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HomeMy WebLinkAbout20111022 Ver 1_Anderson Farms Stream Final Mit Plans_20130513Strickland, Bev From: Kulz, Eric Sent: Thursday, May 30, 2013 9:25 AM To: Strickland, Bev Subject: FW: Anderson Farm Mitigation Plan Attachments: AFMB- MITIGATION PLAN- 12192012 FINAL.pdf For laserfiche 11 -1022 Eric W. Kulz Environmental Senior Specialist N.C. division of Water Quality Wetlands, Buffers, Stormwater - Compliance & Permitting Unit 1650 MSC • ' ' .I MI E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties From: Natalie Bouchard [ mai Ito: nbouchard Cd)altamontenvironmentaLcom] Sent: Monday, May 13, 2013 2:25 PM To: Kulz, Eric Cc: Zan Price; Stuart Ryman Subject: Anderson Farm Mitigation Plan Hello Eric, I hope you are well. I tried sending the Anderson Farm Mitigation Plan last Friday, but it appears the 40 MB file did not send. Please find the attached Mitigation Plan, and please do not hesitate to contact us if there is anything else we can assist you with. Regards, Natalie Natalie Bouchard, EIT Altamont Environmental, Inc. 231 Haywood Street Asheville, NC 28801 Tel. 828.771.0378 Cell. 734.771.7744 Fax. 828.281.3351 nbouchard analtamontenvironmental.com www.altamontenvironmental.com ANDERSON FARM STREAM MITIGATION BANK BUNCOMBE COUNTY, NC MITIGATION BANKING INSTRUMENT (Version June 2009) AGREEMENT TO ESTABLISH THE ANDERSON FARM STREAM MITIGATION BANK IN BUNCOMBE COUNTY, NORTH CAROLINA This Mitigation Banking Instrument (MBI) is made and entered into on the day of , 2012, by the AFFP, LLC, hereinafter Sponsor, and the U. S. Army Corps of Engineers (Corps), and each of the following agencies, upon its execution of this MBI, the Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS), the National Marine Fisheries Service (NMFS), the North Carolina Wildlife Resources Commission (NCWRC), the North Carolina Division of Coastal Management (NCDCM), and the North Carolina Division of Water Quality (NCDWQ). The Corps, together with the State and Federal agencies that execute this MBI, are hereinafter collectively referred to as the Interagency Review Team (IRT). WHEREAS the purpose of this agreement is to establish a mitigation bank (Bank) providing compensatory mitigation for unavoidable wetland impacts separately authorized by Section 404 Clean Water Act permits and /or Section 10 of the Rivers and Harbors Act permits in appropriate circumstances; WHEREAS the Sponsor is the record owner of that certain parcel of land containing approximately 25 acres located in Buncombe County, North Carolina, described in the Anderson Farm Stream Mitigation Plan (Mitigation Plan), and as shown on the attached survey (Property); WHEREAS the agencies comprising the IRT agree that the Bank site is a suitable mitigation bank site, and that implementation of the Mitigation Plan is likely to result in net gains in wetland and /or stream functions at the Bank site, and have therefore approved the Mitigation Plan; THEREFORE, it is mutually agreed among the parties to this agreement that the following provisions are adopted and will be implemented upon signature of this MBI. Section L• General Provisions A. The Sponsor is responsible for assuring the success of the restoration and enhancement activities at the Bank site, and for the overall operation and management of the Bank. The Sponsor assumes the legal responsibility for providing the compensatory mitigation once a permittee secures credits from the Sponsor and the DE receives documentation that confirms the Sponsor has accepted responsibility for providing the required compensatory mitigation. (Version June 2009) B. The goal of the Bank is to restore and enhance stream systems and their functions to compensate in appropriate circumstances for unavoidable stream impacts authorized by Section 404 of the Clean Water Act permits and or Section 10 of the Rivers and Harbors Act permits in circumstances deemed appropriate by the Corps after consultation, through the permit review process, with members of the IRT. C. Use of credits from the Bank to offset wetland impacts authorized by Clean Water Act permits must be in compliance with the Clean Water Act and implementing regulations, including but not limited to the 404(b)(1) Guidelines, the National Environmental Policy Act, and all other applicable Federal and State legislation, rules and regulations. This agreement has been drafted in accordance with the regulations for Compensatory Mitigation for Losses of Aquatic Resources effective June 9, 2008 (33 CFR Parts 325 and 332) (Mitigation Rule "). D. The IRT shall be chaired by the District Engineer (DE) of the U.S. Army Corps of Engineers, Wilmington District. The IRT shall review documentation for the establishment of mitigation banks. The IRT will also advise the DE in assessing monitoring reports, recommending remedial measures, approving credit releases, and approving modifications to this instrument. The IRT's role and responsibilities are more fully set forth in Sections 332.8 of the Mitigation Rule. The IRT will work to reach consensus on its actions. E. The DE, after consultation with the appropriate Federal and State review agencies through the permit review process, shall make final decisions concerning the amount and type of compensatory mitigation to be required for unavoidable, permitted wetland impacts, and whether or not the use of credits from the Bank is appropriate to offset those impacts. In the case of permit applications and compensatory mitigation required solely under the Section 401 Water Quality Certification rules of North Carolina, the N.C. Division of Water Quality (NCDWQ) will determine the amount of credits that can be withdrawn from the Bank. F. The parties to this agreement understand that a watershed approach to establish compensatory mitigation must be used to the extent appropriate and practicable. Where practicable, in -kind compensatory mitigation is preferred. Section II: Geographic Service Area The Geographic Service Area (GSA) is the designated area within which the bank is authorized to provide compensatory mitigation required by DA permits. The GSA for this Bank shall include the French Broad River Basin Hydrologic Unit 06010105 in North Carolina. The Bank site will restore aquatic resources for low elevation, warm water streams similar to those found throughout the aforementioned HUC. The low mountain alluvial forest ecosystem that will occupy the proposed buffer will also utilize an assemblage of native hardwood species found (Version June 2009) throughout Western North Carolina. Use of a Bank site to compensate for impacts beyond the GSA may be considered by the Corps or the permitting agency on a case -by -case basis. Section III: Mitigation Plan Any Mitigation Plan submitted pursuant to this agreement must contain the information listed in 332.4(c)(2) through (14) of the Compensatory Mitigation Rule. A. The Bank site is comprised of two headwater stream systems that drain into Newfound Creek. Both stream systems have been adversely impacted by silvicultural and agricultural management activities. A more detailed description of the baseline conditions on the site is contained in the Mitigation Plan. B. The Sponsor will perform work described on pages 10 -29 of the Mitigation Plan, including 2,930 linear feet (lf) of Priority 11 stream restoration and 525 if The purpose of this work, and the objective of the Bank, is to provide high- quality compensatory mitigation for permitted impacts within the French Broad River Basin via the restoration, enhancement, and preservation of existing streams within the project area. C. The Sponsor shall monitor the Bank Site as described on pages 30 -32 of the Mitigation Plan, or until such time as the IRT determines that the success criteria described on page 30 of the Mitigation Plan have been met. D. The members of the MT will be allowed reasonable access to the Property for the purposes of inspection of the Property and compliance monitoring of the Mitigation Plan. Section IV: Reporting A. The Sponsor shall submit to the DE, for distribution to each member of the IRT, an annual report describing the current condition of the Bank and the condition of the Bank in relation to the success criteria in the Mitigation Plan. The Sponsor shall provide to the DE any monitoring reports described on page 33 of the Mitigation Plan. B. The Sponsor shall provide ledger reports documenting credit transactions as described in Section VIII of this MBI. C. The Sponsor shall provide notification to the DE each time a credit transaction occurs. (Version June 2009) Section V. Remedial Action A. The DE shall review the monitoring reports, and may, at any time, after consultation with the Sponsor and the IRT, direct the Sponsor to take remedial action at the Bank site. Remedial action required by the DE shall be designed to achieve the success criteria specified in the Mitigation Plan. All remedial actions required under this section shall include a work schedule and monitoring criteria that will take into account physical and climactic conditions. B. The Sponsor shall implement any remedial measures required pursuant to the above. C. In the event the Sponsor determines that remedial action may be necessary to achieve the required success criteria, it shall provide notice of such proposed remedial action to all members of the MT. No remedial actions shall be taken without the concurrence of the DE, in consultation with the IRT. Section VI: Use of Mitigation Credits Description of Wetland Community Types: A. Wetland community types found in a mitigation bank will be described in accordance with the procedures found in the NC Wetland Assessment Method (NC WAM, USACE, 2007). It is expected that impacts to the NC WAM types listed below will be compensated by the Mitigation Types as listed in order to qualify as "In- Kind" mitigation. Exceptions to the use of "In- Kind" mitigation may be allowed at the discretion of the permitting agencies on a case -by -case basis. Mitigation Type NCWAM Type CAMA CoastalWetland Salt/Brackish Marsh* verine Riverine Swamp Forest/Non -Tidal Freshwater Marsh, Tidal Freshwater Marsh Riparian Bottomland Hardwood Forest, Headwater Wetland, Flood- Plain Pool, Mountain Bog* Non-Riparian wetter variety on- Riverine Swamp Forest, Seep, Small Basin Wetland, ocosins, Estuarine Woody Non-Riparian, Drier Variety ine Flat, Pine Savannah, Hardwood Flat (Version June 2009) TABLE 1. STREAM CREDIT TOTALS Reach Name Restoration (Priority II) Enhancement (LI) SCF (18.5 %) UT -1 1,296 150 240 UT -2 658 375 122 UT -3 976 0 181 TOTAL (If) 2,930 525 CREDITS 2,930 350 542 TOTAL CREDITS 3,822 Note: All stream credits are designated as warm water systems. B. It is anticipated by the parties that in most cases in which the DE, after consultation with the IRT, has determined that mitigation credits from the Bank may be used to offset wetland impacts authorized by Section 404 permits and /or Section 10 permits, that the Restoration Equivalents, as enumerated above, constitute credits that are considered to be equal to restoration credits for the purposes of compensatory mitigation. Therefore, the use of Restoration credits or Restoration Equivalents credits, or any combination thereof, is acceptable to the DE for any permit requirement so long as the required amount of credits are debited for a given mitigation requirements. It is also understood that in order to satisfy mitigation requirements imposed by the NC Division of Water Quality, that restoration impact amounts must be at a minimum of 1:1 such that for every one acre of impact, at least one acre of mitigation must be in the form of restoration. Additionally, decisions regarding stream mitigation will be made consistent with current policy and guidance and will be made on a case by case basis. Wetland and stream compensation ratios are determined by the DE on a case -by -case basis based on considerations of functions of the wetlands and /or streams impacted, the severity of the wetland and /or stream impacts, the relative age of the mitigation site, whether the compensatory mitigation is in -kind, and the physical proximity of the wetland and /or stream impacts to the Bank site. C. Notwithstanding the above, all decisions concerning the appropriateness of using credits from the Bank to offset impacts to waters and wetlands, as well as all decisions concerning the amount and type of such credits to be used to offset wetland and water impacts authorized by Department of the Army permits, shall be made by the DE, pursuant to Section 404 of the Clean Water Act and implementing regulations and guidance, after notice of any proposed use of the Bank to the (Version June 2009) members of the IRT, and consultation with the members of the IRT concerning such use. Notice to and consultation with the members of the IRT shall be through the permit review process. Section VII: Credit Release Schedule All credit releases must be approved by the DE, in consultation with the IRT, based on a determination that required success criteria have been achieved. A. Credit Release Schedule for Wetlands (other than forested): If deemed appropriate by the IRT, fifteen percent (15 %) of the Bank's total restoration credits shall be available for sale immediately upon completion of all of the following: 1. Execution of this MBI by the Sponsor, the DE, and other agencies eligible for membership in the IRT who choose to execute this agreement; 2. Approval of the final Mitigation Plan; 3. Mitigation bank site has been secured; 4. Delivery of the financial assurance described in Section IX of this MBI; and 5. Recordation of the long -term protection mechanism described in Section X of this MBI, as well as a title opinion covering the property acceptable to the DE. The Sponsor must complete the initial physical and biological improvements to the Bank site pursuant to the Mitigation Plan no later than the first full growing season following initial debiting of the Bank. Subject to the Sponsor's continued satisfactory completion of all required success criteria and monitoring, additional restoration mitigation credits will be available for sale by the Sponsor on the following schedule: 1. 15 % upon completion of all initial physical and biological improvements made pursuant to the Mitigation Plan (total 30 %); 2. 10% after first year, if interim success measures are met (total 40 %); 3. 15% after second year, if interim success measures are met (total 55 %); 4. 20% after third year, if interim success measures are met (total 75 %); 5. 10% after fourth year, if interim success measures are met (total 85 %); 6. 15% after fifth year, if Success Criteria are met (total 100 %). The above schedule applies only to the extent the Sponsor documents acceptable survival and growth of planted vegetation, and attainment of acceptable wetland hydrology as described under the Success Criteria in the monitoring section of the Mitigation Plan. The final 15% of credits will be available for sale only upon a determination by the IRT of functional success as defined in the Mitigation Plan. (Version June 2009) B. Credit Release Schedule for Forested Wetlands: If deemed appropriate by the IRT, fifteen percent (15 %) of the Bank's total restoration credits shall be available for sale immediately upon completion of all of the following: 1. Execution of this MBI by the Sponsor, the DE, and other agencies eligible for membership in the IRT who choose to execute this agreement; 2. Approval of the final Mitigation Plan; 3. Mitigation bank site has been secured; 4. Delivery of the financial assurance described in Section IX of this MBI; and Recordation of the long -term protection mechanism described in Section X of this MBI, as well as a title opinion covering the property acceptable to the DE. The Sponsor must complete the initial physical and biological improvements to the Bank site pursuant to the Mitigation Plan no later than the first full growing season following initial debiting of the Bank. Subject to the Sponsor's continued satisfactory completion of all required success criteria and monitoring, additional restoration mitigation credits will be available for sale by the Sponsor on the following schedule: 1. 15 % upon completion of all initial physical and biological improvements made pursuant to the Mitigation Plan (total 30 %); 2. 10% after first year, if interim success measures are met (total 40 %); 3. 10% after second year, if interim success measures are met (total 50 %); 4. 10% after third year, if interim success measures are met (total 60 %); 5. 10% after fourth year, if interim success measures are met (total 70 %); 6. 10% after fifth year, if Success Criteria are met (total 80 %); 7. 10% after sixth year, if vegetative Success Criteria are met (90 %); and 8. 10% after seventh year, if vegetative Success Criteria are met (100 %). Provided that all Success Criteria are met, the IRT may allow the Sponsor to discontinue hydrologic monitoring after the fifth year. The Sponsor will be required to monitor vegetation for an additional two years after the fifth year for a total of seven years. C. Credit Release Schedule for Streams: The following credit release schedule applies only to those stream projects where Restoration or Enhancement I has been performed where pattern, dimension, and profile, or dimension and profile (respectively) have been improved. Projects constructed on the outer coastal plain that are subject to the Coastal Plain Information Paper (USACE/DWQ 2007) where an engineered stream channel was not constructed, will be subject to the criteria enumerated for wetlands above. If deemed appropriate by the IRT, fifteen percent (15 %) of the Bank's total stream credits shall be available for sale immediately upon completion of all of the following: (Version June 2009) 1. Execution of this MBI by the Sponsor, the DE, and other agencies eligible for membership in the IRT who choose to execute this agreement; 2. Approval of the final Mitigation Plan; 3. Mitigation bank site has been secured; 4. Delivery of the financial assurance described in Section IX of this MBI; and 5. Recordation of the long -term protection mechanism described in Section X of this MBI, as well as a title opinion covering the property acceptable to the DE. Subject to the Sponsor's continued satisfactory completion of all required success criteria and monitoring, additional stream credits will be available for sale by the Sponsor on the following schedule: 1. 15 % upon completion of all initial physical and biological improvements made pursuant to the Mitigation Plan (total 30 %); 2. 10% after first year, provided channel is stable and all other success measures are met (total 40 %); 3. 10% after second year, provided channel is stable and all other success measures are met (total 50 %); 4. 10% after third year, provided channel is stable and all other success measures are met (total 60 %); 5. 10% after fourth year, provided channel is stable and all other success measures are met (total 70 %); 6. 15% after fifth year, provided channel is stable and all other success measures are met (total 85 %). A reserve of 15% of the Bank's total stream credits shall be released any time after two bank -full events have occurred, in separate years, provided the channel is stable and all other Success Criteria are met. In the event that less than two bank -full events occur during the monitoring period, remaining credit release shall be at the discretion of the IRT. Section VIII: Accounting Procedures A. The Sponsor shall develop accounting procedures acceptable to the IRT for maintaining accurate records of debits made from the Bank. Such procedures shall include the generation of a ledger by the Sponsor showing credits used at the time they are debited from the Bank. All ledger reports shall identify credits debited and remaining by type of credit and shall include for each reported debit the Corps ORM ID number for the permit for which the credits were utilized and the permitted impacts for each resource type. Each time an approved credit transaction occurs, the Sponsor must notify the DE within 30 days of the transaction. (Version June 2009) B. The Sponsor shall prepare an annual ledger report, on each anniversary of the date of execution of this agreement, showing all credits used, any changes in credit availability (e.g., additional credits released, credit sales suspended), and the beginning and ending balance of credits remaining. The Sponsor shall submit the annual report to the DE, for distribution to each member of the IRT, until such time as all of the credits have been utilized, or this agreement is otherwise terminated. Section IX: Financial Assurances A. The Sponsor shall provide financial assurances in a form acceptable to the IRT sufficient to assure completion of all mitigation work, required reporting and monitoring, and any remedial work required pursuant to this MBI. One account has been funded up to $100,000.00 to cover 30% of the projected construction budget. The other account has been funded up to $5,000.00 to cover 10% of the monitoring budget. These accounts have been established with Asheville Savings Bank located in Asheville, North Carolina. Correspondence from this institution is included in Appendix D. B. Financial assurances shall be payable at the direction of the DE to his designee or to a standby trust. Financial assurances structured to provide funds to the Corps of Engineers in the event of default by the Bank Sponsor are not acceptable. C. A financial assurance must be in the form that ensures that the DE receives notification at least 120 days in advance of any termination or revocation. Section X: Long -Term Protection A. The Sponsor shall grant a CE, in form acceptable to the IRT, sufficient to protect the Bank site in perpetuity. The CE shall be perpetual, preserve all natural areas, and prohibit all use of the property inconsistent with its use as mitigation property, including any activity that would materially alter the biological integrity or functional and educational value of wetlands or streams within the Bank site, consistent with the Mitigation Plan. The purpose of the CE will be to assure that future use of the Bank site will result in the restoration, protection, maintenance and enhancement of wetland functions described in the Mitigation Plan. The Buncombe County Soil and Water Conservation District will serve as the CE holder for the Bank. B. The Sponsor shall deliver a title opinion acceptable to the DE covering the mitigation property. The property shall be free and clear of any encumbrances that would conflict with its use as mitigation, including, but not limited to, any liens that have priority over the recorded preservation mechanism. (Version June 2009) C. Subsequent to the recording of the CE, the Sponsor may convey the Bank Site property either in fee or by granting an easement to a qualified land trust, state agency, or other appropriate nonprofit organization. The Sponsor is responsible for ensuring that that the CE is re- recorded to ensure that it remains within the chain of title. The terms and conditions of this conveyance shall not conflict with the intent and provisions of the CE nor shall such conveyance enlarge or modify the uses specified in the CE. The CE must contain a provision requiring 60 day advance notification to the DE before any action is taken to void or modify the CE, including transfer of title to, or establishment of any other legal claims over, the project site. Section XI: Long -term Management A. The Sponsor shall implement the long -term management plan described pages 34 -35 of the Mitigation Plan. This plan includes the establishment of an escrow account that will be funded by the sale of credits from the Bank. As credits are released and sold, two (2) percent of the proceeds will be deposited in the escrow account. This escrow account will provide funds for long -term maintenance (e.g. fence repairs, bridge repairs, etc.) and annual monitoring costs. The account will be established and managed by the Southern Appalachian Highlands Conservancy (SAHC). B. SAHC, the landowner of the Bank property and adjacent acreage, will be responsible for the long -term management and stewardship of the property. These activities will be conducted in cooperation with the holder of the CE. Section X11: Default and Closure A. It is agreed to establish and /or maintain the Bank site until (i) credits have been exhausted or banking activity is voluntarily terminated with written notice by the Sponsor provided to the DE and other members of the IRT; and (ii) it has been determined and agreed upon by the DE and IRT that the debited Bank site has satisfied all the conditions herein and in the Mitigation Plan. If the DE determines that the Bank site is not meeting performance standards or complying with the terms of the instrument, appropriate action will be taken. Such actions may include, but are not limited to, suspending credit sales, adaptive management, decreasing available credits, utilizing financial assurances, and terminating the instrument. B. Any delay or failure of Bank Sponsor shall not constitute a default hereunder if and to the extent that such delay or failure is primarily caused by any act, event or conditions beyond the Sponsor's reasonable control and significantly adversely affects its ability to perform its 10 (Version June 2009) obligations hereunder including: (i) acts of God, lightning, earthquake, fire, landslide, or interference by third parties; (ii) condemnation or other taking by any governmental body; (iii) change in applicable law, regulation, rule, ordinance or permit condition, or the interpretation or enforcement thereof, (iv) any order, judgment, action or determination of any federal, state or local court, administrative agency or government body; or (v) the suspension or interruption of any permit, license, consent, authorization or approval. If the performance of the Bank Sponsor is affected by any such event, Bank Sponsor shall give written notice thereof to the IRT as soon as is reasonably practicable. If such event occurs before the final availability of all credits for sale, the Sponsor shall take remedial action to restore the property to its condition prior to such event, in a manner sufficient to provide adequate mitigation to cover credits that were sold prior to such delay or failure to compensate for impacts to waters, including wetlands, authorized by Department of the Army permits. Such remedial action shall be taken by the Sponsor only to the extent necessary and appropriate, as determined by the MT. C. At the end of the monitoring period, upon satisfaction of the performance standards, the Sponsor may submit a request to close out the bank site to the DE. The DE, in consultation with the MT, shall use best efforts to review and comment on the request within 60 days of such submittal. If the DE determines the Sponsor has achieved the performance standards in accordance with the mitigation plan and all obligations under this MBI, the DE shall issue a close out letter to the Sponsor. Section XIII: Miscellaneous A. Any agency participant may terminate its participation in the IRT with notice in writing to all other parties to this agreement. Termination shall be effective seven (7) days from placing written notices in the United States mail. Member withdrawal shall not affect any prior sale of credits and all remaining parties shall continue to implement and enforce the terms of this MBI. B. Modification of this MBI shall be in accordance with the procedures set forth in 332.8 of the mitigation rule. C. No third party shall be deemed a beneficiary hereof and no one except the signatories hereof, their successors and assigns, shall be entitled to seek enforcement hereof. D. This MBI constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements or undertakings. E. In the event any one or more of the provisions contained in this MBI are held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceablility will not 11 (Version June 2009) affect any other provisions hereof, and this MBI shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein. F. This MBI shall be governed by and construed in accordance with the laws of North Carolina and the United States as appropriate. G. This MBI may be executed by the parties in any combination, in one or more counterparts, all of which together shall constitute but one and the same instrument. H. The terms and conditions of this MBI shall be binding upon, and inure to the benefit of the parties hereto and their respective successors. I. All notices and required reports shall be sent by regular mail to each of the parties at their respective addresses, provided below. Sponsor: Name Title Address Corps: Mr./Ms. U.S. Army Corps of Engineers Regulatory Division Address EPA: Mr./Ms. Wetlands Section - Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 FWS: Mr./Ms. U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636 -3726 12 (Version June 2009) NMFS: Mr./Ms. National Marine Fisheries, NOAA Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 NRCS: Mr./Mrs. Natural Resources Conservation Service *Address NCWRC: Mr./Ms. * North Carolina Wildlife Resources Commission *Address NCDCM: Mr./Ms. * North Carolina Division of Coastal Management North Carolina Department of Environment and Natural Resources *Address NCDWQ: Mr./Ms. * Division of Water Quality North Carolina Department of Environment and Natural Resources Post Office Box 29535 Raleigh, NC 27626 -0535 13 (Version June 2009) IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled "Agreement To Establish The * Mitigation Bank In * County, North Carolina ": Sponsor: IM U.S. Army Corps of Engineers: Date: By: Date: 14 (Version June 2009) IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled "Agreement To Establish The * Mitigation Bank In * County, North Carolina ": U.S. Environmental Protection Agency: By: Date: U.S. Fish and Wildlife Service: By: Date: National Marine Fisheries Service: By: Date: N.C. Division of Water Quality: By: Date: N.C. Wildlife Resources Commission: By: Date: N.C. Division of Coastal Management: By: Date: 15 (Version June 2009) List of Appendices Appendix A: Anderson Farm Stream Mitigation Bank - Final Mitigation Plan Appendix B: Property Survey and Legal Description Appendix C: Map — Geographic Service Area Appendix D: Form of Financial Assurance Appendix E: Form of Preservation Mechanism 16 APPENDIX A - ANDERSON FARM STREAM MITIGATION BANK - FINAL MITIGATION PLAN MITIGATION PLAN DECEMBER 2012 PREPARED FOR: AFFP, LLC PREPARED BY.• HEADWATERS RESTORATION, LLC ALTAMONT ENVIRONMENTAL, INC. A N D E R S O N F A R M S T R E A M M I T I G A T I O N B A N K MITIGATION PLAN DECEMBER 2012 PREPARED FOR: AFFP, LLC PREPARED BY.• HEADWATERS RESTORATION, LLC ALTAMONT ENVIRONMENTAL, INC. TABLE OF CONTENTS I. INTRODUCTION .................................................................. ..............................4 A. Site Location ............................................................................. ..............................4 B. Watershed Characterization ...................................................... ..............................4 C. Future Site Development .......................................................... ..............................5 II. MITIGATION GOALS .......................................................... ..............................5 A. Project Purpose ......................................................................... ..............................5 B. Geographic Service Area (GSA) ............................................... ..............................7 III. SITE CONDITIONS ............................................................ ..............................7 A. Community Types ..................................................................... ..............................7 B. Vegetation ................................................................................. ..............................7 C. Soil Characteristics ................................................................... ..............................8 D. Hydrology /Hydraulic Characteristics ......................................... ..............................8 E. Stream Classification ................................................................ ..............................9 F. Jurisdictional Determination ....................................................... ..............................9 G. Cultural Resources .................................................................. .............................10 IV. STREAM RESTORATION PLAN ...................................... .............................10 A. Introduction .............................................................................. .............................10 B. Hydrologic Modeling .................................................................. .............................12 C. Bankfull Verification .................................................................. .............................14 D. Sediment Transport Analysis ................................................... .............................17 E. Priority 11 Stream Restoration - UT -1 a ...................................... .............................22 F. Priority 11 Stream Restoration - UT-lb ....................................... .............................23 G. Priority 11 Stream Restoration - UT- 2 ........................................ .............................25 H. Priority 11 Stream Restoration - UT- 3 ........................................ .............................26 1. Stream Enhancement (Level 1) - UT- 1b ..................................... .............................27 J. Stream Enhancement (Level 1) - UT -2 ...................................... .............................27 Anderson Farm Stream Mitigation Bank 2 Mitigation Plan December 2012 K. Riparian Buffer Restoration ...................................................... .............................27 V. POST - CONSTRUCTION MONITORING PLAN ................. .............................30 A. Success Criteria ....................................................................... .............................30 B. Vegetation Monitoring .............................................................. .............................31 C. Hydrologic Monitoring .............................................................. .............................32 VI. BANK OPERATION .......................................................... .............................32 A. Project Team ............................................................................. .............................32 B. Credit Totals ............................................................................. .............................32 C. Financial Assurances ............................................................... .............................34 D. Long -Term Management Plan .................................................. .............................34 VII. CONCLUSION ................................................................. .............................35 VIII. SOURCES OF INFORMATION ...................................... .............................37 FIGURES................................................................................. .............................38 APPENDIX A - SITE PHOTOGRAPHS .................................. .............................39 APPENDIX B - USACE STREAM DATA FORMS .................. .............................40 APPENDIX C - JURISDICTIONAL WETLANDS .................... .............................41 APPENDIX D - STATE HISTORIC PRESERVATION OFFICE - SUMMARY LETTER................................................................................. ............................... 42 APPENDIX E - STREAM DESIGN /ENGINEERING CALCULATIONS ...............43 APPENDIX F - STREAM BUFFER MAP ................................ .............................44 BANK SPONSOR INFORMATION: AFFP, LLC 34 Wall Street, Suite 502 Asheville, NC 28801 Fax: (828) 253 -1248 Phone: (828) 253 -0095 Email: ak47consult @gmail.com Anderson Farm Stream Mitigation Bank 3 Mitigation Plan December 2012 I. INTRODUCTION The Anderson Farm Stream Mitigation Bank site (approximately 25 acres) consists primarily of channelized first -order stream systems that have been historically altered as a result of silvicultural and livestock management practices. The site is part of a 103 -acre parcel located just west of Mag Sluder Road, approximately ten miles north of Asheville, North Carolina, in Buncombe County. The site consists of moderately to steeply sloped terrain and is bisected by two main stream systems which flow southward into Newfound Creek, a third order stream located in the French Broad River Basin (8 -digit Hydrologic Unit 06010105) (Subbasin 06010105090020). Based upon preliminary site investigations, up to 2,930 linear feet (If) of stream restoration is proposed in addition to approximately 525 If of stream enhancement. Approximately 25 acres (ac.) of riparian habitat has also been targeted for restoration. As a result, the restoration effort will provide for increased in- stream habitat, floodwater storage, nutrient retention /sediment reduction, and riparian habitat expansion for resident and migratory fauna. A. Site Location The Anderson Farm tract is located west of Mag Sluder Road (between Asheville and Leicester) in a rural section of Buncombe County (Figure 1). Drainage within the site is directed south towards Newfound Creek, which flows into the French Broad River further downstream (Figure 2). Additional site information including 2010 aerial photography (Figure 3), LIDAR data (Figure 4), and the Buncombe County Soil Survey map (Figure 5) are also provided. B. Watershed Characterization The bank site is located within the French Broad River watershed. The subbasin consists of managed grazing tracts for livestock, low density residential development, and small areas of commercial development along the major thoroughfares. Population growth within the subbasin is primarily focused in the areas around Asheville, Woodfin, and Weaverville. Surface waters within the project area drain south to Newfound Creek, a tributary of the French Broad River. The North Carolina Division of Water Quality (NCDWQ) surface water body classification for Newfound Creek is designated as a Class "C water body. Class "C waters are protected for secondary recreation, fishing, wildlife, fish consumption, aquatic life (including propagation), survival and maintenance of biological integrity, and agriculture. Secondary Anderson Farm Stream Mitigation Bank 4 Mitigation Plan December 2012 recreation includes wading, boating, and other uses involving human body contact with water where such activities take place in an infrequent, unorganized, or incidental manner. Streams and waterbodies within the watershed are susceptible to impairment from nutrient loading and high concentrations of fecal coliform bacteria derived from both anthropogenic sources and livestock operations. According to the French Broad River Basinwide Water Quality Plan (NCDWQ, 2011), contamination levels in the Newfound Creek watershed were sufficient to warrant the development of a Total Maximum Daily Load (TMDL) in 2005. The TMDL requirement forced the state to prioritize water quality improvement measures within the basin. Despite the TMDL designation and various grant- funded projects implemented to improve conditions, this reach remains on the list of 303(4) list of impaired waters (NCDWQ, 2010a). Concerns regarding continued development pressure within the watershed have also resulted in the designation of the subbasin as a Targeted Local Watershed by the North Carolina Ecosystem Enhancement Program. C. Future Site Development The proposed project will occupy approximately 25 acres within the 103 -acre parcel. Following construction of the project, the remaining acreage will be converted into a modern demonstration farm that will serve as an agriculturally- focused educational center. Proposed activities will likely include specialty crop production and processing, in addition to livestock and silvicultural management. II. MITIGATION GOALS A. Project Purpose The goal of the proposed bank is to provide high - quality compensatory mitigation for permitted impacts within the French Broad River Basin via the restoration, enhancement, and preservation of streams and wetlands. The proposed activities will restore both the hydrologic and vegetative components of two separate stream systems within the headwaters of an unnamed tributary of Newfound Creek. The following categories of functions have been targeted for restoration or enhancement within the Anderson Farm Stream Mitigation Bank: Anderson Farm Stream Mitigation Bank 5 Mitigation Plan December 2012 BIOGEOCHEMICAL CYCLING — The restored stream and buffer systems will capture drainage from the surrounding watershed, dissipating energy in the downstream environment. As a result, an increase in retention times will occur, allowing for a suite of biotic and abiotic processes to convert nitrogen and other nutrients into different forms that may be readily consumed by the surrounding plant community. Increased retention times also allow for sediment to settle out of solution, reducing downstream pollution. Flow within the system will also provide a valuable conduit for organic matter which will support downstream food webs. Cessation of agricultural production and cattle grazing within the headwaters will also reduce the nutrient and sediment delivery to downstream waters. HYDROLOGIC /HYDRAULIC —The removal of existing cattle watering infrastructure and impoundments will provide for the re- establishment of characteristic headwater stream hydrology and contribute to natural flows throughout both reaches. Re- establishment of riparian vegetation will also reduce runoff velocities and erosion within the surrounding areas. PLANT AND ANIMAL HABITAT- Plantings associated with the various habitats will restore the native hardwood assemblages that existed prior to silvicultural and agricultural management. When coupled with the variation in topography, these areas provide valuable heterogeneity which supports a more diverse food web within the ecosystem. This diversity provides a variety of food sources and refuge habitat for local and migratory species. The development of microhabitats and organic matter inputs to the soil surface will also lead to increases in plant diversity in these areas. AQUATIC HABITAT — The removal of existing drainage impoundments and cattle watering infrastructure from the streams will restore natural flow regimes to both reaches within the project area. Priority II construction techniques will also create numerous niche habitats through the installation of woody debris, natural pools, etc. Both methods of restoration will allow for macro - invertebrate and amphibian communities to repopulate these previously inaccessible areas. Anderson Farm Stream Mitigation Bank 6 Mitigation Plan December 2012 The following restoration plan provides information related to project goals and objectives, existing site conditions, proposed mitigation activities, site - success criteria, financial assurances, property dispensation, and annual monitoring. B. Geographic Service Area (GSA) The proposed project will serve as a general use stream mitigation bank serving the French Broad River Basin (8 -digit Hydrologic Unit 06010105) which covers approximately 155 square miles within western North Carolina (Figure 6). The purpose of the bank is to compensate for stream losses authorized by applicable federal and state regulatory programs via the restoration and enhancement of 3,455 If of perennial stream. III. SITE CONDITIONS A. Community Types A majority of the Anderson Farm tract has been clear -cut for timber and pasture preparation within the last 50 years. Only isolated areas of mature tree canopy were observed during the site investigations. Stands of white pine located within the southern section of the tract were cut within the past two years, and a small number of saplings were observed in the disturbed area (Appendix A). As a result of these disturbances, no definitive natural community classification can be assigned to the site. Planting plans for this project have been designed to restore the appropriate community types for this area, low mountain alluvial forest and mountain bottomland forest. B. Vegetation The predominant land uses of the Anderson Farm tract are silvicultural production and livestock management. Dominant vegetation within the riparian corridor includes species such as black cherry (Prunus serotina), black locust (Robinia pseudoacacia), and tulip poplar (Liriodendron tulipifera). These individuals are typically located within a 10 -15 -ft wide corridor adjacent to the eroded streambank and form a sporadic canopy along the upper sections of the reach. Nuisance and /or invasive species were observed throughout the vine and herbaceous layers within the riparian area and include kudzu (Pueraria lobata), multiflora rose (Rosa multiflora), and Chinese privet (Ligust►um sinense). Anderson Farm Stream Mitigation Bank 7 Mitigation Plan December 2012 C. Soil Characteristics The Anderson Farm tract (located within the headwaters of Newfound Creek) exhibits steeply to moderately sloping topography. The site and surrounding area are primarily comprised of Tate loam and Clifton clay loam soil units. These soils are well drained and found on slopes ranging from 2 to 15 percent and characterized by a high clay content to a depth of 80 inches. D. Hydrology /Hydraulic Characteristics For the purposes of the restoration plan development, the streams have been divided into additional sections to facilitate the design. UT -1 (unnamed tributary) is defined as the upstream section of the western tributary. UT -2 is defined as the upstream section of the eastern tributary. UT -3 is defined as the section below the confluence of UT -1 and UT -2 which flows into Newfound Creek. The subbasins of UT -1 and UT -2, whose watershed, spring heads, associated wetlands, and riparian buffers will make up the proposed mitigation bank, have a combined watershed area of 96 ac. which is completely contained within the subject parcel. Both tributaries emerge from springheads at an elevation of approximately 2,010 feet, based on the United States Geologic Survey Topographic Map and four -foot interval LIDAR data sourced from the North Carolina Department of Transportation. The stream channel slopes in both tributaries above the confluence are approximately six percent. The slope becomes less pronounced downstream of the confluence and is estimated to be two percent. Both tributaries exist in well defined drainages that steepen significantly up- valley. The elevation of UT -1 as it leaves the property boundary is approximately 1,950 feet. A majority of the tract is located within a headwater area that has been historically managed for timber production and livestock management. As a result, a majority of the riparian buffer vegetation has been removed for many years, and cattle grazing has been largely unrestricted. These activities can be correlated to accelerated runoff /drainage velocities and increased peak flows within the two subbasins. As these velocities overwhelmed the in- stream structures, stream channels, and riparian vegetation, the system became de- stabilized, leading to extensive down - cutting and lateral cutting within the floodplain of UT -1. This down - cutting continues to lower the invert elevation of the channel to a depth of six to seven feet below the natural floodplain. Anderson Farm Stream Mitigation Bank 8 Mitigation Plan December 2012 The headwaters of UT -2 have a narrow, sparsely vegetated riparian buffer system that has protected this section of the reach and remains relatively stable. Several sediment plums and animal feces within the stream system indicate that the existing buffer is insufficient to filter runoff from the adjacent pasture land. In addition, flow interception for both human and livestock consumption has resulted in extensive sedimentation along the downstream section. As a result, the natural channel has infilled, reducing cross - sectional area and forcing subterranean flow in several sections. This infill has buried a majority of the natural in- stream structures, shifting the habitat to a Ientic environment that is unsuitable for macro - invertebrate communities. Additional habitat degradation has also occurred near the confluence of UT -1 and UT -2 due to the installation of livestock feeding and watering infrastructure. Degraded stream habitat was also observed south of the confluence. This section is characterized by seven -to eight -foot vertical stream banks and minimal occurrence of in- stream habitat. These conditions are likely a result of land disturbance upstream and have been exacerbated by recent logging activities along the western section of the property. Appendix B documents existing conditions throughout each of the main reaches targeted for restoration. E. Stream Classification Following the submittal of the prospectus, additional investigations were conducted at several points along UT -1 and UT -2. Data from these visits resulted in the removal of the upstream portion of UT -2 from the proposed bank boundary, as it was classified as an intermittent channel. All remaining areas within the project were considered perennial streams by Headwaters Restoration, LLC and Altamont Environmental, Inc. staff. This field determination was confirmed on January 30th, 2012 by the United States Army Corps of Engineers ( USACE) staff. See Appendix B for updated stream data forms. F. Jurisdictional Determination The existing wetland located on the eastern side of UT -1 has been delineated and approved by USACE staff. This wetland occupies a small section of natural floodplain that has been incorporated into the design of the restored stream. Several small wetlands were also delineated along the upstream portion of UT -2. Anderson Farm Stream Mitigation Bank 9 Mitigation Plan December 2012 Stream enhancement activities are proposed for this area and will be limited to exotic /invasive removal. See Appendix C for additional information on the existing jurisdictional wetlands within the proposed bank site. G. Cultural Resources Blue Ridge Archeological Consultants conducted a review of the mitigation bank property in March 2012. This review included extensive on -site investigations and available historic records. These investigations revealed remnants of an early 20th century farmhouse and outbuilding near the confluence of UT -1 and UT -2. This site was assigned a permanent site number (31 BN974), but was judged to be ineligible for any long -term protective designation. The State Historic Preservation Office concurred with these findings and has not requested any additional investigations to be conducted at the site. A copy of this correspondence and a report summary are provided in Appendix D. IV. STREAM RESTORATION PLAN A. Introduction Due to hydrologic, morphologic, and geographic differences in the streams within the project area, the streams have been divided into four reaches: UT -1 a, UT-1b, UT -2, and UT -3. The existing and proposed channel conditions for this project are represented in figures, plan and profile sheets, cross - sections, and details and specifications included with this report. The project area contains the headwaters and the entire watersheds for the streams and riparian zones that will be restored by this project and exist within the property area and project area boundary. UT -1 a and UT -1 b are approximately 229 linear feet and 1,217 linear feet in length, respectively. UT -2 is approximately 1,033 linear feet in length. UT -1 and UT -2 converge to form UT -3, which contains 976 linear feet of channel. UT -3 ultimately flows into Newfound Creek, approximately 900 linear feet downstream from the project and property boundary. Newfound Creek flows approximately 6,000 linear feet before joining the French Broad River. Both streams within the Anderson Farm site have become impaired as a result of agricultural management and cattle grazing practices that have been implemented since the 1950s. These practices have accelerated runoff velocities and increased sheer stress throughout UT -1, causing bank erosion and channelization. This channelization has also separated the stream from its natural floodplain which Anderson Farm Stream Mitigation Bank 10 Mitigation Plan December 2012 reduces nutrient delivery to the riparian system. Clear- cutting and installation of cattle watering infrastructure within the UT -2 watershed has reduced the system's ability to transport sediment downstream, resulting in excessive siltation in sections. This siltation has buried natural channel features, eliminating niche habitat for macro - invertebrates. Proposed activities will employ both Priority II stream restoration and Enhancement Level I techniques throughout each of the tributaries. Functional uplift within the system will be achieved through bank stabilization efforts along a majority of the two reaches. These stabilization measures will include the construction of a vegetated floodplain bench that will reduce sheer - stress - driven bank erosion by allowing overbank flooding to dissipate flow velocities within the channel. Riparian vegetation will also provide a source of valuable organic material which will support the re- establishment of a characteristic macro - invertebrate community. Shade provided by the vegetative cover will also lower ambient water temperatures during summer months and improve dissolved oxygen levels in the streams. Figure 7 provides information regarding the areas targeted for restoration and /or enhancement. Appendix E includes information pertaining to the specific design elements, feature locations, and engineering calculations for the restoration and enhancement sections. Table 1 provides a summary of the proposed activity and length of section that is targeted for restoration or enhancement. Table 1. Projected Restoration Totals by Stream Reach (linear feet) Reach Name Restoration (Priority II) Enhancement (Level 1) UT -1 1,296 150 UT -2 658 375 UT -3 976 0 TOTAL (If) 2 525 Additional benefits will be realized through the establishment of a contiguous forested buffer adjacent to the entire length of the mitigation project. This buffer will extend 151 feet on both sides of the reach and will be comprised of a mixture of native hardwood species. Once established, the forest will sequester nutrient and sediment pollution, provide diffuse flow during peak rain events, and serve as refuge habitat for migratory and resident fauna. Anderson Farm Stream Mitigation Bank Mitigation Plan December 2012 Cattle grazing within the site will be limited to areas outside of the 151 -ft buffer using standard exclusionary fencing. Watering facilities will be re- established outside of the buffer and will be fed using groundwater well(s) and /or rainwater harvesting techniques. Repositioning of the wells outside of the stream channels and riparian zones will eliminate the existing impoundments and restore the natural flow regimes within the headwaters of each reach. Livestock crossings will also be moved to downstream areas that are less susceptible to bank erosion, and direct access to the creek will be prohibited. As a result, nutrient and fecal coliform bacteria delivery to each reach will be substantially reduced. B. Hydrologic Modeling The USACE Hydrologic Engineering Centers River Analysis System (HEC -RAS) was used to model current and design conditions of the stream. HEC -RAS is a one - dimensional modeling tool used to describe steady flow conditions throughout the defined reach. Representative cross - sections located throughout reaches UT -1 a, UT -1 b, UT -2, and UT -3 were entered into HEC -RAS. Manning's equation (Equation 1) was applied to each reach individually to obtain four distinct potential bankfull discharges. Existing cross - sections and design cross - sections were entered into HEC -RAS, and the same bankfull flows (calculated from Equation 1) were modeled in both existing and design analyses to determine bankfull velocity, shear stress, and bankfull depth. Bankfull depth was calculated as the difference between the water surface elevation and the channel bed elevation. The values described below are the average parameters mentioned previously for each reach and are outlined and bolded in Table 1 of Appendix E. UT-1a Based on the model output from HEC -RAS, reach UT -1a has an existing bankfull cross - sectional area of 2.82 square feet and a bankfull velocity of 4.33 feet/second. For the design condition the bankfull cross - sectional area increases to 4.54 square feet, and the velocity decreases to 3.31 feet/second. Existing condition channel shear stress is 0.82 pound /square feet, and under design conditions the average shear stress decreased significantly to of 0.46 pound /square foot. Modeled existing bankfull depth is 1.11 feet, and the bankfull depth with design conditions decreased to 0.75 feet. HEC -RAS is a conservative model that is known to consistently over - predict water surface elevation and flow. HEC -RAS was initially developed by the USACE as a flood mapping and modeling tool; and therefore, in that application it is advantageous to err on the conservative side and predict conservatively high water surface elevations/ Anderson Farm Stream Mitigation Bank 12 Mitigation Plan December 2012 flows. While the design average bankfull depth predicted by HEC -RAS is higher than the selected design bankfull depth of 0.43 feet determined by comparing existing bankfull features, NC Regional Curves (Harmen et al., 2000), and reference reach data and regional curves obtained from Zink et al., 2012, the actual water surface elevation at this discharge rate is likely lower than predicted, and the bankfull depth is likely closer to the design depth in reality. When designing stable channel morphology, it is advantageous to be conservatively low with respect to the elevation of the bankfull bench. Lowering the bankfull depth increases the ability for smaller flows to frequently overtop the banks, interact with a primary floodplain, deposit sediment, and self- adjust depth. Therefore, the HEC -RAS modeled bankfull depth for the design condition tends to agree with the morphologically stable design bankfull depth of 0.43 feet. UT -1 b Based on the model output from HEC -RAS, reach UT -1b has an existing bankfull cross - sectional area of 2.23 square feet and a bankfull velocity of 3.63 feet/second. Under design conditions the bankfull cross - sectional area increases to 2.42 square feet, and the velocity decreased to 3.27 feet/second. Modeled existing channel shear stress is 0.47 pound /square foot, and under design conditions it was virtually the same at 0.51 pound /square foot. Modeled existing bankfull depth is 0.71 feet, and the design bankfull depth modeled under design conditions decreases to 0.53 feet. The average bankfull depth closely matches the design bankfull depth of 0.57 feet which indicates the design will allow for frequent flooding of the bankfull bench and support a stable channel dimension. UT -2 Based on the model output of HEC -RAS, reach UT -2 has an existing bankfull cross - sectional area of 2.93 square feet and a bankfull velocity of 3.33 feet/second. Under design conditions the bankfull cross - sectional area increases to 3.31 square feet and the velocity increases to 3.36 feet/second. Existing channel shear stress was 0.57 pound /square foot, and under design conditions it decreases to 0.51 pound/ square foot. Modeled existing bankfull depth is 0.77 feet, and the bankfull depth modeled under design conditions decreases to 0.59 feet. The average bankfull depth closely matches the design bankfull depth of 0.50 feet which indicates the design will allow frequent flooding of the bankfull bench and stable channel dimensions. Anderson Farm Stream Mitigation Bank 13 Mitigation Plan December 2012 UT -3 Based on the model output of HEC -RAS, reach UT -3 has an existing bankfull cross - sectional area of 2.47 square feet and bankfull velocity 3.40 feet/second. Under design conditions the bankfull cross - sectional area increases to 2.58 square feet, and the velocity remains almost constant at 3.41 feet/second. Existing channel shear stress was predicted to be 0.50 pound /square foot, and under design conditions the average shear stress was predicted to increase slightly to 0.53 pound /square foot. HEC -RAS modeled existing bankfull depth as 0.98 feet, and the bankfull depth modeled under design conditions decreases to 0.63 feet. The average bankfull depth closely matches the design bankfull depth of 0.71 feet which indicates the design will allow frequent flooding of the bankfull bench and stable channel dimensions. Modeling of existing and design conditions for the streams in the project area provides confidence in the design channel morphologies. Modeling also demonstrates that shear stress levels produced by the predicted bankfull discharges do not exceed the allowable shear stresses for channel stabilization materials, such as coir fabric, and proposed in- stream structures, such as wood cross -vanes and geolifts with woody toes. C. Bankfull Verification Bankfull stage or discharge can be defined as a peak flow occurring approximately every one to two years whose stage represents the incipient point of flooding of a stream. This flow is expressed as the momentary maximum of instantaneous peak flow rather than the mean daily discharge and is considered to be the channel forming discharge. Bankfull discharge is an important stream restoration design parameter that dictates stable channel morphology necessary to convey the bankfull discharge without aggrading or degrading the channel over time. A combination of analytical, empirical, and analog methods were used for the determination of the design bankfull discharge and channel dimensions used throughout this project. Several consistent bankfull features were observed and measured along the project reaches of the Anderson Farm site that indicated the approximate depth of the bankfull stage for each reach within the project area. These features were predominantly low depositional benches found at consistent elevations above the channel thalweg. Other features included high scour lines located at similar elevations to other bankfull depositional features including high depositional surfaces on active point bars. The channel dimensions resulting from a survey at the location of the bankfull indicators were compared to data Anderson Farm Stream Mitigation Bank 14 Mitigation Plan December 2012 collected from the Joyce Kilmer National Forest (Zink et al., 2012) and the North Carolina Mountain Rural Regional Curve ( NCMRC) (Harman et al., 1999) to assist with development of the targeted design channel dimensions. No gauge data is available for the streams in this project area; therefore, gauge data was not used to help estimate bankfull flows, bankfull depths, or target channel dimensions. All of the tributaries within the project area have a drainage area of less than one square mile. The data set used to develop the NCMRC does not include any data points for drainage areas this small. Therefore, high confidence was not placed on data extrapolated from the NCMRC when compared to field- identified bankfull indicators. The study mentioned above, conducted in the Joyce Kilmer National Forest (Zink et al., 2012) was utilized by the project team to aid in establishing reference conditions for the Anderson Farm project. The study includes streams with drainage areas similar in size to the tributaries within the Anderson Farm project area. Therefore, bankfull depths measured in tributaries at the Anderson Farm site were compared to depths predicted on a regional curve produced from the Joyce Kilmer study. Design bankfull depth was then tested and verified through the analysis of Manning's Equation (Equation 1), the Rational Method utilizing USGS data recurrence intervals (Equation 2), and the NCMRC (Equation 3, Harmen et al., 2000). Field identified bankfull features and their associated geometric dimensions (Appendix E, Table 2) helped to determine the parameter values used in Equation 1. Bankfull Discharge by Manning's Equation (Equation 1) Q = (1.49 *A *R ^(2 /3) S ^(1/2)) / n Q = Discharge (cubic feet per second) A = Cross - sectional area at a rifle (square feet) R = Hydraulic radius of riffle cross section (feet) S = Average water surface slope (foot/foot) n = Manning's roughness coefficient (dimensionless value) Anderson Farm Stream Mitigation Bank 15 Mitigation Plan December 2012 Bankfull Discharge by Rational Method and USGS Recurrence Intervals (Equation 2) Q = C *I *A Q = Discharge (cubic feet per second) C = Dimensionless runoff coefficient I = Rainfall intensity (inch /hour) from USGS 1 -2 year storms A = Drainage area (acres) Bankfull Discharge by NCMRC (Equation 3) Q = 100.64 *DA ^0.76 Q = Discharge (cubic feet per second) DA= Drainage area (square miles) The results of applying data collected for this project to Equations 1 through 3 are found in Table 3 of Appendix E. The Rational Method (Equation 2) resulted in the highest bankfull discharge values. The bankfull flows from the NCMRC (Equation 3) and Manning's Equation (Equation 1) were comparable. Bankfull discharge as calculated by Manning's Equation was higher than the NCMRC for UT -1 a and UT -1 b, and lower than the NCMRC predictions for reaches UT -2 and UT -3. If the Rational Method bankfull discharges were used for the design, it is likely that the bankfull discharge flow would overestimate the discharge within the reaches. With a higher bankfull discharge, the subsequent channel design dimensions required to convey the larger discharge flow would likely be oversized, which would translate to less frequent flooding on the floodplain and higher shear stresses on streambanks before flooding onto the bankfull bench occurred. Over time this could lead to channel instability. Consequently, Manning's Equation bankfull discharge, which closely matches the NCMRC, was used for the project channel design. The bankfull discharge values for reaches UT -1 a, UT -1 b, UT -2, and UT -3 as determined by using Equation 1 are 11.92, 7.79, 9.26, and 8.23 cubic foot per second (cfs), respectively. Bankfull depth was verified through analysis of existing bankfull features, NCMRC (Harmen et al., 1999), and reference reach and regional curve data obtained from Zink et al., 2012. Riffles with bankfull features were identified throughout the project reaches and were surveyed to determine existing bankfull depth, width, and area. The bankfull dimensions resulting from the use of each methodology and the design dimensions are found in Table 4 of Appendix E. The existing bankfull depth is slightly larger than the Anderson Farm Stream Mitigation Bank 16 Mitigation Plan December 2012 NCMRC and values from Zink et al., 2012. The existing bankfull width is slightly less than the NCMRC, and values from Zink et al., 2012, which indicates that the existing channel may be incised. Additionally, the existing bankfull area is slightly smaller than the NCMRC and values from Zink et al., 2012. The design bankfull depth and width were calculated utilizing all three methods: as an average of existing bankfull dimensions, the NCMRC, and the regional curves from Zink et al., 2012. Design bankfull depth and width were then used to calculate bankfull area, which was calculated as a trapezoid with stable channel side slopes. D. Sediment Transport Analysis Sediment transport analysis is a key component of stream design and restoration. The designed stream should transport the expected sediment load without aggrading or degrading. Aggrading channels will deposit sediment along the channel and decrease cross - sectional area. Conversely, degrading channels will scour the channel bed, destabilize the channel, and transport excess sediment downstream. Currently, the streams within the project reach are not considered stable, and erosion of the banks and sediment derived from other erosion in the watershed is contributing to the sediment load in the streams. Sediment load from eroding banks and the project area, which includes 151 -ft wide riparian buffers on either side of the stream, will be reduced once the design channel and overall project is constructed, and the streambanks and wide riparian corridor are stabilized and vegetated. Stabilization of the streambanks and watershed should return sediment loads within and immediately downstream of the project to more natural proportions and support a state of equilibrium. Adequate sediment supply should remain available, which is important because sediment free water (hungry water) has greater stream power and energy, and a lack of sediment supply could result in the ability of channel flows to scour and erode the channel bottom. A channel is considered stable when the stream flows transport sediment loads that do not produce long -term aggradation or degradation of the stream channel. Channel shear stress is a function of hydraulic radius and channel slope. Critical shear stress (Equation 4) is the force required to mobilize a specific diameter particle within the channel, i.e. a larger critical shear stress will move larger particles. For the purpose of this analysis the critical shear stress is assumed equal to the bankfull channel shear stress measured in the thalweg, and the largest particle mobilized was determined by comparing the critical shear stress value to the particle size diameter mobilized using Shields relationships (NRCS, 2007). A comparison of existing and designed critical shear stress values to Anderson Farm Stream Mitigation Bank 17 Mitigation Plan December 2012 the size of substrate material identified in Wolman pebble counts, conducted as part of the assessment for the project, was used in this analysis to determine channel stability. Critical sheer stress was also compared to allowable shear stresses for materials that will be used to temporarily stabilize soils on the stream channel banks and stabilize the stream channel itself, e.g. coir fabric. The following equation was used to predict critical shear stress: Critical Shear Stress (Equation 4) T= Y *R *S T = Bankfull critical shear stress (pound /square foot) Y = Specific weight of water = 62.4 pound /cubic foot R = Hydraulic radius (feet) S = Average water surface slope (foot/foot) Table 4 lists the calculated shear stress values (Equation 4) as well as the range of values predicted by HEC -RAS for each reach. The HEC -RAS analysis calculated the channel shear stress in the thalweg, which is the maximum channel shear stress, based on the Manning's bankfull discharge. Additionally, the largest particle mobilized in millimeters (mm) at the given shear stress value for each reach is listed in Table 6. The existing substrate material was determined from a Wolman pebble count. Currently, the D50 of UT-1a and UT-1b is 0.15 mm, the D50 of UT -2 is 0.36, and the D50 of UT -3 is 0.50 mm. While the D50 generally describes a channel's average substrate, this stream has been heavily impacted by sedimentation derived from upland areas. The silty /sandy -sized substrate is not likely indicative of the more natural channel substrate that will evolve post- construction when sediment loads to the stream have been reduced, and channel flow has had a chance to transport fines out of the system. For this reason, the D84 particle size was used in this sediment transport analysis. Currently, the D84 of UT -1 a and UT -1 b is 1.0 mm, the D84 of UT -2 is 1.2 mm, and the D84 of UT -3 is 20 mm. The critical shear stress that mobilizes the D84 size particles in UT -1a and UT -1b is 0.015 pound /square foot. In UT -2 and UT -3 the critical shear stress that mobilizes the D84 size particles is 0.02 pound /square foot and 0.30 pound /square foot, respectively. Anderson Farm Stream Mitigation Bank 18 Mitigation Plan December 2012 UT-1a Equation 4 predicts that bankfull flows within the existing UT -1 a reach have the ability to mobilize 200 mm particles, and according to the HEC -RAS bankfull model output, UT -1a is able to mobilize 47 -75 mm particles. Following Equation 4, the design condition for UT -1 a has the ability to mobilize 170 mm particles, and according to the HEC -RAS model output for the design condition, UT -1 a is able to mobilize 47 -76 mm particles. Due to site topography, and the desire not to start this restoration project from an ecological "clean slate ", an entirely new channel alignment was not proposed (Priority I Restoration). Restoration of the project reach will consist of Priority 11 restoration and Enhancement, and the design generally incorporates the existing channel pattern down slope through the valley. Consequently, the overall channel slopes throughout the reaches will change very little; and therefore, shear stress is not expected to decrease dramatically. While the alignment or pattern of UT -1 a will not be altered, the existing headcut will be graded to a more stable slope (See Plan and Profile Sheet P1) and will be further stabilized through the installation of cross vane -like drop structures made of wood recycled during grading streambanks to stable slopes (See Detail Sheet D1). The headcut, which is the steepest section of UT -1 a, currently has a slope of 0.23 ft/ft. The designed reach will reduce the slope of the headcut to a more stable slope of 0.10 ft/ft. Despite the reduction of slope in the headcut area, the average channel slope of this reach will remain relatively unchanged at 0.11 ft/ft. Equation 4 predicts that the existing UT-1a reach has the ability to mobilize 200 mm particles, and according to HEC -RAS UT-1a is able to mobilize 48 -75 mm particles. Following to Equation 2, the design condition for the UT-1b reach has the ability to mobilize 85 mm particles, and according to HEC -RAS UT -1 b is able to mobilize 0.32 -0.60 mm particles. The designed reach is predicted to decrease the channel shear stress slightly; however the predicted shear stress is greater than the critical shear stress necessary to mobilize the existing D84 substrate with a diameter of 1.0 mm. This may indicate the channel is at risk of degradation; however, the design morphology is considered stable based on reference data gathered from the study conducted in Joyce Kilmer Forest and agrees with the regional curves produced therein (Zink et al., 2012) and with Rosgen methodology. Once the streambanks are graded to a stable slope, in- stream grade control structures are installed, and the rifle -pool sequencing is constructed, it is projected that the reach will quickly reach a stable state of equilibrium. Anderson Farm Stream Mitigation Bank 19 Mitigation Plan December 2012 UT -1 b Equation 4 predicts that the existing UT -1 b reach has the ability to mobilize 80 mm particles, and according to HEC -RAS, UT-1b is able to mobilize 20 -41 mm particles. Following Equation 2, the design condition for the UT -1 b reach has the ability to mobilize 85 mm particles, and according to HEC -RAS, UT -1 b is able to mobilize 21 -47 mm particles. Following the same methodology as discussed for UT -1 a, the alignment of UT-lb will not be altered significantly. Consequently, while the shear stress decreased only slightly between UT -1 a and UT -1 b, the design channel shear stress is predicted to exceed the critical shear stress necessary to mobilize the D84 1.0 mm particles in UT -1 b. This may indicate that the channel is at risk of degradation; however the design morphology is considered stable and agrees with the NCMRC, Zink et al., 2012 regional curves, and Rosgen methodology. Once the streambanks are graded to a stable slope, in- stream structures are installed, and riffle -pool sequencing is constructed throughout the reach, it is proposed that the reach will quickly reach a stable state of equilibrium and not degrade. UT -2 Equation 4 predicts that the existing UT -2 reach has the ability to mobilize 85 mm particles, and according to HEC -RAS, UT -2 is able to mobilize 20 -75 mm particles. Following Equation 2, the design UT -2 reach has the ability to mobilize 90 mm particles, and according to HEC -RAS, UT -2 is able to mobilize 28 mm particles. Following the same methodology as discussed for UT -1 a, the alignment of UT -2 was not altered significantly. Consequently, while the shear stress decreased slightly, it did not decrease dramatically. The design channel shear stress is still above the critical shear stress necessary to mobilize the 1.2 mm particles in UT -2. This may indicate the channel is at risk for degradation; however, the new design morphology is considered stable and agrees with the NCMRC, Zink et al. 2012 regional curves, and Rosgen methodology. Existing conditions indicate the stream is highly unstable and excessive sedimentation has buried the stream. Following construction of the design stream, the stream will be restored and reconnected to a floodplain by grading the stream morphology to a stable condition. Consequently, it is likely that the stream will quickly reach a stable state of equilibrium. UT -3 Equation 4 predicts that the existing UT -3 reach has the ability to mobilize 30 mm particles, and according to HEC -RAS, UT -3 is able to mobilize 20 -46 mm particles. Following to Equation 2, the design UT -3 reach has the ability to mobilize 39 mm particles, and according to HEC -RAS, UT -3 is able to mobilize 25 -49 mm Anderson Farm Stream Mitigation Bank 20 Mitigation Plan December 2012 particles. Following the same methodology as discussed for UT -1 a, the alignment of UT -3 will not be altered significantly. Consequently, while the shear stress decreased slightly, it did not decrease dramatically. The design channel shear stress is still above the critical shear stress necessary to mobilize the 30 mm particles in UT -3. This may indicate the channel is at risk for degradation; however, the design morphology is considered stable and agrees with the NCMRC, Zink et al. 2012 regional curves, and Rosgen methodology. Once the banks are graded to a stable slope, in- stream structures are installed, and the riffle -pool sequencing is constructed throughout the reach, it is likely that the stream will quickly reach a stable state of equilibrium. The channel slope, which largely dictates channel shear stress, was not heavily adjusted in this design. Consequently, the design channel shear stress did not significantly decrease from existing conditions. However, the design of the stream in this project area is based on experience gathered from designing and building numerous stream restoration projects, Rosgen methodology, and regional curve guidance (Zink et al. 2012) to produce a stable stream for each reach. It is likely that the D84 value for each reach obtained by conducting the Wolman pebble counts in the project reaches may be grossly underestimating the D50 for these streams in their natural condition. If this is the case, it is likely that the shear stresses created by the designed conditions for this project would not be able to mobilize a true D50 size particle for these streams if they were in a more natural condition. f these streams were designed to produce channel shear stress values below the critical shear stress value necessary to avoid mobilizing channel substrate the UT -1a, UT -1 b, UT -2, and UT -3 stream lengths would need to be increased dramatically. Changing the alignment of the streams by this magnitude was not feasible due to local valley topography. The design dimensions should adequately convey sediment loads through these reaches trending the streams toward a stable state of equilibrium and resulting in a more diverse channel bed and coarser channel substrate. The design condition calculated bankfull shear stress values based on Equation 4, for UT-1b, UT -2, and UT -3 (0.56 -1.18 pound/ square ft, Table 4) are below the allowable shear stress value for coir matting (2.25 pound /square ft; Fischenich, 2001). UT -1a has a higher predicted shear stress value of 2.26 pound /square foot, due to the steep slope (0.11 ft/ft) which is slightly greater than the allowable shear stress for coir matting. However, HEC -RAS predicts the design conditions of UT -1 a to exert a smaller shear stress of 0.32 -0.60 pound /square foot, which is below the allowable shear stress value for coir matting. Coir matting will be used throughout the construction of this project and will remain on the banks as vegetation is Anderson Farm Stream Mitigation Bank 21 Mitigation Plan December 2012 established. Vegetated coir fabric has a higher allowable shear stress of 4 -8 pound /square ft; NCDENR, 2009). Therefore, during construction when vegetation is not fully established the coir matting will have a small window of time when it may not withstand the channel shear stress produced by a bankfull flow. Once the channels are vegetated the predicted shear stress will be well below the allowable shear stress for fully vegetated coir matting (4 -8 pound /square foot; NCDENR, 2009), and the design stream should withstand bankfull flows without eroding. A full suspended sediment bedload analysis was beyond the scope of this assessment; however, if conducted, could provide additional useful information in determining overall channel stability. E. Priority II Stream Restoration - UT -1 a The western upstream limit of the project reach begins at the headwaters of UT -1 a at station 10+00, where stream flow is being depleted by its diversion to livestock watering infrastructure. UT -1 a is classified by the Rosgen method as ranging from an "A6a +" stream type, which is defined as a steep and entrenched stream to an "F5b" stream which is classified as a moderately steep, entrenched stream, with a moderate to high width / depth ratio. UT -1 a has the steepest channel slope (0.11 ft/ft), and largest headcut existing within the project area (see Appendix E, Plan and Profile Sheet P1, Table 5). The existing headcut is likely to deepen and migrate upslope if action is not taken to stabilize the banks and the profile of reach UT -1 a. Additionally, exotic invasive plant species dominate the vegetation within this reach, and provide little habitat diversity or stability to eroding soils, particularly during leaf off periods of the year. The BEHI rating for UT -1 a was high due to extremely high bank height ratios which indicate stream incision and streambank instability (Appendix E, Table 6). There is little to no flow in the UT -1a channel above a significant headcut located at station 11+60. Additionally, a historic livestock crossing is located just upstream of the headcut at station 11 +50. The existing crossing will be removed, redesigned, and relocated to a more stable location further downstream on reach UT -1 b. The existing crossing is a major source of nutrient, bacteria, sediment, and unmitigated stormwater input to the stream. The new multi -use crossing will be constructed as a wooden bridge and will be designed to Natural Resource Conservation Service (NRCS) standards and specifications. Anderson Farm Stream Mitigation Bank 22 Mitigation Plan December 2012 The headcut discussed above will be stabilized through the removal of the crossing and by reducing the slope of the channel profile through grading and installation of wooden drop structures throughout the reach. The channel slope in the area of the headcut will be reduced from 0.32 ft/ft to 0.11 ft/ft, and the fall over individual structures will not exceed 0.5 foot (Detail Sheet D1, Detail V -Notch Log Vane). Priority II type restoration in conjunction with installation of the aforementioned drop structures, is proposed throughout the UT -1 a reach from station 10+00 to 12 +29. Adjustment to the pattern of the stream channel in UT -1 a is not proposed because of the steep channel slope and valley side slopes. Reach UT -1 a will be restored to a stable `A' stream type based on reference data collected for the project. The dimension and profile will be stabilized through the installation of drop structures and Priority II type restoration that will involve establishing a bankfull bench at a designed depth and the creation of stable streambank slopes. Implementation of this plan will increase stream connectivity with the floodplain and flood prone areas. Throughout UT-1a, streambanks on either side of the channel are very steep and unstable and will be graded to a more stable slope not to exceed 2 Horizontal (H):1 Vertical (V) (Cross Section Sheet X1). Non- native invasive plant species will be removed from the project area where large communities exist that have entirely out competed native vegetation (e.g. kudzu, privet, and multiflora rose thickets), and by hand in areas where exotic invasive plants are less dense using hand "cut and spray" techniques. Topsoil in the areas where grading will occur will be removed and stockpiled in a nearby location and stabilized. Upon completion of rough grading stockpiled topsoil will be spread over graded and disturbed areas, streambanks, and the stream buffer to re- incorporate nutrient rich topsoil back into the project and to achieve final grade. The entire conservation easement area (including streambanks) will be re- vegetated using a riparian seed mix, bare root plants, and container plants. Additional information regarding plant species and densities is provided in Section K. Areas below 1.5 times bankfull elevation will be mulched with straw and stabilized through the installation of 600 gram /square meter coir fabric as shown on Detail Sheet D3. Disturbed areas above 1.5 times bankfull elevation with slopes greater than 3H:1V will be stabilized with coconut fiber jute matting. Disturbed areas within the conservation easement area with slopes that are less than 3H:1V will be seeded and planted with native vegetation and mulched with straw. F. Priority II Stream Restoration - UT -1b There is a significant morphologic change in the stream channel at the UT -1 a /UT -1 b boundary. UT -1 b is classified as ranging from a Rosgen "135a" stream type, with the exception of a lower sinuosity than that of Anderson Farm Stream Mitigation Bank 23 Mitigation Plan December 2012 the Rosgen Classification of Natural Rivers, to a "G5" type stream type. Type "B" and "G" streams are defined as moderately steep and slightly entrenched, however "G" streams have a lower width /depth ratio. UT -1 b has a gentler channel slope (0.035 ft/ft), is also incised (based on the measured width /depth ratios), exhibits failing banks, and is experiencing erosion signifying a condition that is not in equilibrium and unstable. Similar to UT -1 a, this reach is dominated by exotic invasive vegetation that offers little protection to actively eroding banks. Fine sediments that make up the majority of the channel substrate found within the channel bed indicate active erosion throughout and upstream of this reach. The BEHI ratings for UT -1 b range from moderately to highly unstable due to high bank height ratios, which indicate stream incision and eroding streambanks (Appendix E, Table 6). Priority II restoration is proposed along UT -1b from station 12 +29 to 20 +20 and from station 21 +70 to 24+46. Enhancement Level I is proposed along UT -1 b between the areas station 20 +20 to 21 +70 adjacent to and within Wetland Area 1 (Plan and Profile Sheet P3). Reach UT -1 b will be designed and restored as a stable `E' type stream per the Rosgen classification system, with a lower sinuosity than that defined per the Rosgen Classification of Natural Rivers for `E' type channels. Minor adjustments to the channel pattern will be achieved by stabilization of actively eroding streambanks within the reach through installation of small geolifts (Detail Sheet D4) constructed on the outside of over -tight meander bends and by grading, which will create design channel dimensions, the bankfull bench, and stable streambank slopes. The stream channel bed profile lacks diversity within this reach. Appropriate pool /riffle spacing will be enhanced by installing pools in stabilized meander bends and riffles between pools where appropriate. Clean coarse channel material found within the system during grading and pool excavation may be relocated to riffle sections to enhance channel bed diversity and substrate size. A similar bankfull bench (compared to UT -1 a) will be created through grading and structure installation along UT -1 b and will provide greater connectivity with a stabilized and natively vegetated flood prone area. The bankfull bench and streambanks above the bench will be stabilized at a 2H:1V slope maximum and will be planted as described above for UT -1 a. Additional livestock watering infrastructure will be removed from UT -1 b as well as a small impoundment at station 23+80. The impoundment area will be stabilized after the removal if necessary. Anderson Farm Stream Mitigation Bank 24 Mitigation Plan December 2012 The property owner has requested that a stable multi -use crossing be constructed (as mentioned above) within UT -1 b that will replace the existing crossing in UT -1 a. The relocated crossing will be constructed per NRCS specifications and guidelines at station 14 +50, above the confluence with UT -2. G. Priority II Stream Restoration - UT -2 UT -2 is classified as ranging from a Rosgen "C5V stream type, with the exception of a lower sinuosity than the Rosgen Classification to a "G5c" type stream. Type "C" streams have well - developed floodplains and are not considered highly entrenched. Type "G" streams are defined as a low slope, entrenched system with a low width /depth ratio. Priority II restoration will occur from station 13 +75 to 20 +33 on this reach. The design channel will be restored as a stable type `C' stream per the Rosgen classification system, similar to the area targeted for Enhancement Level I activities. The areas targeted for Priority II restoration will stabilize the dimension, pattern, and profile of the stream channel and streambanks. Notably, from station 13 +75 to 17+40 the stream has been historically filled with sediment, potentially from past logging activities, pasture creation, and livestock impacts. These types of historic unsustainable land uses have apparently introduced more sediment into the stream's system than could be transported by the channel flow. The stream is currently buried and flows underground from where it enters the ground at station 13 +75 and emerges at a headcut located at station 17+40. Priority 11 restoration within this area will include removal of the accumulated sediment in the relic channel to the extent necessary to daylight the stream and mimic the stable morphology found in other areas of the reach. The design condition for this reach has taken into consideration reference reach data gathered for the project. As described for reach UT -1 b the stream channel and banks will be restored to a stable dimension, pattern, and profile to be achieved through the installation of a bankfull bench at the designed elevation and by creating stable 3H:1V streambank slopes above the bankfull bench. Pools will be established in meanders, and riffles will be established between the pools in appropriate locations. The rifles will be enhanced with clean coarse bed material if found within the system during pools excavation and grading. The bankfull bench and streambanks above the bench will be planted as described above. A large red maple tree exists near the downstream end of the reach at station 18 +70. Per IRT request, this tree and its roots will be preserved as part of the project and will be avoided during construction. A shallow Anderson Farm Stream Mitigation Bank 25 Mitigation Plan December 2012 non - potable well and pump house are located within 10 feet of the stream at station 10+60. It is likely that this well is dewatering the stream system. The well and pump house will be abandoned and removed as part of the project. A stable multi -use crossing for UT -2 will be constructed at station 14 +50 (Plan and Profile Sheet P4). This crossing will replace the existing structure at station 19 +25. The relocated crossing will be constructed per NRCS specifications and guidelines. H. Priority II Stream Restoration - UT -3 Reach UT -3 is formed by the confluence of UT -1 and UT -2. UT -3 is classified as ranging from a Rosgen "E5" type stream to an "G4c" type stream. However, UT -3 does not meet the sinuosity requirement of an E channel. Type "E" channels have a low width /depth ratio, moderate slope, and are slightly entrenched. Type "G" channels are entrenched, have moderate sinuosity, and a low width /depth ration. The low sinuosity of reach UT -3 may be attributed to historic straightening or relocation of the stream. Erosion, failing streambanks, and high bank heights are evident throughout UT -3, but are fewer than in other reaches. UT -3 has the lowest channel slope (0.016 ft/ft) of any stream in the project area. BEHI ratings of UT -3 range from moderate to very highly unstable due to high bank height ratios. Priority II restoration will occur on this entire reach from station 10+00 to station 19 +76. The designed channel will restore the UT -3 reach to a stable `E' channel with a lower sinuosity than specified per the Rosgen Classification of Natural Rivers. The Priority II restoration will be used to stabilize the dimension, pattern, and profile of the stream. The stream's meander pattern will be modified at over -tight bends by increasing the radius of curvature through installation of geolifts on the outside of meander bends and bankfull benches. Installation of these structures will bring the sinuosity of the reach closer to the sinuosity specified in the reference information gathered for the project. The bankfull bench will be installed at the designed elevation, and stable streambank slopes will be installed above the bench with maximum slopes of 3HAV. Similar to the other reaches within the project area, the existing channel bed and stream profile lack diversity. Appropriate sinuosity and riffle /pool spacing will be established by installing pools in meander bends and riffles between pools at appropriate locations. Clean coarse bed material found within the system during excavation of pools may be used to enhance the channel substrate in riffles. Streambanks and the riparian conservation easement area will be planted according to Section K. All Anderson Farm Stream Mitigation Bank 26 Mitigation Plan December 2012 existing and design conditions for UT -3 may be found on Plan and Profile Sheets P6 and P7, Cross Section Sheet X2, and Details Sheet D2. I. Stream Enhancement (Level 1) - UT -1b Enhancement Level I activities are proposed for approximately 150 If of UT -1 b between station 20 +20 and 21 +70 which is adjacent to and within Wetland Area 1 (Plan and Profile Sheet P3). Post construction contours will be configured to blend with the existing floodplain areas that comprise this wetland. Functional uplift in this section will be derived through the removal of exotic and /or invasive species, and the revegetation efforts which will utilize a mixture of native hardwood trees and shrubs. Existing native, hardwood species will not be disturbed during these activities. Priority 11 design construction techniques will be applied to the areas directly upstream and downstream of this section, but no earthwork is proposed within the existing wetland boundary. J. Stream Enhancement (Level 1) - UT -2 The eastern upstream limit of the project reach begins at the headwaters of UT -2 at station 10+00. Enhancement Level I activities are proposed for approximately 375 If of UT -2 between stations 10+00 and 13 +75. This area is located directly upstream of the Priority 11 restoration area. Functional uplift will be achieved in this section through the removal of non - native invasive plants, removal of livestock watering infrastructure, and vegetation enhancement. Note that all work will avoid any impacts to Wetland Areas 2 and 3 located at stations 12 +50 and 13 +25. K. Riparian Buffer Restoration The planting plan associated with this project has been designed to encompass a minimum of 151 -ft wide buffers along UT -1 and UT -2. These buffers total approximately 25 acres and were designed in accordance with the Regulatory Guidance for the Calculation of Stream and Buffer Mitigation Credit for Buffer Widths Different From Standard Minimum Widths (Version 4.5) (DWQ, 2010b). This guidance allocates additional credits for a given project based on the removal of nitrogen and other pollutants that increases with riparian buffer width. Based on these guidelines, a project that implements a 151 -ft (or greater) wide buffer along restored sections of streams in the mountain region will remove 77.6% of available nitrogen and qualify for Anderson Farm Stream Mitigation Bank 27 Mitigation Plan December 2012 a Stream Buffer Correction Factor (SCF) of 18.5 %. See Appendix F for SCF totals associated with the restored sections of UT -1, UT -2, and UT -3. The target vegetative communities for this project are low mountain alluvial forest and mountain bottomland forest (Shafale and Weakley, 1990). Hardwood species associated with these communities will be divided into three planting zones: streambank, floodplain, and mountain slope, which correspond to expected flooding frequency and duration levels. Tree seedlings and shrub species will be planted on eight foot spacings (equivalent to a density of 680 stems /acre) throughout the three zones. Other characteristic shrub species (e.g. dog hobble, rhododendron sp., and witch hazel) will continue to volunteer aggressively into the restored streambank, floodplain, and mountain slope areas. Table 2 provides additional information about the proposed planting plan. Anderson Farm Stream Mitigation Bank 28 Mitigation Plan December 2012 Table 2. Proposed Planting Plan Zone 1 - Streambank Common Name Elderberry Ninebark Black Willow Zone 2 - Floodplain Common Name River Birch Green Ash Swamp Chestnut Oak American Elm Ironwood Zone 3 - Mountain Slope Common Name Tulip Poplar American Sycamore Yellow Birch Sugar Maple Bitternut Hickory American Holly 3.455 linear feet Scientific Name Sambucus canadensis Physocarpus opulifolius Salix nigra 2 acres Scientific Name Betula nigra Fraxinus pennsylvanica Quercus michauxii Ulmus americana Carpinus caroliniana 23 acres Scientific Name Liriodendron tulipifera Platanus occidentalis Betula lutea Acer floridanum Carya cordiformis Ilex opaca % Composition 33 33 33 TOTAL % Composition 20 20 20 20 20 TOTAL % Composition 20 20 20 20 10 10 TOTAL GRAND TOTAL # Planted 2,500 2,500 2,000 7,000 # Planted 300 300 300 300 300 1,500 # Planted 3,000 3,000 3,000 3,000 1,500 1,500 15,000 23,500 Anderson Farm Stream Mitigation Bank 29 Mitigation Plan December 2012 V. POST- CONSTRUCTION MONITORING PLAN A. Success Criteria The stream and riparian buffer restoration effort will be evaluated based upon performance criteria related to vegetative density and stream stability. A total of five (5) monitoring events will occur following completion of the proposed work. Additional monitoring maybe required if subsequent plantings are deemed necessary to meet the success criteria listed below. Note that non - planted individuals of characteristic species may volunteer into the restored site. Suitable volunteers are an important component to the riparian area as they serve as indicators for appropriate hydrologic regimes and provide increased diversity. The presence of suitable volunteers also demonstrates trending of the site toward vegetative success. The primary success criteria for the restored stream systems will be: (1) Documentation of 2 bankfull events using techniques discussed below within a normal rainfall year during the initial 5 years of monitoring. These events must occur in separate years. Additional monitoring may be necessary in the event of abnormal climatic conditions. (2) Demonstrated density of planted species to meet or exceed 260 trees per acre at the end of 5 years (post- planting). Level I Monitoring will be required for the Anderson Farm Stream Mitigation Bank as detailed in the Stream Mitigation Guidelines (USACE, 2003). Monitoring will occur five times in the years following completion of construction. Monitoring reports will be prepared each monitoring year and will include completed Channel Mitigation Monitoring Sheets with current data, a discussion of any deviations, and whether they are indicative of a stabilizing or destabilizing situation. Level I Monitoring includes Sections 1, 2, and 3 listed below: (1) Photo - Documentation Extensive photo documentation is proposed for the stream monitoring phase of this project. Photos will be taken at all permanent cross - sections on a bi- annual basis (winter and summer) in addition to any problem areas that may develop after construction is completed. Photos will be georeferenced to the corresponding cross - section and /or problem area as part of the submitted report. Photo documentation will also be used Anderson Farm Stream Mitigation Bank 30 Mitigation Plan December 2012 to document the health of the riparian area plantings and the effectiveness of any erosion control measures. (2) Ecological Function The health of the riparian vegetation will be documented as part of the stream monitoring efforts. Multiple 0.10 -ac. permanent monitoring plots will be established throughout the riparian buffer restoration including areas directly adjacent to the restored channel. Both planted and volunteer species will be enumerated separately and data regarding tree height and vigor will be included in the annual monitoring report. Success criteria for riparian restoration will be evaluated using the aforementioned metrics. (3) Channel Stability /Survey Procedures a. Cross - Sections The Anderson Farm Stream Mitigation Bank will restore 2,930 If of perennial stream. The restoration will mimic moderate - gradient stream reaches characteristic of the Broad Basin ecoregion (Griffith, 2002). Where appropriate, hardened materials (i.e. rock structures) will be used to control grade throughout the project. However, natural materials (e.g. root wads and log vanes) will assist with channel stabilization and grade control throughout a majority of the project. Given the size, uniform design, and moderate slope (2 %) of the proposed project area, cross - sections will be established every 500 feet of stream length (totaling 5 permanent stations). Placement of these stations will be designed to assess the performance of potential problem areas (e.g. severe erosion, structural failure, etc.) within the restoration areas. These stations will also be evenly distributed between riffles and pools throughout the project. B. Vegetation Monitoring The vegetation monitoring protocol is adapted from the accepted methods used for stream and wetland restoration sites within North Carolina. Given the size of the project, 2% of the planted riparian areas will be monitored via the establishment of permanent 0.10 -ac. plots. These areas include approximately 25 acres in two different habitat types. Given the proposed acreage, a total of five (5) plots will be established. GPS coordinates for the centers of each sampling plot will be recorded and included with the "as- built" survey and subsequent annual monitoring reports. During monitoring, surviving planted individuals and volunteers will be identified, measured, and enumerated within each plot. Anderson Farm Stream Mitigation Bank 31 Mitigation Plan December 2012 C. Hydrologic Monitoring Documentation of stream flow within the project will also be conducted. Following stream construction activities, three (3) pressure transducers (one in each restored reach) will be installed. One additional gauge will also be installed within the area targeted for enhancement. These gauges will measure the elevation of water in the channel throughout the duration of the project and will be used to determine if the project is meeting the applicable success criteria related to the total number of bankfull events. VI. BANK OPERATION A. Project Team The project team consists of licensed wetland scientists, geologists, and professional engineers with extensive experience in water resource and riparian restoration projects. The Southern Appalachian Highlands Conservancy (SAHC) owns the subject property. AFFP, LLC, is a single member Limited Liability Company, with SAHC as the single member. AFFP will serve as the legal entity and Bank Sponsor of this project. Through an agreement with SAHC, the Sponsor has control of all streams and livestock- watering infrastructure affecting the hydrology of the site. The Sponsor employs several staff members with advanced degrees in ecology, forestry, and natural resource management. Together, these entities possess the necessary credentials to execute the proposed project. B. Credit Totals Upon acceptance of the final mitigation plan by the IRT, the Bank Sponsor will initiate proposed construction activities for the development of the Bank site. Mitigation bank credits will be calculated using the following standard: Mitigation Type Ratio Stream Restoration 1:1 Stream Enhancement (Level 1) 1.5:1 Use of credits from the Bank to offset stream impacts authorized by federal permits or state water quality certifications must be in compliance with the Clean Water Act, Section 404 (b)(1) guidelines and other Anderson Farm Stream Mitigation Bank 32 Mitigation Plan December 2012 applicable federal and state legislation, regulations, and policies. Prior to release of bank credits, the following requirements will be met: (1) approval of the final mitigation plan and execution of the Mitigation Banking Instrument (MBI); (2) securing of the bank site, and (3) establishment of appropriate financial assurances. Given the aforementioned ratios for stream restoration and associated SCF adjustments, it is estimated that 3,822 stream credits will be derived from the establishment of the Anderson Farm Stream Mitigation Bank (Table 3). The tentative schedule for establishment of the bank site is outlined in Table 4. Table 3. Restoration Totals and Credit Yields by Stream Reach (linear feet) Reach Name Restoration (Priority II) Enhancement (Li) SCF (18.5 %) UT -1 1,296 150 240 UT -2 658 375 122 UT -3 976 0 181 TOTAL (If) 2,930 525 CREDITS 2,930 350 542 TOTAL CREDITS 3,822 Performance monitoring will be conducted for a 5 -year period subsequent to project construction. Annual monitoring will evaluate the development of stream function and document site performance relative to established success criteria. In addition, monitoring activities will identify any site deficiencies that may warrant remedial action. Monitoring reports documenting site success and /or failure will be submitted to the IRT each year. Upon submittal of annual monitoring reports demonstrating the fulfillment of site success criteria, stream credits will be released according the approved credit release schedule. See Table 4 for more information on the project timeline and credit release schedule. The Sponsor shall develop accounting procedures for maintaining accurate records of debits made from the Bank that is acceptable to the IRT. Such procedures shall include the generation of a debit report by the sponsor documenting all credits used at the time they are debited from the bank. Debit reports shall be provided to each member of the IRT within 30 days of the date of credit sale. In addition, the Sponsor shall prepare an Annual Report to be provided to each IRT member within thirty (30) days of each anniversary of the date of execution of the MBI, showing all credits used and the balance of credits remaining. The Anderson Farm Stream Mitigation Bank 33 Mitigation Plan December 2012 Sponsor's reporting obligations shall end upon the sale of all credits or termination of the MBI, whichever event occurs first. Table 4. Project Milestone Schedule Task Percentage of Credits Released (% cumulative Date of Completion Execution of MBI; Approval of Final Mitigation Plan; Recordation of Conservation Easement 15 (15) April 2013 Completion of all Restoration Activities 15 (30) July 2013 Monitoring Plan --- Year 1 Monitoring (post- construction) 10 (40) September 2013 Year 2 Monitoring (post- construction) 15 (55) September 2014 Year 3 Monitoring (post- construction) 15 (70) September 2015 Year 4 Monitoring (post- construction) 10 (80) September 2016 Year 5 Monitoring (post- construction) 20 (100) September 2017 TOTAL 100 C. Financial Assurances The Bank Sponsor has established two (2) separate escrow accounts that will serve as the appropriate financial assurances designed to cover contingency measures in the event of Bank default or failure. One account has been funded up to $100,000.00 to cover 30% of the projected construction budget. The other account has been funded up to $5,000.00 to cover 10% of the monitoring budget. These accounts have been established with Asheville Savings Bank. Correspondence from this institution will be included in Appendix D of the MBI. D. Long -Tenn Management Plan Buncombe County Soil and Water Conservation District (BCSWD) will serve as the long -term conservation easement holder for the Bank. BCSWD is a governmental agency established pursuant to N.C. Gen. Stat. § 139 -1 et seq., and its purposes include, among other things, the protection and conservation of natural resources, including soil and water resources. BCSWD is authorized by the laws of the State of North Carolina to accept, hold, and administer conservation easements; it possesses the authority to accept and is willing to accept the Conservation Easement for the Anderson Farm Stream Mitigation Bank; and it is qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat. § 121 -35. BCSWD currently holds, monitors, and enforces perpetual conservation easements on several properties throughout Anderson Farm Stream Mitigation Bank 34 Mitigation Plan December 2012 Buncombe County, including several in the Newfound Creek watershed where the Subject Property for this project is located. Following the final year of biological monitoring, BCSWD will begin conducted annual reviews of the property to ensure that all aspects of the conservation easement are enforced. The Bank Sponsor and Southern Appalachian Highlands Conservancy (SAHC) (the landowner of the bank site) will be responsible for the long -term management and stewardship of the bank, as well as the surrounding 78 acres of the Anderson Farm tract. SAHC is a nationally accredited land trust with over 30 years of conservation easement and fee -land management experience in western North Carolina. In order to carry out the long -term stewardship responsibilities (e.g. fence repairs, bridge repairs, etc.) at the site, the Bank Sponsor will establish a long -term stewardship account. This account will be funded incrementally based on the sale of available credits. As credits are released and sold, two (2) percent of the proceeds will be deposited into this account. As discussed in Part I, Section C, the remaining 78 acres of the Anderson Farm tract will serve as an educational, demonstration farm that will be managed by SAHC staff. A diversity of educational programs based on agriculture and conservation practices is currently planned for the site, including specialty fruit and vegetable production and low impact grazing techniques. SAHC has completed a Conservation Plan and a Grazing Plan with USDA NRCS for the Anderson Farm tract. These plans guide agricultural practices on the property to ensure that the natural resources are preserved and that Best Management Practices for water quality are implemented. This section of the property will also be held under a separate conservation easement to ensure that the property is not developed and remains a working farm in perpetuity. Based on the stated goals for the future uses of the property, the potential for easement violations is substantially less than a high density subdivision and no additional long -term stewardship measures will be necessary to maintain the biological integrity of the site. VII. CONCLUSION The proposed restoration and enhancement activities will provide tangible benefits to both water quality and habitat within a watershed that has been degraded by several decades of livestock and silvicultural management. These benefits will be realized through the stabilization of the streambank and restoration of the riparian corridors within the watershed. Long -term stewardship of the land will be provided by a joint Anderson Farm Stream Mitigation Bank 35 Mitigation Plan December 2012 partnership between BCSWD (bank site) and SAHC (remaining acreage), both of whom have a proven track record of protecting and managing projects throughout Western North Carolina. Anderson Farm Stream Mitigation Bank 36 Mitigation Plan December 2012 VIII. SOURCES OF INFORMATION Fischenich, C. 2001. Stability Thresholds for Stream Restoration Materials. United States Army Corps of Engineers. USAE Research and Development Center, Environmental Laboratory. Vicksburg, MS. Griffith, et al., 2002. Ecoregions of North Carolina. U.S. Environmental Protection Agency, Corvallis, OR. Harman, W.A., Wise, D.E., Walker, M.A., Morris, R., Cantrell, M.A., Clemmons, M., Jennings, G.D., Clinton, D., Patterson, J. 2000. Bankfull Regional Curves for North Carolina Mountain Streams. Proc. AWRA Conf. Water Resources in Extreme Environments Conference. Anchorage, AK. North Carolina Division of Water Quality. 2010a. NC 2010 Integrated Report (Final 303(4) List). Raleigh, N.C. North Carolina Division of Water Quality. 2010b. Regulatory Guidance for the Calculation of Stream and Buffer Mitigation Credit for Buffer Widths Different From Standard Minimum Widths (Version 4.5). Raleigh, N.C. North Carolina Division of Water Quality. 2011. French Broad River Basinwide Water Quality Plan 2011. Raleigh, N.C. Schafale, M.P. and A.S. Weakely. 1990. Classification of the Natural Communities of North Carolina. Third Approximation. N.C. Natural Heritage Program, Raleigh, N.C. Zink, J. M., Jennings, G. D. and Alexander Price, G. 2012. Morphology Characteristics of Southern Appalachian Wilderness Streams. JAWRA Journal of the American Water Resources Association. doi: 10.1111/j.1752-1688.2012.00647.x Anderson Farm Stream Mitigation Bank 37 Mitigation Plan December 2012 FIGURES Anderson Farm Stream Mitigation Bank 38 Mitigation Plan December 2012 c r 1721 y Site Location 72t� rl16 1624 I � I �' � 21 c � 11B krpllnyr. 1624 Sa 2084 wk V � Qlrr >lf,rr °7rrtrl FjW , j ` 1839 1622 Ili 1 G23 rr4glla N {l ti ! •S� _ 1042 i old ofr8 ti5 S1rallold "q U a r "r H 5yy 16a'J I � t1I 4v.,51p, a h 1302 `a 1304 a 1 .97 z t4,� d 1843 109 1349 rr° 1847 ,� # r . • "� 1310 1848 1 °i • � l �' 135 3 135$ 1 Y 135p 1357 134a/ 13aA � 1141, 1 d-�r 1319 1318 {� 1341 1344 fo 1354 a 1332 f 7 319 Haul RT111 ti .__ : -•,.�' ,. Nu ,ti F(IlhaldAv 1334 f 1268 6 / �___.— - �- -'' -•"" LEGEND FWPo5ED M111oArioN BANK :m 1J*AvarvI*w td f 7� H h e Vi 11 /f/ u SOURCE: 125$ Yr PARCEL DATA BUNCOMBE CODNTy GIS 140) WORLD STREET MAP - ARCGIS Mars I li,;tlltl: [^EN-9 1NVCaIN0 —& HroROGCOLOOV VICINITY MAP 231 HA9W000 871111Y, 8IxlvVLLr, NU 25001 Y ¢L,SYB.Y 01.8850 ■A[.5Y 0.201.9951 vlw W.aiTA ra NT ■Rr /Oa.+X RXrw r -ear ANDERSON FARM MITIGATION BANK DRAWN BY: ANNA SAYLOR1 SCALE BUNCOMBE COUNTY, NORTH CAROLINA L PROJECT MANAGER: JOEL ENM MiILE9 CLIENT' AFP, LLC DATE; 7rar2o 0 0.25 9/a/2011 �,_ - � �r� � � ✓-ter -�� � } iti> _ I � r ���,� � �� ■ i ''� JI TN � � r i, , � ■ j L to LEGEND PROPOSED MITIGATION BANK SOURCE: PARCEL DATA - BUNCOMBE COUNTY GI US GS TOPOGRAPHIC MAP - LEICESTER QUADRANGLE, REVISED 1990 v 4 r �- F r { 1 ZY4 ,.� 14 ff 1 i;��� • 1J�`y ill � �� E NG1N E ERING & H Y -]F 0 G E 0 L0G V �31 H.e••r:[! - 5 .LF A. —F- IF VC p88C�1 r[[.828 281 3350 r c.82B 281.3351 W W W.ALTAN*NTCN V IR*NNZNTw L -00N DRAWN By ANNA SAYLOR PROJECT MANAGER: JOEL LENK CLIENT: AFF, LLC DATE: 8/15/2012 SCALE FEET 0 250 500 1,000 USGS TOPOGRAPHIC MAP ANDERSON FARM MITIGATION BANK BUNCOMBE COUNTY, NORTH CAROLINA FIGURE 2 +I N r- 0 4' 1 k f i kqf t� LEGEND ONSITE HYDROLOGY PROPOSED MITIGATION BANK SOURCE: PARCEL DATA AND 2010 AERIAL PHOTOGRAPHY - BUNCOMBE COUNTY GIS - HYDROLOGY - NC ONEMAP * FIGURE E NGcNE9. RINC. $ H Y- R0GE0L0rV 2010 AERIAL PHOTOGRAPHY a31 H.e•v: cilu 5 .Ll A -F- F Nc P88el r[[.828 281 33 FO r -.828 281.3351 WWW.ALTAN*NTCNVIRQNNZNTAL•C0N 7 ANDERSON FARM MITIGATION BANK J BUNCOMBE COUNTY, NORTH CAROLINA DRAWN By ANNA SAYLOR SCALE PROJECT MANAGER: JOEL LENK CLIENT: AFF, LLC FEET DATE: 8/15/2012 0 100 200 400 N r ice• r �a H rf • LEGEND ONSITE HYDROLOGY SOIL SURVEY DATA PROPOSED MITIGATION BANK f SOURCE: PARCEL DATA AND 2010 AERIAL PHOTOGRAPHY - BUNCOMBE COUNTY GIS SOIL SURVEY DATA - NRCS HYDROLOGY - NC ONEMAP t ! ' ! FIGURE E NG•NEE.irNG H V7R0GEOLOGv NRCS SOIL SURVEY MAP F rr. 826 28' 3350 -..r. 828 2,3t 335k W W W.A- m n r E m rweN N e nrn L.c OM ANDERSON FARM MITIGATION BANK BUNCOMBE COUNTY, NORTH CAROLINA DRAWN By ANNA SAYLOR SCALE PROJECT MANAGER: JOEL LENK CLIENT: AFF, LLC FEET DATE: 8/15/2012 0 100 200 400 IN\i;OU w 10 Waynesville tti CreeK mac' Sco °' Iva 9e Webs e'Q�re 0 10203 JACKS COUNTY LEGEND SITE LOCATION MAJOR HYDROLOGY PROPOSED GEOGRAPHIC SERVICE AREA NC 8 -DIGIT HUC RIVER BASINS ONORTH CAROLINA COUNTY BOUNDARIES S NTY 41,9 v �a &X9 9 Laurel Creek DISON COUNTY lLA , \�y Site Location E IBiltre OUNTYS rest 01v t E NG1N E ERINC. & H Y -]F O G E O LO r �31 H. —V. -- 5 .. L F Ati =t -. I I F NC peae: r[[.828 281 3350 r c.82B 281.3351 W W W.ALTAN*NTCN V 1RQNNZNTw L -00N DRAWN By ANNA SAYLOR SCALE PROJECT MANAGER: JOEL LENK CLIENT: AFF, LLC MILES DATE: 8/15/2012 0 2.5 5 10 N G ~ � e Riv MI HELL COUNT )rsville U 06010111#11 Burnsville Spru i YA COUNTY �Stron9 Creed �r �o 03050101 MCDOWELL C TY Mont at Old Fort, et fetcher e� to RAJ M e NDERSO COLIN Henders nville Laurel Par at Roc green R�- !� C2 . n ck Vill ge 'T3� RFORD COUNTY Lake ego 030501 POLK COUNTY a Columbus orth;ti R/ver SOURCE: MAJOR HYDROLOGY, COUNTY BOUNDARIES - NC ONE MAP 8 -DIGIT HUC RIVER BASINS - USACE FIGURE PROPOSED GEOGRAPHIC SERVICE AREA ANDERSON FARM MITIGATION BANK 6 BUNCOMBE COUNTY, NORTH CAROLINA APPENDIX A - SITE PHOTOGRAPHS Anderson Farm Stream Mitigation Bank 39 Mitigation Plan December 2012 1) View of existing site topography along western branch .10K 2) View of existing invasive vegetation within riparian area Anderson Farm Stream Mitigation Bank Mitigation Plan October 2012 3) View of existing hardwoods within riparian area _ :sYiy.17 t ' Y, 4) View of cattle watering infrastructure near the confluence of the two streams Anderson Farm Stream Mitigation Bank Mitigation Plan October 2012 5) View of existing cattle crossing on the eastern branch 6) View of existing impoundment in the western branch Anderson Farm Stream Mitigation Bank Mitigation Plan October 2012 APPENDIX B - USACE STREAM DATA FORMS Anderson Farm Stream Mitigation Bank 40 Mitigation Plan December 2012 NC DWQ Stream Identification Form Version 4.1 Date: 2� Project(Site: � y� Latitude: Evaluator: C County: OV% (_O{µ\N Longitude: Total Points: Stream is at least intermittent , S termination (circle one) Ephemera termittent Perennial Other U e.g. Quad Name: `"a ��� if? 19 or perennial if? 34" 2. Sinuosity of channel along thalweg Q t CA� A. Geomorphology (Subtotal �) Absent We Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3 In- channel structure: ex. riffle -pool, step -pool, ripple-pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active /relict floodpiain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0 1 1.5 10. Natural valley 0 0.5 777 1.5 11. Second or greater order channel No = 0 Yes = 3 a artificial ditches are not rated; see discus i .n manual B. Hydrology (Subtotal =) 12. Presence of Base #low 3 1 2 3 13. Iron oxidizing bacteria 0 1 2 0 14. Leaf litter 5 1 05 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? N)_= Yes = 3 C. Blalo (Subtotal = ) 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22 Fish 0 0.5 1 1.5 23. Crayfish 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 *perennial streams may also be identified using other methods See p. 35 of manual. Notes: e ev t! Np Gt 2G r•+ Cho f h Sketch: �+�t�r►. CjeG T +�1� ��,,.ac�� C'�('e Y� ,. G ~ll C� q w- �- rzeA l LA- $�'r_4� ^-' 3� b chow Z �5 NC DWQ Stream Identification Form Version 4.11 Date: ProjectlSite: �F Latitude: �- Strong 3 2. Sinuosity of channel along thalweg Evaluator: 1. t Count Longitude: 3 3. In- channel structure: ex. riffle -pool, step -pool, ripple-pool sequence 0 StrewPoints-, lea Stream is at least intermittent � `� Stream Determination (circle one) Other t if? 19 or perennial if? 30` f°' Ephemeral Intermittent Perennial e.g. Quad !~lame:, pe C.R OPE25 tNfr A. Ueomorphology (Subtotal _ _ } 1' Continuity of channel bed and bank Absent 0 Weak 1 Moderate 2 Strong 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In- channel structure: ex. riffle -pool, step -pool, ripple-pool sequence 0 1 �,. - -_., (� 3 4. Particle size of stream substrate 0 1� ;' 2'_ j 3 5. Active /relict floodplain 0 1 2 3 6. Depositional bars or benches D 1. 2 3 7 Recent alluvial deposits 1 2 3 B. eadcuts 0 1 - -- .2 3 9. Grade control 0 0:5 ' 1., 1.5 10. Natural valley 0 0.5 t. _1- - " 1.5 11. Second or greater order channel No= 0 ' Yes = 3 41111l1.IQi LI III "eS are FICA JaMU, twe UISGUSSfons In manuw B. Hydrology Subtotal = '` 12. Presence of Baseflow 0 1 �� 2 � 3 13. Iron oxidizing bacteria 0 =: 2 3 F14 Leaf litter 1.5 1 0.5 0 5. Sediment on plants or debris p 2 16. Organic debris lines or piles 0 _p_5 1 1 5 17. Sail -based evidence of high water table? No = 0 '� : ) Yes = 3 C. Biology {Subtotal 18. Fibrous roots in streafnbed 3 :. 2, 1 0 19. Rooted upland plants in streambed 2 1 0 20. Macrobenthos (note diversity and abundance) D 70 2 3 21. Aquatic Mollusks O.i 1 2 3 22. Fish (i_✓ 0.5 1 1.5 23. Crayfish J_, 0.5 1 1.5 24. Amphibians Q 0.5 1 1 5 25. Algae 0. 1 0.5 1 1.5 26. Wetland piants in streambed FACW = 0.75; OBL = 1.5 Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: �Jf7 r\ V7 j �, G;f• a e l NC DWQ Stream Identification Form Version 4.11 Date: Project/Site: Latitude: ------- Ila I Evaluator: _ County: \ Longitude: vi C.Od Total Points: O T2- Stream is at least intermittent Stream Determination (cir Other if? 1g or perenniaj if >_ 30% Ephemeral Intermittent erenni e.g. Quad Name: A. Geomorphology (Subtotal =�' Weak Abs 1' Continuity of channel bed and bank 0 2. Sinuosity of channel along thalweg 0 3. In- channel structure: ex. rifle -pool, step -paol, ripple-pool sequence 0 4. Particie size of stream substrate 0 5. Active /relict floodplain 0 6. [depositional bars or benches 0 7_ Recent alluvial deposits 8. Headcuts 0 9 Grade control 0 10. Natural valley 0 11. Second or greater order channel a artificial ditches are not rated; see discussions in manual B_ Hydrology (Subtotal = 12. Presence of Baseflow 0 13. Iron oxidizing bacteria 0 14. Leaf litter 1.5 15. Sediment on plants or debris 0 16. Organic debris lines or piles 0 17. Soil -based evidence of high water table? C. Blola (Subtotal = I } 18. Fibrous roots in streambed 3 19. Routed upland plants in streambed 3 1 1 0,5 0.5 No =0 2 2 20. Macrobenthos (note diversity and abundance) 1 21. Aquatic Mollusks 0 1 22. Fish 0 0 5 23. Crayfish 0, 0 5 24. Amphibians 0 5 25. Algae 0 5 26. Wetland plants in streambed FACW = 0.75; OBL = 1 `perennial streams may also be identified using other methods. See P. 35 of manual. Notes: 1 Sketch: yea �e��t� ?e -� c�r G EJ 0 G t° n T 0 a 3 3 1.5 1.5 1.5 1.5 Weak Moderate St 1 2 1 22 3 3 3 3 &No=OfiYeS=3 3 3 1.5 1 1 0,5 0.5 No =0 2 2 20. Macrobenthos (note diversity and abundance) 1 21. Aquatic Mollusks 0 1 22. Fish 0 0 5 23. Crayfish 0, 0 5 24. Amphibians 0 5 25. Algae 0 5 26. Wetland plants in streambed FACW = 0.75; OBL = 1 `perennial streams may also be identified using other methods. See P. 35 of manual. Notes: 1 Sketch: yea �e��t� ?e -� c�r G EJ 0 G t° n T 0 a 3 3 1.5 1.5 1.5 1.5 NC DWQ Stream [identification Form Version 4.11 Date: '2- Project/Site: Evaluator: Count�� Total Points: I S S Stream is at least intermittent t E if? 19 or perennial if? 30* p Latitude: f �_ Longitude: in (circle one) Other U T ent Perennial e.g. Quad Name: A. Geomorphology (Subtotal= .,) Weak Moderate Strong 1' Continuity of channel bed and bank 1 2 2. Sinuosity of channel along thalweg 7Absent 1 2 . 3 3. In- channel structure: ex. riffle -pool, step -pool, 3 ri le- ooI se uence 3 4. Particle size of stream substrate 0 5. Active /relict floodplain 0 3 6. Depositional bars or benches 0 3 7. Recent alluvial deposits 0 %No-=O 3 8. Headcuts 0 3 9. Grade control 3 1.5 10. natural valley 0 1.5 11 Second or greater order channel a Yes = 3 artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 12. Presence of Baseflow 0 1 2 13. Iran oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0. 3 0 15. Sediment on plants or debris 0 0.5 1.5 16. Organic debris #fines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 C. Biology (Subtotal = 1 18. Fibrous roots in streambed 1 0 19. Rooted upland plants in streambed 1 20. Macrobenthas {note diversity and abundance) 2 0 21. Aquatic Mollusks 2 3 22. Fish JW2 1 3 1.5 23. Crayfish 1 15 24. Amphibians 1 1 5 25. Algae 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = .perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: p6,('�(Y �? OcAk6's APPENDIX C - JURISDICTIONAL WETLANDS Anderson Farm Stream Mitigation Bank 41 Mitigation Plan December 2012 nn WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont /"1 Project/Site: d4 yo h �oA-s City /County: Z V V1 Lo V"4>C. Sampling Date: Applicant/Owner: So of v vl AP,2 j t aM AiqWW45 600!1 V V 0.NtGy State: N C Sampling Point: W A I - A �) Investigator(s): (f M AS Section, Township, Range: A lax 0.Vt 1 Z tl Landform (hillslope; terrace, etc.): r��oo d b� 0. I Y� Local relief,(concave, convex, none): 16 jQ t& r Slope (° /a): `� �b q • �L -4+q U Datum: NAt) g3 Subregion (LRR or MLRA): _(�0 Lat: S15. :FO5 b Long: Soil Map Unit Name: T&-(- NWI classification: Nflv%&.. Are climatic / hydrologic conditions on the site typical for this time of year? Yes ✓ No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances' present? Yes ✓ No (If needed, explain any answers in Remarks.) Are Vegetation , Soil , or Hydrology naturally problematic? SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes ✓ No Is the Sampled Area Hydric Soil Present? Yes y_ No within a Wetland? Wetland Hydrology Present? Yes __ / No Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is required• check all that apply) Surface Water (Al) — True Aquatic Plants (1314) — _ High Water Table (A2) Hydrogen Sulfide Odor (Cl) Oxidized Rhizospheres on Living Roots�C3 Saturation (A3) _ Water Marks (131) — Presence of Reduced Iron (C4) _ _ Sediment Deposits (132) — Recent Iron Reduction in Tilled Soils (C6) _ Drift Deposits (133) _ Thin Muck Surface (C7) — Algal Mat or Crust (134) _ Other (Explain in Remarks) _ Iron Deposits (135) _ Inundation Visible on Aerial Imagery (137) _ Water- Stained Leaves (139) _ Aquatic Fauna (1313) Field Observations: Surface Water Present? Yes No v/ Depth (inches): Yes ✓ No _ Surface Soil Cracks (136) _ Sparsely Vegetated Concave Surface (138) _ Drainage Patterns (6.l 0) _ Dry- Season Water Table (C2) _ Crayfish Burrows (C8) _ Saturation Visible on Aerial Imagery (C9) Stunted or Stressed Plants (D1) ✓ Geomorphic Position (132) _ Shallow Aquitard (D3) _ Microtopographic Relief (134) FAC- Neutral Test (D5) Water Table Present? Yes ✓ No Depth (mchesy Saturation Present? Yes No Depth (inches): Wetland Hydrology Present? Yes ✓ No Describe Recorded Data (stream gauge, monitoring well, aerial photos, Atl►Vt - -1004 14 h 04� V- w A vwl c.b tk- Spines Eastern Mountains and Piedmont- Interim Version US Army Corps of Engineers VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: ) % Cover Species? Status Number of Dominant Species 1. NA That Are OBL, FACW, or FAC: �_ (A) 2. 3. 4. 5. 6. 7. 8. =Total Cover Saplino /Shrub Stratum (Plot size: `(d % 100' ) I. wosli* -b ood- orvw� 1;6r1,«.0 40 Y Fell- W 2.. • ivt+ - 04uS%r uwt i�� 1yi GJwt 70 - 3. 4. 5. 6. 7. 8. 9._ 10. 40 = Total Cover Herb Stratum (Plot size 1.��ela raalithc 20 y_ oat_ Cal naAysf�YS Zv Y 08L 3. far�x 'ZO �/ FAC yo 4. 5. 6. 7. 8. 9. 10. 11. 12. 60 v = Total Cover Woody Vine Stratum (Plot size: ) 1. 1.0 C. pO 'ONt G(l 2. f5AGV 3. 4. 5. 6. 10 = Total Cover (Include photo numbers here or on a separate sheet.) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species u That Are OBL, FACW, or FAC: • l e (A/B) Prevalence Index worksheet: Total % Cover of: Multiply bv: OBL species _LIt _ x 1 = _ y0_ FACW species -9 ®_ x2 = _I S0_ FAC species _?P _ x 3 = FACU species q0 _ x4= UPL species _ x 5 = ! _ Column Totals: Z140 (A) ( (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: ✓ 1 - Rapid Test for Hydrophytic Vegetation _✓ 2 - Dominance Test is >50% _✓ 3 - Prevalence Index is :53.01 _ 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. ns 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 than 3 in. DBH and greater than 3.28 ft (1 m) tall. Herb -All herbaceous (non- woody) plants, regardless of size, and woody plants less than 3.28 ft tall. - Woody vine - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes ✓ No US Army Corps of Engineers Eastern Mountains and Piedmont - Interim Version SOIL Profile Description: (Describe to the depth needed to document the indicator or confirr Depth Matrix Redox Features (inches) Color moist % Color (moist) % Type Loc -1 Z 4.rn Vp _ q �1 5 Y2 g l is 3o rz &4 4 5 R u ;oo Hydric Soil Indicators: _ Histosol (Al) Histic Epipedon (A2) _ Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) 2 cm Muck (A10) (LRR N) ✓Depleted Below Dark Surface (A11) Thick Dark Surface (Al2) _ Sandy Mucky Mineral (S1) (LRR N, MLRA 147, 148) _ Sandy Gleyed Matrix (S4) _ Sandy Redox (S5) _ Stripped Matrix (S6) Restrictive Layer (if observed): Type: Depth (inches): Remarks: Masked Sand Grains. Sampling Point: absence of indicators.) Texture SI J s� ua{j _ Dark Surface (S7) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ Thin Dark Surface (S9) (MLRA 147, 148) _ Loamy Gleyed Matrix (F2) _ Depleted Matrix (F3) _ Redox Dark Surface (F6) Depleted Dark Surface (F7) _ Redox Depressions (F8) _ Iron - Manganese Masses (F12) (LRR N, MLRA 136) _ Umbric Surface (F13) (MLRA 136, 122) Piedmont Floodplain Soils (F19) (MLRA 148) Remarks >n: PL =Pore Lining, M= Matrix. Indicators for Problematic Hydric So _ 2 cm Muck (A10) (MLRA 147) _ Coast Prairie Redox (A16) (MLRA 147, 148) _ Piedmont Floodplain Soils (F19) (MLRA 136, 147) _✓ Red Parent Material (TF2) _ Very Shallow Dark Surface (TF12) _ Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes V/ No US Army Corps of Engineers Eastern Mountains and Piedmont — Interim Version APPENDIX D - STATE HISTORIC PRESERVATION OFFICE - SUMMARY LETTER Anderson Farm Stream Mitigation Bank 42 Mitigation Plan December 2012 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑❑EEI ELI❑ ❑ ❑ ❑HE ❑EEI❑FM ❑m❑EII❑ ❑III❑EII❑❑II11=❑III] EII❑ ❑m❑❑ 1111❑ ❑FM❑EII❑ELI IIIIFM❑❑ EII =❑FM❑EII❑❑❑FM 1111❑❑❑❑ ❑ ❑111❑❑❑ELIFM ❑FM EII❑ELIFM ❑❑ ❑ 1111❑❑❑❑ [][IF-M❑❑ ❑ []Ell[] ❑e ❑ CttmCtuEE] [I ❑F$uSEEI❑DEEI 1111❑ ❑❑ID❑❑❑ 111110 ❑=tEE]e ® ❑EEI❑❑EE] ❑i ❑❑d❑FM❑ID ❑ EEI❑❑❑❑❑ ❑e ❑ Ctt [I❑ =o= ❑❑utt = ❑e ❑tm 1116 ❑EEI EEI❑❑MriE] ❑❑ulti❑❑ MMuSi e It❑Sti ❑ ❑nYES ❑ID urt❑= ❑rmi❑S ❑EEI❑❑❑❑❑ ❑bra ❑❑ID ❑ ❑ ❑❑ An Archaeological Resources Survey of the Proposed Anderson Farm Stream Mitigation Bank, Buncombe County, North Carolina Management Summary In March of 2012 Blue Ridge Archaeological Consultants (BRAC) was contracted by AFFP, LLC of Asheville, North Carolina to undertake a Phase I archaeological survey of an approximately 28 -acre portion of a tract known as Anderson Farm located in the northwestern portion of Buncombe County. More specifically, the Anderson Farm Tract is located immediately south of Mag Sluder Road (SR 1625), west of the intersection of this road with Jenkins Valley Road (SR 1641) approximately 3.2 linear miles northeast of Leicester, North Carolina, and nearly 10 miles northwest of Asheville (Figure 1). The limits of the approximately 107 -acre Anderson Farm Tract are formed in part by Mag Sluder Road to the north and east, while Jenkins Valley Road forms a small portion of the eastern boundary and in other areas lies approximate to the tract's eastern boundary. The western limits of the tract follow the central spine of a south to southeast trending ridge line and the southern boundary of the tract includes a portion of this ridge and an adjacent ridge to the east. This southern boundary of the tract is located at distances ranging from approximately 550 feet (167 meters) to 945 feet (288 meters) north of Newfound Creek. Two unnamed tributaries of Newfound Creek, which originate near the northern end of the tract and which have their confluence near its center, continue as one stream through the south - central portion of the tract before joining with Newfound Creek. The latter creek has its confluence with the French Broad River at approximately 1.1 river miles east of its confluence with the unnamed tributary that forms the subject of the stream mitigation bank. Tract vegetation currently consists of pasture grass with mixed hardwoods and pines along most of the reaches of the project area creeks. Portions of the tract slope significantly from north to south along the direction of most ridge lines and ridge toes and even more dramatically from east to west within project area drainages and on these ridge side slopes, with changes in elevation ranging from 2136 feet along the northern tract boundary to 1944 feet AMSL in the southeast corner of the tract. Along the unnamed tributary of Newfound Creek and its pronged headwaters in the Anderson Farm Tract interior, project managers affiliated with AFFP, LLC propose to establish, design, construct, and operate a stream compensatory mitigation bank composed of approximately 3,814 linear feet of stream channel. Along this reach and at distances of approximately 150 feet (45 meters) to either side of the stream channel(s), managers propose to conduct stream stabilization efforts through the construction of a vegetated floodplain bench. This approximately 28 -acre riparian buffer will be planted in mixed hardwoods and will be protected by exclusionary fencing. Consultations with the North Carolina Department of Cultural Resources (North Carolina State Historic Preservation Office - -NC SHPO) indicate that no -2- Cd a� Cd o Cd o :~ cd cd U �+ U � O N � O �U � Z U Cd O 4" C �jp O 4 O � Cd Cd S.U., O r. dl Z O N N VUj O O cd S� U N � +� N 4, Z; O +; � N O � � N N � H N S� UA previously identified archaeological or historical sites have been documented within the limits of the Anderson Farm Tract. However, there are at least 19 archaeological sites documented on adjacent landforms located within one mile of the Anderson Farm project area. These previously identified archaeological resources are located for the most part along Jenkins Branch and Parker Branch — both tributaries of Newfound Creek. For this reason, representatives of the NC SHPO called for an intensive archaeological survey of the area of project effect (A.P.E.) within the Anderson Farm Tract —i.e. the 28 -acre riparian buffer of the proposed stream compensatory mitigation bank. The recent archaeological survey of the mitigation bank area on the Anderson Farm Tract for AFFP, LLC included surface reconnaissance combined with the excavation of 70 shovel tests (Figure 2). For the most part these tests were excavated on 20 -meter ( -66 -foot) intervals. However, in a few instances where landforms slanted significantly down to the very edges of the subject creek, shovel test intervals were widened to avoid such slopes. Shovel test depth ranged from approximately zero cm (with subsoil at ground surface) to 45 cm from surface to sterile subsoil. The average depth of these 70 tests measured approximately 12.2 cm. In each case, these shovel tests revealed only a single organic/ potentially artifact - bearing stratum above subsoil. Twenty -three of these 70 shovel tests (or -33 %) were excavated to the east and west of the main stem of the mitigation bank. The northwest tributary was subjected to 19 shovel tests ( -27% of the total) while another 14 tests ( -20 %) were excavated on either side of the northeast tributary. Within the interior portion of the confluence of these two streams another 14 shovel tests ( -20 %) were excavated. The excavation of these 70 shovel tests resulted in the identification of one previously undocumented archaeological site within the limits of the proposed stream mitigation bank (see Figures 1 -3). Given the permanent site number of 31BN974, this archaeological resource was identified within the central portion of the Anderson Farm Tract and within the interior portion of the confluence of the northwest and northeast tributaries of the mitigation bank area. On this mostly level landform, nine out of twelve shovel tests were positive for a total of eight prehistoric lithic artifacts and nine historic period ceramic, glass, iron, and brass artifacts. One other prehistoric lithic artifact was collected as a surface find, while pedestrian reconnaissance within this site area recorded another 13 historic period artifacts. The prehistoric lithic artifacts recovered from this site remain non - diagnostic of any particular period or phase of the prehistoric era. However, in the absence of any prehistoric pottery, these few lithic artifacts may point to a pre - ceramic Archaic period occupation or site use. Most of the historic artifacts collected from or otherwise recorded at site 31BN974 indicate an early to mid twentieth - century occupation. However, in a few instances some of these artifacts may have been manufactured as early as the late nineteenth - century, if not slightly earlier. While there are currently no intact above ground architectural remains associated with the former dwelling which these historic period artifacts indicate once stood in this portion of the Anderson Farm Tract, a number of large stones and two brick bats likely constitute structural elements of this former residence. Interestingly, what appears to represent a former lightening grounding rod was discovered in one of the cow paths in the same area as these stones and brick and -4- V igure2. A recent aerial pnotograpn of the Anderson r arm l ract illustrating the limits of the proposed mitigation bank and the locations of recent shovel test pits and archaeological site 31BN974. likely points to the southwest corner location of the former dwelling. Other artifacts recovered from a single shovel test located at approximately 60 meters to the northeast of the former house seat likely point to the location of one or more former outbuildings situated in the narrow cove adjacent to the northeast tributary (see Figure 3). Though photo- revised in 1990, the Leicester, North Carolina topographic quadrangle of the general project area dates from 1942, at which point a structure -5- 0 10 ` 20 30 40 �� 74 -- / KEY p�J- \ :. \` ��p. POSITIVE SHOVEL TEST \\ \\ _�� / ; %1 / O NEGATIVE SHOVEL TEST X SURFACE FIND \\ \ `0.. APPROX. ARCHAEO. SITE V LIMITS ♦ \\ \\\� / / 4 / ! /94 02 ^yip•• P so g70 •- 51 17 `\ �'`•. ` Lightening ♦, � \� 145 0,00 X :J� \ _ Rod ABN 3 974 IR V , +I .• \ `, okv . o is - 01 l J Q 34 _-,—_--- \ jo o33 ',, \ \ igure o. rian view arawing of arcnaeoiogicai size o itslvy t,+ inusiraung approximate size limns an the locations of recent shovel tests within the central portion of the Anderson Farm project area. -6- was illustrated in the same area as the brick, stone, and other historic period artifacts recovered near the central portion of site 31BN974. In summary, no previously identified archaeological sites were documented within the 107 -acre Anderson Farm Tract or within the 28 -acre proposed stream mitigation bank area located within this larger surrounding parcel. A single previously undocumented archaeological site (31BN974) was identified during the recent BRAC survey of the proposed mitigation bank area. The investigation of this site documented a low to moderate density prehistoric lithic scatter of indeterminate cultural/ temporal affiliation. This site also includes artifacts associated with an early to mid -twentieth century farmstead consisting of a former house seat and at least one former outbuilding. Site stratigraphy exhibited largely deflated contexts averaging 15.7 cm from surface to subsoil. Located solidly within the limits of the proposed stream mitigation bank area, restoration efforts will likely have an adverse effect upon this resource. However, as neither the prehistoric or historic components of this site include those qualities that would recommend site 31BN974 as a resource eligible for nomination to the National Register of Historic Places, we recommend no additional archaeological investigations within the limits of 31BN974 or the larger mitigation bank area. We therefore find no objection to the proposed undertaking. -7- North Carolina Department of Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Beverly Eaves Perdue, Governor Linda A. Carlisle, Secretary Jeffrey J. Crow, Deputy Secretary June 28, 2012 Scott Shumate Blue Ridge Archaeological Consultants 65 Appian Way Arden, NC 28704 Re: Anderson Farm Mitigation Bank, Buncombe County, ER 11-2273 Dear Mr. Shumate: Office of Archives and History Division of Historical Resources David Brook, Director Thank you for your letter of June 1, 2012, transmitting the archaeological survey report for the above project. The report meets our guidelines and those of the Secretary of the Interior. During the course of the survey, one archaeological site, 31BN974, was located within the project area. For purposes of compliance with Section 106 of the National Historic Preservation Act, we concur that 31BN974 is not eligible for listing in the National Register of Historic Places. This site does not retain sufficient subsurface integrity or artifact density to yield information important to history or prehistory. Blue Ridge Archaeological Consultants has recommended that no further archaeological investigation be conducted in connection with this project. We concur with this recommendation since the project will not involve significant archaeological resources. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579. In all future communication concerning this project, please cite the above -referenced tracking number. Sincerely, ,&p%rRamona M. Bartos cc: Allison Kiehl, AFFP, LLC Location: 109 East Jones Street Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 APPENDIX E - STREAM DESIGN/ENGINEERING CALCULATIONS Anderson Farm Stream Mitigation Bank 43 Mitigation Plan December 2012 ANDERSON FARM STREAM RESTORATION PLAN 180 MAG SLUDER ROAD BUNCOMBE COUNTY, NORTH CAROLINA DRAWING SET CONTENT SHEET SHEET TITLE SUBMITTAL FOR MBI REVISION DATE Cl COVER SHEET C2 DRAINAGE AREA MAP PO PLAN -PROFILE & CROSS SECTION SHEET INDEX PI PLAN AND PROFILE SHEET I P2 PLAN AND PROFILE SHEET 2 P3 PLAN AND PROFILE SHEET 3 P4 PLAN AND PROFILE SHEET 4 P5 PLAN AND PROFILE SHETT 5 P6 PLAN AND PROFILE SHEET 6 P7 PLAN AND PROFILE SHEET 7 X1 CROSS SECTION SHEET I X2 CROSS SECTION SHEET 2 D1 CONSTRUCTION DETAILS I D2 CONSTRUCTION DETAILS 2 D3 CONSTRUCTION DETAILS 3 D4 CONSTRUCTION DETAILS 4 DATA BLOCK PROPERTY OWNER: SOUTHERN APPALACHIAN HIGHLANDS CONSERVANCY 34 WALL ST. STE 502 ASHEVILLE, NC 28801 CONTACT PERSON: ALLISON KIEHL PROJECT NAME: ANDERSON FARMS STREAM RESTORATION AND MITIGATION BANK PLAN PROJECT LOCATION: 108 MAG SLUDER RD. LEICESTER, NC 28701 PIN #:9711-98-7999 ZONING DISTRICT: OU (OPEN USE) CONSERVATION AREA: YES CURRENT LAND USE: AGRICULTURAL PROPERTY SIZE:103.69 ACRES AVERAGE NATURAL SLOPE: 21.82% REACH UTIA LENGTH: 229 LF REACH UTIB LENGTH: 1217 LF REACH UT2 LENGTH: 1,033 LF REACH UT3 LENGTH: 976 LF TOTAL STREAM LENGTH: 3,455 LF TOTAL WETLAND AREA: 0.087 AC TREATMENT CATEGORIES 'A' - EXOTIC INVASIVE PLANT MATERIAL REMOVAL 'B' - GRADING TO THE BANK FULL BENCH C' - IN STREAM STRUCTURE PLACEMENT 'D' - STREAM ENHANCEMENT 'E' - GRADING TO DAYLIGHT BURIED STREAM STREAM REACHES AND AREAS WHERE TREATMENT(S)OCCUR UT -IA (STATION) 10+00 TO 12+29 A,B,C UT -IB (STATION) 12+29 TO 20+20 A,B,C 20+20 TO 21+70 A,D 21+70 T021+46 (END) A,B,C UT -2 (STATION) 0+00 TO 13+75 A,D 3+75 TO 17+40 A, B,C,E 17+40 TO 20+30 (END) A,B,C UT -3 (STATION) A,B 0+00 TO 19+76 (END) A,B VICINITY MAP I.. I Site Location 16.25 ins - 4a +)839 G22 I; t err.. rr, hid Lorce; �' I li 4L'm.eY Rd 1177 1359 07 TO ASHEVILLE 1104 dna 1 s03 130$ c aa° 107 1456 1:10 eM ('n+lyd iaBB NOT TO SCALE PRELIMINARY NOT FOR CONSTRUCTION IBEFORE YOU DIG CALL 1-800-632-4949 N.C. ONE CALL CENTER K wwheCebelow. gS hIE IAWI C.11 before you dig, �o Lur- a 0 LU ' N LL Q 126 zjz n w W LLj F Lu 0 a U Lu so U soJ DO Z E Z a0Y1 RIFFLE WIDTH 3.10' LOG VANE JOINT 8" MINIMUM DIA SEE NOTE I W LOG VANE W MAXIMUM POOL DEPTH 1.1' W �. 30 - SHALLOW POOL W LOG VANE BURIED DEPTH 0.43' BENEATH BANK L:]4914mm TZ"D I71w•lffili EDGE OF BANKFULL BENCH 0.41' ABOVE CHANNEL BOTTOM TOP OF BANKFULL BENCH 0.43' ABOVE CHANNEL BOTTOM 8" MEAN DIA RIVERSTONE SLOPE LOG VANE DOWNWARD TOWARD CENTER OF CHANNEL AT 7:1, BOTH SIDES tF FILTER FABRIC TACKED WITH 2" ROOFING NAILS TO LOG VANE BANKFULL BENCH W ELEVATION 0.43' ABOVE W CHANNEL BOTTOM AT W RIFFLE RIFFLE 13.34' HORIZONTAL LENGTH AT 9:1 SLOPE W POOL LENGTH 4.76' W POOL WIDTH 5.15' 0.5' MAX L DEEP POOL SLOPE 2':I' POOL LENGTH 4.76' GEOTEX NW -801 NONWOVEN GEOTEXTILE FABRIC OR APPROVED EQUAL PROFILE VIEW PLAN VIEW NOTES: I) USE I, 16" #4 BAR TO CONNECT LOG VANE. PRE -DRILL HOLE. 2 BURY LOG VANE 2' MIN. INTO BANK, COMPACT BACKFILL. 3 POOL AND RIFFLE LENGTHS AND WIDTHS ARE SPECIFIC TO REACH UT -IA. 4) SINGLE LONG CROSS VANS TO BE INSTALLED FOR REACHES UT -IB, UT -2 AND UT -3 SHALL BE CONSTRUCTED IN THE SAME MANNER AS INDICATED ON THIS DETAIL. REFER TO DETAIL D3 FOR EACH SPECIFIC POOL AND RIFFLE DIMENSION. V—NOTCH LOG VANE 8" DIA OR GREATER LOG VANE RIFFLE LONGITUDINAL LENGTH 13.42' AT 9':1' SLOPE NOT TO SCALE PRELIMINARY NOT FOR CONSTRUCTION BEFORE YOU DIG � CALL 1-800-632-4949 N.C. ONE CALL CENO? Knoww ds below. gShIEIAWI Lell before you dig, o Lu a o o co W N = a cr C/)Z00 LU z J 0 w Q o Q N a z: L) Lu o w 00 J 0 w J Q U� Y Z W U fV J J J J n W E — m O LL ao Z -) Q o BANK SIDESLOPE 2:1 MAX. BANKFULL BENCH WIDTH DEEP POOL SIDE SLOPE 2:1 BANK SIDESLOPE 2:1 MAX BANKFULL BENCH WIDTH THALWEG OF CHANNEL I i POOL WIDTH �BANKFULL _� MAXIMUM BENCH HEIGH �_i _ POOL DEPTH; -i i VIII I BANKFULL BENCH WIDTH '\-POOL SIDE SLOPE 3:1 i POOL I RIFFLEI WIDTH BANKFULL BENCH WIDTH - BNKFULLI BtNCH HEIGHT „ SII RIFFLE CHANNEL SIDESLOPE 2:1 TYPICALL RIFFLE AND POOL CROSS SECTION BANKFULL BENCH POOL LENGTH DEEP POOL SLOPE T POOL SLOPE RIFFLE LONGITUDINAL LENGTH RIFFLE SLOPE H =V 1 T BANKFULL BENCH HEIGHT SHALLOW POOL DEPTH MAXIMUM POOL DEPTH TYP I CALL RIFFLE AND POOL PROFILE FLOW PRELIMINARY NOT FOR CONSTRUCTION Typical Riffle and Pool Cross Section NOTES: I. MAXIMUM POOL DEPTH SHALL OCCUR ON THE OUTSIDE OF A CHANNEL BEND. 2. PROPOSED BANK SIDE SLOPES FOR UT -IB SHALL VARY WHERE EXISTING TERRAIN PERMITS. STATION 12+29 TO 18+60 SHALL BE 2:1. STATION 18+60 TO 12+20 AND 21+70 TO 24+46 SHALL BE 3:1. NOT TO SCALE Typical Riffle and Pool Profile UT -1b UT -2 UT -3 Bankfull Bench Height 0.57 0.50 0.71 Bankfull Bench Width 3.00 3.50 4.00 Riffle Width 5.51 1 5.76 5.78 Pool Width 8.27 8.63 8.67 Maximum Pool Depth 1.44 1.25 1.50 Channel Side Slope 2:1 2:1 2:1 Deep Pool Slope 2:1 2:1 2:1 Pool Slope 3:1 3:1 3:1 Bank Side Slope (H:V) Varies* 3:1 3:1 NOTES: I. MAXIMUM POOL DEPTH SHALL OCCUR ON THE OUTSIDE OF A CHANNEL BEND. 2. PROPOSED BANK SIDE SLOPES FOR UT -IB SHALL VARY WHERE EXISTING TERRAIN PERMITS. STATION 12+29 TO 18+60 SHALL BE 2:1. STATION 18+60 TO 12+20 AND 21+70 TO 24+46 SHALL BE 3:1. NOT TO SCALE Typical Riffle and Pool Profile NOTES: I. LONGITUDINAL LENGTH IS THE LENGTH OF THE FEATURE ALONG CHANNEL BOTTOM FOLLOWING THE CHANNEL SLOPE. 2. RIFFLE AND POOL LENGTH LOCATION VARIES, REFER TO PLAN SHEET FOR SPACING. 3. RIFFLE SHALL BEGIN AT THE END OF THE PRECEDING POOL ANC CONTINUE TO THE BEGINNING OF THE NEXT POOL DOWNSTREAM. 4. POOLS LOCATED IN STREAM BENDS SHALL START AND STOP AT THE POINT OF CURVATURE OF THE DESIGNED BEND. BEFORE YOU DIG � CALL 1-800-632-4949 NOT TO SCALE N.C. ONE CALL CENO? C.11bd Kee 6slow. eS hIE IAWI C.11 before you dig, (N LU a o o 00 W ()f Of N = a cr C/)Zjz J 0 w Q o Q N a Z L) LU o w 00 J Y z w U fV J J J J m0LLn �0- z -)<o DO Z a z 0Y UT -1b UT -2 UT -3 Pool Length varies varies varies Riffle Logitudinal Length varies varies varies Maximum Pool Depth 1.44 1.25 1.5 Deep Pool Slope (H:V) 2:1 2:1 2:1 Pool Slope 3:1 3:1 3:1 Riffle Slope <0.05 <0.06 <0.03 Bankfull Bench Height 0.57 0.5 0.71 NOTES: I. LONGITUDINAL LENGTH IS THE LENGTH OF THE FEATURE ALONG CHANNEL BOTTOM FOLLOWING THE CHANNEL SLOPE. 2. RIFFLE AND POOL LENGTH LOCATION VARIES, REFER TO PLAN SHEET FOR SPACING. 3. RIFFLE SHALL BEGIN AT THE END OF THE PRECEDING POOL ANC CONTINUE TO THE BEGINNING OF THE NEXT POOL DOWNSTREAM. 4. POOLS LOCATED IN STREAM BENDS SHALL START AND STOP AT THE POINT OF CURVATURE OF THE DESIGNED BEND. BEFORE YOU DIG � CALL 1-800-632-4949 NOT TO SCALE N.C. ONE CALL CENO? C.11bd Kee 6slow. eS hIE IAWI C.11 before you dig, (N LU a o o 00 W ()f Of N = a cr C/)Zjz J 0 w Q o Q N a Z L) LU o w 00 J Y z w U fV J J J J m0LLn �0- z -)<o DO Z a z 0Y PLAN AND PROFILE SHEET INDEX REACH UT -IA SHEETS: PI REACH UT -IB SHEETS: PI, P2, & P3 REACH UT -2 SHEETS: P4 & P5 REACH UT -3 SHEETS: P6 & P7 CROSS SECTION SHEET INDEX CROSS SECTIONS A, B & C SHEET: XI / CROSS SECTIONS D, E, & F SHEET: X2 � ♦ PROPERTY BOUNDARY N CROSS SECTION C CROSS SECTION E CROSS SECTION F UT -2, STA 11+16.52 UT -3, STA 12+39.22 UT -3, STA 16+82.63 ` SyFFT p4 REACH UT -2 I � S CROSS SECTION D ♦ UT -2, STA 16+08.94 Q II CROSS SECTION B UT -IB, STA 18+85.69 � v CROSS SECTION A /r ^ UT -IA, STA 12+09.69 SHEET P6 i vrlV� �r- REACH UT -3 A,/� � ! REACH UT -IB PROPER =R� � PRELIMINARY \REACH UT -IA I I NOT FOR CONSTRUCTION aBEFORE YOU DIG CALL 1-800-632-4949 NC ONECALL CBVTER Kenx wW3 below. 115 THE IAWI tall before you dig. SHEET P7 A BLOCK PROPERTY OWNER: SOUTHERN APPALACHIAN HIGHLANDS CONSERVANCY 34 WALL ST. STE 502 ASHEVILLE, NC 28801 CONTACT PERSON: ALLISON KIEHL PROJECT NAME: ANDERSON FARMS STREAM RESTORATION AND MITIGATION BANK PLAN PROJECT LOCATION: 108 MAG SLUDER RD. LEICESTER, INC 28701 PIN #:9711-98-7999 ZONING DISTRICT: OU (OPEN USE) CONSERVATION AREA: YES CURRENT LAND USE: AGRICULTURAL PROPERTY SIZE:103.69 ACRES AVERAGE NATURAL SLOPE: 21.82% REACH UTIA LENGTH: 229 LF REACH UTIB LENGTH: 1217 LF REACH UT2 LENGTH: 1,033 LF REACH UT3 LENGTH: 976 LF TOTAL STREAM LENGTH: 3,455 LF TOTAL WETLAND AREA: 0.087 AC F7 W Z W W U) Z a o O 0 U fjf Of N Q cr Lu c/) ILL � � N W O W (Dwo Q Lu Of Q U O W 0o 00 J Lu J LLO Of IL I Q IL N o > Lo N N �- 0 O o W O a M e Q O c� Z O N < w z (n LY J N w J L r N�- � a o � n x Z N — N ofo < w o m ;m3 w z x W 3 W Y Q Z J Z Lu Z NLu J Z w Y_ W LLJ o F U O r� m� Z E aZ oI'_'� OVE EXISTING LIVESTOCK CROSSING COMPU=TE k EXISTING TREE TO_ BE REMOVED (T/YP.) EXITING FENCE '`ol CONSERVATION EASEMENT BOUNDARY STA 12+29: A6�, END UT -IA DESIGN STREAM SECTION ;Q \7\\��, BEGIN UT -IB DESIGN STREAM SECTION PROPO,S€Q STREAM POOL. _SEE�DETAIL FOR DIMENSIONS (TYP) PRIORITY II RESTORATION - V/ �"" 2�I-5-CIN1TS OF GRADING 154`-"FROK--- _ DESIGN BENCH PROPOSED V-NaTCH _ LOG VA�(TYP�,1. -SEE DETAIL Dr\ STA 0+00�pl STREAM SECTION x\ Q�r4 `REMOV�EXISTING �� �\ �o LIMITSbF- N-X / - _ �P---_-_--- SPRING BOA AND �\ �>j �\ _ CULVERT COMPLETE. ��\ of�Q GRADING ' _ �x �� ei= EXISTING TREE TO PROPO IVESTOChF'FENC� 0'00' \` 20 htMAIN (TYiP.) LOOCCATED-2-OUTSIDE`\ ` STREAM BUFFER / CONSERVATION CONS��RVATION E EMENT CONSERVATION AREA EASEMENT BOUNDARY\ MULTI -USE ACCESS � RTRFAM rRnSvIN(; 1995 1990 1985 1980 1975 1970 _ PRIORITY II RESTORATION (TYP.) -- LIMIT,$'6F GRADING --EXISTING LIVESTOCK FENCE TO BE, REMOVED- _;Xd§ANG TREE TO BE _ \-- EXISTING TREE TO REMAIN (TYP.) /( PROPOSED STREAM POOL (TYP.) '_SEE DETAIL D2 FOR DIMENSIONS REMOVED (TYP.) -%? ---__ ___�O� �9�n- �� II /��------- _ `��_ �_ `X --- X 1 -ST4. 18+60 //_- END 2:1 BANK SIDE -SLOPES BEGIN- IBWNK SIDE SLOPE U C) �( �- -G _ ! lig Te 7♦ -elm / l "je�-`\ — -_-- — — i� =, j� 781 PROPOSED STREP -BOOL (TYP.) SEE DETAIL D2 FOR DIMENSIONSm� \--- 2Q, PR­O`POSED -VJ♦IOTCH LOG VANE SEE DETAIL DI ��� `� -' F=--4 JJO-- W l - - `MULTI -USE ACCESS �\ f� �� -STREAM-BUFFER / STREAM CROSSING _ o CONSERVATION-Af A_ PROPOSED LIVEStOCK FENCE �// / ' - u1 LOCATED 2' OUTSIDE J �'---------� CONSERVATION EASEMENT PROPOSED GEO-LIFT. PROPOSED CONSERVATION SEE DETAIL D4 EASEMENT BOUNDARY LAY EXISTING SLOPE BACK TO 2:1 MAX. GRADING LIMIT IS APPROXIMATE. UT -IB STA 14+50 TO 19+50 EXISTING BANKFULL INDICATOR STA 14+54.01 HEIGHT 0.80' ELV 1990.40 EXISTING BANKFULL INDICATOR STA 15+16.19 HEIGHT 0.75' CROSS SECTION "" STA 18+85 --_—_— ELV 1989.15 EXISTING BANKFULL INDICATOR PROPOSED THALWEi CENTERLINI 10' 5' 0 0 25' 50' J I H I0t0L.J4 HEIGHT 0.66' ELV 1983.15 -------------_---_------>L I LEGEND oos PROPOSED STREAM POOL (NTS) ° V- V- NOTCH LOG VANE (NTS) PROPOSED GEO-LIFT TO BANKFULL ELEVATION (NTS) STREAM BUFFER/CONSERVATI AREA, STREAM BUFFER CORRECTION FACTOR 18.5% PRIORITY II RESTORATION STREAM ENHANCEMENT LEVEL I BANKFULL BENCH EXISTING TREE GREATER 40 THAN 1.5' DIAMETER AT BREAST HEIGHT TO REMAIN EXISTING TREE TO BE REMOVED AND RE -USED FOR STREAM STRUCTURE AS DIRECTED BY THE ENGINEER. LIMITS OF GRADING ,-'EXISTING TOP OF BANK EXISTING LIVESTOCK may' FENCE, TO BE REMOVED PROPOSED CONSERVATION '00000i EASEMENT BOUNDARY Lij J LL O 0 Z Q z a J IL N '57-O E cy N LL LLJ z z J � N w w cD N Q U Lu coo J 0 1995 0 } � N II c) o _ o w 1990 m - w a° J a o U C) U _ Z ro O N < i/% 1985 w�; " a � pow w in in 1980 PRELIMINARY o N a NOT FOR Z = W 3 w Y 1975 CONSTRUCTION - M ~ aw _ N z N w �JJ� Lu J n Y W0-0 ILL _ BEFORE YOU DIG 1970 � CALL 1-800-632-4949 Q O } 00 N.C. ONE CALL CENO? Kn°ww dsbsl°w. Z � 7 w W IR hIE IAWI C.11 bd.. dig, Q O — F— STA14+50 STA15+00 STA15+50 STA16+00 STA16+50 STA17+00 STA17+50 STA18+00 STA18+50 STA19+00 STA19+50 1980 1975 1970 1965 1960 1955 EXISTING METAL DEBRIS, TRASH ETC. REACH HJT -2 SHALL BE REMOVED COMPLETE. i �• PROPOSED V -NOTCH LOG VANE SEE DETAIN DI �� i \ ; �`f �\ p4d4 EXISTING WOOD BRIDE TO _ _ _ _ _ �� } i ♦ \ ♦\ ���'o BE REMOVED COMPLETE. p� ; o�`\� 19+00` ro j EXISTING LIVEST6CK FENCE -- - _ TO BE -REMOVED COMPLETE --- REM2V-E- - \ �� �i i----- IM�OtJNI MENT ,__------- -/—X—`�` __-- o -�C�� �\ X ---_ p _ O �� N � — + Q.......... N A. 1N T ,� _ -��, .• .. _ __ - � � � 1�` �� nom12 - - S_TA 20+20 END UT -IB DESIGRF STREAM SECTION, ' X -- IJJOBEGIN STREAM ---�� -- j,/ -�\ ENHANCEMENT LEVELS ----__ -_ �� � �� .' ` // ��� ���, .�X-- _ �RO�-0SEQ STRAM POOL (TYP.) - - - -' � �' ��' � ` � � STA 24+46: � SEE DETAIL D -2 -F -OR DIMENSIONS.,'ice/ PRIORITY II REST,ORATION�� END Ul`-lB DESJGf BECTIQN _ i/ (TYP.) ------ EXISTING WETLAND AREA I. _ _ _ _ _ _ _ J� EXJSTING TkEE TO \`, LIMITS OF GRADING DO NOT DISTURB BE REMOVED (TYP.) -'-- EXISTING TREE TO REAMIN (TYP.) REACH UT -3 STREAM BUFFER STA 21+70 CONSERVATION AREA END STREAM ENHANCEMENT LEVEL I, BEGIN UT -IB DESIGN STREAM SECTION UT -IB STA 19+50 TO 24+46 EXISTING THALWEG CENTERLINE I EXISTING BANKFULL INDICATER STA 24+16.36 HEIGHT 0.63' lo. �,� ELV 1962.50 5' 0 0 25' STA19+50 50' STA20+00 STA20+50 STA21+00 STA21+50 STA22+00 STA22+50 STA23+00 STA23+50 STA24+00 LEGEND U -081. o PROPOSED STREAM POOL (NTS) V- V- NOTCH LOG VANE (NTS) PROPOSED GEO-LIFT TO BANKFULL ELEVATION (NTS) STREAM BUFFER/CONSERVATI AREA, STREAM BUFFER CORRECTION FACTOR 18.5% � PRIORITY II RESTORATION STREAM ENHANCEMENT LEVEL I } BANKFULL BENCH EXISTING TREE GREATER c) O _ o THAN 1.5' DIAMETER AT 1975 BREAST HEIGHT TO REMAIN _ w a� EXISTING TREE TO BE REMOVED AND RE -USED FOR STREAM C) U _ Z ro O N < STRUCTURE AS DIRECTED BY 1970 THE ENGINEER. — aD t In LIMITS OF GRADING .-'EXISTING TOP OF BANK EXISTING LIVESTOCK FENCE, TO BE REMOVED PROPOSED CONSERVATION EASEMENT BOUNDARY C) z Q z a J IL 9� O 00 < N LL LLJ z z J � C/) w wcDN Q U Lu 00 J 0 1980 0 } to N II c) O _ o w 1975 _ w a� J a o U C) U _ Z ro O N < in 1970 — aD t In a � pow w in in 1965 PRELIMINARY o N a NOT FOR Z= W 3 W Y 1960 CONSTRUCTION - M ~ aw�N z N � _J w Y W0- � O0 co BEFORE YOU DIG 1955 � CALL 1-800-632-4949 Q } 00 N.C.ONECAILCENO? KnOww ds be';: Z 7 w W IR hIE IAWI Lell bd.. dig, Q O — F- STA 13+75 - - - - PROPOSED CONSERVATION END STREAM ENHANCEMENT ao� EASEMENT BOUNDARY LEVEL I, BEGIN DESIGN -CHANNEL 154' FROM DESIGN SECTION -UT -2 EXISTING TREE TO REMAIN (TYP.) BENCH (TYP.)------------ - '- STA 0+00 BEGIN STREAM ENHANCEMENT LEVE -L -I-- --- -EXISTING WETLAND AREA 3 `------ _ �_NO C'S _ _ -�o� I DO T DfiSTUF2B �� o �- _ - - - - IE_C-I sTtN[G WETLAND AREA 2. _ DO -NOT DISTURB o _ _ -PROPOSED STREAM POOL - --------- (TYP.) SEE DET -ATL D2 FOR o o DIMENSIONS UM'IFS-OF GRADING CD -++_--�1 X-� -- 7-,--- TB -ire x x—� —, 2 _ -,a _ --qG ' PROPOSED V NOTCH LOG VANE"" -� EXISTING WOOD - BRIDGEfi@ BE, ���,� j _'�----------- --'�fE DET_A_IL DI REMOVED COMPLETE \\ _EX1Si -j- REE TO BE REMOVED (TYP.) --� Z�---------- �`��--- PRIORITY II RESTORATION + --- FROP-0SED LIVESTOCK FENCE STREAM BUFFE��`, EXISTING LIVESTOCK LOCATED 2' OUTSIDE CONSERVATI_O_N AREA ciit; FENCE IO B_E REMOVED- - - - - - - - - - - - CONSERVATION EASEMENT n-, ____----- MULTI -USE ACCESS STREAM --------- CROSSING 2010 2005 •N, 2000 1995 10' 1990 5' Reil 'i UT -2 STA 10+00 TO 15+25 CROSS SECTION 'C' STA 11+16.52 EXISTING BANKFULL INDICATORS STA 11+60.17 HEIGHT 0.40' EXISTING BANKFULL INDICATORS ,\ I ELV 1998.98 STA 12+49.92 HEIGHT 0.65' ��------�--- __ __ ELV 1996.54 0 0 25' 50' 1980 STA10+00 STA10+50 STAII+00 STAII+50 GRADE TO DAYLIGHT STREAM. BEGIN AT STA 13+75 (APPROX) TO STA 18+80 (APPROX) EXISTING THALWEG CENTERLINE PROPOSED THALWEG CENTERLINE 20� LEGEND s PROPOSED STREAM POOL (NTS) - - - - V- V- NOTCH LOG VANE (NTS) PROPOSED GEO-LIFT TO ZZ 1flz?- BANKFULL ELEVATION (NTS) STREAM BUFFER/CONSERVATIO AREA, STREAM BUFFER CORRECTION FACTOR 18.5% PRIORITY II RESTORATION -- STREAM ENHANCEMENT - - ` LEVEL I `` BANKFULL BENCH EXISTING TREE GREATER THAN 1.5' DIAMETER AT BREAST HEIGHT TO REMAIN EXISTING TREE TO BE REMOVED AND RE -USED FOR STREAM STRUCTURE AS DIRECTED BY THE ENGINEER. LIMITS OF GRADING EXISTING TOP OF BANK EXISTING LIVESTOCK FENCE, TO BE REMOVED PROPOSED CONSERVATION EASEMENT BOUNDARY M I— w Lij () J Eco < N LL W W U O ZZ 0JOf N chcn w w N Q Q v z Lu 00 J Q z a IL STA12+00 STA12+50 STA13+00 STA13+50 STA14+00 STA14+50 STA15+00 o_ 1 " 2005 } II o_ o w - w a� J U 2000 Z�� N < NO cl J N w _ ro r >- > V c n " 1995 a � pow w in ••,,, PRELIMINARY c)M e Z N m F 1990 o N a NOT FOR ;m3 3 CONSTRUCTION z = W — —� wY JZ z N 0 J JN 1985 w r W EL; BEFORE YOU DIG � CALL 1-800-632-4949 F-)Qo } Z N.C. ONE CENlEP 3 Z w - 1980 C.11 bd..' ou dig, IR hIE IAWI Q O w STA12+00 STA12+50 STA13+00 STA13+50 STA14+00 STA14+50 STA15+00 1985 1980 1975 1970 1965 1960 STA 20+33 REACH UT -3 zola, END DESIGN CHANNEL SECTION UT -2 i F-loPROPOSED V -NOTCH LOG VASE. \�s,3XISTING WOOD BRIDGE TO BE / w ,+ DETAIL DI \ \ 7��- REMOVED COMPLETE _ cel— 00 -000 3000 cl O O' +i' J f' k X O -- ---��_-- b _-------EO _-= _ to--- - aX / + oo --Atm EXISTING LIVE -STOCK FENCE TO BE REMOVED 6-t - _ _ _ _ 3ROPOSED STREAM POOL (TYP. ) SEE DETAIL D2 FOR DIMENSION LIMITS OF GRADING PRIORITY II RESTORATION EXISTING TREE TO BE REMOVED (TYP.) MULTI -USE ACCESS STREAM CROSSING PROPOSED LIVESTOCK FENCE LOCATED 2' OUTSIDE CONSERVATION EASEMENT UT -2 STA 15+25 TO 20+33 STREAM BUF�ER / CONSERVATION AREA,'�I�� ' i� REACH U -I Y \ �- / i END OF GRADING TO DAYLIGHT STREAM STA 18+80 (APPROX) EXISTING THALWEG 4-46%---, CENTERLINE _ CROSS SECTION 'D' 6'/i �• WE STA 16+08.94 PROPOSED THALWEG -J CENTERLINE 5' 0 0 25' 50' STA15+50 STA16+00 STA16+50 STA17+00 STA17+50 STA18+00 STA18+50 STA19+00 STA19+50 STA20+00 LEGEND 0 PROPOSED STREAM POOL (NTS) V- V- NOTCH LOG VANE (NTS) PROPOSED GEO-LIFT TO BANKFULL ELEVATION (NTS) STREAM BUFFER/CONSERVATI AREA, STREAM BUFFER CORRECTION FACTOR 18.5% PRIORITY II RESTORATION STREAM ENHANCEMENT LEVEL I BANKFULL BENCH EXISTING TREE GREATER THAN 1.5' DIAMETER AT BREAST HEIGHT TO REMAIN EXISTING TREE TO BE REMOVED AND RE -USED FOR STREAM STRUCTURE AS DIRECTED BY THE ENGINEER. LIMITS OF GRADING 1985 m 1975 1970 1965 •e/ PRELIMINARY NOT FOR CONSTRUCTION BEFORE YOU DIG � CALL 1-800-632-4949 N.C. ONE CALL CENO? Knoww ds below. IR hlE IAWI Lell before you dig, ui J LL0 0 Z Q z Q IL Ql) o 00 < N LL w z z 0J 0 � N w w N Q U Lu 000 J 0 EXISTING TOP OF BANK } to N II c o EXISTING LIVESTOCK o FENCE, TO BE REMOVED oa — PROPOSED CONSERVATION W N M S EASEMENT BOUNDARY 1985 m 1975 1970 1965 •e/ PRELIMINARY NOT FOR CONSTRUCTION BEFORE YOU DIG � CALL 1-800-632-4949 N.C. ONE CALL CENO? Knoww ds below. IR hlE IAWI Lell before you dig, ui J LL0 0 Z Q z Q IL Ql) o 00 < N LL w z z 0J 0 � N w w N Q U Lu 000 J 0 0 } to N II c o — o w oa — J W N M S u O U — Z ro O N < in J N w — CO t } > w V c In N = x Q rc N�- � pow in c) M e N ct o om< w ;m3 w� ; Z = W 3 w Z ~ N Z N of J J n w Lu W EL — Y 0 ILL Q O D m� zE� Z a olllF 1970 1965 1960 1955 1950 1945 1940 o _ PROPOSED GEO-LIFT (TYP.) ` SEE DETAIL D4 -----� 'ROPOSEDfrTEAM POOL (TYP.) ��-\`-- SEE DETAIL b2 -FOR DIMENSIONS 2-A---- _EXISTING TREE/TO REMAIN Rer^\ EXISTING TREE T -O BE REMOVED, � h tQ Lro �� / �' o00 0 00 _ o /— _ytw—_--��_--_ `C �• —�—� o X _' '•''o o` i= %��� /�T9- -F�J�`Y� `__��./---- 4��— X11 Z'N goo°o° _ _ \�—__—_ LIMITS \OF G,R-ADM--- --_ _ --- � 154' FROM DESIGN NN PRIORITY IV RESTORATIOt ,_--r� 0,, -BANK -F J�Q �� y \ 0c~n EXISTING LIVESTOCK FENCE TO BE REM /€D_\ --l/, STA 0+00 1 v CONSERVATION EASEMENT BOUNDARY------- BEGIN OUNDARY----_-BEGIN DESIGN CHANNEL SECTION UT -3 STREAM BUFFER / PROPOSED LIVESTOCK FENCE END UT -IB CONSERVATION AREA LOCATED 2' OUTSIDE END UT -2 CONSERVATION EASEMENT EXISTING BANKFULL INDICATORS STA 12+01.66 HEIGHT 0.96' ELV 1957.80 EXISTING BANKFULL INDICTER STA 11+40.84 HEIGHT 0.76' -----_ ELV 1958.81 5' 0 0 25' 50' STA10+00 STA10+50 STAII+00 STAII+50 UT -3 STA 10+00 TO 15+00 CROSS SECTION 'E' STA 12+39.22 i EXISTING BANKFULL INDICATORS STA 13+94.51 HEIGHT 0.89' --i— ELV 1953.52 ------------- EXISTING THALWEG CENTERLINE STA12+00 STA12+50 STA13+00 STA13+50 STA14+00 STA14+50 STA15+00 LEGEND 01-111 PROPOSED STREAM POOL (NTS) V- V- NOTCH LOG VANE (NTS) PROPOSED GEO-LIFT TO BANKFULL ELEVATION (NTS) STREAM BUFFER/CONSERVATIO F1 AREA, STREAM BUFFER CORRECTION FACTOR 18.5% PRIORITY II RESTORATION STREAM ENHANCEMENT LEVEL I BANKFULL BENCH EXISTING TREE GREATER THAN 1.5' DIAMETER AT BREAST HEIGHT TO REMAIN EXISTING TREE TO BE REMOVED AND RE -USED FOR STREAM STRUCTURE AS DIRECTED BY THE ENGINEER. LIMITS OF GRADING EXISTING TOP OF BANK EXISTING LIVESTOCK FENCE, TO BE REMOVED PROPOSED CONSERVATION EASEMENT BOUNDARY 1965 m 1955 PRELIMINARY 1950 NOT FOR CONSTRUCTION 1945 BEFORE YOU DIG � CALL 1-800-632-4949 Knoww ds below. Lell before you dig, N.C. ONE CALL CENO? IR hlE IAWI ire I— ui ui2 U) o — of cc)� N L LL Lu Z p z Of 0NJOf EL ch F__ LL1 CD N Q Q v z 0 Lu J Q z a J In 0 0 N o - o w oa — J W N M S u O U _ z ro O N < in } > 04 N N�- � pow w in c) M e F MI x Z N — O N d' O O m < w 3m3 w ; Z = W 3 w Z ~ N Z N of J J n w Lu W EL — Y 0 ILL Q O DOm� zE� aZ o'1' F 1965 1960 1955 1950 1945 1940 1935 STA 19+50 END DESIGN CHANNEL SECTION UT -3 PROPOSED STREAM POOL (TYP.) SEE DETAIL D2 FOR DIMENSIONS ------f-9G-a EXISTING TREE TO ,� `B REMOVED Ax 7 71 le -14`1 00 _��•.�+-=•-� _ --- � -yam\ � ;1'% o I� I �/� ra ole STREAM BUFFER / N 1p CONSERVATION AREA -- �wl\o-- PROPOSED GEO-LIFT (TYP.) _ _ _ _ SEE DETAIL D4 0/3 � -----Q ow EXISTING LIVESTOCK Z FENCE TO BE REMOVED o CIO LIMITS OF GRADING EXISTING FENCE ALONG PROPERTY LINE TO REMAIN a PRIORITY II RESTORATION o UT -3 STA 15+50 TO 19+50 (END) CROSS SECTION 'F' STA 16+82.63 EXISTING BANKFULL INDICATORS i STA 17+64.02 HEIGHT 0.70' ------------ i ELV 1948.89 --------�—_— _ _ EXISTING THALWEG lo'l-------------__ — —� CENTERLINE i 5' 0 0 25' 50' STA15+50 STA16+00 STA16+50 STA17+00 STA17+50 STA18+00 STA18+50 STA19+00 STA19+50 STA20+00 LEGEND ss� PROPOSED STREAM POOL (NTS) 00 V_ V- NOTCH LOG VANE (NTS) PROPOSED GEO-LIFT TO BANKFULL ELEVATION (NTS) F-1 STREAM BUFFER/CONSERVATIO AREA, STREAM BUFFER CORRECTION FACTOR 18.5% PRIORITY II RESTORATION STREAM ENHANCEMENT LEVEL I ,-EXISTING TOP OF BANK EXISTING LIVESTOCK FENCE, TO BE REMOVED PROPOSED CONSERVATION EASEMENT BOUNDARY .'ooej •el, 1955 1950 PRELIMINARY 1945 NOT FOR CONSTRUCTION L014f, BEFORE YOU DIG 5N.C. CALL1-800-632-4949935 ONE CALL CENO? Knoww ds below. IR hlE IAWI Ul before you dig, M Z Q z a J IL a o '57-O E co N LL LLJ z z J W N w o cD U) Q 2: U Lu a00 J 0 o_ } BANKFULL BENCH 0 O EXISTING TREE GREATER o THAN 1.5' DIAMETER AT BREAST HEIGHT TO REMAIN W N M EXISTING TREE TO BE REMOVED O U — z ro O N < AND RE -USED FOR STREAM } > w V c STRUCTURE AS DIRECTED BY THE ENGINEER. � Wow LIMITS OF GRADING ,-EXISTING TOP OF BANK EXISTING LIVESTOCK FENCE, TO BE REMOVED PROPOSED CONSERVATION EASEMENT BOUNDARY .'ooej •el, 1955 1950 PRELIMINARY 1945 NOT FOR CONSTRUCTION L014f, BEFORE YOU DIG 5N.C. CALL1-800-632-4949935 ONE CALL CENO? Knoww ds below. IR hlE IAWI Ul before you dig, M Z Q z a J IL a o '57-O E co N LL LLJ z z J W N w o cD U) Q 2: U Lu a00 J 0 o_ } to N II 0 O — o w W N M U O U — z ro O N < in } > w V c N N�- � Wow Z N — N ct W � m N ; Q Z = W ; w Z ~ Z N of JN n w Lu -i W EL — Y 0 ILL Q O DOm� zE� z aowF RIVER LEFT 2030 2020 CROSS SECTION A REACH UT -IA STA: I2+09.23 RIVER RIGHT 2030 2020 2010 N } N II 0 0 _ �o w ao — J o ag�z W N M Q U O v _ Z ro 0 N < (n o' w ao z 0 J N w — c w U c O = x ¢ rc w N i F MI x O N Of O O m < z = W ; Y 2010 Z LU U fV N m J J- Z Z J JT\ w W 0-- 0 1i ap F�Qo m m� ZEA Z 0 0- J 0 0-0 U 2000 2000 1+20 1+10 1+00 0+90 0+80 0+70 0+60 0+50 0+40 0+30 0+20 0+10 0+00 0+10 0+20 0+30 0+40 0+50 0+60 0+70 0+80 0+90 1+00 1+10 1+20 CROSS SECTION B REACH UT -IB RIVER LEFT STA: 18+85.69 RIVER RIGHT 2010 PROPO DE 2010 THAI 2000 2000 1990 1990 1980 1980 1+20 1+10 1+00 0+90 0+80 0+70 0+60 0+50 0+40 0+30 0+20 0+10 0+00 0+10 0+20 0+30 0+40 0+50 0+60 0+70 0+80 0+90 1+00 1+10 1+20 PRELIMINARY NOT FOR CROSSREACH LIT -2 C CONSTRUCTION RIVER LEFT STA: 11+16.52 RIVER RIGHT 2030 2030 2020 2020 2010 2010 2000 2000 1+20 1+10 1+00 0+90 0+80 0+70 0+60 0+50 0+40 0+30 0+20 0+10 0+00 0+10 0+20 0+30 0+40 0+50 0+60 0+70 0+80 0+90 1+00 1+10 1+20 BEFORE YOU DIG � CALL 1-800-632-4949 N.C. ONE CALL CENTER Know Wsbelow. I.— IAWI C.11 before you dig, N LLO o 0 a 0 co U) 10� Of N Z Q ry O z 0 z n w Of U Lu (.9 o Q W z L) (� aow �//�� 00 J V / �O I.J. U N } N II 0 0 _ �o w ao — J o ag�z W N M Q U O v _ Z ro 0 N < (n o' w ao z 0 J N w — c w U c O = x ¢ rc w N i F MI x O N Of O O m < z = W ; Y o n ~ Z LU U fV N m J J- Z Z J JT\ w W 0-- 0 1i ap F�Qo m m� ZEA Z 0 0- J 0 0-0 U RIVER LEFT 2020 2010 2000 1990 CROSS SECTION D REACH UT -2 STA: 16+08.94 RIVER RIGHT 2020 2010 2000 1990 1+30 1+20 1+10 1+00 0+90 0+80 0+70 0+60 0+50 0+40 0+30 0+20 0+10 0+00 0+10 0+20 0+30 0+40 0+50 0+60 0+70 0+80 0+90 1+00 1+10 CROSS SECTION E REACH UT -3 RIVER LEFT STA: 12+39.22 RIVER RIGHT 1990 PROPMED GR 1990 1980 1980 1970 1970 1960 1960 1+20 1+10 1+00 0+90 0+80 0+70 0+60 0+50 0+40 0+30 0+20 0+10 0+00 0+10 0+20 0+30 0+40 0+50 0+60 0+70 0+80 0+90 1+00 1+10 1+20 CROSS SECTION F REACH UT -3 RIVER LEFT STA: 16+82.63 RIVER RIGHT 1980 1980 1970 1970 1960 1960 1950 1950 1+20 1+10 1+00 0+90 0+80 0+70 0+60 0+50 0+40 0+30 0+20 0+10 0+00 0+10 0+20 0+30 0+40 0+50 0+60 0+70 0+80 0+90 1+00 1+10 1+20 PRELIMINARY BEFORE YOU DIG NOT FOR CALL ONECAl CE47D? 49 N.C. ONECALL CENlEP Kn whet a IR THE IAWI CONSTRUCTION C.11 h-.hdlg N N 0 N 0 LL N o II 0 0 _ O W — J N U o v _ Z ro 0 N < (n 0 J N w w coo a o o r - co U) Q Of N Z O LLwL) z 0 z Z = W 3 � ~ w U o('N Z N J W Q 2: c, (� ¢o o 00 w J ``^^ V ZEA `// V Z 0 0- J Q NO 0. U 0 N 0 } N o II 0 0 _ O W — J O W N M U o v _ Z ro 0 N < (n 0 J N w w coo m W _ N i F M i Z O N � W O aD 3 m w > s Z = W 3 Y ~ Z c7 M J JN Z N J Z J n w W 0-- O IL ap ¢o m ZEA Z 0 0- J Q Table 1. HEC -RAS analysis of existing and design conditions. The Manning's bankfull flow was calculated independently for each reach. Existing Design Shear Bankfull Shear Bankfull Q V Area Stress Height V Area Stress Height River Reach Station Profile (cfs) (ft/s) (sq ft) (Ib/sq ft) (ft) (ft/s) (sq ft) (Ib/sq ft) (ft) Manning's UT -1a 11+16 Bankfull 11.92 4.5 2.65 0.9 1.57 3.75 3.73 0.6 0.68 Manning's UT -1a 12+09 Bankfull 11.92 4.16 2.99 0.74 0.65 2.86 5.34 0.32 0.81 Manning's UT -1b 13+77 Bankfull 7.79 3.92 2.04 0.67 0.68 3.49 2.23 0.57 0.52 Manning's UT -1b 14+02 Bankfull 7.79 3.22 2.42 0.39 0.6 3.45 2.14 0.63 0.5 Manning's UT -1b 14+45 Bankfull 7.79 4.13 2.12 0.55 0.87 1.98 2.14 0.63 0.5 Manning's UT -1b 15+15 Bankfull 7.79 3.48 2.33 0.42 0.81 3.44 3.34 0.3 0.64 Manning's UT -1b 15+37 Bankfull 7.79 3.81 2.05 0.49 0.69 3.45 2.14 0.63 0.5 Manning's UT -1b 16+51 Bankfull 7.79 3.35 2.6 0.38 0.8 3.16 3.39 0.29 0.65 Manning's UT -1b 18+85 Bankfull 7.79 3.43 2.27 0.43 0.48 3.44 2.14 0.63 0.5 Manning's UT -1b 23+07 Bankfull 7.79 3.5 2.23 0.43 0.53 3.52 2.14 0.46 0.5 Manning's UT -1b 24+16 Bankfull 7.79 3.86 2.02 0.51 0.92 3.49 2.14 0.46 0.5 Averag Manning's UT -1a a Bankfull 11.92 4.33 2.82 0.82 1.11 3.31 4.54 0.46 0.75 Averag Manning's UT -1b a Bankfull 7.79 3.63 2.23 0.47 0.71 3.27 2.42 0.51 0.53 Manning's UT -2 11+64 Bankfull 9.26 2.4 3.86 0.34 0.56 3.36 3.31 0.51 0.59 Manning's UT -2 12+51 Bankfull 9.26 3.14 2.95 0.51 0.72 3.36 3.31 0.51 0.59 Manning's UT -2 16+08 Bankfull 9.26 3.25 2.85 0.53 0.52 3.36 3.31 0.51 0.59 Notes: River STA indicates station value of cross section. Average indicates average throughout entire reach. Q indicates bankfull discharge. Vindicates bankfull velocity. Flow Area indicates bankfull area. sq ft. indicates square feet. Ib/sq. ft. indicates pound per square foot. Bold indicates average reach values. See Table 2 for Manning's discharge parameters. Existing Design Shear Bankfull Shear Bankfull Q V Area Stress Height V Area Stress Height River Reach Station Profile (cfs) (ft/s) (sq ft) (Ib/sq ft) (ft) (ft/s) (sq ft) (Ib/sq ft) (ft) Manning's UT -2 19+76 Bankfull 9.26 4.54 2.04 0.9 1.28 3.36 3.31 0.51 0.59 Averag Manning's UT -2 a Bankfull 9.26 3.33 2.93 0.57 0.77 3.36 3.31 0.51 0.59 Manning's UT -3 11+34 Bankfull 8.23 3.22 2.55 0.34 1.42 3.67 2.24 0.62 0.55 Manning's UT -3 12+01 Bankfull 8.23 3.85 2.26 0.67 0.78 3.33 2.47 0.5 0.6 Manning's UT -3 12+39 Bankfull 8.23 3.72 2.21 0.65 0.76 3.74 2.2 0.65 0.55 Manning's UT -3 13+95 Bankfull 8.23 2.97 2.77 0.38 1.09 2.86 2.87 0.36 0.67 Manning's UT -3 17+33 Bankfull 8.23 3.22 2.56 0.46 0.85 3.43 3.1 0.51 0.8 Averag Manning's UT -3 a Bankfull 8.23 3.40 2.47 0.50 0.98 3.41 2.58 0.53 0.63 Notes: River STA indicates station value of cross section. Average indicates average throughout entire reach. Q indicates bankfull discharge. Vindicates bankfull velocity. Flow Area indicates bankfull area. sq ft. indicates square feet. Ib/sq. ft. indicates pound per square foot. Bold indicates average reach values. See Table 2 for Manning's discharge parameters. Table 2. Channel parameters and calculated discharge (Q) based on existing bankfull features. Notes: A indicates bankfull area in a riffle. dd indicates bankfull depth in a riffle. R indicated hydraulic radius. S indicates water surface slope. n indicates Manning's roughness coefficient. I indicates rainfall intensity. C indicates the dimensionless runoff coefficient. D and DA indicate drainage area, in respective units. Q Manning's indicates bankfull discharge as calculated by Manning's equation. Q Rational indicates bankfull discharge as calculated by the Rational Method. Q Regional Curve indicates bankfull discharge as calculated by the NC Regional Curve. sq. ft indicates square feet. ft indicates foot. ft/ft indicates foot per foot. cfs indicates cubic feet per second. Q Q Q Region A d R S n I C D DA Manning' Rationa al s I Curve (unitless (unitless Reach (sq ft) (ft) (ft) (ft/ft) (in/hr) (acre) (sq mi) (cfs) (cfs) (cfs) UT -1 a 1.53 0.53 0.41 0.110 0.035 4.00 0.20 17 0.03 11.92 13.76 6.47 UT -1 b 1.68 0.71 0.45 0.035 0.035 4.00 0.20 23 0.04 7.79 18.40 8.05 UT -2 1.93 0.53 0.42 0.040 0.035 4.00 0.20 37 0.06 9.26 29.54 11.56 UT -3 2.35 0.83 0.52 0.016 0.035 4.00 0.20 97 0.15 8.23 77.46 23.80 Notes: A indicates bankfull area in a riffle. dd indicates bankfull depth in a riffle. R indicated hydraulic radius. S indicates water surface slope. n indicates Manning's roughness coefficient. I indicates rainfall intensity. C indicates the dimensionless runoff coefficient. D and DA indicate drainage area, in respective units. Q Manning's indicates bankfull discharge as calculated by Manning's equation. Q Rational indicates bankfull discharge as calculated by the Rational Method. Q Regional Curve indicates bankfull discharge as calculated by the NC Regional Curve. sq. ft indicates square feet. ft indicates foot. ft/ft indicates foot per foot. cfs indicates cubic feet per second. Table 3. Bankfull dimensions from field identified features, NC Mountain Regional Curves, Zink et al., regional curves, and design bankfull dimensions. Notes: W indicates bankfull width. d indicates bankfull depth. A indicates bankfull area. sq ft indicates square foot. Field Identified NC Mountain Regional Curves Regional Curves (Zink et al., 2012) Design W d A W d A W d A W d A Reach (ft) (ft) (sq ft) (ft) (ft) (sq ft) (ft) (ft) (sq ft) (ft) (ft) (sq ft) UT -1a 2.68 0.53 1.53 5.11 0.36 1.84 5.25 0.42 2.13 4.35 0.43 1.84 UT -1b 2.35 0.71 1.68 7.00 0.47 3.29 7.19 0.52 3.67 5.51 0.57 2.88 UT -2 3.51 0.52 1.92 6.79 0.45 3.11 6.97 0.51 3.48 5.76 0.50 2.84 UT -3 2.82 0.83 2.35 8.91 0.57 5.12 9.15 0.62 5.57 5.78 0.71 3.40 Notes: W indicates bankfull width. d indicates bankfull depth. A indicates bankfull area. sq ft indicates square foot. Table 4. Existing and design critical shear stress values and associated particle sizes mobilized within the defined reach. Notes: R indicates hydraulic radius. S indicates water surface slope. T indicates critical shear stress. Particle size mobilized is the maximum diameter particle mobilized at given T. HEC -RAS T is the modeled T. HEC -RAS particle size mobilized is the maximum diameter particle mobilized at the modeled HEC -RAS T. ft/ft indicated foot per foot. Ib. /sq ft indicates pound per square foot. Permissible shear stress for proposed coir matting with net= 2.25 Ib/ sq. ft. (Fischenich, 2001). Existing Design HEC- HEC - RAS RAS Particle particle Particle particle Bankfu size size Bankfu size size II mobiliz HEC- mobiliz II mobiliz HEC- mobiliz Height R S (ft/ T (lb/ ed RAS T ed Height R S (ft/ T (lb/ ed RAS T ed (ft) (ft) ft) sq ft) (mm) (Ib/sq ft) (mm) (ft) (ft) ft) sq ft) (mm) (Ib/sq ft) (mm) UT -1 0.74- 0.32- a 0.53 0.41 0.11 2.81 200.0 0.90 48-75 0.43 0.38 0.11 2.64 200 0.60 20-45 UT -1 0.39- 0.30- b 0.71 0.45 0.03 0.97 80.0 0.67 20-41 0.57 0.51 0.03 1.11 85 0.63 21 -47 0.34 - UT -2 0.53 0.42 0.04 1.06 85.0 0.90 20-75 0.50 0.47 0.04 1.18 90 0.51 28 0.34- 0.36 - UT -3 0.83 0.52 0.02 0.52 30.0 0.67 20-46 0.71 0.57 0.02 0.56 39 0.65 25-49 Notes: R indicates hydraulic radius. S indicates water surface slope. T indicates critical shear stress. Particle size mobilized is the maximum diameter particle mobilized at given T. HEC -RAS T is the modeled T. HEC -RAS particle size mobilized is the maximum diameter particle mobilized at the modeled HEC -RAS T. ft/ft indicated foot per foot. Ib. /sq ft indicates pound per square foot. Permissible shear stress for proposed coir matting with net= 2.25 Ib/ sq. ft. (Fischenich, 2001). Permissible shear stress for proposed coir matting on fully established streambank = 4-8 Ib/ sq. ft. (Fischenich, 2001). Permissible shear stress for live stakes on partially established streambank = 0.5 -2 Ib/ sq. ft. (NCDENR, 2009). Permissible shear stress for live stakes on fully established streambank = 2-5 Ib/ sq. ft. (NCDENR, 2009). Table 5. Stream Survey Data Sheet. UT -1a UT -1 a UT -1 b UT -1 b UT -2 UT -2 UT -3 UT -3 Paramater Existing Design Existing Design Existing Design Existing Desi n Drainage Area acre 17 17 23 23 37 37 97 97 Stream Length (ft) 229 229 1217 1217 1033 1033 976 976 Valley Length (ft) 215 215 1160 1160 969 969 843 843 Water Surface Slope (ft/ft) 0.110 0.110 0.035 0.035 0.040 0.040 0.016 0.016 Valley Slope (ft/ft) 0.117 0.117 0.038 0.038 0.045 0.045 0.019 0.019 Channel Sinuosity 1.07 1.07 1.05 1.05 1.07 1.07 1.16 1.16 Bankfull Discharge (cfs) nneCha(Manning's Equation) 11.92 11.92 7.79 7.79 9.26 9.26 8.23 8.23 Dim Dim Bankfull ensi Velocity (ft/s) ons (Continuity Equation) 7.79 7.94 4.78 3.14 4.81 3.93 3.50 2.66 Bankfull Velocity (ft/s) (Avg. HEC - RAS) 4.33 3.22 3.63 3.26 3.34 3.57 3.40 3.20 Channel Materials (Particle Size Index D50) 0.28 0.28 0.28 0.28 0.36 0.36 0.28 0.28 Channel Materials (Particle Size Index D84) 1.00 1.00 1.00 1.00 1.20 1.20 20.00 20.00 Rosgen Stream Type Aha+to F5b* A B5a* to G5* Eb* C5b* to G5c* Cb* E5* to G4c* Eb* Bankfull Width (ft) 2.68 to 5.93 4.35 2.35 to 3.42 5.51 1.35 to 3.51 5.76 2.68 to 2.82 5.78 Bankfull Depth (ft) 0.43 to 0.53 0.43 0.57 to 0.71 0.57 0.50 to 0.53 0.50 0.71 to 0.83 0.71 Notes: Existing parameters were measured at relatively stable sections where bankfull indicators were identified (more stable areas) and at cross-sections (less stable areas) and provided a range of stream type and stability rating for each reach. *indicates that the Rosgen Stream Type denoted does not match the definition of that stream in its entirety according to the Rosgen Classification of Natural Rivers. For example, one parameter, e.g. sinuosity may differ from the Rosgen Classification. UT -1a UT -1 a UT -1 b UT -1 b UT -2 UT -2 UT -3 UT -3 Paramater ExistingDesign ExistingDesign ExistingDesign ExistingDesi n Bankfull X - Section Area Riffl (sq ft) 1.53 1.50 1.63 2.48 1.93 2.36 2.35 3.10 e Width/Depth Dim Ratio 5.06 to 13.70 10.11 3.31 to 6.00 9.67 2.76 to 6.69 11.51 3.40 to 3.80 8.14 ensi Maximum ons Depth (Dmax) 0.53 0.43 0.71 0.57 0.53 0.50 0.83 0.71 Width of Flood -Prone Area (ft) 6.08 to 7.05 13.00 4.25 to 7.30 16.00 2.68 to 24.27 24.00 3.70 to 9.12 18.00 Entrenchmen Ratio 1.02 to 2.47 2.99 1.25 to 3.11 2.90 1.90 to 6.91 4.17 1.30 to 3.23 3.12 Bench Width N/A 3.00 N/A 3.00 N/A 3.50 N/A 4.00 Max Pool Depth (ft) N/A 1.12 N/A 1.44 N/A 1.25 N/A 1.50 Pool Area (sq 3.65 N/A 5.94 N/A 5.40 N/A 6.50 t) N/A Pool Width 6.52 N/A 8.27 N/A 8.63 N/A 8.67 (ft) N/A Average Pool Poo Depth (ft) N/A 0.75 N/A 0.99 N/A 0.87 N/A 1.24 Pool Slope Dim (ft/ft) N/A 0.00 N/A 0.00 N/A 0.00 N/A 0.00 ensi Ratio of Pool ons Width to Bankfull Width N/A 1.50 N/A 1.50 N/A 1.50 N/A 1.50 Pool to Pool Spacing (ft) N/A 13.40 N/A 15-165 N/A 25-160 N/A 20-100 Bench Width R N/A 3.00 N/A 3.00 N/A 3.50 N/A 4.00 Notes: Existing parameters were measured at relatively stable sections where bankfull indicators were identified (more stable areas) and at cross-sections (less stable areas) and provided a range of stream type and stability rating for each reach. *indicates that the Rosgen Stream Type denoted does not match the definition of that stream in its entirety according to the Rosgen Classification of Natural Rivers. For example, one parameter, e.g. sinuosity may differ from the Rosgen Classification. Table 6. BEHI analyses of UT -1 a, UT -1 b, UT -2, and UT -3. Notes: N/A indicates `not applicable'. % indicates percentage. Station River Bank Bank Height Ratio N Root Depth Ratio N Root Density 0 o Bank Angle (degree s) Surface Protectio o n o Adjustments Total Index Category UT -1 12+00 Value Right 17 10 60 45 40 Sand a Index 10 8.5 3 3.5 5 5 35 High 14+20 Value Right 12 55 20 76 50 Sand UT -1 Index 10 4 7 6 4 5 36 High b 19+25 Value Left 10 55 80 50 70 Sand I ndex 10 4 2 3.5 3 5 27.5 Moderate 11+00 Value Left 1 100 80 60 70 Sand UT Index 1 1 2 4 3 5 16 Low -2 18+30 Value Right 13 30 15 56 50 Sand Index 10 6 8 4 4 5 37 High 10+70 Value Right 13 70 15 62 10 N/A Index 10 3 8 4 8.5 33.5 High 13+60 Value Left 5 30 10 110 5 N/A UT -3 Index 10 6 8.5 8.5 9 42 Very High 18+40 Value Right 8 80 55 35 60 N/A I ndex 10 2 4 2.5 3 21.5 Moderate Notes: N/A indicates `not applicable'. % indicates percentage. APPENDIX F - STREAM BUFFER MAP Anderson Farm Stream Mitigation Bank 44 Mitigation Plan December 2012 LEGEND: EASEMENT BOUNDARY AND BUFFER BUFFER WIDTH LINES PROPERTY BOUNDARY STREAM PRIORITY II RESTORATION AREA Priority I I Design 2,930 Length (ft) Buffer Li ne River Right Buffer River Left Buffer Identification Section Length Tributary Width (fromtop Width (fromtop Credit Multiplier Total Credits Number of bank) of bank) 1 320 L!T-1a 162 158 1.185 / I 2 310 L!T-1b 167 / 1.185 367 3 330 � I 161 158 1.185 391 4 � L!T-1b 171 161 1.185 575 i l i 210 L!T-2 184 186 1.185 249 6 450 L!T-2 186 171 1.185 533 7 300 L!T-3 186 189 1.185 356 8 1 � 211 178 1.185 I I 160 L!T-3 176 � I 190 � 3,472 \ 2 \ \ \ \ \ 3 5 6 4 I \ I 1 � 1 1 � i 1 8 L 9 / LEGEND: EASEMENT BOUNDARY AND BUFFER BUFFER WIDTH LINES PROPERTY BOUNDARY STREAM PRIORITY II RESTORATION AREA Priority I I Design 2,930 Length (ft) Buffer Li ne River Right Buffer River Left Buffer Identification Section Length Tributary Width (fromtop Width (fromtop Credit Multiplier Total Credits Number of bank) of bank) 1 320 L!T-1a 162 158 1.185 379 2 310 L!T-1b 167 163 1.185 367 3 330 L!T-1b 161 158 1.185 391 4 485 L!T-1b 171 161 1.185 575 5 210 L!T-2 184 186 1.185 249 6 450 L!T-2 186 171 1.185 533 7 300 L!T-3 186 189 1.185 356 8 365 L!T-3 211 178 1.185 433 9 160 L!T-3 176 228 1.185 190 3,472 E N G I N E E R I N G & H Y D R 0 G E 0 L 0 G Y 231 HAYWOOD STREET, ASHEVILLE, NC 28801 TEL.828.281.3350 FAC.828.281.3351 WWW.ALTAMONTENVIRONMENTAL.COM DRAWN BY: ANNA SAYLOR SCALE (FEET) PROJECT MANAGER: JOEL LENK CLIENT: AFFP, LLC 150 0 150 DATE: 9/18/2012 STREAM BUFFER WIDTH AND CREDIT I APPENDIX ANDERSON FARM MITIGATION BANK F BUNCOMBE COUNTY, NORTH CAROLINA 300 P:\SAHC\ANDERSON FARMS\FIGURES\CAD\APP F - STREAM BUFFER WIDTH.DWG APPENDIX B - PROPERTY SURVEYAND LEGAL DESCRIPTION .4- Illlllll fffllllll lull �llllllll ll�l lll8 �l{I[lilllllll lll<Illlll lull �[I llll Doc ID: 022893120003 Tvoe: CRP Recorded: 06/24/2010 at 04:11:53 PM Fee Amt: $25.00 Page i of 3 Revenue Tax: $0.00 Workflow# 0000032657-0001 Buncombe Countv. NC Otto W. DeBruhl Reaister of Deeds SK4794Po791-793 Excise Tax: $0.00 — Gift Deed Prepared by and return to: Claxton Law Finn, P.A. by Douglas A. Claxton, Attorney PIN 9711-98-7999-00000 STATE OF NORTH CAROLINA COUNTY OF BUNCOMBE NON - WARRANTY DEED THIS NON -WARRANTY DEED is made "/2 o Z 3 , 20/q_. by and between MARIE C. ANDERSON, widow 333 Thompson Street, Apt. 349 Hendersonville, NC 28792 hereinafter referred to as "Grantor," and SOUTHERN APPALACHIAN HIGHLANDS CONSERVANCY, a Tennessee non-profit corporation 34 Wall Street, Suite 502 Asheville, NC 28801 hereinafter referred to as "Grantee." The terms grantor and grantee shall be used as neuter singular designations of the parties hereto, their personal representatives, heirs, successors and assigns. WITNESSETH: THAT the Grantor, as a gift to the Grantee, has and by these presents does gift, grant and convey unto the Grantee in fee simple, all of that certain lot or parcel of land situated in Buncombe County, North Carolina, and more particularly described in EXHIBIT A, attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the above-described lands and premises, together with all privileges and appurtenances thereto belonging to the Grantee, its heirs, successors, administrators and assigns in fee simple, subject to the reservations, exceptions, and limitations contained herein. All or a portion of the property herein conveyed includes or _X_ does not include the primary residence of a Grantor. Grantor makes no warranty, express or implied, as to title to the property hereinabove described. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal and does adopt the printed word "SEAL" beside its name as its lawful seal. a,tip- Q 09--LaL7• � (SEAL) MARIE C. ANDERSON STATE OF 7y9ffh I i)4 COUNTY OF bUA0,' DMbe-,' I, 'D. t wo) Lynx , a Notary Public of the County and State aforesaid, certify that MARIE C. ANI6ETRSON personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Y Z'/S'�S my h d and notarial seal this ZJ22day of Notary Publ• ynn Cby My Commission Expires: 8 - 3D `2016 r1(jn2 ,20�(� Notarial Seal Co Puev ' �p14Es L Om BE •G,,•,,,. rrbrrnrr,.NH, 7 - J EXHIBIT A — Legal Description Being all the property described in deeds recorded in Book 717, Page 497 and Book 759, Page 532, Buncombe County, North Carolina, Registry, LESS and EXCEPTING the property described in deeds recorded in Book 965, Page 335, Book 981, Page 532, Book 1106, Page 40, Book 1190, Page 720, Book 1192, Page 168, Book 1741, Page 531 and Book 2004, Page 395, Buncombe County, North Carolina, Registry. Being commonly known as 180 Mag Sluder Rd, Alexander, NC 28701 Containing 103.70 acres, more or less. Buncombe County Parcel Identification Number 9711-98-7999-00000 THIS MAP IS SUBJECT TO FUTURE REVISIONS PLAT BOOK: PAGE: VICINITY MAP CERTIFICATE OF OWNERSHIP AND DEDICATION: / SURVEYORS NOTES: I HEREBY CERTIFY THAT I AM THE OWNER OF THE PROPERTY AS / INC GRID (NOT TO SCALE) SUBJECT SHOWN AND DESCRIBED HEREON, WHICH WAS CONVEYED TO ME BY A 2 / ll �y 1. ALL DISTANCES ARE GROUND MEASUREMENTS IN PROPERTY DEED RECORDED IN BOOK 4794_ PAGE _791 _ IN THE BUNCOMBE I��� NORTH US SURVEY FEET UNLESS OTHERWISE NOTED. Ro ➢ COUNTY REGISTRY. I ALSO HEREBY ACCEPT AND ADOPT THIS RECORD ` NAD 83 2. AREAS CALCULATED BY THE COORDINATE METHOD. P ExA"DER m PLAT AND CONSERVATION EASEMENT WITH MY FREE CONSENT AND 3. PROPERTY SUBJECT TO ALL EASEMENTS, RIGHT OF a DEDICATED ALL L EASEMENTS, RIGHT OF WAYS AND ACCESS ROADS TO G/ / / ` 1 WAYS AND RESTRICTIONS THAT ARE RECORDED, � PUBLIC AND/OR PRIVATE USE AS NOTED ON SAID PLAT. J �a/ UNRECORDED, WRITTEN AND UNWRITTEN. \ 4. BUNCOMBE COUNTY GIS WEBSITE USED TO IDENTIFY ADJOINING PROPERTY OWNERS. NAME: DATE c�F N z O " / / \ 5. THE PROFESSIONAL SURVEYOR HAS MADE NO FE o r INVESTIGATION OR INDEPENDENT SEARCH FOR EASEMENTS, RIGHT OF WAYS, ENCUMBRANCES, RESTRICTIVE COVENANTS, CORRECT OWNERSHIP OR ANY OTHER FACTS THAT AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE. A NC SL /�j / js KATHRYN N.DEM05 \ LICENSED ATTORNEY SHOULD BE CONSULTED. _ MAG ff 9722-00-3222 6. BY GRAPHIC DETERMINATION, THE SUBJECT PROPERTY /'. DB: 4888 PG: 1976 APPEARS TO LIE IN AN AREA THAT IS DETERMINED / \ \ TO BE OUTSIDE OF THE 500 YEAR FLOOD PLAIN SHED (ZONE X) AS DETERMINED BY THE F.E.M.A. MAP#(S)3700971100J, 3700971200J, 3100972100J, 3700972200J DATED JAN 6, 2010. 50' R/W PER/ 7. GRID COORDINATES AND BEARINGS WERE DERIVED / OB: 1984 PG: 34 DWELLING FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS 5/8 RBR • \ THAT WERE OBSERVED ON (03/28/12) AND WERE BOUNDARY LINE PERFORMED TO THE GEOSPATIAL POSITIONING q I ACCURACY STANDARDS (CLASS A HORIZONTAL AND PROPOSED CONSERVATION I NOT SURVEYED CLASS C VERTICAL); AT THE 95% CONFIDENCE LEVEL EASEMENT ACCESS ROAD USING GPS L1 STATIC OBSERVATIONS WITH MAGELLAN (APPROX. LOCATION) I I PROMARK3 RECEIVERS. 8. UTILITIES WERE LOCATED BASED ON VISIBLE ABOVE N 61030'59" EBARN GROUND STRUCTURES, THEREFORE THE LOCATION OF Ss° 5 (8) 9UNDERGROUND UTILITIES ARE APPROXIMATE OR MAY 142.30 z \ \ BE PRESENT AND NOT SHOWN HEREON. CALL 244 S20 I 1-800-632-4949 BEFORE DIGGING. 3 N/ 9. BOUNDARY LINES NOT SURVEYED ARE INDICATED AS (7) z \`\ DASHED LINES AND WERE TAKEN FROM EXISTING N 17°56'11" E (9) DEEDS AND PLATS OF RECORD. 108.55' _ -�" - - SPRING - - - �' - - N 89°12'48" E � 5Px \ 10. ALL EXISTING FENCES WITHIN THE CONSERVATION x X jxz - - - - 171.39 \ EASEMENT AREAS ARE TO BE REMOVED. > - - \ - - - - - - (G) S 40021'55" E N 14°22'30"W HEADG` x��x\. . . . • • . • (14) / (I5) 179.16' � BUNCOMBE COUNTY, NORTH CAROLINA 118.31' `X 9�F- • - • p° 0 I, , REVIEW OFFICER FOR ,� p6'� \ BUNCOMBE COUNTY, CERTIFY THAT THE MAP OR PLAT TO (5) - - - 5PRING + - - - � _ _ _ _ _ WHICH THIS CERTIFICATION IS AFFIXED, MEETS ALL HEAD �� ;\ - - \ STATUTORY REQUIREMENTS FOR RECORDING. + 0004 \. 190- ° h' (I G) °(4) �+ \ ryco00 /x N 644l'40" W / WATER 5UPPLYWELL REVIEW OFFICER 148.26' yL'cP° + ��.. ` .. 4 VD,\+- \- - - - - -/� -HEAD G' JO i� BARN' ` REGISTERED THIS TF . . . . . . . . . . . . . . . . / / ° 0--- AT ------ W (10) X cy N \ _ PLAT BOOK QUO \ % Os' - - - - - - \ - - - - N co - - - - - 0 (1 7) (3) X _ _ wO ^ �I _ _ JOHN DAVID JOHNSON AND DEPUTY O O N - �- - - - - - WIFE, HAZEL E. JOHNSON \ - O PIN: 9721-09-7099 DB: 2004 PG: 395 YL (I 2) -to REGISTER OF DEEDS o �,..... �.j N - JOHN DAVID JOHNSON CIO 00 �N� I WIFE HAZEL L JOHN50N °y , - I (18) PIN: 9721-08-8726 DATE _ DAY OF _ AND RECORDED IN PAGE BY: - - - - - - - N } - - - - - DB: 1307 PG: 297 REGISTER OF � - - - - - -� - - - - - 2 - - - DEEDS STAMP UNDARY LINE V'° - - - - - \ ! � �/ . . . . . . . IT SURVEYED 6: . . . . . . k { I I )- - h ��-- . . . . Ory f............O M ^. /�- - - - 03 ry JOHN DAVID JOHN50N 4 } x CV rj BOUNDARY LINE WIFE HAZEL LJOHNSON w t CO NOT SURVEYED PIN: 9721-08-8726 X- - _ DB: 1307 PG: 297 X_ RICHARD B. HOLCOM13E AND CONSERVATION . . S 40022'57" W JOHN DAVID JOHNSON PIN: 971 1 88-57O700MBE EASEMENT AREA: x _\(20) 162.98' PIN:19 211-08-872GON / DB: 1307 PG: 297 DB: 1882 PG: 608 25.44 ACRES x �" hoe (2) KEE GPS CONTROL Lw - - - - - -� - - - MONUMENT LINE BEARING DISTANCE L1 S 78002'47" W 72.86' L2 N 82°48'35" W 288.20' L3 N 82°48'35" W 66.29' L4 N 82°01'13" W 88.49' L5 N 83034'52" W 270.29' L6 N 84°20'02" W 115.89' L7 N 83035'54" W 171.06' L8 N 83030'38" W 197.81' L9 S 29°26'47" W 200.01' - - - - - - - --I - 14�_ - - - - N: 712595.32' E: 920128.41' 717660.82 / 919657.19 \ . . . Z: 2015.02' 919574.79 3 719052.35 919285.43 K112' IP 719381.61 SURVEYED; THAT THE RATIO OF PRECISION AS 919024.62 5 719444.97 • 918890.5 1O0 m MARK TWEED AND WIFE, #5 RBR W N_ x X O � m BARBARA J. TWEED PIN. 972 I -OS-618 1 918 5 8 O ^ DB: 1834 PG: 620 N .72 9 10 11 2 13 COR # NORTHING EASTING 1 717660.82 919657.19 2 718379.75 INES OT 919574.79 3 719052.35 919285.43 4 719381.61 SURVEYED; THAT THE RATIO OF PRECISION AS 919024.62 5 719444.97 �a¢i ° 918890.5 6 719559.58 ANDERSON FARMS PROJECT 9188 7 719662.85 918 5 8 71 9730.71 \ .72 9 10 11 2 13 719646.1 6�i 719157. 7187 711k96 9 .46 248.96 79605.47 919765.77 919854.40 919885.92 4 489.51 9491.86 LEG E N D : 920024.35 920195.72 CURRENT OWNERS LISTED AS: 719355.35 OF THE 920311.76 17 719085.09 920206.31 18 718864.57 920162.40 19 718563.70 920034.28 20 718439.55 919928.69 21 717610.02 PARCEL IDENTIFICATION NUMBER: 9711-98-7999 920079.19 22 717618.32 O 920013.42 23 717630.61 THE DEFINITION OF SUB V 919925.79 45 . . . . . . " k . . - - m C1 THIS PLAT DOES NOT CREATE A SUBDIVISION cA OF PROPERTY IN BUNCOMBE COUNTY. THE N 10°08'41" W �`' c') KEE GPS CONTROL W zo PURPOSE OF THIS SURVEY IS TO IDENTIFY THE b Pi RFNF Coo CONSERVATION EASEMENT AREAS ONLY. NO 396.33' a) . . . . MONUMENT 4� �o N.• s� Coo k,% N: 712595.32' d a. 2, K ow�F TRANSFER OF PROPERTY IS TAKING PLACE. - - - - •� - X - - - - - n � I E: 920128.41' N 834 P, -Go F N 81°01'27" w z Z* 2015.02' �a2 CONSERVATION EASEMENT ACCESS: (TIE) 243.22' 24" WHITE OAK - - - ) o @FENCE CNR f o CONSERVATION EASEMENT AREAS TO BE ACCESSED o A 2 ��' '� FROM EXISTING ROADS AS SHOWN ON PLAT. 5/8" RBC x k o � I � DAVID LEE HARWOOD WIFE, _ A (L-3466) • w KAREN COOK HARWOOD _ _ - _ _ PIN: 9721-07-5755 0' 180' 860' 540' N 84°24'02" W � � L$ • - - + o l DB: 1696 PG: 90 ROBERT HARRISON DOVER • N c PIN: 971 1-87-8441 (TIE) 249.04 NAIL IN / L7 L6 • • (2 I) _ DB: 2414 PG: 3 1 6 PAKTICK SCOTT WESTMORELAND # v / 1 0" CHERRY k L5 L4 • • I INCH = 180 FEET PB: 78 PG: 102 JENNIFER WOOD WESTMORELAND ��� ti�ry # 4 RBR #5 RBR • PIN: 971 I-97-2610 n' Cory (DISTURBED) (CC) (1) L3 L2 DB: 321 I PG: 158 #5 RBR °j o / STONE I#4 RBR\ �� Rac A PRELIMINARY MAP OF PB: 95 PG: 64 0) @ 1 " IP (23) (22) aj Pp 2( ,L 3/4" IF PION 972LA NT07-5RY �5 I O ry I A CONSERVATION EASEMENT SURVEY FOR: CERTIFICATE OF SURVEY AND ACCURACY: �' 3 / 3 JOHN D. TEAGUE AND WIFE, DB: 1 190 PG: 720 O�¢j NOLA H. TEAGUE 2 2 u1 NAD 83(2007) SPC'S. DB: 892 PG: 537 Q m PIN: 971 1-97-8357 I NOS STATION. 'MACEOONA" _ PHILLIP B. KEE______ CERTIFY THAT THIS PLAT S / a ��� DB: 1856 PG: 571 \ EPOCH DATE., E°9 0751.36' DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SU � �; N. JAMES CHANDLER, INEZ CHANDLER, ELEVATION zo97.o' NAVO aeAFFF I I re MADE UNDER MY SUPERVISION (DEED DESCRIPTION^0 IN I / �o °m `_ O KENNETH CHANDLER, CYNTHIA MENDOZA \ MICHAEL N. GILLOOLY AND WIFE, CYNTHIA M. GILLOOLY ' DB: 4794PG: _791 THAT DASHED LINES IND T INES OT w z SURVEYED; THAT THE RATIO OF PRECISION AS D �a¢i ° DB:38 11-96-9985 DB:3834 PG: 7 I PIN: 1 34 4 7-4330 DB: 2134 PG: 382 (PARCEL I) ANDERSON FARMS PROJECT DOES NOT EXCEED --1:1_0,0_00__; AND T T PLAT WAS \ PREPARED IN ACCORDANCE WITH G.S. -3 NDED. LEG E N D : CURRENT OWNERS LISTED AS: I ALSO HEREBY CERTIFY THAT TH ONE OF THE SOUTHERN APPALACHIAN HIGHLANDS CONSERVANCY FOLLOWING: GS 47-30 F(11) D H RVEY IS OF CALCULATED POINT (NOT SET) BOUNDARY LINE ANOTHER CATEGORY, SUCH AS E MBINATION OF EXISTING PARCEL IDENTIFICATION NUMBER: 9711-98-7999 PARCELS, A COURT-ORDE E OR OTHER EXCEPTION TO O EXISTING IRON PIN (AS NOTED) BOUNDARY LINE NOT SURVEYED THE DEFINITION OF SUB V KEE CONTROL MONUMENT ADJOINING DEED LINES DEED REFERENCES: DB: 4794 PG: 791 WITNESS MY ORI I SIG T E, REGISTRATION NUMBER, AND 0 #5 REBAR WITH CAP SET - - RIGHT OF WAY (R/W) LEICESTER TOWNSHIP, BUNCOMBE COUNTY, NORTH CAROLINA SEAL THIS DA F XXXX A.D. 2012. X FENCE LINE 0 NGS MONUMENT SURVEY BY- NH, MM, DD, NC DRAWN BY.- NC CHECKED BY- PBK NOT TO SCALE (NTS) � STREAM (X) EASEMENT CORNER NUMBER 0 WETLAND SURVEY DATE: XX/XX/XX-XX/XX/XX JOB #120320 THIS DOCUMENT IS NOT VALID RBC REBAR WITH CAP (AS NOTED) 0 CONSERVATION EASEMENT AREA SHEET SIZE: 18"X24" SHEET #: 1 OF 1 SCALE: 1 "=180' UNLESS SIGNED AND SEALED RBR REBAR ASPHALT CC CONTROL CORNER GRAVEL N P.O. Box 2566 CNR CORNER _ Asheville, NC 28802 DB: DEED BOOK NGS NATIONAL GEODETIC SURVEY �828� 645-8275 PHILLIP B. KEE, PLS NC -4647 PG: PAGE N.A.D. NORTH AMERICAN DATUM 1983 PB: PLAT BOOK SPC STATE PLANE COORDINATES www.keemap.com IP IRON PIPE License # C-3039 NOT FOR CONVEYANCE, SALE OR RESALE -ALL AREAS ARE APPROXIMATE PRELIMINARY DRAFT -FOR REVIEW ONLY (11/05/12 ) APPENDIX C - MAP OF GEOGRAPHIC SERVICE AREA IN\i;OU 10 Waynesville tti CreeK mac' Sco °' Iva 9e Webs e'Q�re 0 10203 JACKS COUNTY LEGEND SITE LOCATION MAJOR HYDROLOGY PROPOSED GEOGRAPHIC SERVICE AREA NC 8 -DIGIT HUC RIVER BASINS ONORTH CAROLINA COUNTY BOUNDARIES S NTY 01v t e1 v �a &X9 9 Laurel Creek DISON COUNTY lLA , \�y Site Location EIBiltre OUNTYS rest E NG1N E ERINC. & H Y -]F O G E O LG r �31 H.—V.-- 5 ..L F Ati=t -. I I FNC peae: r[[.828281 3350 r c.82B 281.3351 W W W.ALTAN*NTCN V 1RQNNZNTw L -00N DRAWN BY: ANNA SAYLOR SCALE PROJECT MANAGER: JOEL LENK CLIENT: AFF, LLC MILES DATE: 8/15/2012 0 2.5 5 10 N G ~ � e Riv MI HELL COUNT )rsville U 06010111#11 Burnsville Spru i YA COUNTY �Stron9 Creed �r �o 03050101 MCDOWELL C TY Mont at Old Fort, et fetcher e� to RAJ Mi e NDERSO COLIN Henders nville Laurel Par at Roc green R�- !� C2 . n ck Vill ge 'T3� RFORD COUNTY Lake ego 030501 POLK COUNTY a Columbus orth;ti R/ver SOURCE: MAJOR HYDROLOGY, COUNTY BOUNDARIES - NC ONE MAP 8 -DIGIT HUC RIVER BASINS - USACE FIGURE PROPOSED GEOGRAPHIC SERVICE AREA ANDERSON FARM MITIGATION BANK 6 BUNCOMBE COUNTY, NORTH CAROLINA APPENDIX D - FORM OF FINANCIAL ASSURANCE PAW09 ASHEVILLE SAVINGS BANK US Army Corps of Engineers Attn: Amanda Jones, Regulatory Project Manager Asheville Regulatory Field Office 151Patton Avenue, Room 208 Asheville, NC 28801-5006 RE: Southern Appalachian Highlands Conservancy Escrow Accounts Dear Ms. Jones: September 1, 2012 Asheville Savings Bank is working with the Southern Appalachian Highlands Conservancy to establish two escrow accounts for the purpose of insuring that the current restoration and monitoring of a stream mitigation project at Anderson Farm is completed successfully. We will be establishing the two accounts as follows: 1. Escrow account in the amount of $100,000.00 for the purpose of Construction/Restoration of a stream mitigation bank project at Anderson Farm. 2. Escrow account in the amount of $5,000.00 for the purpose of monitoring the project after completion. Once the requisite approvals are obtained and the project is ready to begin we will be prepared to establish these accounts in order to complete the required documentation. Please let me know if you require anything else from us at the present time in order to confirm the status of these accounts. Sincerely, J. erry Hendrix Senior Vice President/ Commercial Banking Manager Asheville Savings Bank 11 Church Street Asheville, NC 28801 tel 828.2 54.7411 1 800.222.3230 P,0. Bax 652 Asheville, NC 28802 AsheviileSavingsBank.com APPENDIX E - FORM OF PRESERVATION MECHANISM Prepared by and return to: D. Lynn Cox, Attorney at Law, P.O. Box 1197, Asheville NC 28802 PERMANENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ("Conservation Easement") made this day of , 2012 by and between the Southern Appalachian Highlands Conservancy, a Tennessee nonprofit corporation with an address of 34 Wall Street, Suite 502, Asheville, North Carolina 28801 ("Grantor") and the Buncombe County Soil and Water Conservation District, a body politic and corporate organized pursuant to North Carolina General Statutes Chapter 139, with an address of 155 Hilliard Avenue, Asheville, North Carolina 28801 ("Grantee"). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. RECITALS WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Buncombe County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein and shown on the survey dated xxxxx (Job No. xxxxxx) by Phillip B. Kee of Kee Mapping & Surveying, P.L.S. Registration Number C-3039 (hereinafter the "Kee Survey") and recorded at Plat Book xxx at Page xxx, Buncombe County Register of Deeds (the "Property"); WHEREAS, Grantee is a governmental agency established pursuant to N.C. Gen. Stat. § 139-1 et seq.; its purposes include, among other things, the protection and conservation of natural resources, including soil and water resources; it is authorized by the laws of the State of North Carolina to accept, hold, and administer conservation easements; it possesses the authority to accept and is willing to accept this Conservation Easement under the terms and conditions herein described; and it is qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat. § 121-35; WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the property in its natural state once the approved mitigation activities contemplated herein have been completed, which includes the restoration of perennial streams throughout the Property and revegetation of riparian corridors. These activities will restore the appropriate low mountain alluvial forest and mountain bottomland forest ecosystems. The purpose of this Conservation Easement is to maintain wetland and riparian resources and other natural values of the Property, and to prevent the use or development of the Property for any purpose or in any manner that would conflict with the maintenance of the Property in its natural condition once the approved mitigation activities contemplated herein have been completed. WHEREAS, the preservation of the Property is required by a Mitigation Banking Instrument for the Anderson Farm Stream Mitigation Bank, Department of the Army Action ID [Action ID number for the mitigation bank](the "Anderson Farm Mitigation Bank"). The Anderson Farm Mitigation Bank is intended to be used to compensate for unavoidable stream and/or wetland impacts authorized by permits issued by the Department of the Army. Grantor and Grantee agree that third party rights of enforcement shall be held by the U.S. Army Corps of Engineers, Wilmington District (Corps, to include any successor agencies), and that these rights are in addition to, and do not limit, the rights of the parties to the Mitigation Banking Instrument. NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its successors and assigns, forever and in perpetuity a Conservation Easement of the nature and character and to the extent hereinafter set forth, over the Property described in Exhibit A together with the right to preserve and protect the conservation values thereof, as follows: ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. This Conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's representatives, successors and assigns, lessees, agents and licensees. ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Property inconsistent with the purpose of this Conservation Easement is prohibited. The Property shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Property. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted or reserved as indicated hereunder: A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the natural features of the Property or any introduction of non- native plants and/or animal species is prohibited except for those rights reserved herein. B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above the Property except for fences necessary for management of the Property and for signage permitted in Paragraph G below. C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial activities, including any right of passage for such purposes are prohibited. D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use of the Property are prohibited. E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation on the Property except for the purpose of maintaining the fences and footpath permitted in this document. Removal, destruction, harming, cutting, and mowing of exotic invasive species on the Property is permitted. Selective removal of trees that present an existing or impending hazard to human or animal safety or structures on the Property or surrounding property (including fences) is permitted. Selective removal of trees to combat disease and infestation that pose an impending threat to the overall health of the forest on the Property in accordance with guidelines provided by the U.S. Department of Agriculture or North Carolina Department of Forest Resources is permitted. F. Roads and Trails. There shall be no construction of roads, trails or walkways on the property; nor enlargement or modification to existing roads, trails or walkways except that Grantor reserves the right to construct and maintain one unpaved, soil, single-track footpath set back at least 30 feet from the top of the bank of any tributary stream located and designed in a manner to protect the Conservation Values and restoration elements of the Property. Wet stream crossings along the trail perpendicular to stream flows may occur within the 30 foot buffer. G. Signage. No signs shall be permitted on or over the Property, except the posting of no trespassing signs, signs identifying the conservation values of the Property (including educational interpretive signs), signs giving directions or proscribing rules and regulations for the use of the Property and/or signs identifying the Grantor as owner of the property. H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Property is prohibited. I. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any manner on the Property, except to restore natural topography or drainage patterns. J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of the easement area by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands is prohibited. Use of pesticide or biocides is prohibited except for use in the removal of exotic invasive species in accordance with all applicable laws and regulations. K. Development Rights. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited except for the purpose of maintaining the fences permitted herein and performing other management tasks permitted herein. M. Other Prohibitions. Any other use of, or activity on, the Property which is or may become inconsistent with the purposes of this grant, the preservation of the Property substantially in its natural condition, or the protection of its environmental systems, is prohibited. ARTICLE III. GRANTOR'S RESERVED RIGHTS The Grantor expressly reserves for itself, its representatives, successors or assigns, the right to continue the use of the property for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Property, the rights of ingress and egress, the right to hunt, fish, and hike on the Property, the right to sell, transfer, gift or otherwise convey the Property, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall specifically reference, this Conservation Easement, the right to grant supervised physical access on the Property to groups, organizations and individuals studying the Conservation Values of the Property for educational purposes. Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its successors and assigns, the right to construct wetland and stream mitigation including restoration, creation and enhancement activities on the Property, in accordance with the detailed Mitigation Plan approved in accordance with the Mitigation Banking Instrument for the Anderson Farm Mitigation Bank. ARTICLE IV. GRANTEE'S RIGHTS The Grantee, its authorized representatives, successors and assigns, and the Corps shall have the right to enter the Property at all reasonable times for the purpose of inspecting said property to determine if the Grantor, or its representatives, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The easement rights granted herein do not include public access rights. ARTICLE V. ENFORCEMENT AND REMEDIES A. To accomplish the purposes of this Easement, Grantee is allowed to prevent any activity on or use of the Property that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Property that may be damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after 30 days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. The costs of a breach, correction or restoration, including the Grantee's expenses, court costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. The Corps shall have the same right to enforce the terms and conditions of this easement as the Grantee. B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default. C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Property resulting from such causes. ARTICLE VI. MISCELLANEOUS A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee simple, and that Grantor either owns all interests in the Property which may be impaired by the granting of this Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or other interests in the Property which have not been expressly subordinated to this Conservation Easement. Grantor further warrants that Grantee shall have the use of and enjoy all the benefits derived from and arising out of this Conservation Easement, and that Grantor will warrant and defend title to the Property against the claims of all persons. B. Subsequent Transfers. Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Property. Grantor agrees to provide written notice of such transfer at least thirty (30) days prior to the date of the transfer. Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any portion thereof and shall not be amended, modified or terminated without the prior written consent and approval of the Corps. C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however, that Grantee hereby covenants and agrees that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. D. Entire Agreement and Severability. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect. E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments, fees, or charges (if any) levied upon the Property. Grantor shall keep the Property free of any liens or other encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, mitigation and restoration activities, or maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. F. Extinguishment. In the event that changed conditions render impossible the continued use of the Property for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. G. Eminent Domain. Whenever all or part of the Property is taken in the exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full value of the taking, and all incidental and direct damages due to the taking. H. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of this Property is sold, exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair market value of this Conservation Easement. The parties stipulate that the fair market value of this Conservation Easement shall be determined by multiplying the fair market value of the Property unencumbered by this Conservation Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of this easement at the time of this grant to the value of the Property (without deduction for the value of this Conservation Easement) at the time of this grant. The values at the time of this grant shall be the values used, or which would have been used, to calculate a deduction for federal income tax purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with the purposes of this Conservation Easement. I. Notification. Any notice, request for approval, or other communication required under this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following addresses (or such address as may be hereafter specified by notice pursuant to this paragraph): To Grantor: The Southern Appalachian Highlands Conservancy 34 Wall St., Suite 502 Asheville, NC 28801 Fax (828)253-1248 To Grantee: Buncombe County Soil and Water Conservation District 155 Hilliard Ave., Suite 204 Asheville, NC 28801 Fax (828) XXX-XXXX To the Corps: Todd Tugwell Regulatory Division Wilmington District U.S. Army Corps of Engineers 11405 Falls of Neuse Road Wake Forest, NC 27587 J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation Easement, then the Grantee's interest shall become vested in another qualified grantee in accordance with an appropriate proceeding in a court of competent jurisdiction. K. Amendment. This Conservation Easement may be amended, but only in writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation purposes of this grant. L. Present Condition of the Property. The wetlands, aquatic, scenic, resource, environmental, and other natural characteristics of the Property, and its current use and state of improvement, are described in Part 3, "Site Conditions" of the Mitigation Plan, dated December 2012, prepared by Grantor and acknowledged by Grantor and Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee have copies of this report. It will be used by the parties to assure that any future changes in the use of the Property will be consistent with the terms of this Conservation Easement. However, this report is not intended to preclude the use of other evidence to establish the present condition of the Property if there is a controversy over its use. TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. IN WITNESS WHEREOF, the parties hereto have set their hands and seals and caused these presents to be executed in their respective names by authority duly given, and their corporate seal affixed, the day and year above written. GRANTOR: THE SOUTHERN APPALACHIAN HIGHLANDS CONSERVANCY, INC. an Carl J. Silverstein Executive Director GRANTEE: BUNCOMBE COUNTY SOIL AND WATER CONSERVATION DISTRICT, A BODY POLITIC AND CORPORATE By: Gary Higgins Director [NOTARY ATTESTATIONS ON FOLLOWING PAGE] NORTH CAROLINA BUNCOMBE COUNTY I, , a Notary Public in and for said County and State do hereby certify that Carl J. Silverstein personally appeared before me this day and duly acknowledged that he is the Executive Director of the Southern Appalachian Highlands Conservancy, a Tennessee corporation, and that by authority duly given and as the act of the Company, the foregoing instrument was signed in its name. WITNESS my hand and official stamp or seal, this day of April 2013. Notary Public My commission expires: NORTH CAROLINA BUNCOMBE COUNTY I, , a Notary Public of the aforesaid county and state do hereby certify that Gary Higgins, who is known personally to me, appeared before me this day and acknowledged his due execution of the foregoing instrument on behalf of the Buncombe County Soil and Water Conservation district, a body politic and corporate organized pursuant to NCGS Chapter 139. Witness my hand and official stamp or seal this day of April 2013. Notary Public Print Name: Stamp/Seal My commission expires: EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY In Buncombe County, North Carolina, all of that approximately XX- acre parcel as set forth on a plat of survey prepared by Kee Mapping and Surveying, PLS and recorded in Book , Page , Buncombe County Registry.