTION MANAGERS 4505 Falls of Neuse Rd., Suite 400 • Raleigh, NC 27609 • Phone 919-783-9214 • Fax 919-783-9266 1. 09/12/16 - View of dam looking upstream. 2. 11/08/16 -View of dam looking upstream from western bank. THE MOST INCREDIBLE THING WE'VE ENGINEERED IS OUR TEAM \\'N\'\\'. K( I., 3. O1/20/17 -Side view of the dam from the western bank. 4. 03/01/17 -View upstream of the dam taken from the western bank. THE MOST IN(REDIBEE THING WE'VE ENGINEERED IS OUR TEN \\ \\ )A . K( 1. c 0111 04/22/20 - View of Beaverdam Creek flowing overtop the dam from eastern bank. I is 6. 04/22/20 - View of Beaverdam Creek flowing overtop dap looking upstream. THE MOST INCREDIBLE THING WE'VE ENGINEERED IS OUR TEAM \N X% NN . K ( I. c 0\1 0 w WIN Roy Cooper. Governor near � NC DEPARTMENT OF Susi Hamilton. Secretary memos NATURAL AND CULTURAL RESOURCES Names Walter Clark, Director, Land and Water Stewardship N C N H DE-12562 July 28, 2020 Joe Sullivan KCI Technologies, Inc. 4505 Falls of Neuse Road Raleigh, NC 27609 RE: Beaverdam Creek Dam Removal; KCI Dear Joe Sullivan: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: k++-.e-•/A........ F,.,icf(lffirnc rfm7ctatnr�nr'iA-Z7 Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod nev.butlerCabncdcr.aov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 0 121 W JONES STREET, RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER RALE1G1i NC 27699 OFC 919.707 9120 • FAX 919 707 9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Beaverdam Creek Dam Removal Project No. KCI July 28, 2020 NCNHDE-12562 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank Date Rank Amphibian 18092 Cryptobranchus Eastern Hellbender 2019-11-05 BC 3-Medium --- Special G3T2 S3 alleganiensis Concern alleganiensis Freshwater 13495 Alasmidonta Appalachian Elktoe 2018-11-20 B 3-Medium Endangered Endangered GI Sl Bivalve raveneliana Freshwater 23485 Lampsilis fasciola Wavyrayed 2018-11-20 E 3-Medium --- Special G5 S2 Bivalve Lampmussel Concern Freshwater Fish26671 Percina squamata Olive Darter 2014-05-21 E 3-Medium --- Special G3 S2 Concern Mammal 39834 Myotis grisescens Gray Bat 2018-10-13 E 2-High Endangered Endangered G4 Sl Mayfly 34623 Tsalia berneri a mayfly 1999-12-15 H? 3-Medium --- Significantly G4 S3 Rare Vascular Plant 23933 Hackelia virginiana Virginia Stickseed 1968-Pre H 5-Very --- Significantly G5 S2 Low Rare Peripheral Vascular Plant 23969 Orbexilum onobrychis Lanceleaf Scurfpea 1891-07-17 H 5-Very --- Special G5 SH Low Concern Historical Natural Areas Documented Within a One -mile Radius of the Project Area Site Name Representational Rating Collective Rating FRB/Pigeon River Aquatic Habitat R3 (High) C4 (Moderate) Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Owner Type NC Clean Water Management Trust Fund Funded NC DNCR, Clean Water Management Trust State Project Fund Definitions and an explanation of status designations and codes can be found at httos//ncnhde natureserve.ora/helo. Data query generated on July 28. 2020: source: NCNHP, Q3 July 2020. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database Page 2 of 3 July 28, 2020 Project Boundary Buffered Project Boundary NHP Natural Area (NHNA) Q Managed Area (MAREA) NCNHDE-12562: Beaverdam Creek Dam Removal Page 3 of 3 1:20,817 0 0.175 0.35 0.7 mi 0 0.275 0.55 1.1 km Sowees: Esn, HERE, Garmn, Irmwanrap, incnwrwd P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBsse. IGN, Kedaster Nl. Ordnance Survey, Esn ,Npan, METI, Esri China (Hoop "). (c) OpanSErow"p contrMdon, and the GIS User Comnsmily t ' North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi H. Hamilton May 5, 2017 Joseph Sullivan KCI Associates of NC 4505 Falls of Neuse Road, Suite 400 Raleigh, NC 27609 Office of Archives and History Deputy Secretary Kevin Cherry Re: Beaverdam Creek Dam Removal, 328 Champion Drive, Canton, Haywood County, ER 17-0646 Dear Mr. Sullivan: Thank you for your letter of March 31, 2017, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.review(d,)ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, �°✓Ramona M. Bartos Location: 109 Fast Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599