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HomeMy WebLinkAbout20080879 Ver 2_Mitigation Plans_20130710MITIGATION PLAN Logan Creek Stream Restoration Jackson County, North Carolina EEP Contract No. D06046 -A EEP Project No. 92515 Savannah River Basin Cataloging Unit 03060101 Prepared for: o stem � �12R CIDmi C I� PROGRAM NC Department of Environment and Natural Resources Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699.1652 May, 2013 (updated from 4/08) 0 MITIGATION PLAN Logan Creek Stream Restoration Jackson County, North Carolina m EEP No. D06046 -A EEP Project No. 92515 Savannah River Basin Cataloging Unit 03060101 Prepared for: PROGRAM NC Department of Environment and Natural Resources Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699 -1652 Prepared by: 0 Michael Baker Engineering, Inc. 797 Haywood Road, Suite 201 Asheville, NC 28806 828 -350 -1408 May, 2013 (updated from 4108) EXECUTIVE SUMMARY Michael Baker Engineering, Inc. (Baker) proposes to restore, enhance or preserve 5131 linear feet (LF) of stream along Logan Creek. The project site is located in Jackson County, approximately three miles east of Cashiers. The project is on property owned by the Cow Rock Development Corp. and was previously held by the Jennings family for many years. The lands along the stream and in the surrounding area were logged 60 to 80 years ago. Since that time various agricultural enterprises were conducted, including an apple orchard, trout farming, mink farming and livestock grazing; however, most of the land has been maintained as a forest. Cow Rock and Laurel Knob are sheer granite cliffs that create a box canyon that surrounds this property. The present landowners are actively developing the property as an exclusive, "environmentally friendly ", low density residential development. This version of the restoration plan is a revision of the original report submitted and approved by NCEEP in 2008. The revision was necessitated by a U.S. Army Corp of Engineers (Corps) determination that a limited number of linear feet of existing stream were available on the site for this project. The limitation on available stream footage was the result of on -site mitigation by the landowners in violation of the option agreement they signed with Baker. This violation resulted in legal action being taken by Baker to settle damages to our ability to deliver the contracted stream footage. During the settlement of this action Cow Rock agreed with the Corps to provide additional stream footage on an adjoining parcel to meet part of their mitigation requirement. In so doing, additional stream footage was freed up for Baker's project. The following revised report reflects the maximization of the stream footage available, to provide the greatest number of stream mitigation credits based on what the Corps has determined is available and the needs that exist on the available stream footage. The net results of the necessary changes are that the quantity of preserved stream footage is greatly reduced. An upper enhancement reach was eliminated due to the loss of most of that reach and a restoration approach is now proposed from the beginning of the project through to the lower development bridge. Reach 2 now includes the Enhancement I reach between the lower development bridge and Highway 64. Preservation will now only apply to UT5 and a small length (68') of a tributary to it. This preservation reach is called Reach 3. The original plan did not include any work on the small, unnamed tributaries that had their confluence with the main stem within the easement. However, we have included these tributaries at this point since there will be work on all tributaries that meets an enhancement level of effort and on two of these there will be short lengths of restoration due to a need to extend channels to the new channel of the main stem. Restoration on tributaries will occur on UT 3, which will include 115 LF of restored channel plus a vernal pool and on UT6 a extended channel of 100 LF. The final total credits will be approximately 4,249 SMU generated from the available existing stream footage of 5,131 LF. Logan Creek is a low gradient, gravel bed stream that supports a good trout population. Logan Creek is within the Savannah River Watershed and is also within the N. C. Ecosystem Enhancement Program (EEP) targeted local watershed 10020, the Horsepasture River basin. There are sections of Logan Creek that are highly, even overly sinuous and other reaches that appear to have been straightened in the past. The channel is eroding its banks in many locations where woody vegetation has been removed and a grass field developed. There are other areas where dense stands of rhododendron have shaded out deep rooted tree species producing unstable, eroding banks and an over -wide condition. In stream habitat is primarily composed of woody debris and a few scattered bedrock outcroppings. The goals for the restoration project are as follows: • Reduce stream sedimentation from stream banks caused by erosion. • Protect riparian areas and features currently contributing important functions to this stream system. • Improve the water quality in the Logan Creek watershed. • Improve aquatic and terrestrial habitat along the project corridor. Page i To accomplish these goals, we are proposing the following objectives: • Restore the existing eroding or over -wide stream reaches by creating a stable channel with access to the floodplain. • Improve in- stream habitat by providing a more diverse bedform with riffles and pools, creating deeper pools, providing woody debris for habitat, and reducing bank erosion. • Establish native stream bank and floodplain vegetation to increase storm water runoff filtering capacity, improve bank stability, provide shading to decrease water temperature, provide cover, improve wildlife habitat and protect this area with a permanent conservation easement. • Improve terrestrial habitat by increasing the density of tree species that root deeply, by thinning the thick stands of rhododendron within the easement area and planting a more diverse native plant community. Table ES.1 Revised Logan Creek Restoration Overview Reach 1 Logan Cr. Mainstem 3,650 3,051 Restoration 3051 0+00 to 31+00 Reach 2 Logan Cr. Mainstem 1,050 1,050 Enhancement I 700 31+64 to 42 +14 UT1 56 56 Enhancement 1 37 UT2 82 82 Enhancement I 55 UT3 47 47 Enhancement 1 31 0 115 Restoration 115 UT4 66 66 Enhancement 1 44 UT5 560 560 Preservation 112 (535+25) (535+25) UT6 14 104 Restoration 104 STREAM TOTALS 5,525 5,131 ------- - - - - -- 4,249 Page ii TABLE OF CONTENTS 1.0 Restoration Project Goals and Objectives ....................... .............................., 2.0 Site Selection 2.1. Directions to Site 2.2. General Site Selection Information 2.2.1. Surface Water Classification/Water Quality ..... ....... ........................ 2.2.2. Physiography, Geology and Soils .................... ...... ................. ....... 2.2.3. Historic Land Use and Development Trends ----------------------------------- 2.2.4. Endangered/Threatened Species ................................................... 2.2.5. Cultural Resources 2.2.6. Potentially Hazardous Environmental Sites ..................................... 2.2.7. Potential Constraints 2.2.7.1. Property Ownership and Boundary ---------------------------------------- 2.2.7.2. Utilities 2.2.7.3. Hydrologic Trespass and Floodplain Characterization --------- -- - - -- 2.3. Vicinity map ------------------------------------------------------------------------------------ 2.4. Watershed map .-------•------------------------------------------------------------------------ 2.5. Soil survey map 2.6. Current Condition Plan View 2.7. Site Photographs -----------------------------------------•-------------------------------- ...... 3.0 Site Protection Instrument - - - - -- - - - - -- -- 3.1. Site Protection Instrument(;) Summary Information ................................... 3.2. 3.2. Site Protection Instrument Figure ........................... ............................. .. 4.0 Baseline Information 4.1. Watershed Summary Information ......................................................... 4.2. Reach Summary Information .............................................................. 4.3. Regulatory Considerations •--------------------•------..----..-----•------------------------ 5.0 Determination of Credits 5.1. Asset Map, showing existing reaches, tributaries an surveyed cross - sections. 6.0 Mitigation Work Plan ------------•----------------------------------------------------------------- 6.1. Description of target stream and plant communities ... ................. ............ .. 6.1.1. Existing Channel Geomorphic Characterization and Classification 6.1.2. Vegetation and Habitat Descriptions ---------------------------------------- 6.2. Narrative of Data Analysis and Design Parameters ... ..... .......................... 6.2.1. Reference Streams 6.2.2. Design Criteria Selection and D_ a--t-a Analysis for Stream Restoration 6.2.3. Design Parameters - -• ----------------------------------------------------- - - - - -- 6.2.4. Natural Plant Community Restoration ....... ................... ...... . . . . .. 7.0 Maintenance Plan 8.0 Performance Standards 8.1. Stream Monitoring ----------------------------•----------------------------------------------- 8.2. Vegetation Monitoring ------------------------------------------------------•---------------- 9.0 Monitoring Requirements 10.0 Long -term Management Plan - -------------------------------------------------------------------- 11.0 Adaptive Management Plan ----------------------------------------------------------------------- 12.0 Financial Assurances 13.0 Definitions 14.0 References Appendix A. Site Protection Instruments Appendix B. Baseline Information Data Appendix C. Mitigation Work Plan Data and Analyses. Appendix D. Project Plan Sheets Page iii 1 3 3 3 3 3 5 6 6 6 6 6 7 7 8 9 10 11 12 15 15 16 17 17 17 17 19 20 21 21 21 23 24 24 25 26 28 31 33 33 34 35 37 37 37 38 39 Page iv RESTORATION PROJECT GOALS AND OBJECTIVES The 2008 Savannah River Basin RBRP (hqp: / /yortal.ncdenr.org /web /eep /rbrps /savannah) identified HUC 03060101010020 ( Horsepasture River) as a Targeted Local Watershed. The watershed is primarily a forested area (87 %); however, increasing development from new residential homes and golf course communities threaten water quality due to an increase in impervious surface area and sedimentation of streams. Most of the streams in the watershed are DWQ — designated trout water and support important brook trout populations. The watershed also has a large number of Significant Natural Heritage Areas and over 100 natural heritage element occurrences. The Horsepasture River is a National Wild and Scenic River and a state - designated Natural and Scenic River. The 2008 Savannah River Basin RBRP identified ongoing development and the potential for increased streambank erosion as major stressors within this TLW. The Logan Creek Stream Restoration Project was identified as a stream restoration opportunity that can improve water quality and fisheries habitat within the TLW. Much of the stream length has eroding banks due to lateral migration of the channel. If left alone the development of a stable dimension and pattern at a new floodplain elevation would eventually occur through erosion and aggradation. The restoration approach on Reach 1 of the mainstem is targeted at moving the evolutionary process to a final stable condition quickly. The over -wide channel condition and bank erosion on this Reach will be addressed by the installation of wood based structures that will center the thalweg, improve sediment transport and stabilize failing stream banks. The unstable stream pattern and erosion on the Reach will be improved by grading a new sinuous pattern. Bank stability and habitat improvement will be accomplished by installing log structures in meanders and along riffles. Grading a new cross - section will improve sediment transport while providing improved trout habitat. Reach 2 will be improved using an Enhancement I approach that will include installing wood structures that will center the thalweg and improve sediment transport. Aggradation of sand through this reach is degrading instream habitat so moving this sand through the reach is the primary goal for enhancing this reach. Vegetation along all reaches will be modified to increase diversity by reducing the density of rhododendron and planting a mix of species that root deeply and provide higher quality biomass to the stream to support aquatic food chains. Invasive vegetative which is limited will be removed and reforestation of the riparian buffer with native species will complement the channel restoration. This project site is an appropriate candidate for restoration because significantly more erosion will occur before the channel is able to achieve a stable, quasi - equilibrium state. Most of the project reach appears to have one of two problems: either over - widened with debris jams, aggradation and channel erosion or accelerated meandering and erosion due to a lack of vegetation. These two instability problems are contributing extensive sediment downstream of the project site. Restoration can help stabilize the channel, halt over - widening, establish proper pattern and significantly diminish bank erosion and deposition of sand. The project goals address stressors identified in the TLW and include the following: • Reduce stream sedimentation from stream banks caused by erosion. • Protect riparian areas and features currently contributing important functions to this stream system. • Improve the water quality in the Logan Creek watershed. • Improve aquatic and terrestrial habitat along the project corridor. The project goals will be addressed through the following project objectives: • Restore the existing eroding or over -wide stream reaches by creating a stable channel with access to the floodplain. Page 1 • Improve in -stream habitat by providing a more diverse bedform with riffles and pools, creating deeper pools, providing woody debris for habitat, move sand deposits through the reach and reducing bank erosion. • Establish native stream bank and floodplain vegetation to increase storm water runoff filtering capacity, improve bank stability, provide shading to decrease water temperature, provide cover, improve wildlife habitat and protect this area with a permanent conservation easement. • Improve terrestrial habitat by increasing the density of tree species that root deeply, by thinning the thick stands of rhododendron within the easement area and planting a more diverse native plant community. Page 2 2.0 SITE SELECTION 2.1. Directions to Site The Logan Creek restoration site is located approximately three miles northeast of Cashiers in Jackson County, North Carolina, as shown on Figure 1.1. The project site extends south from the confluence of Logan Creek and an unnamed tributary (Right Prong Logan Creek) downstream to a road culvert at US 64. Stream names used in this report follow those used by the Division of Water Quality; however, locally Logan Creek is known as West Fork Logan Creek and Right Prong Logan Creek is known only as Logan Creek. The site is accessible from US 64 at the Lonesome Valley Company, Inc. development. 2.2. General Site Selection Information The Logan Creek watershed lies in the Savannah River Basin, within North Carolina Division of Water Quality ( NCDWQ) sub -basin 03 -13 -02 and USGS hydrologic unit 03060101010020. The recent land use of the site has been open hay fields and forestry. Historically, the site was used for pasture, timbering, trout farming and as a mink farm. Past land uses created conditions that today are causing the degradation of on -site streams. Logan Creek through the project site is a "blue- line" stream, as shown on the USGS topographic quadrangle for the site (Big Ridge Quadrangle). Based on field evaluations using NCDWQ stream assessment protocols, all of the stream channels proposed for restoration, enhancement, or preservation are perennial, as shown in Appendix A. At Logan Creek, Baker proposes to restore, enhance or preserve 5,131 linear feet (LF) of stream along Logan Creek. 2.2.1. Surface Water Classification/ Water Quality NCDWQ designates surface water classifications for water bodies such as streams, rivers, and lakes. Classifications define the best uses for these waters (e.g., swimming, fishing, and drinking water supply). These classifications are associated with a set of water quality standards to protect their uses. All surface waters in North Carolina must at least meet the standards for Class C (fishable /swimmable) waters. Other primary classifications provide additional levels of protection for primary water contact recreation (Class B) and drinking water supplies (WS). In addition to these primary classifications, supplemental classifications are sometimes assigned to water bodies to protect special uses or values. Logan Creek [ NCDWQ Index No. 3 -13 -2] has the primary classification Class C water and the supplemental classifications of Tr for trout waters and HQW for high quality waters. The HQW supplemental classification is intended to preserve a high level of existing water quality that exceeds state water quality standards. There are both wastewater treatment standards and development controls enforced by NCDWQ on these streams. Logan Creek carries the HQW designation because it is a tributary to the Horsepasture River which is designated as HQW. The Tr supplemental classification is intended to protect habitat for natural trout propagation and survival of stocked trout. This classification primarily affects the quality of permitted discharges and recognizes a 25 foot riparian buffer administered by the Division of Land Quality. Additionally, because this is trout water and located within a "trout water county" it will be subject to a trout water construction moratorium that will be a condition of the 404 permit. This moratorium will limit construction to a period between April 15 and October 15 and will forbid construction during what is considered to be the spawning period for trout. 2.2.2. Physiography, Geology and Soils The project site lies within the Blue Ridge Belt of the Blue Ridge physiographic province of western North Carolina. According to the 1985 North Carolina Geological Survey Map and a 1 degree by 2 degree geologic map of the Knoxville Quadrangle prepared by the USGS (Hadley, and Nelson, 1971, Map 1 -654), the project site is underlain by an intrusive igneous formation of quartz diorite and grandiorite that are middle Paleozoic Era, late Devonian in age. This rock unit is described as gray or white, medium to coarse - grained, generally foliated rock composed dominantly of plagioclase feldspars, muscovite, biotite, quartz, hornblende, plagioclase feldspars and xenocrysts. Page 3 This rock unit along with other rock types of the geographic area (amphibolite and biotite gneiss), weather to form clay -rich saprolite, generally a soft, friable material that often contains relict structures and mineral assemblages from the parent rock material. Due to faster weathering rates on rock in topographically low areas and increased erosion rates in topographically high areas, saprolite in the area tends to be thickest in valley and small coves around Cashiers and thins out as the topography rises to hilltops and ridges. Additional soil characteristics of the site were determined using the Natural Resources Conservation Service (MRCS) Soil Survey data for Jackson County, along with preliminary on -site evaluations to determine any hydric soil areas (USDA 1975). A map depicting the boundaries of each soil type is presented in Figure 2.2. There are four general soil types found within the project boundaries. A discussion of each soil type and its locations given by the NRCS is presented in Table 2.1. Table 2.2 identifies characteristics of each soil series located on the project site and will be referenced in conjunction with the soils descriptions to select appropriate seeding mixes and other vegetative cover. Table 2.1 Project Soil Types and Descriptions Nikwasi Floodplain The Nikwasi series consists of poorly drained and very poorly drained, moderately rapidly permeable soils on flood plains in the Blue Ridge (MLRA 130). These soils formed in recent alluvium consisting of loamy material that is moderately deep to strata of sand, gravel, and/or cobbles. Slope ranges from 0 to 3 percent. Whiteside- Upland valley The Whiteside series consists of very deep, moderately well drained, Tuckasegee moderately permeable soils on colluvial toe slopes, benches, and fans in coves in the Southern Appalachian Mountains. These soils formed in colluvium and alluvium derived from materials weathered from felsic to mafic crystalline rocks such as granite, mica gneiss, and hornblende gneiss. The Tuckasegee series consists of very deep, well drained soils on gently sloping to very steep benches, foot slopes, toe slopes, drainageways, and fans in coves in the Southern Appalachian Mountains. These soils formed in colluvium derived from materials weathered from igneous and metamorphic crystalline rocks such as granite, mica gneiss, hornblende gneiss, and schist. Saunook The Saunook series consists of very deep, well drained, moderately permeable soils on benches, fans, and toe slopes in coves in the Blue Ridge (MLRA 130). They formed in colluvium derived from materials weathered from felsic to mafic, igneous and high -grade metamorphic rocks. Slope ranges from 2 to 60 percent. Cullowhee Valley The Cullowhee series consists of somewhat poorly drained, moderately rapidly permeable soils on flood plains in the Southern Appalachian Mountains. They formed in recent alluvium that is loamy in the upper part and is moderately deep to sandy strata that contain more than 35 percent by volume rock fragments. They are very deep to bedrock. Slope ranges from 0 to 3 percent. Note: NRCS, USDA. Official Soil Series Descriptions (http://ortho.ftw.nres.usda.gov/cgi- bin/osd/osdname.cgi) Soils within the proposed stream restoration areas are primarily mapped as the Nikwasi series by the NRCS in Jackson County. The Nikwasi fine sandy loam is found along the floodplain of Logan Creek and the lower ends of the tributary valleys. The Whiteside - Tuckasegee complex is mapped along the upland Logan Creek Valley, upstream of the proposed restoration reach. The steep slopes along the edges of the downstream Logan Creek valley, just upstream of US 64, are mapped as the Saunook gravelly loam. Soils along the UT5 valley are mapped as Cullowhee fine sandy loam. Bedrock was observed in a few isolated locations in the Logan Creek bed, and numerous outcroppings are visible along the valley walls. Page 4 0J Generally, the depth to bedrock appears to be at least three feet in the Logan Creek floodplain. In areas where shallow bedrock is encountered, the restoration plan will incorporate this bedrock as in -situ grade control. Table 2.2 Low Density Residential 40.26 2.4% High Density Residential 92 Project Soil Type Characteristics Bare Rock/Sand/Clay 32.02 1.9% Pasture Lands 78.46 4.6% Grasslands 12.78 <1% .80) rosion . Deciduous Forest 1293.77 76% ctor O Nikwasi Fine (NkA) 30" 11.50 0.20 4 10.00 Whiteside- Tuckasegee Complex Note: The above was gathered from 2001 U.S. Geological Survey land cover data. Source: htt : / /Seamless.us s. ov/ (WtB) >60" 16.00 0.24 5 9.50 Saunook Gravelly Loam (SaC) > 60" 13.50 0.24 5 6.50 Cullowhee Fine (CwA) 40" 11.50 0.20 3 6.50 Source: NRCS, USDA. Official Soil Series Descriptions (http:/ /websoilsurvey.nres.usda. gov /app /WebSoilSurvey.aspx (http:/ /soildatamart.nres.usda. gov /Default.aspx) 2.2.3. Historic Land Use and Development Trends Except for low density residential development and small portions of land maintained as grassland meadows, the Logan Creek watershed is primarily forested. Less than 10% of land in the Logan Creek drainage is in development while approximately 87% remains forested, as shown in Table 2.3. The Logan Creek drainage, and more specifically the area of this project, has experienced varying degrees of agricultural and aquaculture development for the past 60 to 80 years. The Logan Creek watershed was logged in the 1920's to 1940's, as much of the southern Appalachians were at that time. Since then, portions of the project area have supported apple orchards and livestock, as well as a trout hatchery and mink farm. Currently the project site is being developed as an eco- friendly development called Lonesome Valley. This includes large lots and a significant amount of green- space. The large grasslands or meadows as they are referred to by the developer are maintained as open space and these adjoin Logan Table 2.3 Logan Creek Watershed Land Use/ Land Cover Laud UTse Cate o► Arcs acr Streams /Wetlands 6.23 <1% .40 Low Density Residential 40.26 2.4% High Density Residential 92 <1 % .OS Bare Rock/Sand/Clay 32.02 1.9% Pasture Lands 78.46 4.6% Grasslands 12.78 <1% .80) Forested: Deciduous Forest 1293.77 76% Evergreen Forest 135.36 8% Mixed Forest 39.99 2.4% Shrub /Scrub 57.55 3.4% Note: The above was gathered from 2001 U.S. Geological Survey land cover data. Source: htt : / /Seamless.us s. ov/ Page 5 Creek. The development also has a trail system that runs along the stream and will enter the easement in places. The trails are for foot traffic only, maintain the natural ground surface and conform to the conservation easements intendant of the area being used for quiet enjoyment. The developers are maintaining a 25 foot buffer on all streams other than those included in this project. Non - project streams are protected by community covenants that require no development within a 25 foot buffer of all streams. 2.2.4. Endangered/Threatened Species The U.S. Fish and Wildlife Service ( USFWS) was most recently contacted August 1, 2006 regarding protected species on the project site. A response was received February 21, 2007 from the USFWS concurring with a finding of "no effect" for project impacts to federally listed species located in Jackson County. As a precautionary measure, Baker will consider the effects of construction activities on species under Federal protection in Jackson County and take reasonable measures to avoid direct and indirect impacts during the project. A copy of the correspondence from USFWS and information on the species considered is included in Appendix B. 2.2.5. Cultural Resources A letter was sent to the North Carolina State Historic Preservation Office (SHPO) and Eastern Band of Cherokee Indians' Tribal Historic Preservation Office (THPO), August 1, 2006, requesting a review and comment for the potential of cultural resources in the vicinity of the Logan Creek restoration site. A response was received on August 30, 2006, from the SHPO with a recommendation that a comprehensive survey be conducted due to the project site landscape and proximity to two previously recorded archaeological sites and one architectural site. The THPO also submitted a letter requesting they be contacted for further consultation should further cultural resources data be obtained for the project site. Subsequently, an archaeological survey was completed by Archaeological Consultants of the Carolinas, Inc. in which no significant archeological or architectural resources were located within the project boundaries. Camp Merrie Woode, which is listed on the National Register of Historic Places (NRHP), is located approximately 1.6 km from the Logan Creek project area. However no adverse impacts to the camp are anticipated from the project. On December 1, 2006, the archaeological survey report was submitted to the SHPO and THPO for review. On January 12, 2007, Baker received a letter from the SHPO concurring with findings from the archaeological survey that no further archaeological investigation be conducted in connection with this project. The THPO submitted a concurrence letter on January 24, 2007. A copy of the SHPO and THPO correspondence is included in Appendix C. 2.2.6. Potentially Hazardous Environmental Sites An EDR Transaction Screen Map Report that identifies and maps real or potential hazardous environmental sites within the distance required by the American Society of Testing and Materials (ASTM) Transaction Screen Process (E 1528) was prepared for the site. A copy of the report with an overview map is included in Appendix B. The overall environmental risk for this site was determined to be low. Environmental sites including Superfund (National Priorities List, NPL); hazardous waste treatment, storage, or disposal facilities; the Comprehensive Environmental Response, Compensation, and Liability Act Information System (CERCLIS); suspect state hazardous waste, solid waste or landfill facilities; or leaking underground storage tanks were not identified by the report in the proposed project area. During field data collection, there was no evidence of these sites in the proposed project vicinity, and conversations with landowners did not reveal any further knowledge of hazardous environmental sites in the area. 2.2.7. Potential Constraints Baker assessed the Logan Creek project site regarding potential site constraints. No fatal flaws have been identified during project design development. 2.2.7.1. Property Ownership and Boundary Baker has obtained a conservation easement from Cow Rock Mountain, Inc., for the Logan Creek project area. The easement has been approved by the N. C. State Property Office (SPO) and recorded at the Jackson County Courthouse. Final copies of the easement and plat have been provided to SPO Page 6 0 and to EEP. The easement will allow Baker to proceed with the restoration project and restricts the land use in perpetuity. The landowner will retain the right to establish and maintain a trail for non- motorized use that will pass through the easement in a few areas. The trail base will be maintained with a natural, pervious material such as mulch and shall conform to easement guidelines. The easement area lost to this trial is compensated for by the fact that the easement, on average is much wider than the required 30 foot buffer. The site can be accessed for construction and post- restoration monitoring. Construction access and staging areas will be identified during final design. 2.2.7.2. Utilities No utility easements are present within the conservation easement. There are at least two 100 foot diameter, circular easements that protect wells that adjoin the proposed easement lines. These will not infringe on the conservation easement since for the most part these easement areas will be maintained in a natural condition. 2.2.7.3. Hydrologic Trespass and Floodplain Characterization The FEMA Flood Insurance Rate Map (FIRM) for Jackson County, NC, (Panel Number 3702820175C) indicates that the project is located within a regulatory floodplain, zone "AE ". When this project was originally planned and when originally submitted for EEP approval the floodplain was regulated under zone A and no flood study was expected; however, new maps have come out since that time and now with the change in zoning we anticipate doing a flood study. Based on the design channel dimensions and slope, any change in the BFEs is expected to be minimal ( <1' change). Baker has discussed this project with the local Floodplain Administrator and they do not have any concerns related to the project and have concurred with this assessment and approach. Page 7 RESER 04 -04 -01 LTN1 CREEK 2VOIR j? r S 04 -04-02 LTN2 r l04 -0301 1, FRBt r Project Location caxE rQxaw>gr E i r. 1r 03-13-02 f SAV2 031301 ,- `.� SAV1 { ` Counties Figure 1. Project Location Map NCDWQ Sub -basin USGS Hydrologic Unit Logan Creek Stream Restoration r t� N 0 1 2 3 Jackson County, NC Miles ffixin�r? i �' 11, 2.3. Vicinity Map for Logan Creek Stream Restoration Project. Page 8 40 h �n l 0 r f �.. / u, ,. R J. i i i5i1~Ud^..``- t t i Legend Existing rUagnmcnt Figure 2. Watershed Basin Map O vatersned Boundary Logan Creek Stream Restoration N 1 0 1.000 2.0(}0 Feet �•.... .— t„ —i...,..,.,6— — u.., w.,.,u.,u.,., — Lvrjau �.Iwn, wmr n uao a wamagc aica vi i.vo ayumu iruicw, and Right Prong Logan Creek, which has a drainage area of 1.0 square mile. Page 9 2.5. Soil Survey Map for the Logan Creek Stream Restoration Site. Page 10 2.7. Logan Creek Stream Restoration Site Setting of Logan Creek Stream Restoration Project Stream runs along edge of field and tree line. Taken 9/27/2005. Upper project (--1 +00) near wetland, showing eroded bank and over -wide condition. Taken 12/31/2002. Upper project ( -6 +50) in wooded area showing eroded bank and over -wide condition associated with thick Rhodo. Taken 12/31/2002. Small brown trout observed in Logan Creek. Brook trout have also been observed throughout the stream. Taken 10/10/2006. Overly sinuous area close to station 2 +50, showing cutting bank and tree that has fallen. Taken 2/04/2007. _ Upper project ( -7 +50) in wooded area showing eroded bank and over -wide condition associated with thick Rhododendron. Taken 12/31/2002. Page 12 Forest area showing thick Rhododendron stand. Low germination of hardwoods and minimal protection of banks due to shallow rooting. Taken 10/10/2006. Eroding meander near station 11 +50, along edge of field with few trees to stabilize the stream bank. Taken 2/22/2006. Lower Enhancement I reach near station 40 +50 showing excessive sand deposition and over -wide condition. Taken 2/22/2006. Riparian buffer in forested area showing thick stand of Rhododendron and limited hardwood germination. Taken 10/10/2006. Eroding stream bank near station 19 +50, along edge of field with no trees to stabilize the stream bank and mowin to to of bank. Taken 2/22/2006. 1 r: a End of project (46 +50) at Hwy.64 showing excessive sand deposition, but good riparian vegetation. Taken 2/22/2006. Page Intentionally Left Blank Page 14 0 a 3.0 SITE PROTECTION INSTRUMENT The land required for the construction, management, and stewardship of this mitigation project is entirely contained within property owned by Cow Rock Mountain Inc. (Figure 3.1) and site protection instruments are referenced below and are included in the Appendix A. Cow Rock Mountain Inc. has their property at this development split into various parcels; however, this project was located on only two parcels referenced below. 3.1. Site Protection Instruments Summary Information Page 15 Landowner PIN County Site Protection Instrument Deed Book and Page Number Acreage protected Parcel A Cow Rock 7582 -58- Jackson Original Original Deed of 12.71 A Mountain Inc. 9244 Deed of Easement is in: in three Conservation Book 1720, easement Parcel B Cow Rock 7582 -67- Jackson Easement Page 238 -248 areas. Mountain Inc. 2206 recorded on 02 Jan. 2008 Amendment of Deed is in: Amendment Book 1974, Page to 839 -851 Conservation Easement Plat recorded on recorded on 3 Jan. 2013, in: 12 Feb. 2013 Book 19, Slide 812 The above Plat supersedes the Plat of 28 May 07, in: Book 16, Slide 816 Page 15 *,fit f C ti .a +, a, p i �' y w Kim v 4.0 BASELINE INFORMATION Project Information characteristics Project Name Logan Creek Stream Restoration County Jackson County Project Area (acres) 12.71 acres Project Coordinates (latitude and longitude) Latitude 35.1328030 Longitude - 83.061046° 4.1 Project Watershed Summary Information Physiographic Province Blue Ridge River Basin Savannah River Basin USGS Hydrologic Unit 8 -digit 03060101 USGS Hydrologic Unit 14-digit 03060101010020 DWQ Sub -basin Horse pasture River Project Drainage Area (acres) 1331 A at beginning of project and 1709 A at end of project Project Drainage Area Percentage of Impervious Area <5% CGIA Land Use Classification 76% Deciduous Forest; 8% Evergreen Forest; 4.6% Pasture Land see table 2.3 4.2 Reach Summary Information Parameters Reach 1 Reach 2 UT5 6 small UTs in R1 Length of reach (linear feet) 3,051 1,018 556 503 Valley classification VIII VIII II H Drainage area (acres) 1585 1709 117 16 — 52 acres NCDWQ stream identification score 52.5 52.5 32.5-41.5 38-48 NCDWQ Water Quality Classification Q Tr: + HQW Q Tr: + HQW C; Tr: + HQW C; Tr: + HQW Morphological Description stream type) C C B to C B to C Evolutionary trend C -E C -E B -C B -C Underlying mapped soils NkA SaC NkA & SaC NkA Drainage Gass Poorly drained and very poorly drained soils Very deep, well drained mod. Permeable soils See other notes to the side Poorly drained and very poorly drained soils Soil Hydric status Non H dric Non H dric Non H dric Non H dric Slope 0 -3% 2 -60% 0 -60% 0 -3% FEMA classification AE AE AE No classification Native vegetation community Mixed Forested/ Rhododendron and grassland Mixed Forested/ Rhododendron and grassland Mixed Forested/ Rhododendron Mixed Forested/ Rhododendron Percent composition of exotic Invasive vegetation <1% <1% <1% <1% 4.3 Regulatory Considerations Regulation Applicable? Resolved? Supporting Documentation Waters of the United States — Section 404 Yes To Be Permitted Waters of the United States — Section 401 Yes To Be Permitted Endangered Species Act No Yes USFWS letter 2/21/07 Historic Preservation Act No Yes SHPO & TIPO letters Coastal Zone Management Act (CZMAy Coastal Area Management Act CAMA NO N/A N/A FEMA Floodplain Compliance Yes Will seek local flood lain permit No Rise Cert. I Essential Fisheries Habitat No I N/A N/A Page 17 Page Intentionally Left Blank Page 18 0 0 0 5.0 DETERMINATION OF CREDITS Mitigation credits presented in these tables are projections based upon site design. Upon completion of site construction the project components and credits data will be revised to be consistent with the as-built condition. Logan Creek Stream Restoration, Jackson County EEP Project Number 92515 Mitigation Credits Stream Riparian Wetland Non - riparian Wetland Buffer Nitrogen Nutrient Offset Phosphorous Nutrient Offset Type R E R RE R RE Totals 4,249 Project Components Project Component -or- Reach ID Stationing/Location Existing Footage/Acreage Approach (PI, PII etc. ) Restoration -or- Restoration Equivalent Restoration Footage or Acreage Mitigation Ratio Logan Creek Reach 1 0 +00 to 31 +00 3650 PI Restoration 3051 1:1 Logan Creek Reach 2 31 +64 to 41 +82 1050 Enhancement 1 1050 1.5:1 UT 1 Confluence at 0 +50 56 Enhancement 1 56 1.5:1 UT 2 Confluence at 5 +25 84 Enhancement 1 82 1.5:1 UT 3 Confluence at 12 +50 47 0 PI Enhancement 1 Restoration 47 115 1.5:1 1:1 UT 4 Confluence at 16 +75 66 Enhancement 1 66 1.5:1 UT 5 Confluence at 35+75 560 Preservation 560 5:1 UT 6 Confluence at 8 +50 14 PI Restoration 104 1:1 Component Summation Restoration Level Stream linear feet) ) Riparian Wetland (acres) Non-riparian Non - rip Wetland acres(square Buffer feet) Upland (acres) Riverine Non- Riverine Restoration 3270 Enhancement Enhancement 1 1301 Enhancement II Creation Preservation 560 High Quality Preservation Page 19 ,Ilk 19M Ak- 411� 4t, 6.0 MITIGATION WORK PLAN 6.1. Description of target stream and plant communities 6.1.1 Existing Channel Geomorphic Characterization and Classification Baker performed representative longitudinal profile and cross - section surveys of the existing stream reaches to assess the current condition and overall stability of the channels. Baker also collected substrate samples to characterize stream sediments. The following sections of this report summarize the survey results and characterize existing conditions. Surveyed cross sections, results and analysis of sediment sampling are included in Appendix C, as well as an illustration of the locations of cross - section surveys on the project reaches. Logan Creek Mainstem Table 7.1 summarizes the geomorphic parameters of the mainstem of Logan Creek within Reach 1 and 2. In general, the bedform diversity of Logan Creek is fair with some pool habitat in existing meanders and around woody debris. Most pools are scour features associated with woody debris laying over or in the channel and debris buried in the substrate. Most of the stream bed is shallow and is best described as a riffle with a few runs. Low velocity areas of the channel are primarily composed of large sand particles and small gravel. Higher velocity pools and runs have some small cobble and gravel. The project reach can be described as a gravel bed stream based on stream bed sampling at Logan Creek. Table 7.2 shows the average size of sediment sampled at various locations within the Reach 1. Logan Creek flows through a locally broad, alluvial floodplain characteristic of a Rosgen Valley Type VIII. Alluvial terraces typically present in a Valley Type VIII are low elevation rises and are observed in a few places along Logan Creek; however historic agricultural manipulation of the floodplain has likely altered the topography. The overall valley slope is 0.0045 ft /ft. Within the project limits, Logan Creek is predominately classified as a Rosgen stream type C4. However, some areas of the channel demonstrate Rosgen stream type E4 characteristics and indicate that the stream either was an E in the past or is evolving into this stream type. Existing natural and anthropogenic impacts have caused a shift away from the more stable E channel. Table 6.1 Representative Geomorphic Data for Logan Creek- Stream Channel Classification Level II Feature Type Riffle Run Riffle Pool Bankfull Width (Wbkf) 38.7 36.0 34.9 80.96 Feet Bankfull Mean Depth (dbkf) 1.51 1.55 1.56 1.6 Feet Cross - Sectional Area (Abkf) 58.4 55.8 54.2 55.8 Sq. ft. Width/Depth Ratio (W/D ratio) 25.7 23.2 22.4 23.2 Bankfull Max Depth (dbkf) 3.42 2.94 2.3 2.9 Feet Floodprone Area Width (Wfpa) >150 122 74.0 >150 Feet Entrenchment Ratio (ER) >5 3.4 2.12 >5 Bank Height Ratio (BHR) 1.45 1.6 1.86 1.1 Water Surface Slope (S) .0032 .0012 .0026 .0002 Feet per foot Channel Sinuosity (K) 1.16 1.25 1.25 1.60 Rosgen Stream Type C4 C4 C4 C4 Page 21 The mainstem project reach of Logan Creek starting at station 0 +00 and extending to US 64 has been divided into two reaches which are described in Table 7.3. Reach divisions were based on an assessment of need and the proposed actions being either Restoration or Enhancement I. Stationing is based on the proposed channel and does not align with the existing thalweg. In the following description reference is made to stationing on the proposed alignment and locations on the existing channel are approximate. Future development by Lonesome Valley is planned for this watershed and could impact the existing high quality. However, they are committed to maintaining the 25 foot buffer in a natural condition and areas within the project limits will have at least a 30 foot buffer and in many locations it will be wider. Reach 1 (Restoration) Reach 1 extends approximately 3,05 1. The left bank below the pond in the area of station 0 +00 is vegetated by shrubs and herbaceous species with a few trees. The reach is unusually straight and may have been straightened in the past to develop a trout hatchery facility which was formally in the area that is now a pond. This reach has been impacted by beavers occasionally as a number of beaver dams have been built in this reach over the past few years. This has caused the channel to erode in a number of places, resulting in an over -wide condition and the channel continues to be diverted into the bank between stations 0 +00 and 2 +00. The slope in this area of the reach is .0029. The steepest slope (.0064 ft/ft) within the reach is between station 2 +00 and 9 +50. This relative steep profile is caused by debris jams, over - widening and sediment deposition punctuated by short, steep drops at the downstream ends of the debris jams. The banks are eroding between station 2 +50 and 6 +00. In part this is due to an unstable pattern and over -wide cross - section, and these conditions are exacerbated by logjams and past beaver activity. Similar problems are also causing degradation and bank erosion between stations 6 +00 and 10 +00. Within this reach the channel is exceptionally over - wide and a large debris jams has formed at approximately station 8 +50. This appears to back water up during storm flows causing the channel to aggrade. Much of the woody debris associated with these blockages is rhododendron branches that have fallen in, entire plants that have been washed out of the bank and more recently includes limbs and tree trunks from dead and dying hemlocks. Between station 3 +50 and 10 +00 rhododendron plants are so thick that they have limited germination of tree species. Because rhododendrons are not deeply rooted and shade out herbaceous species, they do not stabilize the stream bank and allow for rapid erosion during storm flows. This is a critical issue now as large numbers of hemlock have died out along the stream and there is a need for hardwoods to replace these lost trees. Beginning at approximately station 11+00 the right bank is a grass meadow with a few trees and shrubs. The left bank continues to have thick rhododendron down to station 22 +00 where it is also a grassed meadow with a few trees along the edge of the stream. At three sites along this reach (Station Page 22 12+00, 10 +00 and 25 +00) the stream is overly sinuous. In each of these cases the stream is flowing up- valley, resulting in excessive erosion and setting up the possibility for an avulsion to occur. Station 12 +00 is proposed to be restored with a new extension of UT3 when the bypassed meander is converted to a vernal pool. Between stations 17 +00 and 24 +50 the channel appears to be straighter than one would expect given the low slope. It may be that in the past, the stream was straightened over this length to increase farming opportunities in the adjoining fields. Just downstream of station 25 +50 (on existing channel) the existing channel flows into and along a steep, eroding right bank. Downstream of this bank the channel is a long riffle to the end of Reach 2 at station 31+00. The channel bed particle size through this reach is similar to the reach wide description in Appendix C; however, there are areas within this reach were bedrock is exposed. Five unnamed tributaries enter Logan Creek along this reach. From station 27 +50 to 28+00 there is a fifty foot reach that is excluded from the easement so that the developer can construct a trail crossing of the creek. The reach ends just upstream of the Lonesome Valley development's timber bridge which has been excluded from the easement. Reach 2 (Enhancement I) Reach 2 begins just downstream of the timber bridge and extends 1,050 LF downstream and ends at station 41 +82, just above a culvert crossing under US64. The slope of this reach is the lowest of the three reaches at .0021. This relative flatness appears to be related to logjams through the reach and this has caused sand to be deposited on the stream bed throughout the reach. Sand is the primary particle size in this reach, though gravel and bedrock are present in to a limited degree. Aggradation from the deposited sand appears to have caused the bed to rise and resulting in lower bank heights. Thick stands of rhododendron and dog hobble are present at two locations along this reach but in general the vegetation of this reach is more diverse than what is seen upstream. Bank erosion is a problem between station 34+00 and 35 +50 due to a logjam diverting water into the bank and in the area of station 37 +00 where the channel meanders against a steep bank. In this reach the channel becomes over -wide in at least three different locations. This appears to be associated with log jams that have caused erosion of the banks. In these areas the water is very shallow and provides little habitat value. The largest tributary within the project reach (UT5) enters Logan Creek at station 35 +75. Unnamed Tributaries Along the project reach near stations 0 +50 (UT1), 5 +75 (UT2), 8 +50 (UT6), 12 +50 (UT3), 16 +75 (UT4) and 35 +75 (UT5), six unnamed tributaries enter Logan Creek. These tributaries range in their drainage area size from 0.025 sq. mi. to 0.18 sq. mi and range in length within the easement from 14 LF to 535 LF. All of these tributaries are less than 6 feet in bankfull width but all are perennial within the project area and all have bed material of silt or sand and are well forested. UT3 and UT6 both have reaches that are proposed for restoration. The proposed reaches where restoration will be conducted are presently within the existing mainstem channel. Because the mainstem is being moved away from the existing confluences with these two tributaries, these channels will be extended in newly constructed channels, generating the reaches for which we are requesting restoration credit. 6.1.2 Vegetation and Habitat Descriptions The habitat within and adjacent to the proposed project area consists of a Montane Alluvial Forest and a Montane Oak- Hickory Forest as described by Schafale and Weakley (1990). The riparian areas ranged from minor disturbance to very disturbed. A general description of each community follows. Montane Alluvial Forest This ecological community covers approximately 85% of the project area and is located on large alluvial floodplains adjacent to Logan Creek. The riparian buffer varied from narrow corridors of 5 to 15 feet in width at mid -reach to broad corridors exceeding 50 feet in width at the upstream and downstream project limits. The dominant canopy species of the montane alluvial forest area Page 23 included eastern hemlock (Tsuga canadensis), red maple (Acer rubrum), yellow birch (Betula alleghaniensis), white oak (Quercus alba), northern red oak (Quercus rubra), white pine (Pinus strobus), and tulip poplar (Liriodendron tulipifera). Understory and shrub species consisted of rhododendron (Rhododendron spp.), mountain laurel (Kalmia latifolia), sourwood (Oxydendrum arboretum), black cherry (Prunus serotina), witch -hazel (Hamamelis virginiana), brook -side alder (Alnus serrulata), fetterbush (Leucothoe fontanesiana), elderberry (Sambucus canadensis), broad - leaved viburnum (Viburnum cassinoides), and yellow -root (Xanthorhiza simplicissima). Herbaceous species consisted of Christmas fern (Polystichum acrostichoides), woodfem (Dryopteris spp.), wild hydrangea (Hydrangea arborescens), golden -rod (Solidago spp.), smartweed (Polygonum spp.), trillium (trillium spp.), violets (Viola spp.), and club moss (Lycopodium spp.). Montane Oak - Hickory Forest This ecological community is located on the steep hillsides along the left bank of Logan Creek, and is an upland transition from the Montane Alluvial Forest. This ecological community covers approximately 15% of the project area. The dominant canopy species included white oak (Quercus alba), northern red oak (Quercus rubra), chestnut oak (Quercus montana), mockemut hickory (Carya alba), pignut hickory (Carya glabra), mountain maple (Acer spicatum), white pine (Pinus strobus), yellow birch (Betula alleghaniensis), and eastern hemlock (Tsuga canadensis). Understory and shrub species consisted of American chestnut (Castanea dentata), rhododendron (Rhododendron spp.), mountain laurel (Kalmia latifolia), sourwood (Oxydendrum arboretum), flowering dogwood (Cornus florida), American holly (Ilex opaca), witch -hazel (Hamamelis virginiana), viburnum (Viburnum cassinoides), huckleberry (Gaylussacia spp.), blueberry (Vaccinium spp.), and yellow Bakereye (Aesculus octandra). Herbaceous vegetation is generally sparse and included Christmas fern (Polystichum acrostichoides), New York fem (Thelypteris noveboracensis), hayscented fern (Dennstaedtia punctilobula), wild hydrangea (Hydrangea arborescens), golden -rod (Solidago spp.), galax (Galax aphylla), and club moss (Lycopodium spp.). Disturbed Areas At mid -reach of the project area, degraded riparian areas are present and consist of buffer widths ranging from 0 to 10 feet. A mowed lawn is adjacent to the riparian areas and herbaceous plant species consist of fescue (Fescue spp.), lamb's ear (Stachys lanata), arrow -leaf sida (Sida rhombifolia), buttercups (Ranunculus spp.), clovers (Trifolium spp.), and fennel (Foeniculum spp.). Some invasive species in and around the riparian buffer consisted of multi -flora rose (Rosa mul fora), and Japanese honeysuckle (Lonicera japonica). 6.2 Narrative of Data Analysis and Design Parameters 6.2.1 Reference Streams In an effort to determine suitable reference data for the design we employed the NCDOT reference reach database, identified a reference reach within the watershed and collected dimensional data from stable cross sections within the project reach. Reference reach geomorphic data, surveyed cross sections, photos and profile data are included in Appendix C, part C. One undisturbed reference reach was found within the same watershed as the project site and surveyed for reference conditions. Additionally, the NCDOT database was reviewed for applicable reference reach streams. No existing reference reach steams exist in this database for the Savannah drainage, so we evaluated those sites that were closest to the project site. Two additional sites with streams of similar type and substrate were chosen as appropriate reference reaches for the Logan Creek Restoration. The Right Prong reach is approximately .5 mile upstream of the project reach and has a watershed of .83 square miles. It is similar in slope, stream type, substrate and riparian vegetation. Baker conducted a survey of approximately 150 LF encompassing one pool and one riffle cross section. Page 24 This data, along with that of the NCDOT database and on -site stable cross sections, were used to determine the design parameters. 6.2.2 Design Criteria Selection and Data Analysis for Stream Restoration Selection of natural channel design criteria is based on a combination of approaches including review of reference reach databases, hydraulic modeling, sediment transport predictions, and evaluation of results from past projects. Descriptions of the data analysis performed as part of the Logan Creek design process are located in Appendix C, part D. Selection of a general restoration approach was the first step in selecting design criteria at the Logan Creek site. The approach was based on the reach's potential for restoration, as determined during the site assessment. After selection of the general restoration approach, specific design criteria were developed so that the plan view layout, cross - section dimensions, and profile could be described for each reach, for the purpose of developing construction documents. The design philosophy at the Logan Creek site is to use average values for the selected stream type when designing dimension and profile and to work within the ranges expected for the selected stream type with regards to pattern and in- stream structures used. This approach should allow for maximum diversity of pattern and habitat while maintaining stable pools and riffles. Extreme variation in form will develop over long periods of time under the processes of flooding, re- colonization by vegetation, and geologic influences. After examining the existing conditions, recognizing the potential for restoration, and reviewing reference reach data, design criteria were developed. Assigning an appropriate stream type for the corresponding valley that will accommodate the existing and future hydrologic and sediment contributions was considered conceptually prior to selecting reference reach streams. Design criteria for the proposed stream were selected based on the range of the reference data and the desired performance of the proposed channel. Following initial application of the design criteria, detail refinements were made to accommodate the existing valley morphology, to avoid encroachment of property boundaries and the valley wall, to minimize unnecessary disturbance of the existing large trees, and to promote natural channel adjustment following construction. The proposed design rationale for the project is summarized in Table 7.4. Table 7.4 Project Design Stream Types and Rationale A Restoration approach will be used to establish a stable, sinuous channel with greater pool habitat. Over -wide sections will be narrowed to improve depth and sediment transport. Eroding banks will be stabilized by correcting pattern and Ke irh I C4 by installing wood/log based structures that direct flow to the thalweg and improve aquatic habitat. Constructed channels will provide connectivity to floodplains. Forest diversity and bank stability will be improved by reducing the extent of rhododendron coverage, eliminating nonnative vegetation and planting diverse tree, shrub and herbaceous species. An Enhancement I approach will be used to move aggraded sediment through the channel and to improve sediment transport through the reach. The thalweg Reach 2 C4 will be centered using log structures to reduce erosion, address several over - wide areas and improve habitat. Use of the existing channel will limit grading and disturbance. Where necessary, trees will be planted to provide bank stabilization, shading and vegetative diversity. UTI, UT2, An Enhancement I approach will be used to stabilize existing short segments of UT3(partial), C4 /E these tributaries within the easement. Log or rock drop structures will be used UT4, UT6 to provide grade control and to ensure that the new confluence with the restored Page 25 Table 7.4 Project Design Stream Types and Rationale (partial) main channel does not cause head cutting or other instability issues on these tributaries. A Restoration approach will be used on approximately 100 LF segments of these two tributaries. This is required because both will need to be extended U73(partial), C4 /E this length to reach the new channel of Logan Creek. Restoration will only be UT6 (partial) applied to these two new segments on tributaries. They will be stabilized with structures to ensure no instability is created between the existing channels and the new mainstem. This stream will be preserved in its pristine condition. No work will be done on UT5 E5 this channel, other than the potential of it being crossed to access the lower reach of the mainstem. If this is needed it will be restored to its existing condition at the crossing. 6.2.3 Design Parameters The primary objective of the restoration design is to construct a stream with a stable dimension, pattern, and profile that has access to its floodplain at bankfull flows while enhancing riparian and aquatic habitat. The philosophy applied by Baker through the Logan Creek project reach consisted of creating a low width -depth ratio C -type channel with the expectation that it will naturally adjust toward a narrower E -type channel over time as the riparian buffers become more established. The proposed design for the entire project reach is shown in Appendix C, part D and is presented in more detail on the plans. Dimension Throughout the entire proposed design, the cross - section dimensions were adjusted to reduce velocities and near -bank shear stress during storm flows. Channel width was designed to maintain velocities that will move small grain particles through the reach and avoid aggradation. The selected cross section dimensions provide access to the floodplain by storm flows greater than bankfull. The lower end of the width -depth ratio for a C -type channel was chosen (11.6) so that the channel may easily narrow to a lower width -depth E -type morphology over time. Low width -depth ratio channels maintain their steep banks by high root densities. They are difficult to construct due to having very little root mass immediately after construction, which results in high risk of instability in the short term. The proposed channel has low sloping banks that are more stable and will allow for sediment build up and plant colonization, leading to a future low width -depth channel. A low bank height ratio (BHR) of 1.0 was designed so the channel has access to the floodplain during events having flows in excess of bankfull. Typical cross sections are shown on the attached plan sheets. Pattern The proposed channel alignment on Reach 1 will decrease the stream length and thus sinuosity slightly; the stream length in Reach 2 will be essentially unchanged. This reduction in stream length represents pattern changes that remove overly sinuous meanders. Higher meander width ratios on the restored channel were intended to allow for lateral dissipation of energy and provide a floodplain sufficient for future natural channel development. A wide range of radii of curvature were used in the design to allow for connecting to sections of existing channel, to avoid as many Page 26 large trees as possible and to provide diversity of pattern. Plan views of the main channel are shown on the attached plan sheets. ProfileBedform Although moderately functional and somewhat stable, the channel profile of the existing mainstem is lacking sufficient overall bedform diversity. During the construction of the proposed channel, cross section dimensions will be achieved first, followed by structure placement and facet development to mimic characteristics of the reference conditions. Average channel slope for the total reach is .0035 which is a increase from the existing reach -wide slope of .0047. This reflects the change in channel length. Riffles throughout the design reaches are between .6 and 2.0 times the average slope of the channel. The low riffle slopes are associated with connecting to existing ground sections were profile will not change. Design riffle slopes are usually between 1.5 and 2 times average slope. The maximum pool depth is proposed to be constructed from five feet upstream of the meander curve apex to a point 10 feet along the profile from the apex were a glide will begin to the head of the next riffle. Structural modifications to the existing profile will be done primarily with log structures rather than rock structures because large rock is fairly rare in this channel and large woody debris is common. Design Reaches A stable cross - section will be achieved by narrowing the channel where it is over -wide and laterally unstable and decreasing the width/depth ratio. In other sections stability will be enhanced by producing a cross - section with banks that are low sloping and the sinuosity will be increased by adding meanders to lengthen the channel and increase the area of deep water habitat. Grade control at the bed is not a major concern at this site due to the very low slope of the valley and the occasional presence of bedrock knick points. A variety of in -stream log structures will be used to enhance stability and improve habitat. These structures include log cross -vanes, log vanes, log step structures and randomly embedded logs. Bioengineering and in- stream structures will be used at the outside of meander bends (including root wads, vegetated geo -lifts, bunkers, log vanes and cover logs) to promote additional bank stability and improve habitat. A discussion of the project structures that are proposed in this design is presented in Appendix C, part D. Reach 1 is approximately 3,051 LF in length (not including sections excluded from the easement) and begins just below a pond, shown on the attached plan sheets as station 0 +00. This reach is designed as a C4 -type stream and involves Restoration level work with the construction of a new sinuous channel that meanders back and forth across the existing channel and utilizes short sections of the existing channel. Sinuosity through this reach was designed to avoid as many existing large trees as possible. At four different locations along the proposed channel the design alignment will abandon existing small radius meander bends that are flowing up- valley (area of 2 +50, 12+00, 14 +50 and 25 +50) and construct a more stable pattern with larger radius meanders. Once stabilized with vegetation these should provide a better long -term pattern. Reach 2 includes the final 1,050 LF of the project and begins below the bridge where Reach 1 ends and continues to the end of the project at US 64. The pattern over this reach is not being altered significantly. As stated above in section 7. 1.1 the primary issue through this reach is deposition of sand which has covered most gravel or larger rock and has aggraded to a point that the banks in this area are appear lower. Alterations to dimension and profile will be those that reduce stream width, improve sediment transport and improve aquatic habitat. To this end a variety of in -stream structures will be installed in this reach including log cross vanes, log vanes, and a hanging cover logs. All of these structures will be installed to improve sediment transport and develop more pool habitat within the reach. UT5 is the longest tributary that is included within the project area, being 535 linear feet, with a small unnamed tributary to it within the easement that is 25 linear feet in length. This tributary is in Page 27 pristine condition and will be preserved within the conservation easement. No work will be performed on this channel. UT 3 joins Logan Creek in the area of 15 +90 and UT 6 joins at 8 +50 both of these tributaries will have their channels extended to confluence with the mainstem. Restoration credits are proposed on these new segments. The abandonment of the small radius bend where UT 3 enters Logan Creek requires that UT 3 be lengthened to reach the new mainstem alignment. The additional section to be added to UT 3 will be created by the restoration of a portion of the abandoned meander bend as a smaller channel. A small vernal pool will be constructed in this abandoned meander bend. UT3 will be connected to this pool and then a new section of channel will be constructed to connect to the mainstem. UT5 is a small channel that begins in a wetland/spring area and presently runs only about 14 feet before entering on the right bank of the mainstem. We are proposing to move the mainstem to the left and this will require extending UT6 about 100 feet to this new channel. These two unnamed tributaries are the only tributaries on which we are seeking restoration credit. Short segments of four other unnamed tributaries (UT 1, UT2, UT3 (partial) and UT4) are included in the project and will be restored using an Enhancement I level of improvement. This will primarily include protection within the easement area and grade control structures added to the channel within the easement area to create a stable transition from the existing channel into the new mainstem. Structural improvements will also provide grade control so that any changes on the mainstem do not cause instability upstream on these tributaries. Vegetation improvements will also be made as described below. 6.2.4 Natural Plant Community Restoration Native riparian vegetation will be established in the restored stream buffer. Also, any areas of invasive vegetation such as multiflora rose and Japanese honeysuckle will be eradicated so as not to threaten the newly - established native plants within the conservation easement. Rhododendron Control The riparian buffer along the upper part of the Reach 2 has a very thick stand of Rhododendron maximum. The density of the 10 to 15 foot high shrubs is having an adverse impact on the riparian zone and stream channel of Logan Creek. The dense stands of evergreen rhododendron appear to be shading out small trees that attempt to germinate and grow under their canopy. This has resulted in a forest with a few large, older trees but few young trees to replace them. Aquatic populations depend on inputs of large woody debris so any factor that limits the growth of tree species is detrimental to the overall health of the system (Flebbe and Dolloff 1995). This has impacted the stability of the creek banks because rhododendrons are a shallow rooted species. They do not create the root mass needed to provide stability to the stream banks and they are out - compering more deeply rooted hardwood tree species. As limbs from the plants die and fall into the channel or when plants are washed out of the banks they form dense debris jams that further increase channel instability. Rhododendrons are also a less desirable stream side species because their leaves do not easily decompose, limiting their support of aquatic food chains. Riparian buffer management along this reach will include reducing the density of rhododendron within 20 feet of the stream bank. We will cut back the existing plants within this area and mechanically remove unwanted plants. Many of these will be transplanted to other areas along the channel; however, some will be destroyed. Other more low growing species, such as yellow root and dog hobble, will be planted or transplanted to this area. We will also plant tree species that will grow to varying mature heights within this buffer area. The long -term goal of this management plan is to increase vegetative diversity within the buffer zone, increase stream bank stability with deeply rooted species and promote the growth of species that will provide shade, high quality leaf litter and terrestrial wildlife habitat. Page 28 Stream Buffer Vegetation A 30 -foot buffer measured from the top of banks (sometimes slightly less and quite often, substantially more, on average 45 feet) will be established along the restored stream reaches. This buffer area will be protected by a conservation easement. Plantings in the buffer area will include bare -root, balled and burlap, seedlings and transplanted trees and shrubs. Vegetation will be planted at a target density of 500 stems per acre, with trees being planted on a minimum 10 -foot spacing and shrubs on a 6 -foot spacing. Live stakes will also be planted along the stream banks on a 3 -foot spacing. The proposed species to be planted are listed in Appendix C, Part E, Table 2. Planting of bare -root trees and live stakes will be conducted during the first dormant season following construction. If construction activities are completed in summer /fall of a given year, all vegetation will be installed prior to the start of the growing season of the following calendar year. Species selection for re- vegetation of the site will generally follow those suggested by Schafale and Weakley (1990) and tolerances cited in the US Army Corps of Engineers (Corps) Wetland Research Program (WRP) Technical Note VN- RS -4.1 (1997). Tree species selected for stream restoration areas will be generally weakly tolerant to tolerant of flooding. Weakly tolerant species are able to survive and grow in areas where the soil is saturated or flooded for relatively short periods of time. Moderately tolerant species are able to survive in soils that are saturated or flooded for several months during the growing season. Flood tolerant species are able to survive on sites in which the soil is saturated or flooded for extended periods during the growing season (WRP, 1997). Observations will be made during construction regarding the relative wetness of areas to be planted. Planting zones will be determined based on these observations, and planted species will be matched according to their wetness tolerance and the anticipated wetness of the planting area. Live stakes will be installed at least three feet apart using triangular spacing at a density of 60 to 100 stakes per 1,000 square feet along the stream banks. Site variations may require slightly different spacing. Transplanted material may be used in the place of live stakes when possible. Permanent seed mixtures will be applied to all disturbed areas of the project site. Appendix C, Part E, Table 3 lists the species, mixtures, and application rates that will be used. Mixtures will include temporary seeding (rye grain or browntop millet). The permanent seed mixture will be applied to all disturbed areas of the restored stream channel and is intended to provide rapid growth of herbaceous ground cover and biological habitat value. The species provided are deep - rooted and have been shown to proliferate along restored stream channels, providing long -term stability. Temporary seeding will be applied to all disturbed areas of the site that are susceptible to erosion. These areas include constructed streambanks, access roads, side slopes, and spoil piles. Temporary seeding will done with a millet species, most likely browntop, applied at a rate of 40 pounds per acre. In addition to seeding, Baker will mulch all bare ground areas after they are seeded with both temporary and permanent seed mixtures to further ensure the establishment of sufficient ground cover to meet requirements, in a short period of time and to reduce soil movement. To further address the need to control erosion on site we will install silt fence, temporary construction access, staging areas, temporary stream crossings and temporary check dams as needed and shown on the plan set. The locations as shown on the plans appear the most appropriate at this time but the final location may change based on field conditions, needs and landowner preferences. On -site Invasive Species Management The site has some limited amount of multiflora rose (Rosa multiflora), and Japanese honeysuckle (Lonicera japonica) on the floodplains along Logan Creek. These plants will be mechanically removed during construction and destroyed. These populations will be monitored to evaluate if they begin to reestablish. If these species persist after removal, individual plants will be treated with a direct application of herbicide and monitored to insure they are completely eradicated. Page 29 Areas of infestation by these invasive species will be monitored to insure they do not threaten the newly - planted riparian vegetation by becoming reestablished. Page 30 7.0 MAINTENANCE PLAN Baker shall monitor the site on an annual basis and shall conduct a physical inspection of the site a minimum of once per year throughout the post - construction monitoring period until performance standards are met. These site inspections may identify site components and features that require routine maintenance. Routine maintenance should be expected most often in the first two years following site construction and may include the following: Component/Feature Maintenance through project close -out Routine channel maintenance and repair activities may include chinking of in- stream structures to prevent piping, securing of loose Stream coir matting, and supplemental installations of live stakes and other target vegetation along the channel. Areas where stormwater and floodplain flows intercept the channel may also require maintenance to prevent bank failures and head-cutting. Vegetation shall be maintained to ensure the health and vigor of the targeted plant community. Routine vegetation maintenance and repair activities may include supplemental planting, pruning, Vegetation mulching, and fertilizing. Exotic invasive plant species shall be controlled by mechanical and/or chemical methods. Any vegetation control requiring herbicide application will be performed in accordance with NC Department of Agriculture (NCDA) rules and regulations. Site boundaries shall be identified in the field to ensure clear distinction between the mitigation site and adjacent properties. Site Boundary Boundaries may be identified by fence, marker, bollard, post, tree - blazing, or other means as allowed by site conditions and/or conservation easement. Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced on an as needed basis. Road Crossing, Trail Crossings Road crossings within the site may be maintained only as allowed and Trails by Conservation Easement or existing easement, deed restrictions, rights of way, or corridor agreements. Stormwater Management Storm water management devices will be monitored and maintained Device per the protocols and procedures defined by the NC Division of Water Quality Storm Water Best Management Practices Manual. Page 31 Page Intentionally Left Blank Page 32 8.0 PERFORMANCE STANDARDS The stream restoration success criteria for the project site will follow accepted and approved success criteria presented in recent restoration and mitigation plans developed for numerous NCEEP full deliver projects, as well as the Stream Mitigation Guidelines issued in April 2003. Specific success criteria components are presented below. 8.1. Stream Monitoring Channel stability and vegetation survival will be monitored on the project site. Post - restoration monitoring will be conducted for five years following the completion of construction to document project success. Geomorphic monitoring of restored stream reaches will be conducted for five years to evaluate the effectiveness of the restoration practices. Monitored stream parameters include stream dimension (cross sections), pattern (longitudinal survey), profile (profile survey), and photographic documentation. The methods used and any related success criteria are described below for each parameter. Bankfull Events The occurrence of bankfull events within the monitoring period will be documented by the use of a crest gage and photographs. The crest gage will be installed on the floodplain within 10 feet of the restored channel. The crest gage will record the highest watermark between site visits, and the gage will be checked each time there is a site visit to determine if a bankfull event has occurred. Photographs will be used to document the occurrence of debris lines and sediment deposition on the floodplain during monitoring site visits. Two bankfull flow events in separate years must be documented within the 5 -year monitoring period. Otherwise, the stream monitoring will continue until two bankfull events have been documented in separate years. Cross Sections Two permanent cross sections will be installed per 1,000 linear feet of stream restoration work, with one located at a riffle cross - section and one located at a pool cross - section. Each cross - section will be marked on both banks with permanent pins to establish the exact transect used. A common benchmark will be used for cross sections and consistently used to facilitate easy comparison of year -to -year data. The annual cross - section survey will include points measured at all breaks in slope, including top of bank, bankfull, inner berm, edge of water, and thalweg, if the features are present. Riffle cross sections will be classified using the Rosgen Stream Classification method. There should be little change in as-built cross sections. If changes do take place, they should be evaluated to determine if they represent a movement toward a more unstable condition (e.g., down - cutting or erosion) or a movement toward increased stability (e.g., settling, vegetative changes, deposition along the banks, or decrease in width/depth ratio). Cross sections will be classified using the Rosgen Stream Classification method, and all monitored cross sections should fall within the quantitative parameters defined for channels of the design stream type. Longitudinal Profile A longitudinal profile will be surveyed immediately after construction and once every year thereafter for the duration of the five -year monitoring period. The as-built survey will be used as the baseline for year one monitoring. Representative 3,000 LF segments of the restored Logan Creek project reach will be surveyed. Measurements will include thalweg, water surface, bankfull, and top of low bank. Each of these measurements will be taken at the head of each feature (e.g., riffle, pool) and at the maximum pool depth. The survey will be tied to a permanent benchmark. The longitudinal profiles should show that the bedform features are remaining stable; i.e., they are not aggrading or degrading. The pools should remain deep, with flat water surface slopes, and the riffles should remain steeper and shallower than the pools. Bedforms observed should be consistent with those observed for channels of the design stream type. Page 33 Bed Material Analyses Pebble counts will be conducted for at two permanent cross - sections (100 - counts per cross - section) one in each project reach. Pebble counts will be conducted immediately after construction and at a two -year interval thereafter (years three and five) during the five year monitoring period. Pebble count data will be plotted and compared with data from previous years. Photo Reference Sites Photographs will be used to visually document restoration success. Reference stations will be photographed following construction and continued annually for at least five years. Photographs will be taken from a height of approximately five feet. Permanent markers will be established to ensure that the same locations (and view directions) on the site are monitored in each monitoring period. Lateral reference photos. Reference photo transects will be taken at each permanent cross - section. Photographs will be taken of both banks at each cross - section. The survey tape will be centered in the photographs of the bank. The water line will be located in the lower edge of the frame, and as much of the bank as possible will be included in each photo. Photographers should make an effort to consistently maintain the same area in each photo over time. Structure photos. Photographs will be taken at each grade control structure along the restored stream, limited to cross -veins and weir structures. Photographers should make every effort to consistently maintain the same area in each photo over time. Photographs will be used to evaluate channel aggradation or degradation, bank erosion, success of riparian vegetation, and effectiveness of erosion control measures subjectively. Lateral photos should not indicate excessive erosion or continuing degradation of the banks. A series of photos over time should indicate successive maturation of riparian vegetation. 8.2. Vegetation Monitoring Successful restoration of the vegetation on a site is dependent upon hydrologic restoration, active planting of preferred canopy species, and volunteer regeneration of the native plant community. In order to determine if the criteria are achieved, vegetation monitoring quadrants will be installed across the restoration site. The number of quadrants required will be based on the species/area curve method, with a minimum of three quadrants. The size of individual quadrants will vary from 100 square meters for tree species to 1 square meter for herbaceous vegetation. Vegetation monitoring will be done after leaf -out has occurred. Individual quadrant data will be provided and will include diameter, height, density, and coverage quantities. Relative values will be calculated, and importance values will be determined. Individual seedlings will be marked to ensure that they can be found in succeeding monitoring years. Mortality will be determined from the difference between the previous year's living, planted seedlings and the current year's living, planted seedlings. At the end of the first growing season, species composition, density, and survival will be evaluated. For each subsequent year, until the final success criteria are achieved, the restored site will be evaluated between July and November. Specific and measurable success criteria for plant density on the project site will be based on the recommendations found in the WRP Technical Note and past project experience. The interim measure of vegetative success for the site will be the survival of at least 320, 3 -year old, planted trees per acre at the end of year three of the monitoring period. The final vegetative success criteria will be the survival of 260, 5 -year old, planted trees per acre at the end of year five of the monitoring period. While measuring species density is the current accepted methodology for evaluating vegetation success on restoration projects, species density alone may be inadequate for assessing plant community health. For this reason, the vegetation monitoring plan will incorporate the evaluation of additional plant community indices to assess overall vegetative success. Page 34 9.0 MONITORING REQUIREMENTS Annual monitoring data will be reported using the EEP monitoring template. The monitoring report shall provide a project data chronology that will facilitate an understanding of project status and trends, population of EEP databases for analysis, research purposes, and assist in decision making regarding vroiect close -out. Required Paramete r uanti Frequency Notes As per April 2003 USACE Wilmington District Stream Mitigation NO Pattern Guidelines annual As per April 2003 USACE Wilmington District Stream Mitigation YES Dimension Guidelines annual As per April 2003 USACE Wilmington District Stream Mitigation YES Profile Guidelines annual As per April 2003 USACE Wilmington District Stream Mitigation YES Substrate Guidelines annual As per April 2003 USACE A Crest Gauge will be installed on site; the device Wilmington District will be inspected on a semi - annual basis to Surface Water Stream Mitigation document the occurrence of bankfull events on the YES Hydrology Guidelines annual project Groundwater NO H drolo N/A WA N/A Quantity and location of vegetation plots will be determined and reported Vegetation will be monitored using the Carolina YES Vegetation in the Restoration Plan. annual Vegetation Survey CVS) protocols Exotic and nuisance Locations of exotic and nuisance vegetation will be YES vegetation I annual I mapped and treated to eliminate populations Locations of fence damage, vegetation damage, boundary encroachments, etc. will be mapped and Semi- easement violations will be discussed with Yes Project boundary annual landowner. Page 35 Page Intentionally Left Blank Page 36 10.0 LONG -TERM MANAGEMENT PLAN The NCDENR Division of Natural Resource Planning and Conservation's Stewardship Program currently houses EEP stewardship endowments within the non - reverting, interest- bearing Conservation Lands Stewardship Endowment Account. The use of funds from the Endowment Account is governed by North Carolina General Statute GS I I3A- 232(d)(3). Interest gained by the endowment fund may be used only for the purpose of stewardship, monitoring, stewardship administration, and land transaction costs, if applicable. The NCDENR Stewardship Program intends to manage the account as a non - wasting endowment. Only interest generated from the endowment funds will be used to steward the compensatory mitigation sites. Interest funds not used for those purposes will be re- invested in the Endowment Account to offset losses due to inflation. The Highlands- Cashiers Land Trust (HCLT) is working with the landowners at the Logan Creek project site and they have placed a large area of public space within a conservation easement with HCLT. Upon approval by NCEEP, Baker will contact the Highlands- Cashiers Land Trust (HCLT) to determine if they will be amenable to accepting the stewardship responsibilities for the Logan Creek Stream Restoration Conservation Easement. If the HCLT is willing to take on this responsibility then EEP will need to transfer the endowment that they would otherwise place in NCDENR Division of Natural Resource Planning and Conservation's Stewardship Program to HCLT for long -term stewardship. HCLT would be responsible for periodic inspection of the site to ensure that restrictions required in the conservation easement or the deed restriction document(s) are upheld. Endowment funds required to uphold easement and deed restrictions shall be negotiated prior to site transfer to the responsible party. 11.0 ADAPTIVE MANAGEMENT PLAN Upon completion of site construction Baker will implement the post - construction monitoring protocols previously defined in this document. Project maintenance will be performed as described previously in this document. If, during the course of annual monitoring it is determined the site's ability to achieve site performance standards is jeopardized, Baker will develop a Plan of Corrective Action. The Plan of Corrective Action will be reviewed with the EEP project manager and any suggestions implemented if Baker feels they are appropriate. Once the Corrective Action Plan is prepared and finalized Baker will: 1. Notify the NCEEP, USACE and other regulatory agencies as necessary. 2. Revise performance standards, maintenance requirements, and monitoring requirements as necessary and/or required. 3. Obtain other permits as necessary. 4. Implement the Corrective Action Plan. 5. Provide EEP a Record Drawing of Corrective Actions with the next monitoring report. This document shall depict the extent and nature of the work performed. 12.0 FINANCIAL ASSURANCES Pursuant to Section IV H and Appendix III of the Ecosystem Enhancement Program's In -Lieu Fee Instrument dated July 28, 2010, the North Carolina Department of Environment and Natural Resources has provided the U.S. Army Corps of Engineers Wilmington District with a formal commitment to fund projects to satisfy mitigation requirements assumed by EEP. This commitment provides financial assurance for all mitigation projects implemented by the program. Page 37 13.0 DEFINITIONS Morphological description — the stream type; stream type is determined by quantifying channel entrenchment, dimension, pattern, profile, and boundary materials; as described in Rosgen, D. (1996), Applied River Morphology, 2"d edition Native vegetation community — a distinct and reoccurring assemblage of populations of plants, animals, bacteria and fungi naturally associated with each other and their population; as described in Schafale, M.P. and Weakley, A. S. (1990), Classification of the Natural Communities of North Carolina, Third Approximation Project Area - includes all protected lands associated with the mitigation project Page 38 14.0 REFERENCES Brinson, M. M. 1993. A hydrogeomorphic classification for wetlands. US Army Corps of Engineers, Waterways Exp. Stn. Tech. Rep. WRP -DE4. Washington, DC. 79 pp. + app. Copeland, R.R, D.N. McComas, C.R. Thorne, P.J. Soar, M.M. Jones, and J.B. Fripp. 2001. United States Army Corps of Engineers (USACOE). Hydraulic Design of Stream Restoration Projects. Washington, DC. Faber - Langendoen, D., Rocchio, J., Schafale, M., Nordman, C., Pyne, M., Teague, J., Foti, T., Comer, P. (2006), Ecological Integrity Assessment and Performance Measures for Wetland Mitigation. NatureServe, Arlington, Virginia. Federal Interagency Stream Restoration Working Group (FISRWG). 1998. Stream corridor restoration: Principles, processes and practices. National Technical Information Service. Springfield, VA. Flebbe, P.A., C.A. Dolloff. 1995. Trout Use of Woody Debris and Habitat in Appalachian Wilderness Streams of North Carolina. North American Journal of Fisheries Management. 15:579 -590. Goldsmith, R., Milton, D.J., and Horton, J.W. 1985. Geologic Map of the Charlotte 1° x 2° Quadrangle, North Carolina and South Carolina. USGS Map 1- 1251 -E, 3p. Hadley, J.B. and Nelson, A.E., 1971, Geologic map of the Knoxville quadrangle, North Carolina, Tennessee, and South Carolina: U.S. Geological Survey, Miscellaneous Geologic Investigations Map 1 -654, scale 1:250000. http: / /ngmdb. usgs .gov /Prodesc /proddesc_9432.htm m Harman, W.A., D.E. Wise, M.A. Walker, R. Morris, M.A. Cantrell, M. Clemons, G.D. Jennings, D. Clinton, and J. Patterson. 2000. Bankfull regional curves for North Carolina mountain streams. In Proc. AWRA Conf. Water Resources in Extreme Environments, Anchorage, Alaska, ed. E.L. Kane, pp. 185 -190. Middleburg, VA.: American Water Resources Association. Lane, E. W. 1955. Design of stable channels. Transactions of the American Society of Civil Engineers. Paper No. 2776: 1234 -1279. Lindenmayer, D.B., and J.F. Franklin. (2002), Conserving forest biodiversity: A comprehensive multiscaled approach. Island Press, Washington, DC. North Carolina Geological Survey, 1985, Geologic map of North Carolina: North Carolina Department of Natural Resources and Community Development, scale 1:500000. Peet, R.K., Wentworth, T.S., and White, P.S. (1998), A flexible, multipurpose method for recording vegetation composition and structure. Castanea 63:262 -274 Reed, Jr., and Porter B. 1988. National List of Plant Species That Occur in Wetlands: National Summary. US Fish & Wildlife Service. Biol. Rep. 88(24). 244 pp. Rosgen, D. L. 1994. A classification of natural rivers. Catena 22:169 -199. _. 1996. Applied River Morphology. Pagosa Springs, CO: Wildland Hydrology Books. _. 1997. A geomorphological approach to restoration of incised rivers. Proceedings of the Conference on Management of Landscapes Disturbed by Channel Incision. Wang, S.S.Y, E.J. Langendoen, and F.D. Shields, Jr., eds. 12 -22. _. 1998. The reference reach - A blueprint for natural channel design (draft). ASCE Conference on River Restoration. Denver CO. March, 1998. ASCE. Reston, VA. 2001 a. A stream channel stability assessment methodology. Proceedings of the Federal Interagency Sediment Conference. Reno, NV. March, 2001. Page 39 2001b. The cross -vane, w -weir and j -hook vane structures... their description, design and application for stream stabilization and river restoration. ASCE conference. Reno, NV. August, 2001. Schafale, M. P., and A. S. Weakley. 1990. Classification of the natural communities of North Carolina, third approximation. North Carolina Natural Heritage Program. Division of Parks and Recreation, NCDEHNR. Raleigh, NC. Simon, A. 1989. A model of channel response in disturbed alluvial channels. Earth Surface Processes andLandforms 14(1):11 -26. US Army Corps of Engineers. 2003. Stream Mitigation Guidelines, April 2003, Wilmington District US Army Corps of Engineers. 1987. Corps of Engineers Wetlands Delineation Manual. Technical, Report Y -87 -1. Environmental Laboratory. US Army Engineer Waterways Experiment Station. Vicksburg, MS. US Army Corps of Engineers. 1997. Corps of Engineers Wetlands Research Program. Technical Note VN- rs -4.1. Environmental Laboratory. US Army Engineer Waterways Experiment Station. Vicksburg, MS. U.S. Army of Corps of Engineers (2002). HEC -RAS Hydraulic Reference Manual, Version 3.1.0. Davis, CA: U.S. Army Corps of Engineers, Hydrologic Engineering Center. US Department of Agriculture, Natural Resources Conservation Service (MRCS). 1997. Part 650, Chapter 19 of the NRCS Engineering Field Handbook: Hydrology Tools for Wetland Determination. _. 1996. Field Indicators of Hydric Soils in the United States. G.W. Hurt, Whited, P.M., and Pringle, R.F., eds. Fort Worth, TX. United States Department of Agriculture, Natural Resource Conservation Service (NRCS). Web Soil Survey of Rutherford County, North Carolina. http : / /websoilsurvey.nres.usda.gov /app/ WebSoilSurvey.aspx Yang, C.T. 1973. "Incipient Motion and Sediment Transport," Journal of the Hydraulics Division, American Society of Civil Engineers, Vol. 99, No HY10, October, 1973, pp 1679 -1704. Yang, C.T. 1984. "Unit Stream Power Equations for Gravel," Journal of the Hydraulics Division, American Society of Civil Engineers, Vol. 110, No. 12, December, 1984, pp 1783 -1797. Young, T.F. and Sanzone, S. (editors). (2002), A framework for assessing and reporting on ecological condition. Ecological Reporting Panel, Ecological Processes and Effects Committee. EPA Science Advisory Board. Washington, DC. Page 40 APPENDIX A SITE PROTECTION INSTRUMENTS Part 1. Recorded Conservation Easement/Deed Provided Pursuant to Full Delivery Mitigation Contract, January 2, 2008. Recorded at Jackson Co. Register of Deeds; BK 1720, PG 238 -248. Part 2. Amendment of Conservation Easement and Right Of Access Provided Pursuant to DENR Full Delivery Mitigation Contract D06046 -A to Release a Portion of the Easement Area, February 7, 2013. Recorded at Jackson Co. Register of Deeds; BK 1974, PG 839 -851. Page Intentionally Left Blank Part 1. 11111 111111111111 I11811UI I61181111 III 11 Doc ID: 008748570011 Type: CRP Recorded: 01/02/2006 at 0451:81 PH Fee : 644.00 Page 1 of it Jackson County. NC Joe Hamilton Register of Deeds BK 1720 Pa238 -248 STATE OF NORTH CAROLINA CONSERVATION EASEMENT PROVIDED PURSUANT TO FULL DELIVERY MITIGATION CONTRACT JACKSON COUNTY SPO File Number 50-F Prepared by: Office of the Attorney General Property Control Section Return to: NC Department of Administration State Property Office 1321 Mail Service Center Raleigh, NC 27699 -1321 THIS CONSERVATION EASEMENT DEED, made this A T4 day of December, 2007, by Cow Rock Mountain, Inc., successor in interest to LVC -1, Inc. ( "Grantor "), whose mailing address is Cow Rock Mountain, c/o Thomas Bates, PO Box 3269, Cashiers, NC 28717, to the State of North Carolina, ( "Grantee "), whose mailing address is State of North Carolina, Department of Administration, State Property Office, 1321 Mail Service Center, Raleigh, NC 27699 -1321. The designations of Grantor and Grantee as used herein shall include said parties, their heirs, successors, administrators, agents, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143 -214.8 et sea.• the State of North Carolina has established the Ecosystem Enhancement Program (formerly known as the Wetlands Restoration Program) within the Department of Environment and Natural Resources for the purposes of acquiring, maintaining, restoring, enhancing, creating and preserving wetland and riparian resources that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; and WHEREAS, this Conservation Easement from Grantor to Grantee has been negotiated, arranged and provided for as a condition of a full delivery contract between Baker Engineering NY, Inc., and the North Carolina Department of Environment and Natural Resources, to provide stream, wetland and/or buffer mitigation pursuant to the North Carolina Department of Environment and Natural Resources Purchase and Services Contract Number D06046 -A. WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation Easement pursuant to N.C. Gen. Stat. § 121 -35; and WHEREAS, the Department of Environment and Natural Resources, the North Carolina Department of Transportation and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in Greensboro, NC on July 22, 2003, which recognizes that the Ecosystem Enhancement Program is to provide for compensatory mitigation by effective protection of the land, water and natural resources of the State by restoring, enhancing and preserving ecosystem functions; and WHEREAS, the acceptance of this instrument for and on behalf of the State of North Carolina was granted to the Department of Administration by resolution as approved by the Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina, on the 8h day of February 2000; and WHEREAS, the Ecosystem Enhancement Program in the Department of Environment and Natural Resources, which has been delegated the authority authorized by the Governor and Council of State to the Department of Administration, has approved acceptance of this instrument; and WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being in Cashiers Township, Jackson County, North Carolina (the "Property "), and being more particularly described as that certain parcel of land containing approximately 733 acres and being conveyed to the Grantor's predecessor by deed as recorded in Deed Book 190 at Page 54 of the Jackson County Registry, North Carolina; and WHEREAS, Grantor is willing to grant a Conservation Easement over the herein described areas of the Property, thereby restricting and limiting the use of the included areas of the Property to the terms and conditions and purposes hereinafter set forth, and Grantee is willing to accept such Conservation Easement. This Conservation Easement shall be for the protection and benefit of Logan Creek, portions of its tributaries and associated wetlands. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation Easement of the nature and character and to the extept hereinafter set forth, over a described area of the Property legally described in Exhibit A attached hereto and incorporated herein by reference, referred to hereafter as the "Easement Area ", for the benefit of the people of North Carolina, and being all of the tract of land as shown on a plat of survey entitled "Logan Creek Conservation Easement Survey for State of North Carolina Ecosystem Enhancement Program" dated May 28. 2007, certified by Lloyd DeWMe Brown of Vaughn & Melton, and recorded in Cabinet 16 at Slide 816 of the Jackson County Registry. The purposes of this Conservation Easement are to maintain, restore, enhance, create and preserve wetland and/or riparian resources in the Easement Area that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; to maintain permanently the Easement Area in its natural condition, consistent with these purposes; and to prevent any use of the Easement Area that will significantly impair or interfere with these purposes. To achieve these purposes, the following conditions and restrictions are set forth: I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. It is an easement in gross, runs with the land, and is enforceable by Grantee against Grantor, their personal representatives, heirs, successors, and assigns, lessees, agents, and licensees. II. GRANTOR RESERVED USES AND RESTRICTED ACTIVITES The Easement Area shall be restricted from any development or usage that would impair or interfere with the purposes of this Conservation Easement. Unless expressly reserved as a compatible use herein, any activity in, or use of, the Easement Area by the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement. Any rights not expressly reserved hereunder by the Grantor have been acquired by the Grantee. The following specific uses are prohibited, restricted, or reserved as indicated: A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational uses, including hiking, bird watching, hunting and fishing, and access to the Easement Area for the purposes thereof. Usage of motorized vehicles in the Easement Area is prohibited, except as they are used exclusively for management, maintenance, or stewardship purposes, and on existing trails, paths or roads. B. Educational Uses. The Grantor reserves the right to engage in and permit others to engage in educational uses in the Easement Area not inconsistent with this Conservation Easement, and the right of access to the Easement Area for such purposes including organized educational activities such as site visits and observations. Educational uses of the property shall not alter vegetation, hydrology or topography of the site. C. Vegetative Cutting. Except as related to the removal of non - native plants, diseased or damaged trees, and vegetation that obstructs, destabilizes or renders unsafe the Easement Area to persons or natural habitat, all cutting, removal, mowing, harming, or destruction of any trees and vegetation in the Easement Area is prohibited. D. Industrial, Residential and Commercial Uses. All are prohibited in the Easement Area. E. Agricultural Use. All agricultural uses within the Easement Area including any use for cropland, waste lagoons, or pastureland are prohibited. F. New Construction. There shall be no building, facility, mobile home, antenna, utility pole, tower, or other structure constructed or placed in the Easement Area. G. Roads and Trails. There shall be no construction of roads, trails, walkways, or paving in the Easement Area except as described herein. Existing roads or trails located in the Easement Area may be maintained by Grantor in order to minimize runoff, sedimentation and for access to the interior of the Property for management, maintenance, stewardship purposes, or undeveloped recreational and educational uses of the Easement Area. Existing roads, trails or paths may be maintained with loose gravel or permanent vegetation to stabilize or cover the surfaces. The existing trail network includes a planned wildlife observation deck and suspension bridge across the stream, immediately downstream of the largest wetland along Logan Creek. Grantor retains the right to construct this deck and bridge, the foundations of which may fall within the Easement Area. The bridge will be suspended at least 6 feet above the floodplain and span at least 30 feet on both sides of the channel. H. Signs. No signs shall be permitted in the Easement Area except interpretive signs describing restoration activities and the conservation values of the Easement Area, signs identifying the owner of the Property and the holder of the Conservation Easement, signs giving directions, or signs prescribing rules and regulations for the use of the Easement Area may be allowed. I. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances or machinery, or other material in the Easement Area is prohibited. I Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling, excavation, dredging, mining, or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals, or other materials. K. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or diverting, causing, allowing or permitting the diversion of surface or underground water. No altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. All removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. In the event of an emergency interruption or shortage of all other water sources, water from within the Easement Area may temporarily be used for good cause shown as needed for the survival of livestock and agricultural production. L. Subdivision and Conveyance. Grantor voluntarily agrees that no subdivision, partitioning, or dividing of the underlying fee that is subject to this Easement is allowed. Unless agreed to by the Grantee in writing, any future conveyance of the underlying fee for the Easement Area and the rights as conveyed herein shall be as a single block of property. Any future transfer of the fee simple shall be subject to this Conservation Easement. Any transfer of the fee is subject to the Grantee's right of ingress, egress, and regress over and across the Property to the Easement Area for the purposes set forth herein. M. Development Rights. All development rights are removed from the Easement Area and shall not be transferred. N. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Easement Area or any intentional introduction o_ f non - native plants, trees and/or animal species by Grantor is prohibited. The Grantor may request permission to vary from the above restrictions for good cause shown, provided that any such request is consistent with the purposes of this Conservation Easement. The Grantor shall not vary from the above restrictions without first obtaining written approval from the N.C. Ecosystem Enhancement Program, whose mailing address is 1652 Mail Services Center, Raleigh, NC 27699 -1652. III. GRANTEE RESERVED USES A. Ingress, Egress, Regress and Inspection. The Grantee, its employees and agents, successors and assigns, receive the perpetual right of general ingress, egress, and regress to the Easement Area over the Property at reasonable times to undertake any activities to restore, manage, maintain, enhance, and monitor the wetland and riparian resources of the Easement Area, in accordance with restoration activities or a long -term management plan. Unless otherwise specifically set forth in this Conservation Easement, the rights granted herein do not include or establish for the public any access rights. B. Restoration Activities. These activities include planting of trees, shrubs and herbaceous vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and prepare the soil, modification of the hydrology of the site, and installation of natural and manmade materials as needed to direct in- stream, above ground, and subterraneous water flow. IV. ENFORCEMENT AND REMEDIES A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity within the Easement Area that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Easement Area that may have been damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor, their successors or assigns, that comes to the attention of the Grantee, the Grantee shall, except as provided below, notify 0 0 the Grantor, their successors or assigns in writing of such breach. The Grantor shall have ninety (90) days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after ninety (90) days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and -other relief. The Grantee shall also have the power and authority, consistent with its statutory authority: (a) to prevent any impairment of the Easement Area by acts which may be unlawful or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek damages from any appropriate peison or entity. 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. B. Inspection. The Grantee, its employees and agents, successors and assigns, have the right, with reasonable notice, to enter the Easement Area over the Property at reasonable times for the purpose of inspection to determine whether the Grantor, their successors or assigns are complying with the terms, conditions and restrictions of this Conservation Easement. C. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor, their successors or assigns, for any injury or change in the Easement Area caused by third parties, resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the 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. D. Costs of Enforcement. Beyond regular and typical monitoring, any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, their successors or assigns, including, without limitation, any costs of restoration necessitated by Grantor's acts or omissions in violation of the terms of this Conservation Easement, shall be borne by Grantor. E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and any forbearance, delay or omission by Grantee to exercise its rights hereunder in the event of any breach of any term set forth herein shall not be construed to be a waiver by Grantee. V. MISCELLANEOUS A. This instrument sets forth the entire agreement of the parties with respect to the 0 Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be invalid, the remainder of the -provisions of the Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. B. Any notices shall be sent by registered or certified mail, return receipt requested to the parties at their addresses shown above or to other address(es) as either party establishes in writing upon notification to the other. C. Grantor shall notify Grantee in writing of the name and address and any party to whom the Property or any part thereof is to be transferred at or prior to the time said transfer is made. Grantor further agrees to make any subsequent lease, deed, or other legal instrument by which any interest in the Property is conveyed subject to the Conservation Easement herein created. D. The Property is subject to certain Deeds of Trust described in Exhibits B and C hereto, and such Deeds of Trust have been subordinated by their holders to this Conservation Easement in accordance with Exhibits B and C. E. The 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. F. 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 purposes of the Conservation Easement. G. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however, that the 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. VI. QUIET ENJOYMENT Grantor reserves all remaining rights accruing from ownership of the Property, including the right to engage in or permit or invite others to engage in only those uses of the Easement Area that are expressly reserved herein, not prohibited or restricted herein, and are not inconsistent with the purposes of this Conservation Easement. Without limiting the generality of the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and licensees, the right of access to the Easement Area, and the right of quiet enjoyment of the Easement Area. TO HAVE AND TO HOLD the said rights and easements perpetually unto the State of North Carolina for the aforesaid purposes. AND Grantor covenants and warrants that Grantor is seized of said premises in fee and has the right to convey the permanent Conservation Easement herein granted; that the same are free from encumbrances except those specifically referenced in Article V, paragraph D above, and that Grantor will warrant and defend title to the same against the claims of all persons whomsoever. IN TESTIMONY WHEREOF, the Grantor, as a fully authorized act of the corporation, has hereunto set its hand and seal, the day and year first above written. Attest: Printed name: Its Secretary NORTH CAROLINA COUNTY OF 4Cyli.N It (CORPORATE SEAL) I, /. "Alld, s _, a Notary Public in and for the County and State aforesaid, do hereby certify that T &4 , who is known personally to me or who has presented satisfactory eviderike of his identity, personally appeared before me this day, and, being duly sworn, acknowledged that he is the Secretary of Cow Rock Mountain, Inc., a corporation, and that by authority duly given and as an act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal, and attested by himself as its _- Secretary. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the Z -7 day of December, 2007. `,Z Notary Public (panted name of notary) My commission expires: i E��� f "NOTARY PUBLIC s� 2; % .r �6 `0 ~%.�uM�L ` 0 0 0 EXHIBIT A LEGAL DESCRIPTION In Cashiers Township, being all of that Property designated E1, E2, E3, E4, and E5, consisting of 20.79 acres, more or less, as shown on a plat of survey entitled "Logan Creek Conservation Easement Survey for State of North Carolina Ecosystem Enhancement Program" dated May 28, 2007, certified by Lloyd DeWayne Brown of Vaughn & Melton, and recorded in Cabinet 16 at Slide 816 of the Jackson County Registry, to which reference is hereby specifically made, and Being a portion of that same tract of land described in the deed to Lonesome Valley Company from M.C. Jennings and wife, Louise J. Jennings, and R.G. Jennings, unmarried, dated February 7, 1948 and recorded in Deed Book 190 at Page 54 of the Jackson County Registry, to which reference is specifically made. EXHIBIT "B" JOINDER AND CONSENT OF MORTAGEE Carolina Fist Bank, ( "Mortgagee "), the holder of the mortgage encumbering the Property in the amount of $12,398,745.00 recorded at Book 1661, Page 835 in the office of the Jackson County, North Carolina Register of Deeds (the "Mortgage "), hereby consents to the terms of this Conservation Easement and agrees that the lien of the Mortgage shall be fully subordinate to this Conservation Easement and the rights of the Grantee to enforce this Conservation Easement. Without limitation of the foregoing, Mortgagee agrees that, in the event of the foreclosure of the Mortgage or a judgment obtained under the Mortgage or any promissory note secured thereby, the Property described in the Conservation Easement shall remain under and subject to the covenants and restrictions set forth in this Conservation Easement, as fully as if the Mortgage was executed, delivered, and recorded after the dates of the execution, delivery, and recording of this Conservation Easement. This Joinder and Consent of Mortgagee shall be binding upon Mortgagee's successors and assignees as holders of the Mortgage and any amendment thereof. MORTGAGEE: Carolina Fast Bank By: (seal) Printed n r v Its (title) STATE OF SO CAROL I COUN'T'Y OF re l' I, cc e r o hereby certify that )-16a _<figj acknowledged that is the duly q South Carolina corporation, an signed by him for the purposes corporation. a Notary Public in and for said County and State do sonally a ared before me this day and duly •< V fT of Carolina Fist Bank, a i that by authority duly given, the foregoing instrument was stated therein, on behalf of and as a duly authorized act of the $S d 0 notarial seal, this day of 2007 11,0K A o*tary Public 66,1011' 11 t o 1, � Mycommission expires: / jj -�Rd� 6 .`� P ;•61cC'�q�,�� p4TA R ' PI 13 �..� � P 'A` o```�� EXHIBIT "C" JOINDER AND CONSENT OF MORTAGEE LVC -1, Inc., ("Mortgagee'), the holder of the mortgages encumbering the Property in the amount of $10,890,552.00 recorded at Book 1649, Page 845 and in the amount of $6,819,342.90 recorded at Book 1635, Page 851 in the office of the Jackson County, North Carolina Register of Deeds (the "Mortgages'), hereby consents to the terms of this Conservation Easement and agrees that the lien of the Mortgage shall be fully subordinate to this Conservation Easement and the rights of the Grantee to enforce this Conservation Easement. Without limitation of the foregoing, Mortgagee agrees that, in the event of the foreclosure of the Mortgage or a judgment obtained under the Mortgage or any promissory note secured thereby, the Property described in the Conservation Easement shall remain under and subject to the covenants and restrictions set forth in this Conservation Easement, as fully as if the Mortgage was executed, delivered, and recorded after the dates of the execution, delivery, and recording of this Conservation Easement. This Joinder and Consent of Mortgagee shall be binding upon Mortgagee's successors and assignees as holders of the Mortgage and any amendment thereof. MORTGAGEE: LVC -1, By: _ It's STATE NORTH CAROLINA CO F JiE96itT 8,A(- I, C a Notary Public in and for said County and State do hereby certify that 01,44 ,4 / T� ms- 0personally appeared before me this day and duly acknowledged that is the duly qualified President of LVC -1, Inc. a North Carolina corporation, and that by authority duly given, the foregoing instrument was signed by him for the purposes stated therein, on behalf of and as a duly authorized act of the corporation. WITNESS my hand and notarial seal, this 2 7 day of ?1& 2007. Lo G. ri- Notary Public My commission expires: (�/701 2 �uOTARY = PUBLIC Page Intentionally Left Blank Part 2. , " - STATE OF NORTH CAROLINA JACKSON COUNTY SPO File Number 50 -028.005 EEP Site ID 92515 Prepared by: Office of the Attorney General Property Control Section Return to: NC Department of Administration State Property Office 1321 Mail Service Center Raleigh, NC 27699 -1321 I�II�����IlII����I�IIW ®IWHN Doc ID: 004697810013 Type: CRP Recorded: 02 /07/2013 at 02.58:01 PM Fee Amt!: Page 1 of 13 Jackson County, NC Joe Hamilton Register of Deeds BK 1974 Po839 -851 AMENDMENT OF CONSERVATION EASEMENT AND RIGHT OF ACCESS PROVIDED PURSUANT TO DENR FULL DELIVERY MITIGATION CONTRACT D06046 -A TO RELEASE A PORTION OF THE EASEMENT AREA THIS AMENDMENT OF THE CONSERVATION EASEMENT AND RIGHT OF ACCESS, made this i II day of F�r.�►,. , 201$, by and between Cow Rock Mountain, Inc., successor in interest to LVC -1, In . ( "Grantor "), whose mailing address is, Cow Rock Mountain, P.O. Box 3269, Cashiers, NC 28717, and the State of North Carolina whose mailing address is, Department of Administration, State Property Office, 1321 Mail Service Center, Raleigh, NC 27699 -1321 ( "Grantee "). The designations 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. WITNESSETH: This amendment is intended to modify the previous Conservation Easement as recorded in Deed Book 1720, Page 238 -248, of the Jackson County Registry (the "Conservation Easement"). Grantor and Grantee (collectively, the "Parties ") have agreed to modify the land areas included in the easement area. Areas which the Parties agree should not be encumbered by the Conservation Easement are released to the Grantor and the Conservation Easement on all remaining areas will continue to be subject to the Conservation Easement conveyed to the Grantee. WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143 -214.8 et se4., the State of North Carolina has established the Ecosystem Enhancement Program (formerly known as the Wetlands Restoration Program) (as defined in N.C. Gen. Stat. 143 - 214.8) within the Department of Environment and Natural Resources for the purposes of acquiring, maintaining, restoring, enhancing, and creating wetland and riparian resources that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; and WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation Easement pursuant to N.C. Gen. Stat. § 121 -35; and WHEREAS, the Ecosystem Enhancement Program in the Department of Environment and Natural Resources has approved acceptance of this instrument; and WHEREAS, the Department of Environment and Natural Resources, the North Carolina Department of Transportation and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in Greensboro, NC on July 22, 2003. This MOA recognizes that the Ecosystem Enhancement Program is to provide for compensatory mitigation by effective protection of the land, water and natural resources of the State by restoring, enhancing and preserving ecosystem function; and WHEREAS, the acceptance of this instrument for and on behalf of the State of North Carolina has been granted to the Department of Administration by resolution as approved by the Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina, on the 5's day of June 2011; and WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being in Cashiers Township, Jackson County, North Carolina (the "Property "), and being more particularly described as that certain parcel of land containing approximately 733 acres conveyed to the Grantor's predecessor by deed as recorded in Deed Book 190, Page 54, of the Jackson County Registry, North Carolina; and WHEREAS, Grantor is willing to allow the Conservation Easement to remain in place on the described areas of the Property as set forth in Exhibit A, thereby restricting and limiting the use of the included areas of the Property to the terms and conditions and purposes set forth, and Grantee is willing to accept such Conservation Easement. This Amended Conservation Easement shall be for the protection and benefit of the waters of Logan Creek. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, the Parties agree to amend the Conservation Easement to only encumber the tracts of land identified as "Revised Conservation Easement Areas" as shown on a plat of survey entitled "Logan Creek Conservation Easement Survey for the State of North Carolina, Ecosystem Enhancement Program -EEP Site ID No. 92515" dated November 15, 2012 Oast revision), recorded in Plat Book 19 Page 812 . Jackson County Registry (the "Plat"), said Easement Area being more particularly described on Exhibit A attached hereto and incorporated by reference herein. 2 The effective date of this Amendment of the Conservation Easement as recorded in Deed Book 1720, Pages 238 -248, of the Jackson County Registry, shall be January 2, 2008, the date the Conservation Easement being modified by this document was recorded. FURTHERMORE, all property interests in the area defined in the easement recorded in Deed Book 1720, Pages 238 -248, of the Jackson County Registry, that are not included within the Easement Area as defined above are hereby quitclaimed and released to the Grantor by the State of North Carolina, through its authorized representatives signing below. These interests are set forth in the Plat and are more particularly described on Exhibit B attached hereto and incorporated by reference herein. J [Remainder of page left blank intentionally.] IN TESTIMONY WHEREOF, the Grantor and Grantee have hereunto set their hand and seal, the day and year first above written. By: Printed N President MOUNTAIN, INC. STATE OF NORTH CAROLINA COUNTY OF ��502L-, (SEAL) I,&ftec , a notary Public for said County and State, certify that "?%61Aa C1. no" MT personally came before me this day and acknowledged that he is TMOdent of '%&,✓'Bock Hourdain T.,a , a corporation, and that by authority duly given and as the act of the corporation the foregoing instrument was signed in its name by its f V- silent , sealed with its corporate seal, and attested by himself as its -i restBen+ Witness my hand and official seal, this the N day of 4nwz , 20 �. (Notary Seal) • _ RY ���►VJL Notary Public " ;c7. • My Commission Expires: Qu.�S ao� 4 IN TESTIMONY WHEREOF, the STATE OF NORTH CAROLINA has caused this instrument to be executed in its name by SPEROS FLEGGAS, Senior Deputy Secretary, Department of Administration. STATVRTH CAROLINA By. S ros Fleggas Senior Deputy Secretary STATE OF NORTH CAROLINA COUNTY OF WAKE 1, A40-%,e &, a Notary Public in and for the aforesaid County of a jtj and the State of North Carolina, do certify that Speros Fleggas, personally came before me this day and acknowledged that he is Senior Deputy Secretary, Department of Administration, State of North Carolina, and that by authority duly given and as the act of the State, has signed the foregoing instrument. sr II�L PTNESS WHEREOF, I have hereunto set my hand and Notarial Seal, this the day of t !�K 4 w , 2013. Notary Public Print name: Aq&x- My Commission Expires: %,*'. 4"��"py % a e pTA p Exhibit A Legal Description Easement Area State of North Carolina Conservation Easement The following areas remain subject to the Conservation Easement: Logan Creek Conservation Easement Survey for State of North Carolina Ecosystem Enhancement Program Conservation Easement Area Legal Descriptions -EEP Site ID Number 92515 - Cashiers Township, Jackson County, North Carolina Lying and being in the Cashiers Township in Jackson County, North Carolina and being located north of Highway 64 as it is found and to be fully shown and designated that a revised easement survey known as "Logan Creek Conservation Easement and Survey for the State of North Carolina Ecosystem Enhancement Program! ' EEP site ID number 92515 prepared by Vaughn and Melton Consulting Engineers. This easement was last revised on June 11, 2007 and sealed on September 6, 2007. It was then recorded in the Jackson County, North Carolina Register of Deeds in Deed Book 1720 Page 238 and Plat Cabinet 16 on Slide 816 and currently is being updated to show the tracts of conservation and easements of the areas of land to be released or retained All areas are shown as follows as of the November 15'', 2012 revision of the plat. All Deeds and Plats listed in the following area descriptions can be found in the Jackson County North Carolina Register of Deeds unless otherwise noted. Area El Beginning at a Rebar and Cap set in the lands of Cow Rock Mountain Inc. (hereby known as CRMI) as described in Deed Book 1635 Page 836, Deed Book 1592 Page 634, Plat Cabinet 15 Slide 41 and Plat Cabinet 15 Slide 331; said Rebar and Cap set being the starting point of a line designated as "Ll," as found on the Plat recorded in Plat Cabinet 16 Slide 816, thence running across the CRMI property N 10°21'38" E — 406.78 feet to a Rebar and Cap set at the apparent edge of a 50 foot Access and Utility Easement as shown in Plat Cabinet 15 Slide 41 and Plat Cabinet 15 Slide 331, thence running with the Easement the following four courses and distances: N 69 °56'04" E — 40.83 feet to a point not set, thence S 84 152'47" E — 64.50 feet to a point not set, thence S 74 °39'01" E — 29.40 feet to a point not set, thence S 74 °39'01" E — 55.96 feet to a Rebar and Cap set, thence turning and leaving the Access and Utility Easement and striking a line, P�ross the aforementioned CRMI property the following eleven courses and distances: S 20 °37'33" W — 206.53 feet to a Rebar and Cap set, thence S 57 °39'43" E — 128.34 feet to a Rebar and Cap set, thence S 87 °56'05" E — 66.67 feet to a Rebar and Cap set, thence N 52 056'53" E — 142.70 feet to a point not set, thence S 43057'17" E — 118.31 feet to a point, thence S 60°24'06" W — 263.31 feet to a Rebar and Cap set, thence S 29 °13'22" W — 153.08 feet to a Rebar and Cap set, thence S 15 °00'03" E — 277.95 feet to a Rebar and Cap set near U.S. Hwy. 64, thence N 52 °52'41" W — 127.37 feet to a point not set, thence N 28 °07' 18" W — 289.97 feet to a Rebar and Cap set, thence N 54'12'12" W — 119.02 feet to the Point and Place of Beginning and containing *3.83 Acres, more or less, and also being noted as area El and being a revision of the same area as recorded in Deed Book 1720 Page 238 and as recorded in Plat Cabinet 16 Slide 816. Area E2 Beginning at a Rebar and Cap set in the lands of Cow Rock Mountain Inc. (hereby known as CRMI) as described in Deed Book 1635 Page 836, Deed Book 1592 Page 634, Plat Cabinet 15 Slide 41 and Plat Cabinet 15 Slide 331; said Rebar and Cap set being the starting point of a line designated as "L21," as found on the Plat recorded in Plat Cabinet 16 Slide 816 and also lying S 48 002'49" W — 99.08 feet from a 1 inch pipe found on the common comer between the CRMI property and the now or former Michael and Linda Stone property as described in Deed Book 1622 Page 856 and Plat Cabinet 15 Slide 331 and also lying in the common line between the aforementioned CRMI property and now or former Cow Rock Mountain Inc. property as described in Deed Book 1551 Page 597, Plat Cabinet 15 Slide 331 and Plat Cabinet 17 Slide 218 thence naming with the common line between CRMI and the Cow Rock Mountain Inc. property in Deed Book 1551 Page 597the following four courses and distances: S 26 001'37" E — 59.13 feet to a Rebar and Cap set, thence S 05 °32'31" W — 66.88 feet to a Rebar and Cap set, thence S 21 045'55" W — 114.87 feet to a Rebar and Cap set, thence S 07°23140" W — 72.75 feet to a Rebar and Cap set on the apparent edge of a 50 foot Access and Utility Easement as shown in Plat Cabinet 15 Slide 41 and Plat Cabinet 15 Slide 331 and the common corner with the Cow Rock Mountain Inc. property as described in Deed Book 1551 Page 597, thence turning and leaving the common line with Cow Rock Mountain Inc. and travelling along the apparent 50 foot Access and Utility Easement line the following three courses and distances: N 74 °39'01" W — 32.65 feet to a point not set, thence N 74 °39'01" W — 33.88 feet to a point not set, thence N 84 052'47" W — 37.13 feet to a point not set, thence turning and leaving the apparent Access and Utility Easement and striking a line across the CRMI property N 15 °22'47" E — a total distance of 192.11 feet (crossing over a Rebar and Cap set on line at 0.92 feet) to a Rebar and Cap set, thence N 10020'11" E — 130.59 feet to a Rebar and Cap set thence S 58 °37'42" E — 69.36 feet to the Point and Place of Beginning and containing ±0.68 Acres, more or less, and also being noted as area E2 and being a revision of the same area as recorded in Deed Book 1720 Page 238 and as recorded in Plat Cabinet 16 Slide 816. Area E3 Beginning at a Rebar and Cap set in the lands of Cow Rock Mountain Inc. (hereby known as CRMI) as described in Deed Book 1635 Page 836, Deed Book 1592 Page 634, Plat Cabinet 15 Slide 41 and Plat Cabinet 15 Slide 331; said Rebar and Cap set being the starting point of a line designated as "L36," as found on the Plat recorded in Plat Cabinet 16 Slide 816; said point also lying in the common line with the now or former Trustees of Gail L. Phillip property as described in l?�id Book 1620 Page 413 and Plat Cabinet 15 Slide 332 thence running with the common line with the now or former Trustees of Gail L. Phillip property S 23°31' 16" E — 256.79 feet to a Rebar and Cap set, thence S 11 °56'38" W — 22.88 feet to a Nail found in a rock, thence leaving the common line with the now or former Trustees of Gail L. Phillip property and striking a line across the CRMI property S 14 °4447" E — 201.00 feet to a Rebar and Cap set, thence S 35045'14" W — 358.61 feet to a Rebar and Cap set, thence S 32 °43'22" E — 128.76 feet to a Rebar and Cap set, thence N 57 157'09" E — 85.05 feet to a point not set, thence S 44 °23'52" E — 88.40 feet to a Rebar and Cap set, thence S 20 °31'33" E — 73.52 feet to a Rebar and Cap set, 7 thence S 18 008'43" W — 180.83 feet to a Rebar and Cap set, thence S 53030'12" E — 65.48 feet to a Rebar and Cap set, thence S 56°29'21" E — 92.60 feet to a 1 inch Iron Pipe; said Iron Pipe being a common comer with CRMI and the now or former Marcia B. Moore property as described in Deed Book 1635 Page 801 and Plat Cabinet 15 Slide 331 and the now or former Manse Foster property as described in Deed Book 1627 Page 440 and Plat Cabinet 15 Slide 331 thence running with the common line of the now or former Foster property S 23 °28'24" E — a total distance of 411.89 feet; passing over a 1 inch Iron Pipe at 299.99 feet; said Iron Pipe also being a common corner with CRMI, the now or former Foster property and the now or former Gryphon Investment Partners Ltd. property as described in Deed Book 1819 Page 652 and Plat Cabinet 15 Slide 331, thence continuing along the same bearing and along the common line with the now or former Gryphon Investment Partners Ltd. property for 111.90 feet to a 1 inch Iron Pipe, thence S 31118'54" E — 79.37 feet to a 1 inch Iron Pipe, thence leaving the common line with the now or former Gryphon Investment Partners Ltd. property and naming across the CRMI property S 17 °25'46" W — a total distance of 249.17 feet, passing over a Rebar and Cap set on line at 3.78 feet, to a Rebar and Cap set, thence S 24 057'27" E — 183.17 feet to a Rebar and Cap set, thence S 11 °32'52" W — 118.06 feet to a Rebar and Cap set, thence N 45 °03'39" W — 346.09 feet to a Rebar and Cap, thence N 19037'32" E — 320.55 feet to a Rebar and Cap set, thence N 25 037'45" W — 317.70 feet to a Rebar and Cap set, thence N 85 °37'31" W — 156.27 feet to a Rebar and Cap set, thence N 21 °04'29" W — 67.96 feet to a Rebar and Cap set, thence N 13 °07' 12" E — 87.80 feet to a Rebar and Cap set, thence N 23 °25'48" E — 45.70 feet to a Rebar and Cap set, thence N 00 °39'30" W — 99.85 feet to a Rebar and Cap set, thence N 42045'15" W — 104.02 feet to a Rebar and Cap set, thence N 26 044'09" W — 266.16 feet to a Rebar and Cap set, thence N 37 °30'39" E — 223.81 feet to a Rebar and Cap set, thence N 19°22'59" E — 96.00 feet to a Rebar and Cap set, thence N 62 039'52" W — 128.56 feet to a Rebar and Cap set, thence N 17 035'29" E — 209.65 feet to a Rebar and Cap set, thence N 19 °31'20" W — 156.49 feet to a point not set, thence N 70 °28'40" E — 123.94 feet to the Point and Place of Beginning and containing ±8.20 Acres, more or less and also being noted as area E3 and being a revision of the same area as recorded in Deed Book 1720 Page 238 and as recorded in Plat Cabinet 16 Slide \ 816. Vaughn & Melton Consulting Engineers 1318 -F Patton Avenue Asheville, North Carolina 28806 Lloyd D. Brown, PE, PLS PIS #3929 Exhibit B Legal Description Area of Conservation Easement Release The following areas are released from the Conservation Easement: Logan Creek Conservation Easement Survey for State of North Carolina Ecosystem Enhancement Program Conservation Easement Area Legal Descriptions -EEP Site ID Number 92515 - Cashiers Township, Jackson County, North Carolina Lying and being in the Cashiers Township in Jackson County, North Carolina and being located north of Highway 64 as it is found and to be fully shown and designated that a revised easement survey known as "Logan Creek Conservation Easement and Survey for the State of North Carolina Ecosystem Enhancement Program" EEP site ID number 92515 prepared by Vaughn and Melton Consulting Engineers. This easement was last revised on June 11, 2007 and sealed on September 6, 2007. It was then recorded in the Jackson County, North Carolina Register of Deeds in Deed Book 1720 Page 238 and Plat Cabinet 16 on Slide 816 and currently is being updated to show the tracts of conservation and easements of the areas of land to be released or retained All areas are shown as follows as of the November 15a', 2012 revision of the plat. All Deeds and Plats listed in the following area descriptions can be found in the Jackson County North Carolina Register of Deeds unless otherwise noted. Area RE1 Beginning at a Point Not Set in the lands of Cow Rock Mountain Incorporated (hereby known as CRMI) in the Deed Book 1592 Page 634; said point lying South 52 056'53" East — 142.70' from a 5/8" rebar and cap set which is the terminus of call "L8," as noted on the plat recorded in Plat Cabinet 16 Slide 816 in the Jackson County Register of Deeds, thence running across the CRMI property the following five courses and distances: North 52 °56'53" East — 341.58' to a 5/8" rebar and cap set, thence South 34 027'32" East — 167.17' to a 5/8" rebar and cap set, thence South 62 °49'43" West — 180.43' to a 5/8" rebar and cap set, thence South 60 °24'06" West — 143.25' to a point not set, thence North 43057'17" West — 118.31' to the point and place of Beginning and being noted as area REl and containing 11.07 acres. REl being revised from the original area noted and recorded in as El in Deed Book 1720 Page 238 and on the original plat recorded in Plat Cabinet 16 Slide 816 in the Jackson County, North Carolina Register of Deeds. Area RE2A Beginning at a 5/8" rebar and cap set in the lands of Cow Rock Mountain Incorporated AKA CRMI as recorded in Deed Books 1635 and 1592 at Pages 836 and 634. Thence running with the western most line of area E2, as described in Deed Book 1720 Page 238 and Plat Cabinet 16 Slide 816, across the CRMI property North 01' 45' 51" East - 116.31' to a 5/8" rebar and cap set; said rebar lying South 69° 35' 58" - 137.08' from the terminus of call "L56," of area noted 9 as E3 on Plat Cabinet 16 Slide 816. Thence North 60 ° 29' 00" East - 86.69' to a point not set; said point not set lying in the western most line of the Michael and Linda Stone property as described in Deed Book 1622 Page 856, thence turning and running with the common line with Stone, South 22 ° 41' 49" East - 139.66 feet to an existing 1" iron pipe; said iron pipe being a common comer with the Stone property and the Cow Rock Mountain Inc. property as described in Deed Book 1551 Page 597 and Plat Cabinets 15 and 17 at Slides 331 and 218. Thence leaving the common line with Stone and running with the common line with the aforementioned CRMI property South 480 02' 49" West - 99.08' to a 5/8" rebar and cap set. Thence turning and leaving said common line with CRMI and running along a new line across area E2, North 58° 37' 42" West - 69.36' to the point and place of the Beginning with the new area being noted as RE2A and containing ±0.39 acres. This easement area is revised from the original area; the original being noted as E2 and recorded in Deed Book 1720 Page 238 and Plat Cabinet 16 Slide 816 in the Jackson County, North Carolina Register of Deeds. Area RE3A Beginning on a 1" existing iron pipe; said iron pipe being the common comer of the Marsha B Moore property as described in Deed Book 1635 Page 801 and Plat Cabinet 15 Slide 331 and the northernmost corner of the Malise Foster property as described in Deed Book 1627 Page 440 and Plat Cabinet 15 Slide 331 in the Jackson County Register of Deeds. Thence turning and leaving the common comer of Moore and Foster and striking a new line across the former easement area E3, North 56°29'21" West - 92.60' to a 5/8" rebar and cap set. Thence North 16 ° 54' 09" East - 126.04' to a 5/8" rebar and cap set. Thence North 380 19' 09" East - 65.96' to a 5/8" rebar and cap set. Thence North 52° 34' 56" East a total distance of 52.98' to a point not set - passing over a 5/8" rebar and cap set on line at 48.44', thence South 090 25' 08" West a total distance of 259.15' passing over an 1" iron pipe on line at 29.69' to the point of Beginning. This area noted as area RE3A containing ±0.34 acres and is revision of area E3 as originally recorded in Deed Book 1720 Page 238 and Plat Cabinet 16 Slide 816 in the Jackson County, North Carolina Register of Deeds. Area) RE3B Beginning at a 51e rebar and cap set in the eastern line of area E3 as described in Plat Cabinet 16 Slide 816 and striking a new line across area E3 North 4410 23' 52" West - 88.40' to a point not set, thence North 57 °57' 09" East - 85.05' to a 5/8" rebar and cap set. Thence North 87° 14' 29" East with 163.40' to a point not set; said point not set lying S 09 ° 25' 08" West - 23.52' from an existing 1" iron pipe and also lying in the common line with the Marcia Moore McCarley property as described in Deed Book 1658 Page 178 and Plat Cabinet 15 Slide 331. Thence turning and running with the common line with McCarley S 09 ° 25' 08" East a total distance of 75.00' passing over an existing 1" iron pipe on line at 17.14' to a point not set, thence turning and leaving the common line with McCarley and running across the Cow Rock Mtn. Inc. property as described in Deed Books 1635 and 1592 Pages 836 and 634 and Plat Cabinet 15 Slides 41 and 331, South 75 ° 20' 27" West a total distance of 166.60'; passing over a 5/8" rebar and cap set on line at 3.99' back to the point and place of Beginning and being noted as area ROB and containing ±0.42 acres. Said area being revised from the original area which was noted as E3 in Deed Book 1720 Page 238 and on the recorded plat found at Plat Cabinet 16 Slide 816 in the Jackson County, North Carolina Register of Deeds. 10 Area REX Beginning at a 5/8 "rebar and cap set in the western line of area E3 as shown in Plat Cabinet 16 Slide 816 in the Jackson County, North Carolina Register of Deeds and being the terminus point of call "L68," and the beginning of call "L69," on the aforementioned recorded Plat. 'Thence running North 74 ° 27' 38" West - 82.77' to a 5/8" rebar and cap set. Thence North 35 °19' 59" West - 36.69' to a 5/8" rebar and cap set. Thence North 620 08' 06" East - 268.36' to a 5/8" rebar and cap set. Thence striking a new line across area E3, South 371 30'39" West - 223.81' to the point and place of Beginning and being noted as area RE3C and containing ±0.31 acres. Said area being revised from the original area which was noted as E3 in Deed Book 1720 Page 238 and on the recorded plat found at Plat Cabinet 16 Slide 816 in the Jackson County, North Carolina Register of Deeds. Beginning at a 5/8" rebar with cap set in the eastern line of Easement Area E3 as described in Deed Book 1720 Page 238 and on a recorded plat found in Plat Cabinet 16 Slide 816 in the Jackson County North Carolina Register of Deeds; said rebar and cap lying at the terminus of call "L40," and the beginning of call "141," and being more particularly in the Cow Rock Mtn. Inc. property as described in Deed Books 1635 and 1592 at Pages 836 and 634, thence striking a new line across area E3, North 14 144'47" West — 201.00' to an existing nail in a rock; said nail in rock being a common corner with the (Trustees of ) Gail L. Phillip property as described in Peed Book 1620 Page 413 and Plat Cabinet 15 Slide 332. Thence turning and running with the common line with the Phillip property South 49 °31'58" East — 171.01' to an existing 1" iron pipe; said iron pipe being the common corner between Phillip and the Tyra Hornsby property as described in Deed Book 1619 Page 316 and Plat Cabinet 15 Slide 331. Thence leaving the common line with Phillip and continuing along the common line with Hornsby South 15 °16' 18" West — 45.19' feet to a point not set on the common line between Hornsby and the aforementioned Cow Rock Mtn. Inc. property. Thence turning and leaving the common line between Hornsby and Cow Rock Mtn. Inc., South 59 °18'06" West a total distance of 77.96', passing over a 5/8" rebar and cap set on line at 9.65' to the point and place of Beginning and containing ±0.25 Acres, more or less, and also being noted as area ROD and being a revision of area E3 as recorded in Deed Book 1720 Page 238 and as recorded in Plat Cabinet 16 Slide 816. ME Beginning at a 5/8" rebar with cap set in the western line of easement area E3 as described in Deed Book 1720 Page 283 and Plat Cabinet 16 Slide 816 in the Jackson County, North Carolina Register of Deeds; said rebar and cap lying in the Cow Rock Mtn. Inc. property as described in Deed Books 1635 and 1592 at Pages 836 and 634 and lying at the terminus of call "L74," and the beginning of call "L75." Thence running with the western line of easement area E3 the following four calls and distances: South 88129'47" West — 222.84' to a 5/8" rebar and cap set, thence North 19 °31'20" West — 194.96' to a 5/8" rebar and cap set, thence North 05 °32'50" East — 153.56' to a 5/8" rebar and cap set, thence North 73 °57'31" West a total distance of 272.46 feet, passing over a 5/8" rebar and cap set on line at 268.07' to a point not set on the margin of Lonesome Valley Drive. Thence turning and nwning with the margin of Lonesome Valley Drive the following eight courses and distances: North 15 °37'07" East — 64.98' to a point not set, thence North 23 008'33" West — 53.59' to a point not set, thence North 37 04635" West — 11 55.23' to a point not set, thence North 17"16'18" East — 43.85' to a point not set, thence North 40 054'37" East — 45.09' to a point not set, thence North 55 °29' 10" East — 54.70' to a point not, set, thence North 74 050'27" East — 44.67' to a point not set, thence North 84 °10'25" East — 11.72' to a point not set. Thence turning and leaving the margin of Lonesome Valley Drive and continuing across the Cow Rock Mtn. Inc. property the following 5 courses and distances: South 03'23'19" West a total distance of 166.66'; passing over a 518" rebar set on line at 1.57' to a 5/8" rebar and cap set, thence South 68 °3334" East — 189.95' to a 5/8" rebar and cap set, thence North 84014'19" East — 147.55' to a 5/8" rebar and cap set, thence South 22 °03' 13" East — 243.89' to a 5/8" rebar and cap set; said rebar and cap lying South 10 °29'59" West — 32.97' from V&M GPS 2 and whose coordinates are N 529915.73 / E 785744.60. Thence South 62 °59'31" East — 100.02' to a 5/8" rebar and cap set, thence turning and striking a new line across easement area E3 the following two courses and distances: South 70 °28'40" West — 123.94' to a point not set, thence South 19 °31'20" East — 156.49' to the point and place of Beginning and containing ±3.54 Acres, more or less, and being denoted as area RE3E; a revision of easement area E3 as recorded in Deed Book 1720 Page 238 and as found in Plat Cabinet 16 Slide 816. RE4 Beginning at a 518" rebar and cap set in the Cow Rock Mtn. Inc. property as described in Deed Books 1635 and 1592 at Pages 836 and 634 and Plat Cabinet 15 at Slides 41 and 331 in the Jackson County, North Carolina Register of Deeds; said rebar and cap lying more specifically at the terminus of call "L95," and the beginning of call "L87," in easement area E4 as described in Plat Cabinet 16 Slide 816. Thence running North 35 021'48" East — 70.19' to a 5/8" rebar and cap set; said rebar lying South 45 °35'52" West — 65.50' from a 5/8" rebar and cap set — this same rebar and cap also being the terminus of call "L103," and the beginning of call "L104," of easement area E5 in the aforementioned plat, thence continuing along the line of easement area E4 the following eight courses and distances: South 21 °45'50" West — 210.66' to a 518" rebar and cap set, thence South 43 °17' 17" East — 203.14' to a 5/8" rebar and cap set, thence South 43 °16'47 "East — 191.85' to a 5/8" rebar and cap set, thence South 06016'15" East — 91.36' to a 5/8" rebar and cap set, thence North 59020'44" West — 129.88' to a 5/8" rebar and cap set, thence North 39 016'07" West — 206.11' to a 5/8" rebar and cap set, thence North 39 °19'22" West — 162.30' to a 5/8" rebar and cap set, thence North 18° 13'45" West — 174.16' to the point and place of Beginning and containing 11.08 Acres, more or less. This area to be re- designated RE4 from easement area E4 as recorded in Deed Book 1720 Page 238 and in Plat Cabinet 16 Slide 816. RES Beginning at a 5/8" rebar and cap set; said rebar lying the in the Cow Rock Mtn. Inc. property as described in Deed Books 1635 and 1592 at Pates 836 and 634 and being the terminus of call "Ll07," and the beginning of call "L96," for easement area ES as recorded in Deed Book 1720 Page 238 and in Plat Cabinet 16 Slide 816 in the Jackson County, North Carolina Register of Deeds, thence running along the perimeter of area E5 the following twelve courses and distances: North 65 °41'26" East — 45.03'to a 5/8" rebar and cap set, thence South 54 °10'51" East — 68.14' to a 5/8" rebar and cap set, thence North 67 °44'35" East — 35.52' to a 5/8" rebar and cap set, thence South 10 °16'37" East — 108.63' to a 5/8" rebar and cap set, thence South 00 °13'51" East — 84.58' to a 5/8" rebar and cap set, thence South 58 001'54" East — 84.06' to a 5/8" rebar and cap set, thence South 33 050'24" East — 41.82' to a 5/8" rebar and cap set, thence 12 South 04 056'41" East — 77.39' to a 5/8" rebar and cap set, thence North 58 °41'47" West — 72.86' to a 5/8" rebar and cap set, thence North 42 °3756" West — 138.75' to a 5/8" rebar and cap set, thence North 11 *43'23" West — 100.04' to a 5/8" rebar and cap set, thence North 31059'54" West — 138.90' to the point and place of Beginning and containing ±0.65 Acres, more or less. This area is to be re- designated as RE5 from easement area E5 in Deed Book 1720 Page 238 and in Plat Cabinet 16 Slide 816. Vaughn & Melton Consulting Engineers 1318 -F Patton Avenue Asheville, North Carolina 28806 Lloyd D. Brown, PE, PLS PLS #3929 u U U U U U U U U U 13 Page Intentionally Left Blank Part 1. North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 Date: 2122106 Project: Lonesome Valley Latitude: 035-08 -08N Evaluator. AS Site: Logan Creek Longitude: 083-0348W Total Points: Stream is at least intamtittent 11�77,' f% County: Jackson other !ia 19 or mnnial Ka 30 2 e.g. quad Name: Cashiers ' A. Geomorphology (Subtotal= 3'5-tpj Absent- - Weak Moderate Strom 10. Continuous bed and bank 0 1 2 3p 2. Sinuosity 0 1 2 0 3. In- channel structure: riffle-pool sequence e 0 1 2 ('3J 4. Soil texture or stream substrate sorUng 0 1 2 3 5. Acttvelrelic floodplain 0 1 2 1.5 6. De ositlonal bars or benches 0 1 2 1.5 7. Braided channel 0 1 2 3 8. Recent alluvial deposits 0 1 2 3 98 Natural levees 0 1 2 ) 3 10. Headcuts 0 1 3 11. Grade controls 0 0.5 1 1.5 12. Natural valley or drainagaway 0 0.5 1 .5 13. Second or greater order channel on exisflna USGS or NRCS map or other documented evidence. No = 0 Yes = man -made naanes are not rates; see clscusslcns In manusl B. Wdroloov (subtotal = 11 ° 1 14. Groundwaterflow /discharge 0 1 2 3 15. Water in channel and > 48 hrs since rein, or Water in channel - dry or growIng season 0 1 2 3p 16. Leaflitter 1.5 1 FBT 5 0 17. Sediment on plants or debris 0 0.5 1 1.5 18. Organic debris 11nes or plies (Wrack lines ) 0 0.5 1 1 1.5 19. Hydric sops (redoximorphic features) present? No = 0 Yes = .5 C. Bioloav (Subtotal = on .C2 i 200. Fibrous roots in channel 3 2 ) 1 0 21". Rooted plants In channel 3 1 0 22. Crayfish 0 .5 1 1.5 23. Bivalves 0 1 2 3 24. Fish 0 0.5 1 1. 25. Amphlbians 0 1 1.5 26. Macrobenthos (note diversity and abundance ) 0 0.5 1 1.5 27. Filamentous algae; parlphyton 1 2 3 28. Iron oxidizing bacteria/rungus. 0.5 1 1.5 29 . Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL =1.5 SAV = 2.0; Other = 0 -a cw anu - iwua un wa p-nce - upiana punts, rem ca tocuses on the presence or squanc or weuano puns. Notes: (use back side of this form for additional notes.) Sketch: North Carolina Division of Water Quality - Stream identification Form; Version 3.1 Date: 2/22106 Project: Lonesome Valley Latitude: 035.08.08N Evaluator. AB Site: Logan Creek V`r 1 Longitude: 083.03 -48W Total Points: other Steam Is at least Intermfftent 4 ff a 3D % y ffz 19 or erennlal County: Jackson ea, quad Name: Cashiers A. Geomorphology (Subtotal Absent Weak Moderate Strong 1. Continuous bad and bank 0 1 2 3 2. Sinuoslty 0 1 2 0 3. In-channel structure: riffle -pool sequence 0 1 2 3 4. Soll texture or stream substrate sortin 0 1 2 3 5. Active /relic floodplain 0 1 2 3 6. Depoeitional bars or benches 0 .5 ) 2 3 7. Braided channel 0 1 2 3 8. Recent alluvial deposits 0 1 1 3 9a Natural levees 0 1 2 3 10. Headcuts 0 1 2 3 11. Grade controls 0 0.5 1.5 12. Natural valley or drainageway 0 0.5 1 1.5 13. Second or greater order channel on existing USGS or NRCS map or other documented evidence. No Yes = 3 - man -made aimnes are mn rated; see discussions in mane/ B. Wdroioav tubtotal = 9 1 14. Gmundwaterflow /discharge 0 1 -Cl) 3 15. Water in channel and > 48 hrs since rain, or Water in channel - dry or growina season 0 1 2 0 16. Leatiittter 1.5 1 .5 0 17. Sediment on plants or debris 0 0.5 1 1.5 18. Organic debris lines or piles (Wrack fines ) 1 0 1 0.5 1 1.5 19. Hydrlc solls (mdo)imorphlc features) resent? I No = 0 Yes 40 C. Bioloav (Subtotal = 1h i 2. Fibrous roots in channel 3 2 1 0 210. Rooted plants in channel 3 1 0 22. Crayfish 0 0.5 1 1.5 23. Bivalves 0 2 3 24. Fish 0 0.5 1 1.5 25. Amphibians 0 MET> 1.5 26. Macrobenthos (note divw tly and abundance) 0 .5 ) 1.5 27. Filamentous algae; periphyton 0 1 2 3 28. Iron oxidizing bactede tungus. 0 0.5 1 1.5 29 . Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL =1.5 SAV = 2.0; Other - 0 - Items 20 and 21 focus on me presence at upland prangs. Item 29 focuses on the presence of aquatic or weuana plants. Notes: (use back side of this form for additional notes.) Sketch: North Carolina Division of Water Quality - Stream Identification Form; Verslon 3.1 Date: 2122106 Project: Lonesome Valley Latitude: 03548.08N Evaluator. AB Site: Logan Creek - VT?- Longitude: 083- 03-48W Total Points: Other Stream is at least lntarmMent 1j�', County: Jackson e.g. Quad Name: Cashiers tf a 19 or perennial ft 30 A. Geomorphology (subtotal= Zh 1 Absent Weak Moderate Strong 1°. Continuous bed and bank 0 1 2 3U 2. Sinuosity 0 1 2 0 3. In- channel sttuctunw: dfflwpool sequence 0 1 2 3 4. Soil texture or stream substrate sorting 0 1 2 3 5. Active/relic floodplain 0 1 2 3 6. Depostdonal bars or benches 0 1 zy 3 7. Braided channel 0 1 2 3 B. Recent alluvial deposits 0 1 1 3 9° Natural levees 0 = 0.75; OBL =1.5 SAV = 2.0; Other = 0 2 3 10. Headcuts D 1 2 3 11. Grade controls 0 0.5 1.5 12. Natural valley or drainagewa 0 0.5 1 1.5 i3. Second or greater order channel on existing USGS or NRCS map or other documented evidence. No= Yes = 3 Man -mane ommes are not rated; see discussions in manual B. Hvdroloav (Subtotal = (o A i 14. Gmundwaterflow /discharge 0 1 1 3 15. Water in channel and > 48 hrs since rain, sr Water In channel - d or rowin season 0 1 2 3U 16. Leaflitter 1.5 1 Qy 0 17. Sediment on plants or debris 0 .5 1 1.5 18. Organic debris lines or plies (Wrack lines) 1 0 .5 1 1.5 19. Hydrlc sous (redo)imorphic features) present? I No 0 Yes =1.5 C. Bloloav (subtotal = '1.* ti 200. Fibrous roots In channel 3 1 0 21b. Rooted plants in channel 3 2 1 0 22. Crayfish 0 04 1 1.5 23. Bivalves 0 2 3 24. Fish 0 0.5 1 1.5 25. Amphibians 0 0.5 1 1.5 26. Macrobenthos (note dlvenelty and abundance ) 0 0. 1 1.5 27. Filamentous algae; periphyton 0 1 2 3 28. iron oxidizing bactedatrun us. -1975. 0 0.5 1 1.5 Wetland plains in streambed FAC = 0.5; FACW = 0.75; OBL =1.5 SAV = 2.0; Other = 0 items zu ana zi Torus on me presence of uprano plants, Item 2e focuses on the presence of aquatic or wetland plants. Notes: (use back side of this form for additlonal notes.) Sketch: North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 i Date: 2122106 Project: Lonesome Valley Latitude: 035 -08 -08N Evaluator: AB Site: Logan Creek - trrS Longitude: 083-034OW I oral Points: Stream Is at least Intermittent County: 5 County: Jackson eg Quad Name: Cashiers Na 19 orperennlat if t 30 A. Geomorphology (subtotal= 751 1 Absent Weak Moderate Strong 1B. Continuous bed and bank 0 1 2 0 2. Sinuosity 0 1 2 3 3. In- channel structure: riffle -pool sequence 0 1 2 3 4. Boll texture or stream substrate sorting 0 1 2 1.5 S. Active/relic floodplain 0 1 2 1.5 6. Depositional bars or benches 0 1 2 3 7. Braided channel 0 cy 2 3 8. Recent alluvial deposits 0 1 2 3 98 Natural levees 0 1 2 3 10. Headcuts 0 1 2 3 11. Grade controls 0 0.5 1 1.5 12. Natural valley or drainageway 0 0.5 1 1.5 13. Second or greater order channel on a )dst1 USGS or NRCS map or other documented evidence. No 0V Yes = 3 man-mace aucnes are nor rarea; see ciscussions in manual B. Hvdrolotiv (subtotal = i02 1 14. Groundwaterflow /discharge 0 1 1 3 15. Water in channel and > 48 hrs since rain, or Water In channel - dry or provAng season 0 1 2 0 16. Leaflltter 1.5 1 0.5 0 17. Sediment on plants or debris 0 0.5 1 1.5 18. Organic debris lines or piles (Wrack Ones ) 0 1 0.5 1 1.5 19. Hydric soils (redoximorphic features) present? No 0 Yes =1.5 C. Bioloav (subtotal = ",y i 20P. Flbrous roots to channel 3 CD 1 0 210. Rooted plants In channel 3 2 1 0 22. Crayfish 0 1 1.5 23. Bivalves 0 2 3 24. Fish 0 0.5 CTD 1.5 25. Amphibians 0 0.5 1 1.5 26. Macrobenthos (note diversity and abundance) 0 0.5 1 1.5 27. Filamentous algae; perlphyton 0 cy 2 3 28. Iron oxidizing bacteria/fungus. 0.5 1 1.5 29 . Wetland plants In streambed FAC = 0.5; FACW = 0.75; OBL =1.5 SAV = 2.0; Other = 0 -!rams zu an0 21 focus an me presence of upum plants, Item 29 focuses on the presence of aquatic or wetland plants. (Votes: (use track side of this form for additional notes.) Sketch: North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 I Date: 2122/06 Project: Lonesome Valley Latitude: 035.08 -08N Evaluator: AB Site: Logan Creek _ ur+ Longitude: 083- 03-48W Total Points: other Stream la at least lnfermittent ?� o, b County: Jackson e.g. Quad Name: Cashiers If a 19 orperennAd if 2:30 A. Geomorphology (Subtotal - 2 .yam Absent Weak = ; Moderate : Stro_ng ' 1B. Continuous bed and bank 0 1 2 0 2. Sinuosity 0 1 2 0 3. in- channel structure: riffle -pool sequence 0 1 2 1.5 4. Soil texture or stream substrate sorting 0 1 2 3 5. Active/relic flood lain 0 1 2 3 6. Depositional bars or benches 0 1 W 3 7. Braided channel 0 1 2 3 8. Recent alluvial deposits 0 1 2 3 98 Natural levees 0 1 2 3 10. Headcuts 0 1 2 3 11. Grade controls 0 0.5 1 1.5 12. Natural valley or drainageway 0 0.5 1 .5 13. Second or greater order channel on existing USGS or NRCS map or other documented evidence. No =E) Yes = 3 man -maoe aimnes ere not rama; see olsci1 ions in manual B. Hvdroloav (subtotal = (, 5 I 14. Groundwaterlow /discharge 0 1 2 3 15. Water in channel and > 48 hm since rain, gr Water In channel - dry or growina season 0 1 2 0 16. Leaflitter 1.5 1 1 0 17. Sediment on plants or debris 0 %.53 1 1.5 I B. Organic debris Unes or plies (Wrack lines) 0 1 .5 1 1 1.5 19. Hydric soils (redoximorphic features) present? No igP Yes =1.5 C. Bloloav (Subtotal= 'I.o i 20'. Fibrous roots in channel 3 1 0 21t'. Rooted plants In channel 3 2 1 0 22. Crayfish 0 .5 1 1.5 23. Bivalves 0 CD 2 3 24. Fish 0 0.5 1 1.5 25. Amphibians 0 92F 1 1.5 26. Macrobenthos (note diversity and abundance) 0 0. 1 1.5 27. Filamentous algae; periphyton 0 1 2 3 28. Iron oxidizing bacteria!(ungus. 0.5 1 1.5 29'. Wetland plants In streambed FAC = 0.5; FACW = 0.75; OBL =1.5 SAV = 2.0; Other = 0 items LV anu z i Tocus on me presence or upiana punts, item za tocuses on me presence of aquouc or waoena plants. Notes: (use back side of this form for additional notes.) Sketch: North Carolina Division of Water Quality -- Stream Identification Form; Version 3.1 Date: 2122108 Project: Lonesome Valley Latitude: 035- 08-OBN Evaluator: AB Site: Logan Creek - UTV Longitude: 083.03 -48W ■ - -- - -165\ . Stream !sat least fntermilterrt �t Jb •V ffz 19 orperennial flit 30 County: Jackson Other e.g. Quad Name: Cashiers A. Geomorphology (subtotal = �1�� Absent- Weak Moderate Strong 1B. Continuous bed and bank 0 1 2 3 2. Sinuosity 0 1 2 0 3. In- channel structure: rffile -pooi sequence 0 1 2 1.5 4. Soil texture or stream substrate sorting 0 1 2 3 5. Activa/relic floodplain 0 1 2 3 B. Depositional bars or benches 0 1 1 3 7. Braided channel 0 1 2 3 8. Recent alluvial deposits 0 1 2 1 1.5 1 Natural levees 0 1 2 3 10. Headcuts 0 1 3 11. Grade controls 0 0.5 1.5 12. Natural valley or drainagaway 0 0.5 1 13. Second or greater order channel on e)dsdnci USGS or NRCS map or other documented evidence. No = 0 Yes .� - Man -made ditches are not rated; see discussions In manual B. Hvdroloav isubtotai= 9•° 1 14. Groundwaterflow /discharge 0 1 CD 3 15. Water In channel and > 48 his since rain, or. Water In channel - dry or growinil season 0 1 2 (D 18. Leaflitter 1.5 1 .5 0 17. Sediment on plants or debris 0 0.5 d 1.5 18. Organic debris tines or piles (Wrack lines ) 0 1 0.5 CD 1.5 19. Hydrlc soils (redoximorphic features) present? No = 0 Yes 1. C. Bioloav (subtotal = 1,G i . Fibrous roots in channel 3 2 1 0 21 . Rooted plants In channel 3 2 1 0 22. Crayfish 0 .5 1 1.5 23. Bivalves 0 2 3 24. Fish 0 0.5 CD 1.5 25. Amphibians 0 1 1.5 28. Macrobenthos (note diversity and abundance) 0 1 1.5 27. Filamentous algae; parlphyton 1 2 3 28. Iron oxidizing bacteria/fungus. 92 0.5 1 1 1.5 29 b. Wetland plants In streambed FAC = 0.5; FACW = 0.75; OBL =1.5 SAV = 2.0; Other = 0 - Items zu and 27 focus on the presence of upland plants, Item zit focuses on me presence or aquadc or weuano plants. Notes: (use back side of this form for additional notes.) Sketch: n 1.J NC DWO Stream Identification Form Version 4.11 Date: ' } ;�;)• I I.', ; w: a : < t,r�,� ,,lei` Project/Site: U" v (_ ) Latitude: f t, Evaluator: W)\(. County: Longitude: gi Total Points: Stream is at least intermittent 1 a , Stream Determination (circle one) Ephemeral Intermittent Perennial Other 219 or perennial f 2 30" 2. Sinuosity of channel along thalweg e. Quad Name: �J A. Geomorphology Subtotal = L, Absent Weak Moderate Strong 1a Continuity of channel bed and bank 0 1 2') 3 2. Sinuosity of channel along thalweg 0 > 2 3 3. In- channel structure: ex. riffle -pool, step -pool, ripple-pool sequence 0 (1� 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active /relict floodplain 0 1 (2) 3 6. Depositional bars or benches 0 1 (2) 3 7. Recent alluvial deposits 0 0.5 2 3 8. Headcuts 0 1 (2) 3_ 9. Grade control 0 0.5 1 (1.5 10. Natural valley 0 0.5 1 X1.5 11. Second or greater order channel No = 0 Yes = 3 arancim ancnes are not ratea; see aiscussions in manual B. Hvdroloov (Subtotal = L,. i� 1 12. Presence of Baseflow 0 1 2 1 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 (0-51 0 15. Sediment on plants or debris 0 0,53 1 1.5• 16. Organic debris lines or piles 0 0.6 1 i 1.5i 17. Soil -based evidence of high water table? 'No = 0% Yes = 3 U. tttoloav (subtotal = iv i 18. Fibrous roots in streambed 3 ( 2) 1 0 19. Rooted upland plants in streambed (3 . 2, 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks COV 1 2 3 22. Fish 0 (0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 ( 1.5 ") 25. Algae (Oj 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: Sketch: ,<,,.t ,;� .i�,� 4tyc�(n! I a.r�c�.: °,is� PefenN,A 4 ; ��cam i� :)r "_� `�C} �4,, .ih�,�r�,lti'�,�` a'�c1 11as a 5�.nr-t - «k) 2; f i• •� �,) Page Intentionally Left Blank Part 2. Categorical Exclusion Form for Ecosystem Enhancement Program Projects Version 1.4 - Project Name: Project Lo an Creek Stream Restoration Count Name: Jackson County EEP Number: Project Sponsor: ClearWater Environmental Consultants Inc. Project Contact Name: Chris Grose Project Contact Address: 718 Oakland St; Hendersonville, NC 2979-1 Project Contact E -mail: rose cwenv.com EEP Project Mana er: Guy Pearce Project Description The Logan Creek Stream Restoration project will restore the proper dimension, pattern, and profile to approximately 5,000 linear feet of the main -stem of Logan Creek. Approximately 3,100 linear feet of tributaries to Logan Creek and several small wetland areas will be preserved through the creation of conservation easements. Restoration and enhancement work will address erosion, stream bank instability and impaired habitat throughout the project area. For Official Use Only Reviewed By: Date EEP Project Manager Conditional Approved By: Date For Division Administrator FHWA ❑ Check this box if there are outstanding issues Final Approval By: Date For Division Administrator FHWA Version 1.4, 8/18/05 Part 2: All Projects -. .. Coastal Zone Mana ement Act CZMA 1. Is the project located in a CAMA county? El Yes No 2. Does the project involve ground - disturbing activities within a CAMA Area of ❑ Yes Environmental Concern (AEC)? ❑ No N/A 3. Has a CAMA permit been secured? El Yes ❑ N/A N/ 4. Has NCDCM agreed that the project is consistent with the NC Coastal Management ❑ Yes Program? ❑ No [7N /A Comprehensive Environmental Response, Compensation and Liability Act CERCLA 1. Is this a "full-delivery' project? ErYes ❑ No 2. Has the zoning/land use of the subject property and adjacent properties ever been Yes designated as commercial or industrial? rofflNo ❑ N/A 3. As a result of a limited Phase I Site Assessment, are there known or potential ❑ Yes Mo hazardous waste sites within or adjacent to the project area? ❑ N/A 4. As a result of a Phase I Site Assessment, are there known or potential hazardous Yes waste sites within or adjacent to the project area? o R/A 5. As a result of a Phase II Site Assessment, are there known or potential hazardous 0 Yes waste sites within the project area? ❑ No [�N/A 6. Is there an approved hazardous mitigation plan? Yes ❑ No 9N /A National Historic Preservation Act Section 106 1. Are there properties listed on, or eligible for listing on, the National Register of El Yes Historic Places in the project area? ❑ No 2. Does the project affect such properties and does the SHPO/THPO concur? Yes ❑ No ❑ N/A 3. If the effects are adverse, have they been resolved? El Yes ❑ No ❑ N/A Uniform Relocation Assistance and Real PropeM Acquisition Policies Act Unifo rm Act 1. Is this a 'full-delivery' project? WYes ❑ o 2. Does the project require the acquisition of real estate? ff Yes ❑ No ❑ N/A 3. Was the property acquisition completed prior to the intent to use federal funds? Yes PrNo ❑ NIA 4. Has the owner of the property been informed: Yes • prior to making an offer that the agency does not have condemnation authority; and ❑ No • what the fair market value is believed to be? ❑ N/A Version 1.4, 8/18/05 Part 3: Ground-Disturbing Activities Regulation/Question American Indian Reli ious Freedom Act AIRFA 1. Is the project located in a county claimed as "territory" by the Eastern Band of EYes Cherokee Indians? ❑ No 2. Is the site of religious importance to American Indians? Yes 0 ❑ N/A 3. Is the project listed on, or eligible for listing on, the National Register of Historic El Yes Places? ff No ❑ N/A 4. Have the effects of the project on this site been considered? El Yes ❑ o N/A Antiquities Act AA 1. Is the project located on Federal lands? ❑ Yes [•�No 2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects Yes of antiquity? n No t4rN/A 3. Will a permit from the appropriate Federal agency be required? Yes ❑ Po N/A 4. Has a permit been obtained? 0 Yes ❑ o N/A Archaeolo ical Resources Protection Act ARPA 1. Is the project located on federal or Indian lands (reservation)? U Yes [ZNo 2. Will there be a loss or destruction of archaeological resources? ❑ Yes o AYes /A 3. Will a permit from the appropriate Federal agency be required? ❑ Flo /A 4. Has a permit been obtained? bXN ❑ Yes ❑ Flo N/A Endan ered Species Act ESA 1. Are federal Threatened and Endangered species and/or Designated Critical Habitat Yes listed for the county? ❑ o 2. Is Designated Critical Habitat or suitable habitat present for listed species? LffYes ❑ No ❑ N/A 3. Are T &E species present or is the project being conducted in Designated Critical ❑ Yes Habitat? ffN0 N/A 4. Is the project "likely to adversely affect' the species and /or "likely to adversely modify" �es P Designated Critical Habitat? No ❑ /A 5. Does the USFWS/NOAA- Fisheries concur in the effects determination? MYes ❑ No El N/A 6. Has the USFWS/NOAA- Fisheries rendered a "jeopardy" determination? ❑ es Lo El N/A Version 1.4, 8/18/05 Executive Order 13007 Indian Sacred Sites 1. Is the project located on Federal lands that are within a county claimed as "territory" Yes by the EBCI7 No 2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed Yes project? ❑ No ['N /A 3. Have accommodations been made for access to and ceremonial use of Indian sacred ❑ Yes sites? ❑ No /A Farmland Protection Policy Act FPPA 1. Will real estate be acquired? Yes No 2. Has NRCS determined that the project contains prime, unique, statewide or locally es H�l important farmland? ❑ /A 3. Has the completed Form AD -1006 been submitted to NRCS? GrYes ❑ No N/A Fish and Wildlife Coordination Act FWCA 1. Will the project impound, divert, channel deepen, or othermse control /modify any 9Yes water body? ❑ No 2. Have the USFWS and the NCWRC been consulted? es ❑ No ❑ N/A Land and Water Conservation Fund Act Section 6 1. Will the project require the conversion of such property to a use other than public, Yes outdoor recreation? o 2. Has the NPS approved of the conversion? ❑ Yes ❑ No a /A Ma nuson- Stevens Fishery Conservation and Management Act Essential Fish Habitat 1. Is the project located in an estuarine system? es No 2. Is.suitable habitat present for EFH- protected species? ❑ Yes ❑ No 2 N/A 3. Is sufficient design information available to make a determination of the effect of the ❑ Yes project on EFH? ❑ No /A 4. Will the project adversely affect EFH? ❑ Yes El No WN /A 5. Has consultation with NOAA- Fisheries occurred? Yes ❑ No N// A Mi-gratory Bird Treaty Act MBTA 1. Does the USFWS have any recommendations with the project relative to the MBTA? Yes R"No 2. Have the USFWS recommendations been incorporated? ❑ Yes ❑ No N/A Wilderness Act 1. Is the project in a Wilderness area? ❑Yes 0 2. Has a special use permit and /or easement been obtained from the maintaining El Yes federal agency? ❑ No PUA Version 1.4, 8/18/05 Part 2: All Projects Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Determination: No effect Environmental Data Resources, Inc (EDR) prepared a Radius Map Report with Geocheck for the Logan Creek Stream Restoration Project on August 14, 2006. Based on the EDR report, there are no known or potential hazardous waste sites within or adjacent to the project area. The Executive Summary of the EDR report is included in the Appendix. National Historic Preservation Act Determination: No effect (with conditions) Comments from the NC State Historic Preservation Office were received on August 30, 2006. This letter stated that the project as proposed will not affect any historic structures and that no archaeological sites are known to exist with the project boundaries. However, the NC State Historic Preservation Office also stated that "there is a high probability for the presence of prehistoric or historic archeological sites in the project area". They recommend that a comprehensive survey be conducted prior to the initiation of construction activities. Currently, associates from Buck Engineering, Inc. are negotiating this matter with Linda Hall of the NC Office of State Archeology. A Categorical Exclusion should be issued with the condition that this point will be resolved to satisfaction before beginning any ground - disturbing activities. There is a copy of an email correspondence indicating negotiation between Andrea Spangler of Buck Engineering and Linda Hall included in the packet for your review. Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act) Determination: No effect The property owners with land involved in the stream restoration project were notified prior to signing the Option Agreement for the Conservation Easement, that Buck Engineering did not have condemnation authority and what the fair market value is of the land involved. Copies of the Option Agreement are included. Part 3: Ground - Disturbing Activities American Indian Religious Freedom Act (AIRFA) Determination: No effect (with condition) The Eastern Band of Cherokee Indians was contacted on August 1, 2006 regarding this portion of the checklist. On November 8, 2006 Mr. Donnie Brew and Mr. Guy Pearce were contacted to determine if they had received a response directly. On November 9, 2006, both stated that they had not. Mr. Tyler Howe of the Eastern Band of Cherokee Indians was phoned on November 15, 2006 to determine if they had any comments. He requested an email copy of the original scoping letter, which was forwarded to him the same day. On November 21, 2006, an response letter was attached to an email from Mr. Howe with a follow -up stating that a signed hard copy would be placed in the mail. His letter states that the project is within the aboriginal territory of the Cherokee and that any information that is required by and forwarded to the NC State Historic Preservation Office should also be forwarded to his office for review. Endangered Species Act (ESA) Determination: No effect ClearWater Environmental Consultants, Inc. (CEC) has reviewed the US Fish and Wildlife Service ( USFWS) list of rare and protected animal and plant species and found that a total of six (6) species are known to occur in Jackson County: Bog turtle (Clemmys muhlenbergii;S /A), Carolina northern flying squirrel, (Glaucomys sabrinus), Indiana bat (Myotis sodalist), Appalachian elktoe (Alasmidonta raveneliana), Small whorled pagonia (Isotria medeoloides), and Swamp pink (Helonias bullata). Since the project primarily involves degraded streams riparian areas, federally protected species are not expected to be impacted by the proposed project. No suitable habitat for the Carolina northern flying squirrel or Appalachian elktoe is located within the limits of disturbance for the property. Suitable habitat for bog turtle and swamp pink was found in the some of the larger wetland areas adjacent to the project area. Suitable habitat was found in some upland hardwood forests for small whorled pagonias. Summer habitat for the Indiana bat does exist in the riparian corridor, but no winter habitat was found. CEC personnel conducted a pedestrian preliminary protected species survey on May 18 and May 24, 2005. The site was visited again by CEC personnel on September 28, 2005 to view fall blooming species during another pedestrian survey. A summary of the results of these surveys follows. Suitable habitat was found for bog turtle and swamp pink in the larger wetland areas located adjacent to Logan Creek. No examples of these species were observed during any of the pedestrian surveys. Furthermore, no ground disturbing activities will take place within the wetland areas. Suitable habitat for small whorled pagonia was found in some second -third growth upland forest. However, no small whorled pagonia was observed during on -site surveys. Lack of individual observations as well as limited disturbance activities within the habitat indicate a "no effect" determination in regards to the project's relation to Bog turtle, Small whorled pagonia, and Swamp pink. The Carolina northern flying squirrel prefers the ecotone between coniferous and mature northern hardwood forests usually above 4,500 feet. The project area consists of floodplain with maximum elevations of approximately 3,500 feet. Therefore, a "no effect" determination was made for the Carolina northern flying squirrel due to lack of suitable habitat. Riparian corridors adjacent to Logan Creek may provide suitable summer foraging habitat for the Indiana bat; however USFWS records indicate that Jackson County N.C. records of this species have all been winter records. No winter hibernation habitat was observed on the project site. Therefore a "no effect" determination was made. Based on the heavily degraded conditions on Logan Creek a "no effect" determination was made regarding the Appalachian elktoe. The Appalachian elktoe prefers morphologically stable stream segments with no silt accumulation or heavily shifting substrate, which does not currently exist on the site as the proposed project is to perform restoration activities on Logan Creek and its unnamed tributaries so that they become more morphologically stable. Staging areas will be located within the proposed riparian buffer limits. Two (2) access roads will be necessary for restoration activities. One will be located at the upstream portion of the project site and the other will cross a meadow area near the downstream end. These roads are fifteen (15) feet wide and will be necessary for the moving of materials and equipment in and out of the site. The US Fish and Wildlife Service and National Oceanic and Atmospheric Administration were contacted on August 1, 2006 regarding this portion of the checklist. As of September 25, 2006, no response has been received and it is assumed that they have no comments. Executive Order 13007 (Indian Sacred Sites) Determination: No effect (with condition) The Eastern Band of Cherokee Indians was contacted on August 1, 2006 regarding this portion of the checklist. On November 8, 2006 Mr. Donnie Brew and Mr. Guy Pearce were contacted to determine if they had received a response directly. On November 9, 2006, both stated that they had not. Mr. Tyler Howe of the Eastern Band of Cherokee Indians was phoned on November 15, 2006 to determine if they, had any comments. He requested an email copy of the original scoping letter, which was forwarded to him the same day. On November 21, 2006, a response letter was attached to an email from Mr. Howe with a follow -up stating that a signed hard copy would be placed in the mail. His letter states that the project is within the aboriginal territory of the Cherokee and that any information that is required by and forwarded to the NC State Historic Preservation Office should also be forwarded to his office for review. Farmland Protection Policy Act (FPPA) Determination: No effect A completed Form AD -1006 was completed by the local NRCS office and returned. It indicates no prime, unique, statewide, or locally important farmland present on the project site. A copy of the completed form is included and no additional documentation was provided by NRCS. Fish & Wildlife Coordination Act (FWCA) Determination: No effect The N.C. Wildlife Resources Commission was contacted on August 1, 2006 with a response dated August 21, 2006. The Commission stated that there would be no major resource concerns provided sedimentation from construction is minimized. Furthermore, in- stream construction and bank grading should occur outside of the trout spawning season (October 15 — April 15). Migratory Bird Treaty Act (META) Determination: No effect The US Fish and Wildlife Service was contacted on August 1, 2006 regarding this portion of the checklist. As of September 25, 2006, no response has been received and it is assumed that they have no comments. EXECUTIVE SUMMARY A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR). The report was designed to assist parties seeking to meet the search requirements of EPA's Standards and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for Environmental Site Assessments (E 1527 -05) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate. ADDRESS JACKSON COUNTY SAPPHIRE, NC 28774 COORDINATES Latitude (North): Longitude (West): Universal Tranver. UTM X (Meters): UTM Y (Meters): Elevation: 35.133700 - 35' 8' 1.3" 83.062200 - 83' 3'43.9" se Mercator. Zone 17 312109.2 3889618.5 3179 ft. above sea level USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property Map: 35083 -B1 BIG RIDGE, NC Most Recent Revision: 1991 South Map: 35083 -A1 CASHIERS, NC Most Recent Revision: 1991 TARGET PROPERTY SEARCH RESULTS The target property was not listed in any of the databases searched by EDR. DATABASES WITH NO MAPPED SITES No mapped sites were found in EDR's search of available ( "reasonably ascertainable ") government records either on the target property or within the search radius around the target property for the following databases: FEDERAL RECORDS NPL--- -- ------------- ------- National Priority List Proposed NPL----- --- - - - - -- Proposed National Priority List Sites Delisted NPL---------- - - - - -. National Priority List Deletions NPL RECOVERY ------------- Federal Superfund Liens CERCLIS----------- ---- - - - - -. Comprehensive Environmental Response, Compensation, and Liability Information . System CERC- NFRAP ---------------- CERCLIS No Further Remedial Action Planned TC01735558.1r EXECUTIVE SUMMARY 1 EXECUTIVE SUMMARY CORRACTS ------------------ Corrective Action Report RCRA- TSDF ----------------- Resource Conservation and Recovery Act Information RCRA- LQG ------------------ Resource Conservation and Recovery Act Information RCRASQG___ _______________ Resource Conservation and Recovery Act Information ERNS_ ___ _____ _______________ Emergency Response Notification System HMIRS__________ _____________ Hazardous Materials Information Reporting System US ENG CONTROLS --------- Engineering Controls Sites List US INST CONTROL --------- Sites with Institutional Controls DOD___ ___________ ___________ Department of Defense Sites FUDS________________________ Formerly Used Defense Sites US BROWNFIELDS ---------- A Listing of Brownfields Sites CONSENT_ __________________ Superfund (CERCLA) Consent Decrees ROD_________________________ Records Of Decision UMTRA_____________________ Uranium Mill Tailings Sites ODL________ ______________ ___ Open Dump Inventory TRIS___ ____________________ __ Toxic Chemical Release Inventory System TSCA________________________ Toxic Substances Control Act FTTS_______ ________ __ __ ______ FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, Rodenticide Act)/TSCA (Toxic Substances Control Act) SSTS ------------------------- Section 7 Tracking Systems ICIS_______________ __ _________ Integrated Compliance Information System PADS________________________ PCB Activity Database System MILTS________________________ Material Licensing Tracking System MINES_____________________ __ Mines Master Index File FINDS ------------------------ Facility Index System/Facility Registry System RAATS ----------------------- RCRA Administrative Action Tracking System STATE AND LOCAL RECORDS SHWS____________ ____________ Inactive Hazardous Sites Inventory NC HSDS______________ ______ Hazardous Substance Disposal Site IMD____ ___________ ___________ Incident Management Database SWF/LF__________ ____________ List of Solid Waste Facilities OLL -------------------------- Old Landfill Inventory LUST ------------------------- Regional UST Database LUST TRUST_____________ ___ State Trust Fund Database UST______________________ ____ Petroleum Underground Storage Tank Database AST_______________________ ___ AST Database INST CONTROL ------------- No Further Action Sites With Land Use Restrictions Monitoring VCP_ _____ __________ __________ Responsible Party Voluntary Action Sites DRYCLEANERS_____________ Drycleaning Sites BROWNFIELDS -------------- Brownfields Projects Inventory NPDES_______________________ NPDES Facility Location Listing TRIBAL RECORDS INDIAN RESERV_____________ Indian Reservations INDIAN LUST_ ___________ ____ Leaking Underground Storage Tanks on Indian Land INDIAN UST ------------------ Underground Storage Tanks on Indian Land EDR PROPRIETARY RECORDS Manufactured Gas Plants___ EDR Proprietary Manufactured Gas Plants EDR Historical Auto StationsEDR Proprietary Historic Gas Stations EDR Historical Cleaners____. EDR Proprietary Historic Dry Cleaners TC01735558.1r EXECUTIVE SUMMARY 2 EXECUTIVE SUMMARY SURROUNDING SITES: SEARCH RESULTS Surrounding sites were not identified. Unmappable (orphan) sites are not considered in the foregoing analysis. TC01735558.1r EXECUTIVE SUMMARY 3 EXECUTIVE SUMMARY . Due to poor or inadequate address information, the following sites were not mapped: Site Name ROGERS GULF CASHIERS FRMR MTN HIGH INC - FAIRFIELD NICHOLS PROPERTY CASHIERS EXXON SOUTHERN PUMP & TANK CO. FAIRFIELD SAPPHIRE VALLEY COUNTY CLUB OF SAPPHIRE VALLE ROGER'S GULF STATION CASHIERS EXXON STEWARTS TEXACO INC TOXAWAY CONCRETE CO. FRANK'S GROCERY 90 CONTEL OF N.C. CENTRAL OFFICE KWIK SNAK D.H. SMITH MCCOY'S GULF STATION HAROLD A. DARGEL JIM'S LANDING SOUTHERN MEADOWS CONVENIENCE PRICE'S GROCERY SAPPHIRE COUNTRY STORE L.B.M. INDUSTRIES. INC. RESOURCES PLANNING CORPORATION CEDAR CREEK WWTP STUART N YOUNGBLOOD PROJECT BOND FUEL CO. SIGNAL RIDGE MARINA - AST SIGNAL RIDGE MARINA - DRUMS BIG SHEEPCLIFF WATER SYS BLUE RIDGE SCHOOL WADE HAMPTON GOLF CLUB WWTP JACKSON UTILITY WWTP SAPPHIRE LAKES WWTP #1 SAPPHIRE LAKES WWTP #2 Database(s) LUST, IMD LUST, IMD LUST, IMD LUST, IMD LUST, IMD FINDS, LUST UST UST UST UST UST UST UST UST UST UST UST UST UST UST UST UST FINDS, NPDES FINDS, NPDES FINDS IMD IMD IMD ICIS NPDES NPDES NPDES NPDES NPDES TC01735558.1r EXECUTIVE SUMMARY 4 CLEARWATER ENVIRONMENTAL CONSULTANTS, INC. August 1, 2006 Renee Gledhill- Earley, Environmental Review Coordinator North Carolina State Historic Preservation Office MSC 4617 Raleigh, NC 27699 -4617 RE: Logan Creek Project Jackson County, NC Dear Ms. Gledhill - Earley, The Ecosystem Enhancement Program (EEP) requests review and comment on any possible issues that might emerge with respect to prime, unique, statewide or locally important farmland related to a potential wetland and stream restoration project. A site topographic map and a soils map have been included for your review as well as three (3) copies of Form AD- 1006 for Farmland Conversion Impact Rating. The Logan Creek site has been identified for the purpose of providing in -kind mitigation for unavoidable stream channel and wetland impacts. Several sections of channel have been identified as significantly degraded. No architectural structures or archeological artifacts have been observed or noted during preliminary surveys of the site for restoration purposes. Approximately 50% of the project area has been maintained in pasture suitable for livestock grazing. Approximately 40% of the project area is cove forest consisting primarily of hemlock overstory. The remaining 10% can be classified as either stream or wetland. On the enclosed soils map, please notice the limits of disturbance include Nikwasi and Cullowhee soils with small inclusions into Saunook soils. This map should be utilized within a limited scope as it represents approximate soil type boundaries only and is limited in its scale and detail. Nikwasi and Cullowhee soils are frequently flooded, active floodplain types. Saunook is more typical of well - drained ridge tops, benches, and toe slopes. Preliminary examination of this information by a third party indicates that there is a higher likelihood of potentially significant sites in the areas of Saunook soils. No disturbance is expected to take place in Saunook soils and due to level of detail and scale, the soils map presented overestimates work in Saunook soils. The vast majority of ground disturbance will take place within the floodplain (i.e., not ridge tops, benches, or toe slopes) where in- the -field observation of topography verified the soil type as either Nikwasi or Cullowhee and much less likely to contain archeological or religious sites. The limits of disturbance will further be adjusted to avoid ground disturbance to Saunook soils that may be accurate according to the soils map. 718 Oakland Street Hendersonville, North Carolina 28791 Phone: 828 -698 -9800 Fa c 828- 698 -9003 www.cwenv.com Staging areas will be located within the proposed riparian buffer limits. Two (2) access roads will be necessary for restoration activities. One will be located at the upstream portion of the project site and the other will cross a meadow area near the downstream end. These roads are fifteen (15) feet wide and will be necessary for the moving of materials and equipment in and out of the site. We ask that you review this site based on the attached information to determine if you know of any existing resources that we need to know about. In addition, please let us know the level your future involvement with this project needs to be (if any). If we have not received a response from you within 30 days, we will assume that you have no comment regarding the project. This letter is intended to satisfy any requirements of the Farmland Protection Policy Act. We thank you in advance for your timely response and cooperation. Please feel free to contact the below referenced EEP Project Manager with any questions that you may have concerning the extent of site disturbance associated with this project. Respectfully, R. Clement Riddle, P.W.S. Principal Cc: Guy Pearce EEP Project Manager 1652 Mail Service Center Raleigh, NC 27699 -1652 Source: Delorme 3D TopoQuads Big Ridge USGS Quad 1-1earWater 718 OAKLAND ST 6=.1momw LOGAN CREEK PROJECT SHEET NO. HENDERSOMLLE NC 28791 1 wcx a 2000 Far PHONE: (828) 698 -9800 D.Ayme.. ftnmental Consuftants, InC. Fax: (828) 698 -9003 a*L swman .�APrcM rJU., Nr nc� 'f35 r' North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Sandbeck, Administrator Michael F. Easley, Governor lisbeth C. Evans, Secretary Jeffrey J. Crow, Deputy Secretary August 30, 2006 Clement Riddle C1earWater Environmental Consultants, Inc. 718 Oakland Street Hendersonville, NC 28791 Office of Archives and History Division of Historical Resources David Brook, Director Re: EEP, Logan Creek Wetland and Stream Restoration, Jackson County, ER 06 -2135 Dear Mr. Riddle: Thank you for your letter of August 1, 2006, concerning the above project. There are no known recorded archaeological sites within the project boundaries. However, the project area has never been systematically surveyed to determine the location or significance of archaeological resources. Based on the topographic and hydrological situation, and the proximity of previously recorded archaeological sites, there is a high probability for the presence of prehistoric or historic archaeological sites in the project area. We recommend that a comprehensive survey be conducted by an experienced archaeologist to identify and evaluate the significance of archaeological remains that may be damaged or destroyed by the proposed project. Potential effects on unknown resources must be assessed prior to the initiation of construction activities. Two copies of the resulting archaeological survey report, as well as one copy of the appropriate site forms, should be forwarded to us for review and comment as soon as they are available and well in advance of any construction activities. A list of archaeological consultants who have conducted or expressed an interest in contract work in North Carolina is available at www.arch.dcr. state. nc. us /consults.httn. The archaeologists listed, or any other experienced archaeologist, may be contacted to conduct the recommended survey. We have determined that the project as proposed will not affect any historic structures. 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. Location Mailing Address Telephone/Fax ADMINISTRATION 507 N. Blount Street, Raleigh NC 4617 Mail Service Center, Raleigh NC 276994617 (919)7334763!133 -8653 RESTORATION 515 N. Blount Street, Raleigh NC 4617 Marl Service Center, Raleigh NC 27699 -4617 (919)733 - 6547!!15-0801 SURVEY & PLANNING 515 N. Blount Street, Raleigh, NC 4617 Mail Service Center, Raleigh NC 27699 -4617 (919)733- 65451115 4801 Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill- Earley, environmental review coordinator, at 919/733 -4763 ext. 246. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, �..�1.�2tdlJl�C eter Sandbeck CLEARWATER ENVIRONMENTAL CONSULTANTS, INC. August 1, 2006 Michelle Hamilton, Tribal Historic Preservation Specialist Eastern Band of Cherokee Indians Tribal Historic Preservation Office P.O. Box 455 Cherokee, NC 28719 RE: Logan Creek Project Jackson County, NC Dear Ms. Hamilton, The Ecosystem Enhancement Program (EEP) requests review and comment on any possible issues that might emerge with respect to archaeological or religious resources associated related to a potential wetland and stream restoration project. A site topographic map and a soils map have been included for your review. The Logan Creek site has been identified for the purpose of providing in -kind mitigation for unavoidable stream channel and wetland impacts. Several sections of channel have been identified as significantly degraded. No architectural structures or archeological artifacts have been observed or noted during preliminary surveys of the site for restoration purposes. Approximately 50% of the project area has been maintained in pasture suitable for livestock grazing. Approximately 40% of the project area is cove forest consisting primarily of hemlock overstory. The remaining 10% can be classified as either stream or wetland. On the enclosed soils map, please notice the limits of disturbance include Nikwasi and Cullowhee soils with small inclusions into Saunook soils. This map should be utilized within a limited scope as it represents approximate soil type boundaries only and is limited in its scale and detail. Nikwasi and Cullowhee soils are frequently flooded, active floodplain types. Saunook is more typical of well - drained ridge tops, benches, and toe slopes. Preliminary examination of this information by a third party indicates that there is a higher likelihood of potentially significant sites in the areas of Saunook soils. No disturbance is expected to take place in Saunook soils and due to level of detail and scale, the soils map presented overestimates work in Saunook soils. The vast majority of ground disturbance will take place within the floodplain (i.e., not ridge tops, benches, or toe slopes) where in -the -field observation of topography verified the soil type as either Nikwasi or Cullowhee and much less likely to contain archeological or religious sites. 718 Oakland Sheet Hendersonville, North Carolina 28791 Phone: 828-698-9800 Fax: 828- 698 -9003 www.cwenv.com tL , The limits of disturbance will further be adjusted to avoid ground disturbance to Saunook soils that may be accurate according to the soils map. Stages areas are planned to be located within the proposed riparian buffer limits. Two (2) access roads will be necessary for restoration activities. One will be located at the upstream portion of the project site and the other will cross a meadow area near the downstream end. These roads are fifteen (15) feet wide and will be necessary for the moving of materials and equipment in and out of the site. We ask that you review this site based on the attached information to determine if you know of any existing resource's that we need to know about. In addition, please let us know the level your future involvement with this project needs to be (if any). This scoping letter is intended to satisfy any requirements of the American Indian Religious Freedom Act and the National Historic Preservation Act that may arise as a result of this project. We thank you in advance for your timely response and cooperation. Please feel free to contact the below referenced EEP Project Manager with any questions that you may have concerning the extent of site disturbance associated with this project. Respectfully, R. Clement Riddle, P.W.S. Principal Cc: Guy Pearce EEP Project Manager 1652 Mail Service Center Raleigh, NC 27699 -1652 DATE: 21 - November - 06 TO: FHWA, NC Donnie Brew Environmental Protection Specialist EEP Liaison 310 Newbern Ave. Suite 410 Raleigh, NC 27601 Eastern Band of Cherokee Indians Tribal Historic Preservation Office P.O. Box 455 Cherokee, NC 28719 Ph: 828488 -0237 Fax 828488 -2462 PROJECT(S): Proposed streambank restoration, Logan Creek, Jackson County, North Carolina. The Tribal Historic Preservation Office of the Eastern Band of Cherokee Indians is in receipt of the above - referenced project information and would like to thank you for the opportunity to comment on this proposed NHPA Section 106 activity. The project's location is within the aboriginal territory of the Cherokee people. This area may have cultural, archaeological, or religious significance to the Eastern Band of Cherokee Indians. Potential cultural resources are subject to damage or destruction from land disturbing activities requiring new ground disturbance, or vegetation manipulation. Adverse effects to ethnographic sites, such as traditional Native American campsites or burials, can reduce the interpretative or spiritual significance of a site to Tribal and United States culture and history. The EBCI THPO requests any cultural resource data, including phase I archeological reports, topographic maps, historical research, or archives research, forwarded to the North Carolina State Historic Preservation Office for comment also be sent to this office in accordance with Section 106 of the NHPA. The EBCI THPO looks forward to participating in the project review process as a consulting party as stipulated in Section 106 of the National Historic Preservation Act of 1966. If we can be of further service, or if you have any comments or questions, please feel free to contact me at (828) 488 -0237 ext 2. Sincerely, Tyler B. Howe Tribal Historical Preservation Specialist Eastern Band of Cherokee Indians Cc: Chris Grose CLEARWATER ENVIRONMENTAL CONSULTANTS, INC. August 1, 2006 Marella Buncick, Endangered Species Biologist USFWS Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 RE: Logan Creek Project Jackson County, NC Dear Ms. Buncick, The Ecosystem Enhancement Program (EEP) requests review and comment on any possible issues that might emerge with respect to endangered species related to a potential wetland and stream restoration project. A site topographic map and a soils map have been included for your review. The Logan Creek site has been identified for the purpose of providing in -kind mitigation for unavoidable stream channel and wetland impacts. Several sections of channel have been identified as significantly degraded. Approximately 50% of the project area has been maintained in pasture suitable for livestock grazing. Approximately 40% of the project area is cove forest consisting primarily of hemlock overstory. The remaining 10% can be classified as either stream or wetland. C1earWater Environmental Consultants, -Inc. (CEC) has reviewed the US Fish and Wildlife Service ( USFWS) list of rare and protected animal and plant species and found that a total of six (6) species are known to occur in Jackson County: Bog turtle (Clemmys muhlenbergii;SIA), Carolina northern flying squirrel, (Glaucomys sabrinus), Indiana bat (Myotis sodalist), Appalachian elktoe (Alasmidonta raveneliana), Small whorled pagonia (Isotria medeoloides), and Swamp pink (Helonias bullata). Since the project primarily involves degraded streams riparian areas, federally protected species are not expected to be impacted by the proposed project. No suitable habitat for the Carolina northern flying squirrel or Appalachian elktoe is located within the limits of disturbance for the property. Potentially suitable habitat for bog turtle and swamp pink was found in the some of the larger wetland areas adjacent to the project area. Potentially suitable habitat was found in some upland hardwood forests for small whorled pagonias. Summer habitat for the Indiana bat does exist in the riparian corridor, but no winter habitat was found. CEC personnel conducted a pedestrian preliminary protected species survey on May 18 and May 24, 2005. The site was visited again by CEC personnel on September 28, 2005 to view fall 718 Oaldand Street Hendersonville, North Carolina 28791 Phone: 828-698-9800 Fax: 828 -698 -9003 www.cwenv.com blooming species during another pedestrian survey. A summary of the results of these surveys follows. Suitable habitat was found for bog turtle and swamp pink in the larger wetland areas located adjacent to Logan Creek. No examples of these species were observed during any of the pedestrian surveys. Furthermore, no ground disturbing activities will take place within the wetland areas. Suitable habitat for small whorled pagonia was found in some second -third growth upland forest. However, no small whorled pagonia was observed during on -site surveys. Lack of individual observations as well as limited disturbance activities within the habitat indicate a "no effect" determination in regards to the project's relation to Bog turtle, Small whorled pagonia, and Swamp pink. The Carolina northern flying squirrel prefers the ecotone between coniferous and mature northern hardwood forests usually above 4,500 feet. The project area consists of floodplain with maximum elevations of approximately 3,500 feet. Therefore, a "no effect" determination was made for the Carolina northern flying squirrel due to lack of suitable habitat. Riparian corridors adjacent to Logan Creek may provide suitable summer foraging habitat for the Indiana bat; however USFWS records indicate that Jackson County N.C. records of this species have all been winter records. No winter hibernation habitat was observed on the project site. Therefore a "no effect" determination was made. Based on the heavily degraded conditions on Logan Creek a "no effect" determination was made regarding the Appalachian elktoe. The Appalachian elktoe prefers morphologically stable stream segments in silt accumulation or heavily shifting substrate, which does not currently exist on the site as the proposed project is to perform restoration activities on Logan Creek and its unnamed tributaries so that they become more morphologically stable. Staging areas will be located within the proposed riparian buffer limits. Two (2) access roads will be necessary for restoration activities. One will be located at the upstream portion of the project site and the other will cross a meadow area near the downstream end. These roads are fifteen (15) feet wide and will be necessary for the moving of materials and equipment in and out of the site. Please provide comments on, any possible issues that might emerge with respect to endangered species, migratory birds or other trust resources from the construction of a wetland and/or stream restoration project on the subject property. If we have not heard from you in 30 days we will assume that our species list is correct, that you do not have any comments regarding associated laws, and that you do not have any information relevant to this project at the current time. This scoping letter is intended to satisfy any requirements of the Endangered Species Act, Fish and Wildlife Coordination Act, and the Migratory Bird Treaty Act. We thank you in advance for your timely response and cooperation. Please feel free to contact us with any questions that'you may have concerning the extent of site disturbance associated with this project. Sincerely, 1*� �&-4a R. Clement Riddle, P.W.S. Principal Cc: Guy Pearce EEP Project Manager 1652 Mail Service Center' Raleigh, NC 27699 -1652 CLEARWATER ENVIRONMENTAL CONSULTANTS, INC. August 1, 2006 Ron Sechler, Fishery Biologist NOAA- Fisheries Beaufort Field Office 101 Pivers Island Road Beaufort, NC 28516 RE: Logan Creek Project Jackson County, NC Dear Mr. Sechler, The Ecosystem Enhancement Program (EEP) requests review and comment on any possible issues that might emerge with respect to endangered species related to a potential wetland and stream restoration project. A site topographic map and a soils map have been included for your review. The Logan Creek site has been identified for the purpose of providing in -kind mitigation for unavoidable stream channel and wetland impacts. Several sections of channel have been identified as significantly degraded. Approximately 50% of the project area has been maintained in pasture suitable for livestock grazing. Approximately 40% of the project area is cove forest consisting primarily of hemlock overstory. The remaining 10% can be classified as either stream or wetland. C1earWater Environmental Consultants, Inc. (CEC) has reviewed the US Fish and Wildlife Service (USFWS) list of rare and protected animal and plant species and found that a total of six (6) species are known to occur in Jackson County: Bog turtle (Clemmys muhlenbergii, SIA), Carolina northern flying squirrel, (Glaucomys sabrinus), Indiana bat (Myotis sodalist), Appalachian elktoe (Alasmidonta raveneliana), Small whorled pagonia (Isotria medeoloides), and Swamp pink (Helonias bullata). Since the project primarily involves degraded streams riparian areas, federally protected species are not expected to be impacted by the proposed project. No suitable habitat for the Carolina northern flying squirrel or Appalachian elktoe is located within the limits of disturbance for the property. Potentially suitable habitat for bog turtle and swamp pink was found in the some of the larger wetland areas adjacent to the project area. Potentially suitable habitat was found in some upland hardwood forests for small whorled pagonias. Summer habitat for the Indiana bat does exist in the riparian corridor, but no winter habitat was found. 718 Oakland Street Hendersonville, North Carolina 28791 Phone: 828- 698 -9800 Fa c 828- 698 -9003 www.cwenv.com CEC personnel conducted a pedestrian preliminary protected species survey on May 18 and May 24, 2005. The site was visited again by CEC personnel on September 28, 2005 to view fall blooming species during another pedestrian survey. A summary of the results of these surveys follows. Suitable habitat was found for bog turtle and swamp pink in the larger wetland areas located adjacent to Logan Creek. No examples of these species were observed during any of the pedestrian surveys. Furthermore, no ground disturbing activities will take place within the wetland areas. Suitable habitat for small whorled pagonia was found in some second -third growth upland forest. However, no small whorled pagonia were observed during on site surveys. Lack of individual observations as well as limited disturbance activities within the habitat indicate a "no effect" determination in regards to the project's relation to Bog turtle, Small whorled pagonia, and Swamp pink. The Carolina northern flying squirrel prefers the ecotone between coniferous and mature northern hardwood forests usually above 4,500 feet. The project area consists of floodplain with maximum elevations of approximately 3,500 feet. Therefore, a "no effect" determination was made for the Carolina northern flying squirrel due to lack of suitable habitat. Riparian corridors adjacent to Logan Creek may provide suitable summer foraging habitat for the Indiana bat; however USFWS records indicate that Jackson County N.C. records of this species have all been winter records. No winter hibernation habitat was observed on the project site. Therefore a "no effect" determination was made. Based on the heavily degraded conditions on Logan Creek a "no effect" determination was made regarding the Appalachian elktoe. The Appalachian elktoe prefers morphologically stable stream segments in silt accumulation or heavily shifting substrate, which does not currently exist on the site as the proposed project is to perform restoration activities on Logan Creek and its unnamed tributaries so that they become more morphologically stable. Staging areas will be located within the proposed riparian buffer limits. Two (2) access roads will be necessary for restoration activities. One will be located at the upstream portion of the project site and the other will cross a meadow area near the downstream end. These roads are fifteen (15) feet wide and will be necessary for the moving of materials and equipment in and out of the site. Please provide comments on any possible issues that might emerge with respect to endangered species, migratory birds or other trust resources from the construction of a wetland and/or stream restoration project on the subject property. If we have not heard from you in 30 days we will assume that our species list is correct, that you do not have any comments regarding associated laws, and that you do not have any information relevant to this project at the current time. This J scoping letter is intended to satisfy any requirements of the Endangered Species Act that may arise as a result of this project. We thank you in advance for your timely response and cooperation. Please feel free to contact us with any questions that you may have concerning the extent of site disturbance associated with this project. Sincerely, 9- yj"� R. Clement Riddle, P.W.S. Principal Cc: Guy Pearce EEP Project Manager 1652 Mail Service Center Raleigh, NC 27699 -1652 CLEARWATER ENVmONmENTAL CONSULTANTS, INC. August 1, 2006 John Ottinger Natural Resource Conservation Service Bryson City Service Center Federal Building Suite 232 Bryson City, North Carolina 28713 RE: Logan Creek Project Jackson County, NC Dear Mr. Ottinger, The Ecosystem Enhancement Program (EEP) requests review and comment on any possible issues that might emerge with respect to prime, unique, statewide or locally important farmland related to a potential wetland and stream restoration project. A site topographic map and a soils map have been included for your review as well as three (3) copies of Form AD- 1006 for Farmland Conversion Impact Rating. The Logan Creek site has been identified for the purpose of providing in -kind mitigation for unavoidable stream channel and wetland impacts. Several sections of channel have been identified as significantly degraded. No architectural structures or archeological artifacts have been observed or noted during preliminary surveys of the site for restoration purposes. Approximately 50% of the project area has been maintained in pasture suitable for livestock grazing. Approximately 40% of the project area is cove forest consisting primarily of hemlock overstory. The remaining 10% can be classified as either stream or wetland. On the enclosed soils map, please notice the limits of disturbance include Nikwasi and Cullowhee soils with small inclusions into Saunook soils. This map should be utilized within a limited scope as it represents approximate soil type boundaries only and is limited in its scale and detail. Nikwasi and Cullowhee soils are frequently flooded, active floodplain types. Saunook is more typical of well- drained ridge tops, benches, and toe slopes. Preliminary examination of this information by a third party indicates that there is a higher likelihood of potentially significant sites in the areas of Saunook soils. No disturbance is expected to take place in Saunook soils and due to level of detail and scale, the soils map presented overestimates work in Saunook soils. The vast majority of ground disturbance will take place within the floodplain (i.e., not ridge tops, benches, or toe slopes) where in -the -field observation of topography verified the soil type as either Nikwasi or Cullowhee and much less likely to contain archeological or religious sites. 718 Oakland Street Hendersonville, North Carolina 28791 Phone: 828-698-9800 Fax: 828 -698 -9003 www.cwenv.com The limits of disturbance will further be adjusted to avoid ground disturbance to Saunook soils that may be accurate according to the soils map. Staging areas will be located within the proposed riparian buffer limits. Two (2) access roads will be necessary for restoration activities. One will be located at the upstream portion of the project site and the other will cross a meadow area near the downstream end. These roads are fifteen (15) feet wide and will be necessary for the moving of materials and equipment in and out of the site. We ask that you review this site based on the attached information to determine if you know of any existing resources that we need to know about. In addition, please let us know the level your future involvement with this project needs to be (if any). If we have not received a response from you within 30 days, we will assume that you have no comment regarding the project. This letter is intended to satisfy any requirements of the Farmland Protection Policy Act. We thank you in advance for your timely response and cooperation. Please feel free to contact the below referenced EEP Project Manager with any questions that you may have concerning the extent of site disturbance associated with this project. Respectfully, R. Clement Riddle, P.W:S. Principal Cc: Guy Pearce EEP Project Manager 1652 Mail Service Center Raleigh, NC 27699 -1652 U.S. Department of Agriculture FARMLAND CONVERSION IMPACT RATING PART I (To be completed by Federal Agency) Date Of Land Evaluation Request 8/1/06 Name Of Project Logan Creek Project Federal Agency Involved FHWA (through NCEEP) Proposed Land Use Stream Restoration Project County And State Jackson County, NC PART II (To be completed by NRCS) Date Request Received By NRCS Does the site contain prime, unique, statewide or local important farmland? Yes No (If no, the FPPA does not apply — do not complete additional parts of this form). ❑ Qr Acres Irrigated Average Farm Sae Major Crop(s) Farmable Land In GovL Jurisdiction Acres: % Amount Of Farmland As Defined in FPPA Acres: % Name Of Land Evaluation System Used Name Of Local Site Assessment System Date Land Evaluation Returned By NRCS PART III (To be completed by Federal Agency) Alternative Site Ratin Site A Site B Site C Site D A. Total Acres To Be Converted Directly B. Total Acres To Be Converted Indirectly 21.6 C. Total Acres In Site 21.6 0.0 0.0 0.0 PART IV (To be completed by NRCS) Land Evaluation Information A. Total Acres Prime And Unique Farmland B. Total Acres Statewide And Local Important Farmland C. Percentage Of Farmland In County Or Local Govt Unit To Be Converted D. Percentage Of Farmland In Govt. Jurisdiction With Same Or Higher Relative Value PART V (To be completed by NRCS) Land Evaluation Criterion Relative Value Of Farmland To Be Converted (Scale of 0 to 100 Points) 0 0 0 0 PART VI (To be completed by Federal Agency) Site Assessment Criteria (These criteria are explained in 7 CFR 658.5(b) Ma)amum Points 1. Area In Nonurban Use 2. Perimeter In Nonurban Use 3. Percent Of Site Being Farmed 4. Protection Provided By State And Local Government 5. Distance From Urban Builtup Area 6. Distance To Urban Support Services 7. Size Of Present Farm Unit Compared To Average 8. Creation Of Nonfarmable Farmland 9. Availability Of Farm Support Services 10. On -Farm Investments 11. Effects Of Conversion On Farm Support Services 12. Compatibility With Existing Agricultural Use TOTAL SITE ASSESSMENT POINTS 160 0 0 0 0 21ART VII (To be completed by Federal Agency) Relative Value Of Farmland (From Part V) 100 D 0 0 0 Total Site Assessment (From Part VI above or a local site assessment) 160 p 0 0 0 TOTAL POINTS (Total of above 2 lines) 260 0 0 0 0 iite Selected: Date Of Selection Was A Local Site Assessment Used? Yes 0 No teason For Selection: >ee Instructions on reverse side) Form AD -1006 (10 -83) Ala f— u.ee de..,.....f..en.......w......w �... u.at.... -� o.- .:...... -- r - -: W n. -a 41 CLEARWATER ENVIRONMENTAL CONSULTANTS, INC. August 1, 2006 Shannon Deaton NCWRC Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699 -1721 RE: Logan Creek Project Jackson County, NC Dear Ms. Deaton, The Ecosystem Enhancement Program (EEP) requests review and comment on any possible issues that might emerge with respect to endangered species related to a potential wetland and stream restoration project. A site topographic map and a soils map have been included for your review. The Logan Creek site has been identified for the purpose of providing in -kind mitigation for unavoidable stream channel and wetland impacts. Several sections of channel have been identified as significantly degraded. Approximately 50% of the project area has been maintained in pasture suitable for livestock grazing. Approximately 40% of the project area is cove forest consisting primarily of hemlock overstory. The remaining 10% can be classified as either stream • or wetland. Staging areas will be located within the proposed riparian buffer limits. Two (2) access roads will be necessary for restoration activities. One will be located at the upstream portion of the project site and the other will cross a meadow area near the downstream end. These roads are fifteen (15) feet wide and will be necessary for the moving of materials and equipment in and out of the site. Please provide comments on any possible issues that might emerge with respect to wildlife related issues from the construction of a wetland and/or stream restoration project on the subject Property. If we have not heard from you in 30 days we will assume that you do not have any comments regarding associated laws, and that you do not have any information relevant to this project at the current time. This scoping letter is intended to satisfy any requirements of the Fish and Wildlife Coordination Act that may arise as a result of this project. 718 Oakland Street • Hendersonville, North Carolina 28791 Phone: 828-698-9800 Fax. 828-698-9003 www.cwenv.com We thank you in advance for your timely response and cooperation. Please feel free to contact us with any questions that you may have concerning the extent of site disturbance associated with this project. Sincerely, G.Q. Clement Riddle, PWS Principal Cc: Guy Pearce EEP Project Manager 1652 Mail Service Center Raleigh, NC 27699 -1652 0 rn ® North Carolina Wildlife Resources Commission Richard B. Hamilton, Executive Director August 21, 2006 Clement Riddle C1earWater Environmental Consultants 718 Oakland Street Hendersonville, North Carolina 28791 SUBJECT. EEP Wetland and Stream Mitigation Project in Jackson County Logan Creek Dear Mr. Riddle: Biologists with the North Carolina Wildlife Resources Commission (Commission) received your letter dated August 1, 2006 regarding the Ecosystem Enhancement Program project on Logan Creek in Jackson County. Comments from the Commission are provided under provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). Logan Creek supports trout. Functional restoration of streams and wetlands in this watershed has the potential to improve trout habitat. Jackson County is a "trout county" per an agreement between the U.S. Army Corps of Engineers (ACOE) and the Commission. As such, Commission biologists review all Nationwide Permit applications here and make recommendations to minimize the adverse effects associated with some activities, including restoration work. Once a permit application is prepared for this project, a copy must be sent to me in order to solicit Commission concurrence and recommendations for the consideration by the ACOE. The Commission does not anticipate any major resource concerns with this project provided sedimentation from construction is minimized. Instream construction and bank grading should occur outside of the trout spawning season (October 15 — April 15) in the ACOE permit. Also, the stream channel dimensions, patterns, and profiles should reflect stable, reference conditions. If stream channel • modifications are warranted, overly and unnaturally sinuous channels should be avoided. The use of balled or container grown trees is recommended in the outside of channel bends to expedite long -term bank stability. Thank you for the opportunity to review and comment on this project. If there are any questions regarding these comments, please contact me at (828) 452 -2546 ext. 24. 0 • Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699 -1721 Telephone: (919) 707 -0220 - Fax: (919) 707 -0028 Logan Creek EEP scopmg Page 2 August 21, 2006 Jackson Sincerely, �4r. Dave McHenry Mountain Region Coordinator Habitat Conservation Program 0 0 Part 3. Y �r� os stem effiF nt P ROGRAM December 5, 2006 Mr. James A. Buck Buck Engineering, A Unit of Michael Baker 8000 Regency Parkway, Suite 200 Cary, North Carolina 27511 Subject: Conditional Approval of Categorical Exclusion Form for Logan Creek Stream Restoration Project Savannah River Basin – CU# 03060101 Jackson County, North Carolina Contract No. D06046 -A Dear Mr. Buck: Attached please find the CONDITIONAL approval of the Categorical Exclusion Form for the subject full delivery project. I have approved your invoice for completion of the Task i deliverable in the amount of $54,750.00 (5% of contract). You may also move forward to completion of Task 2 (submittal of a recorded conservation easement on the site). Please be advised however, that payment for Task 2 or any subsequent tasks will not be approved until FINAL approval of Task 1 has been granted by the Ecosystem Enhancement Program. If you have any questions, or wish to discuss this matter further, please contact me at any time. I can be reached at (919) 715 -1656, or email me at auv.aearceOlncmail.net. Sincerelyi;lr—t� t c. Guy C. Pearce EEP Full Delivery Program Supervisor cc: file WtortWg... Proj7", OW 0 North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 21699 -1651 / 919 -115 -0416 / www.nceep.net Categorical Exclusion Form for Ecosystem Enhancement Program Projects Version 1.4 Part 1: General Project Information Project Name: I Logan Creek Stream Restoration County Name: Jackson County EEP Number: Project Sponsor: ClearWater Environmental Consultants Inc. Project Contact Name: Chris Grose Project Contact Address: 718 Oakland St; Hendersonville, NC 28791 Pro ect Contact E -mail: cgrose@cwenv.com EEP Pro ect Manager: Guy Pearce Project Description The Logan Creek Stream Restoration project %mH restore the proper dimension, pattern, and profile to approximately 5,000 linear feet of the main -stem of Logan Creek. Approximately 3,100 linear feet of tributaries to Logan Creek and several small wetland areas will be preserved through the creation of conservation easements. Restoration and enhancement work will address erosion, strewn bank instability and impaired habitat throughout the project area. For - Reviewed By: 2 - - C9 4z, Date EEP Project Manager Conditional Approved By: 2,- S` c2 fo Date For Division Administrator FHWA Af Check this box if there are outstanding issues Final Approval By: Date For Division Administrator FHWA Version 1.4, 8/18105 Part 4. " iia tent PROGRAM EEP Floodplain Requirements Checklist This form was developed by the National Flood Insurance program, NC Floodplain Mapping program and Ecosystem Enhancement Program to be filled for all EEP projects. The form is intended to summarize the floodplain requirements during the design phase of the projects. The form should be submitted to the Local Floodplain Administrator with three copies submitted to NFIP (attn. Edward Curtis), NC Floodplain Mapping Unit (attn. John Gerber) and NC Ecosystem Enhancement Program. Project Location Name of project: Logan Creek Stream Restoration Project Name if stream or feature: Logan Creek County: Jackson Name of river basin: Savannah River Basin Cat. #03060101 Is project urban or rural? Rural Name of Jurisdictional municipality/county: Jackson County DFIRM panel number for entire site: 7582J Consultant name: Michael Baker Engineering, Inc Phone number: 828 - 350 -1408 Address: 797 Haywood Road, Suite 201, Asheville, NC, 28806 FEMA Compliance—EEP Checklist 28 Aug 07_Logan.docPage 1 of 5 Design Information Provide a general description of project (one paragraph). Include project limits on a reference orthophotograph at a scale of 1" = 500 ". Michael Baker Engineering, Inc. (Baker) proposes to restore, enhance or preserve 5,177 linear feet (LF) of stream along Logan Creek. The project site is located in Jackson County, approximately three miles east of Cashiers. The project site is on property owned by the Cow Rock Development Corp. and was previously held by the Jennings family for many years. Logan Creek is a low gradient, gravel bed stream that supports a good trout population. Logan Creek is within the Savannah River Watershed and is also within the N. C. Ecosystem Enhancement Program (EEP) targeted local watershed 10020, the Horsepasture River basin. There are sections of Logan Creek that are highly sinuous and other reaches that appear to have been straightened in the past. The channel is eroding its banks in many locations where woody vegetation has been removed and a grass field developed. There are other areas where dense stands of rhododendron have shaded out deep rooted tree species producing unstable, eroding banks and an over -wide condition. Baker will restore stable dimension, pattern and profile along 3,315 linear feet of stream, we will enhance 1,306 linear feet of stream, and preserve 556 linear feet of high quality stream. Summarize of stream reaches or wetland areas according to their restoration priority: Reach Len linear feet Priority Reach 1 3,100 1 Restoration Reach 2 1,018 Level Enhancement Reach 3 556 Preservation Reach 4 215 1 Restoration on 2 short segments of unnamed tributaries Reach 5 288 Level l Enhancement on 6 short segments o unnamed tributaries Floodplain Information Is project located in a Special Flood Hazard Area (SFHA)? r Yes r No If project is located in a SFHA, check how it was determined: Redehneation r Detailed Study V, Limited Detail Study r Approximate Study r Don't know List flood zone designation: AE Check if applies: r AE Zone r Floodway r Non - Encroachment FEMA Compliance_EEP Checklist 28 Aug 07_Logan.docPage 2 of 5 r None r A Zone r Local Setbacks Required I i No Local Setbacks Required If local setbacks are required, list how many feet: Does proposed channel boundary encroach outside floodway /non - encroachment/setbacks? rYes rNo Land Acquisition (Check) r State owned (fee simple) r Conservation easment (Design Bid Build) W, Conservation Easement (Full Delivery Project) Note: if the project property is state - owned, then all requirements should be addressed to the Department of Administration State Construction Office attn: Herbert Neil 919 8074101 Is community/county participating in the NFIP program? r Yes r No Note: if community is not participating, then all requirements should be addressed to NFIP (attn: Edward Curtis, 919 715 -8000 x369 Name of Local Floodplain Administrator: Tony Elders, CFM, Land Development Administrator /Jackson County Floodplain Manager (Point of Contact Is Robert Shelton, CFM) Phone Number: Contact number. 828 - 631 -2284 for Tony (2261 general) Jackson County Justice Center 401 Grindstaff Cove Road.,Suite A -258 Sylva, NC 28779 Email. ton elders acksonnc.or Floodplain Requirements This section to be filled by designer /applicant following verification with the LFPA r No Action F, No Rise R, Letter of Map Revision r Conditional Letter of Map Revision r Other Requirements List other requirements: 2' freeboard for bridges, culverts designed for 25-year. FEMA Compliance_EEP Checklist-28 Aug 07_Logan.docPage 3 of 5 Comments: The project proposes to redesign the stream with a slightly reduced stream length. No bridges or culverts are proposed. The anticipated action is no -rise followed up with a LOMR post - project (assuming that the reduction in BFE is >O.10'). If modeling results in small rise, CLOMR will be submitted. No structures are in the project vicinity so redesijzn is not likely to be required for a small rise. Name: Jacob P McLean Signature: ML-1 Title: PE CFM Date: " b 13 1 ) 3 Criteria for Flooding Requirements Grading less than 5ac: Notify LFPA Not Regulated, No Community Set -backs Grading more - No Impact Study (i„l,,, z,is,c.} than 5 ac: - LOMR if. Site BFE not< Establish Oft < Rise < 1 ft Defined W /Community BFE data. - CLOMR & LOMR if / ( wik \) Set -backs —. Rise > I ft (SFHA) (Al .1111 A I'. �'\I -\111) No Floodway (I ft No -Rise) Floodway defined (0 ft Nail (0 ft N No Impact Study \ CLOMR, LOMR if Rise not met LOMB, if Rise < 0.1 ft Summary of Scenarios Zone SFHA BFE loodway Comm. loodplain Criteria (map) Or Non- et -back ncroachment ,B,C o 0 0 o a. Notify Floodplain Administration . FP Dev. Permit maybe required Yes No 0 No a. If grading < 5 ac, notify LFPA. Yes No o Yes a. If No -Rise = 0 ft, LOMB not required . If Rise > 0 ft, LOMR is Required c. If Rise > 1 ft, CLOMR is required E, Yes Yes o /a a. No -Rise Study 1 -A30 b. CLOMR if > 1ft les c. LOMR EFW Yes Yes /a a. No -Rise Study 1 -A30 . CLOMR if > 0 ft c. LOMR FEMA Compliance_EEP Checklist 28 Aug 07_Logan.docPage 4 of 5 J a $ �� � � k 3j • A l t w.3lk Clemmons, Micky Subject: FW: Logan Creek Attachments: FLOODPLAIN DEVELOPMENT PERMIT.pdf From: Robby Shelton [ mailto :robertshelton @jacksonnc.org] Sent: Friday, June 28, 2013 10:02 AM To: McLean, Jake Cc: tonyelders @jacksonnc.org Subject: RE: Logan Creek Good Morning Jake On or about May 23,2013, we spoke over the phone about the Ecosystem Enhancement Program on Logan Creek in Jackson County, NC. As we discussed, there are currently no structures in the proximity of the SFHA and that I had visited the Cow Rock Development on May 15,2013 for an erosion control inspection on an unrelated project. While on the phone with you, I opened up our "ArcGIS" program and we were able to discuss the site while I looked at the orthos I have reviewed your EEP Requirement Checklist, and found it to be accurate. This project will be very helpful to this valuable trout stream. The attached Floodplain Development Permit is required for this project. 2013 468 will be your permit number. A $50.00 permit fee is required. Please feel free to call me at 828 - 631 -2256 if additional information is required. Robert S. Shelton, CFM From: McLean, Jake ( mailto:JMclean(&mbakercorp.coml Sent: Wednesday, June 26, 2013 12:40 PM To: 'Robby Shelton' Cc: Tony Elders; Clemmons, Micky Subject: RE: Logan Creek Robby, Can you please verify in email that we've discussed the project, you understand our activities and that what is in this checklist is accurate, particularly as it pertains to our discussions (see pg 3 and 4). Thanks, Jake 7acob P. McLean, PE, CFM I Civil Engineer I Michael Baker Corp 797 Haywood Road, Suite 201 1 Asheville, NC 28806 1 828.350.1408 x2007 (ofc) 1 828.545.3865 jmclean0mbakercoro.com I www.mbakercorl2.com • Part 5 The EDR Radius Map with GeoCheck® Logan Creek Stream Restoration Project Jackson County Sapphire, NC 28774 Inquiry Number: 01735558.1r August 14, 2006 EDR® Environmental Data Resources Inc The Standard in Environmental Risk Management Information 440 Wheelers Farms Road Milford, Connecticut 06461 Nationwide Customer Service Telephone: 1- 800 - 352 -0050 Fax: 1- 800 - 231 -6802 Internet: www.edrnet.com TABLE OF CONTENTS SECTION PAGE Executive Summary ------------------------------------------------- - - - - -- ES1 OverviewMap----------------------------------------------------- - - - - -- 2 DetailMap-------------------------------------------------------- - - - - -- 3 Map Findings Summary ---------------------------------------------- - - - - -- 4 MapFindings------------------------------------------------------ - - - - -- 6 OrphanSummary --------------------------------------------------- - - - - -- 7 Government Records Searched /Data Currency Tracking- - - - - - - - - - - - - - - - - - - - - - - - - - GR -1 GEOCHECK ADDENDUM Physical Setting Source Addendum------------------------------------ - - - - -- A-1 Physical Setting Source Summary -------------------------------------- - - - - -- A -2 Physical Setting SSURGO Soil Map------------------------------------- - - - - -- A -5 Physical Setting Source Map------------------------------------------ - - - - -- A-15 Physical Setting Source Map Findings---------------------------------- - - - - -- A -16 Physical Setting Source Records Searched.------------------------------ - - - - -- A-33 Thank you for your business. Please contact EDR at 1- 800 - 352 -0050 with any questions or comments. and Trademark Notice This Report contains certain information obtained from op a variety of puublic and other sources rreasonably available to Eppnvironmental Data oother souurces. NO WARRANTY EXPRESSED R IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. NVIRONMENTAL exist from DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS ". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to Provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice. Copyright 2006 by Environmental Data Resources, Inc. All rights reserved Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission. EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners TC01735558.1 r Page 1 EXECUTIVE SUMMARY A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR). The report was designed to assist parties seeking to meet the search requirements of EPA's Standards and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for Environmental Site Assessments (E 1527 -05) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate. TARGET PROPERTY INFORMATION ADDRESS JACKSON COUNTY SAPPHIRE, NC 28774 COORDINATES Latitude (North): Longitude (Vilest): Universal Tranven UTM X (Meters): UTM Y (Meters): Elevation: 35.133700 - 35° 8' 1.3" 83.062200 - 83° 3'43.9" ;e Mercator: Zone 17 312109.2 3889618.5 3179 ft. above sea level USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property Map: 35083 -B1 BIG RIDGE, NC Most Recent Revision: 1991 South Map: 35083 -A1 CASHIERS, NC Most Recent Revision: 1991 TARGET PROPERTY SEARCH RESULTS The target property was not listed in any of the databases searched by EDR. DATABASES WITH NO MAPPED SITES No mapped sites were found in EDR's search of available ( "reasonably ascertainable ") government records either on the target property or within the search radius around the target property for the following databases: FEDERAL RECORDS NPL---- ------- ----- --- - - - - -- National Priority List Proposed NPL-------- --- - -- Proposed National Priority List Sites Delisted NPL---- ----- --- - -- National Priority List Deletions NPL RECOVERY------ ---- - -- Federal Superfund Liens CERCLIS--------------------. Comprehensive Environmental Response, Compensation, and Liability Information System CERC- NFRAP-- ----- --- - - - - -. CERCLIS No Further Remedial Action Planned TC01735558.1r EXECUTIVE SUMMARY 1 EXECUTIVE SUMMARY CORRACTS------------ - - - - -. Corrective Action Report RCRA- TSDF----------- - - - - -- Resource Conservation and Recovery Act Information RCRA- LQG------------ - - - - -- Resource Conservation and Recovery Act Information RCRA-SQG------------ - - - - -- Resource Conservation and Recovery Act Information ERNS------------------ - - - - -- Emergency Response Notification System HMIRS----------------- - - - - -- Hazardous Materials Information Reporting System US ENG CONTROLS--- - - - - -. Engineering Controls Sites List US INST CONTROL--- - - - - -- Sites with Institutional Controls DOD------------------- - - - - -- Department of Defense Sites FUDS------------------ - - - - -- Formerly Used Defense Sites US BROWNFIELDS---- - - - - -- A Listing of Brownfields Sites CONSENT------------- - - - - -- Superfund (CERCLA) Consent Decrees ROD------------------- - - - - -- Records Of Decision UMTRA---------------- - - - - -- Uranium Mill Tailings Sites ODL------------------- - - - - -- Open Dump Inventory TRIS------------------- - - - - -- Toxic Chemical Release Inventory System TSCk----------------- - - - - -- Toxic Substances Control Act FITS------------------- - - - - -- FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) SSTS------------------ - - - - -- Section 7 Tracking Systems ICIS-------------------- - - - - -- Integrated Compliance Information System PADS------------------ - - - - -- PCB Activity Database System MLTS------------------ - - - - -- Material Licensing Tracking System MINES----------------- - - - - -- Mines Master Index File FINDS------------------ - - - - -. Facility Index System /Facility Registry System RAATS----------------- - - - - -- RCRA Administrative Action Tracking System STATE AND LOCAL RECORDS SHWS------------------ - - - - -. Inactive Hazardous Sites Inventory NC HSDS-------------- - - - - -- Hazardous Substance Disposal Site IMD-------------------- - - - - -- Incident Management Database SWF /LF---------------- - - - - -- List of Solid Waste Facilities OLL-------------------- - - - - -. Old Landfill Inventory LUST------------------ - - - - -- Regional UST Database LUST TRUST---------- - - - - -- State Trust Fund Database UST-------------------- - - - - -- Petroleum Underground Storage Tank Database AST-------------------- - - - - -- AST Database INST CONTROL No Further Action Sites With Land Use Restrictions Monitoring ------------ VCP-------------------------- Responsible Party Voluntary Action Sites DRYCLEANERS------- - - - - -- Drycleaning Sites BROWNFIELDS-------- - - - - -. Brownfields Projects Inventory NPDES----------------- - - - - -. NPDES Facility Location Listing TRIBAL RECORDS INDIAN RESERV------- - - - - -- Indian Reservations INDIAN LUST---------- - - - - -- Leaking Underground Storage Tanks on Indian Land INDIAN UST------------ - - - - -. Underground Storage Tanks on Indian Land EDR PROPRIETARY RECORDS Manufactured Gas Plants - -- EDR Proprietary Manufactured Gas Plants EDR Historical Auto StationsEDR Proprietary Historic Gas Stations EDR Historical Cleaners - - - -. EDR Proprietary Historic Dry Cleaners TC01735558.1r EXECUTIVE SUMMARY 2 EXECUTIVE SUMMARY SURROUNDING SITES: SEARCH RESULTS Surrounding sites were not identified. Unmappable (orphan) sites are not considered in the foregoing analysis. TC01735558.1r EXECUTIVE SUMMARY 3 EXECUTIVE SUMMARY Due to poor or inadequate address information, the following sites were not mapped: Site Name ROGERS GULF CASHIERS FRMR MTN HIGH INC- FAIRFIELD NICHOLS PROPERTY CASHIERS EXXON SOUTHERN PUMP & TANK CO. FAIRFIELD SAPPHIRE VALLEY COUNTY CLUB OF SAPPHIRE VALLE ROGER'S GULF STATION CASHIERS EXXON STEWARTS TEXACO INC TOXAWAY CONCRETE CO. FRANK'S GROCERY 90 CONTEL OF N.C. CENTRAL OFFICE KWIK SNAK D.H. SMITH MCCOY'S GULF STATION HAROLD A. DARGEL JIM'S LANDING SOUTHERN MEADOWS CONVENIENCE PRICE'S GROCERY SAPPHIRE COUNTRY STORE L.B.M. INDUSTRIES. INC. RESOURCES PLANNING CORPORATION CEDAR CREEK WWTP STUART N YOUNGBLOOD PROJECT BOND FUEL CO. SIGNAL RIDGE MARINA - AST SIGNAL RIDGE MARINA - DRUMS BIG SHEEPCLIFF WATER SYS BLUE RIDGE SCHOOL WADE HAMPTON GOLF CLUB WWTP JACKSON UTILITY WWTP SAPPHIRE LAKES WWTP #1 SAPPHIRE LAKES WWTP #2 Database(s) LUST, IMD LUST, IMD LUST, IMD LUST, IMD LUST, IMD FINDS, LUST UST UST UST UST UST UST UST UST UST UST UST UST UST UST UST UST FINDS, NPDES FINDS, NPDES FINDS IMD IMD IMD ICIS NPDES NPDES NPDES NPDES NPDES TC01 735558.1 r EXECUTIVE SUMMARY 4 • OVERVIEW MAP - 01735558.1 r J N 9 � •` 1 S f t C, * Target Property A Sites at elevations higher than or equal to the target property • Sites at elevations lower than the target property A Manufactured Gas Plants National Priority List Sites Landfill Sites ' Dept. Defense Sites U 111 1 2 Mika EMOMMMMMMMMEMW Indian Reservations BIA Hazardous Substance Power transmission lines Disposal Sites /V Oil & Gas pipelines ® National Wetland Inventory State Wetlands SITE NAME: Logan Creek Stream Restoration Project CLIENT: Buck Engineering ADDRESS: Jackson County CONTACT: Andrea Spangler Sapphire NC 28774 INQUIRY #: 01735558.1 r LAVLONG: 35.13371 83.0622 DATE: August 14, 2006 coWght o 2008 EDR, Ina O 2006 T@b Atlas Rel 07800.5. DETAIL MAP - 01735558.1 r 1.11 Y II1v �"-- * Target Property A Sites at elevations higher than or equal to the target property El Indian Reservations BIA 0 Hazardous Substance • Sites at elevations lower than /V Oil & Gas pipelines Disposal Sites the target property A Manufactured Gas Plants i Sensitive Receptors National Priority List Sites Landfill Sites Fr, fl Dept. Defense Sites SITE NAME: Logan Creek Stream Restoration Project CLIENT: Buck Engineering ADDRESS: Jackson County CONTACT: Andrea Spangler Sapphire NC 28774 INQUIRY #: 01735558.1r LAT /LONG: 36.1337 / 83.0622 DATE: August 14, 2006 Copyrlpht O 2008 EOR, lea. 0 2006 Tab Attu Rol OMAN. MAP FINDINGS SUMMARY TC01735558.1 r Page 4 Search Target Distance Total Database Property (Miles) < 1/8 1/8-1/4 1/4-1/2 1/2-1 > 1 Plotted FEDERAL RECORDS NPL 1.500 0 0 0 0 0 0 Proposed NPL 1.500 0 0 0 0 0 0 Delisted NPL 1.500 0 0 0 0 0 0 NPL RECOVERY 0.500 0 0 0 NR NR 0 CERCLIS 1.000 0 0 0 0 NR 0 CERC -NFRAP 1.000 0 0 0 0 NR 0 CORRACTS 1.500 0 0 0 0 0 0 RCRA TSD 1.000 0 0 0 0 NR 0 RCRA Lg. Quan. Gen. 0.750 0 0 0 0 NR 0 RCRA Sm. Quan. Gen. 0.750 0 0 0 0 NR 0 ERNS 0.500 0 0 0 NR NR 0 HMIRS 0.500 0 0 0 NR NR 0 US ENG CONTROLS 1.000 0 0 0 0 NR 0 US INST CONTROL 1.000 0 0 0 0 NR 0 DOD 1.500 0 0 0 0 0 0 FUDS 1.500 0 0 0 0 0 0 US BROWNFIELDS 1.000 0 0 0 0 NR 0 CONSENT 1.500 0 0 0 0 0 0 ROD 1.500 0 0 0 0 0 0 UMTRA 1.000 0 0 0 0 NR 0 ODI 1.000 0 0 0 0 NR 0 TRIS 0.500 0 0 0 NR NR 0 TSCA 0.500 0 0 0 NR NR 0 FTTS 0.500 0 0 0 NR NR 0 SSTS 0.500 0 0 0 NR NR 0 ICIS 0.500 0 0 0 NR NR 0 PADS 0.500 0 0 0 NR NR 0 MLTS 0.500 0 0 0 NR NR 0 MINES 0.750 0 0 0 0 NR 0 FINDS 0.500 0 0 0 NR NR 0 RAATS 0.500 0 0 0 NR NR 0 STATE AND LOCAL RECORDS State Haz. Waste 1.500 0 0 0 0 0 0 NC HSDS 1.500 0 0 0 0 0 0 IMD 1.000 0 0 0 0 NR 0 State Landfill 1.000 0 0 0 0 NR 0 OLI 1.000 0 0 0 0 NR 0 LUST 1.000 0 0 0 0 NR 0 LUST TRUST 1.000 0 0 0 0 NR 0 UST 0.750 0 0 0 0 NR 0 AST 0.750 0 0 0 0 NR 0 INST CONTROL 1.000 0 0 0 0 NR 0 VCP 1.000 0 0 0 0 NR 0 DRYCLEANERS 0.750 0 0 0 0 NR 0 BROWNFIELDS 1.000 0 0 0 0 NR 0 NPDES 0.500 0 0 0 NR NR 0 TC01735558.1 r Page 4 Database TRIBAL RECORDS MAP FINDINGS SUMMARY Search Target Distance Total Property (Miles) < 1/8 1/8-1/4 1/4-1/2 1/2-1 > 1 Plotted INDIAN LUST INDIAN UST EDR PROPRIETARY RECORDS 1.500 1.000 0.750 Manufactured Gas Plants 1.500 EDR Historical Auto Stations 0.750 EDR Historical Cleaners 0.750 NOTES: TP = Target Property NR = Not Requested at this Search Distance Sites may be listed in more than one database 0 0 0 0 0 0 0 0 0 0 NR 0 0 0 0 0 NR 0 0 0 0 0 0 0 0 0 0 0 NR 0 0 0 0 0 NR 0 TC01735558.1r Page 5 • Map ID MAP FINDINGS Direction Distance Distance (ft.) Elevation Site NO SITES FOUND EDR ID Number Database(s) EPA ID Number TC01735558.1r Page 6 ORPHAN SUMMARY Cdy EDR ID Site Name Site Address Zip Database(s) COUNTY S107779927 BLUE RIDGE SCHOOL NC HWY 107 28736 NPDES CASHIER 0003136771 COUNTY CLUB OF SAPPHIRE VALLE HWY 64 EAST PO BOX 1100 28717 UST CASHIERS S106520436 ROGERS GULF CASHIERS FRMR HIGHWAY 107 28717 LUST, IMD CASHIERS 0001192188 ROGER'S GULF STATION HIGHWAY 107 28717 UST CASHIERS 0003145120 CASHIERS EXXON 41 HWY 107 NORTH 28717 UST CASHIERS 0003134807 STEWARTS TEXACO INC HWY 107/PO BOX 739 28717 UST CASHIERS 0001192300 TOXAWAY CONCRETE CO. HWY 64 E. 28717 UST CASHIERS 0001202969 FRANKS GROCERY 90 HWY 64 EAST PO BOX 405 28717 UST CASHIERS 1004551135 RESOURCES PLANNING CORPORATION CEDAR HILL DEVELOPMENT 28717 FINDS, NPDES CASHIERS S101643652 MTN HIGH INC - FAIRFIELD CHEROKEE TRAIL 28717 LUST, IMD CASHIERS S103717720 NICHOLS PROPERTY CORNER OF US HIGHWAY 64 / 107 28717 LUST, IMD CASHIERS 0001199634 CONTEL OF N.C. CENTRAL OFFICE U.S. HIGHWAY 64 28717 UST CASHIERS S105764115 CASHIERS EXXON NC HWY 107 / US HWY 64 28717 LUST, IMD CASHIERS S107780762 WADE HAMPTON GOLF CLUB WWTP NC HWY 107 28717 NPDES CASHIERS 1004547719 CEDAR CREEK WWTP NCSR 1120 28717 FINDS, NPDES CASHIERS S105893547 SOUTHERN PUMP & TANK CO. SAPPHIRE VALLEY CO. CLUB 28717 LUST, IMD CASHIERS 1009253252 BIG SHEEPCLIFF WATER SYS STATE RD 107 28717 ICIS CHOCOWINITY 0003134178 KWIK SNAK 3570 HWY 17 8 33 28717 UST CHOCOWINITY 0001187947 D.H. SMITH HIGHWAY 33 28717 UST GLENVILLE S105912019 BOND FUEL CO. HIGHWAY 107 28736 IMD GLENVILLE 0001192572 MCCOY'S GULF STATION HIGHWAY 107 28736 UST GLENVILLE 0001206177 HAROLD A. DARGEL HWY 107 28736 UST GLENVILLE 0003138367 JIM'S LANDING HWY 107 28736 UST GLENVILLE S107672100 SIGNAL RIDGE MARINA - AST 4735 NC HIGHWAY 107 28736 IMD GLENVILLE S107672101 SIGNAL RIDGE MARINA - DRUMS 4735 NC HIGHWAY 107 28736 IMD GLENVILLE 0003943159 SOUTHERN MEADOWS CONVENIENCE 6188 N HIGHWAY 107 28736 UST HOT SPRINGS 0001436039 PRICE'S GROCERY RT. 1 BOX 128 28736 UST SAPPHIRE 1007721037 FAIRFIELD SAPPHIRE VALLEY 4000 HIGHWAY 64 WEST 28774 FINDS, LUST SAPPHIRE 0003146995 SAPPHIRE COUNTRY STORE 3 HWY 64 E 28774 UST SAPPHIRE 0001191675 L.B.M. INDUSTRIES. INC. P.O. BOX 40 - HIGHWAY 281 28774 UST SAPPHIRE S107780256 JACKSON UTILITY WWTP 4000 US HWY 64 W 28774 NPDES SAPPHIRE S107780598 SAPPHIRE LAKES WWTP #1 1600 US HWY 64 W 28774 NPDES SAPPHIRE S107780599 SAPPHIRE LAKES WWTP #2 1600 US HWY 64 W 28774 NPDES SW/LAKE TOXAWAY 1007726677 STUART N YOUNGBLOOD PROJECT NORTH C 281 BOHAYNEE ROAD 28774 FINDS TC01735558.1r Page 7 Part 6. North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Sandbeck, Administrator Michael F. Easley, Governor Lisbeth C. Evans, Secretary Jeffrey J. Crow, Deputy Secretary January 12, 2007 Micky Clemmons Buck Engineering 787 Haywood Road, Suite 201 Asheville, NC 28806 Office of Archives and History Division of Historical Resources David Brook, Director Re: Logan Creek, Puzzle Creek and Blockhouse Creek Stream Restorations, Jackson, Rutherford, and. Polk Counties, ER 06 -2135, ER 06 -2190, and ER 06 -2191 Dear Mr. Clemmons: Thank you for your letter of December 1, 2006, transmitting the archaeological survey report by Archaeological Consultants of the Carolinas, Inc. for the above projects. During the course of the survey, one site was located within the project area. The report authors have 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 CPR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill- Earley, environmental review coordinator, at 919/733 -4763 ext. 246. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Q "' eter Sandbeck cc: Bobby Southerlin, Archaeological Consultants of the Carolinas, Inc. Location Mailing Address Telephone/Fax ADMINISTRATION 507 N. Blount Street, Raleigh NC 4617 Mail Service Center, Raleigh NC 276994617 (919)733. 4763/7334653 RESTORATION 513 N. Blount Strut, Raleigh NC 4617 Mail Service Center, Raleigh NC 27699.4617 (919)733 - 6547/7154801 SURVEY & PLANNING 515 N. Blount Street, Raleigh, NC 4617 Mail Service Center, Raleigh NC 27699.4617 (919)733. 6545/715 -4801 DATE: 24 - January - 07 Eastern Band of Cherokee Indians Tribal Historic Preservation Office P.O. Box 455 Cherokee, NC 28719 Ph: 828 -554 -6852 Fax 828 -488 -2462 TO: FHWA NC Division Donnie Brew EEP Liaison 310 New Bern Ave., Suite 410 Raleigh, NC 27601 -1418 PROJECT(s): Phase I archeological assessment of Logan Creek stream bank restoration in Jackson County, Puzzle Creek stream bank restoration in Rutherford County, and Blockhouse Creek stream bank restoration in Polk County, North Carolina. The Tribal Historic Preservation Office of the Eastern Band of Cherokee Indians would like to thank you for the opportunity to comment on this proposed Section 106 activity under 36 C.F.R. 800. This office agrees with the archeologist's recommendation that no significant cultural resources were recovered during the archeological field work. In the event that project design plans change, this office should be notified to continue the Section 106 review process. In the event that cultural resources or human remains are inadvertently discovered, all work should cease and immediate Section 106 consultation between the federal government and the sovereign government of the Eastern Band of Cherokee Indians should begin. If we can be of further service, or if you have any comments or questions, please feel free to contact me at (828) 488 -0237 ext 2. mcerel Tyler B. Howe Tribal Historical Preservation Specialist Eastern Band of Cherokee Indians Cc: Mickey Clemmons Part 7 Endangered/Threatened Species Considered Some populations of plants and animals are declining as a result of either natural forces or their own difficulties in competing with humans for resources. Plants and animals with a federal classification of Endangered (E), Threatened (T), Proposed Endangered (PE), and Proposed Threatened (PT) are protected under the provisions of Section 7 and Section 9 of the Endangered Species Act of 1973. Seven species that the North Carolina Natural Heritage Program (NHP) lists under federal protection for Jackson County as of March 1, 2007 are listed in Table 2.4. A brief description of the characteristics and habitat requirements of the species under federal protection follows in Table 2.4, along with a conclusion regarding potential project impact. Table 1. Species Under Federal Protection in Jackson County Vertebrates Clemmys Bog Turtle T(S /A) N/A Yes/No effect Em didae muhlenber ii Carolina Glaucomys sabrinus Northern Flying Sciuridae coloratus Squirrel E E No/No effect Indiana Myotis Ves ertilionidae M otis sodalit bat E E No/No effect Invertebrates Alasmidonta Felktoe ppalachain Unionidae raveneliana E E No/No effect Plants Small whorled Orchidaceae Isotoria medeoloides pogonia T E Yes/No effect Liliaceae Helonias bullata Swamp pink T T -SC Yes/No effect Lichen Rock Gnome Cladoniaceae G mnoderma lineare Lichen E T No/No effect Notes: E An Endangered species is one whose continued existence as a viable component of the state's flora or fauna is determined to be in jeopardy. SC A Special Concern species is one that requires monitoring but may be taken or collected and sold under regulations adopted under the provisions of Article 25 of Chapter 113 of the General Statutes (animals) and the Plant Protection and Conservation Act (plants). T Threatened T(S /A) Threatened due to similarity of appearance. A species that is threatened due to similarity of appearance with other rare species and is listed for its protection. These species are not biologically endangered or threatened and are not subject to Section 7 consultation. 2.0.1 Federally Protected Vertebrates 2.6.1.1 Clemmys muhlenbergii (Bog Turtle) The Bog Turtle is among the smallest turtles of North America at only 3 -4.5 inches in length and with an average weight of 4 ounces. Its shell is light brown to ebony in color and it has a notable bright orange, yellow or red blotch on each side of its head. The bog turtle's preferred habitat in the southern Appalachians include sphagnum bogs, slowly drained swamps, and mucky, slow moving spring -fed streams in meadows and pastures that are typically less than 4 acres in size. Suitable habitat was found for the bog turtle in the larger wetland areas located adjacent to Logan Creek. However, no examples of this species were observed during pedestrian surveys of the site on May 18 and 24, 2005 and on September 28, 2005 Biological Conclusion: No Effect Project design for Logan Creek will be such that minimal land disturbing activities will take place in the wetland areas identified. By avoiding adverse impacts to potential habitat to the greatest extent possible, and referencing a lack of bog turtle observations, a "no effect" determination was assigned. 2.6.1.2 Glaucomys sabrinus coloratus (Carolina Northern Flying Squirrel) The Carolina northern flying squirrel is a small nocturnal gliding mammal some 260 to 305 millimeters (10 to 12 inches) in total length and 95 -140 grams (3 -5 ounces) in weight. It possesses a long, broad, flattened tail (80 percent of head and body length), prominent eyes, and dense, silky fur. The broad tail and folds of skin between the wrist and ankle form the aerodynamic surface used for gliding. Adults are gray with a brownish, tan, or reddish wash on the back, and grayish white or bully white ventrally. Juveniles have uniform dark, slate - gray backs, and off -white undersides. The northern flying squirrel can be distinguished from the southern flying squirrel by its larger size; the gray base of its ventral hairs as opposed to a white base in the southern species; the relatively longer upper tooth row; and the short, stout baculum (penis bone) of the males. Biological Conclusion: No Effect The Carolina northern flying squirrel prefers the ecotone between coniferous and mature northern hardwood forests usually above 4,500 feet. The project area consists of floodplain with maximum elevations of approximately 3,500 feet. Due to the lack of suitable habitat on the project site, a "no effect" determination was made for the Carolina northern flying squirrel. 2.6.1.3 Myods sodalis (Indiana Myotis) The Indiana bat is 3.5 inches long, with mouse -like ears, plain nose, dull, grayish fur on the back, and lighter, cinnamon -brown fur on the belly. Its "wingspread" ranges from 9.5 to 10.5 inches. From early October until late March and April, Indiana bats hibernate in large clusters of hundreds or even thousands in limestone caves and abandoned mines, usually near water. During summer, females establish maternity colonies of two dozen to several hundred under the loose bark of dead and dying trees or shaggy - barked live trees, such as the shagbark hickory. Hollows in live or dead trees are also used. Most roost trees are usually exposed to the sun and are near water. Males and non - reproductive females typically roost singly or in small groups. Roost trees can be found within riparian areas, bottomland hardwoods, and upland hardwoods (Nature Serve Explorer, 2006). Biological Conclusion: No Effect Riparian corridors adjacent to Logan Creek may provide suitable summer foraging habitat for the Indiana bat; however USFWS records indicate that Jackson County N.C. records of this species have all been winter records. No winter hibernation habitat was observed on the project site. Therefore a "no effect" determination was made. 2.6.2 Federally Protected Invertebrates 2.6 2.2 Alasmidonta raveneliana (Appalachain Elktoe) The Appalachian elktoe has a thin, but not fragile, kidney- shaped shell, reaching up to about 3.2 inches in length, 1.4 inches in height, and one inch in width (Clarke 1981). Like other freshwater mussels, the Appalachian elktoe feeds by filtering food particles from the water column. The specific food habits of the species are unknown, but other freshwater mussels have been documented to feed on detritus, diatoms, phytoplankton, and zooplankton (Churchill and Lewis 1924). The mussel's life span is unknown. Biological Conclusion: No Effect The Appalachian elktoe prefers morphologically stable stream reaches with no silt accumulation or heavily shifting substrate, which does not currently exist on the site. Given the degraded conditions on Logan Creek a "no effect" determination was made. 2.6.3 Federally Protected Plants 2.6.3.1 Isotria medeoloides (Small Whorled Pogonia) Small whorled pogonia is a small, perennial member of the Orchidaceae. These plants arise from long slender roots, with hollow stems terminating in a whorl of five or six light green leaves. The single flower is approximately one inch long, with yellowish -green to white petals and three longer green sepals. This orchid blooms in late spring, from mid -May to mid -June. Populations of this plant are reported to have extended periods of dormancy and to bloom sporadically. This small spring ephemeral orchid is not observable outside of the spring growing season. When not in flower, young plants of Indian cucumber -root (Medeola virginiana) also resemble small whorled pogonia; however, the hollow stout stem of Isotria separates it from the genus Medeola, which has a solid, more slender stem (U.S. Fish and Wildlife Service County Listing, 2007). Small whorled pogonia may occur in young as well as maturing forests, but typically grows in open, dry, deciduous woods and areas along streams with acidic soil. It also grows in rich, mesic woods in association with white pine and rhododendron. The primary threat to small whorled pogonia is habitat destruction resulting from residential or commercial development or forestry. Other threats, such as recreational use of habitat and inadvertent damage from research activities, have also been identified. Biological Conclusion: No Effect Second -Third growth upland forest in the vicinity of the project area was found to contain suitable habitat for the small whorled pogonia. However, no small whorled pogonia was observed during on -site surveys conducted May 18, and May 24, 2005. Lack of observations as well as limited disturbance activities within the habitat area resulted in a "no effect" determination. 2.6.3.2 Helonias bullata (Swamp Pink) A perennial, the Swamp Pink usually is one of the first wildflowers to bloom in the spring. The plant usually blooms from March to May. Its fragrant flowers are pink and occur in a cluster of 30 to 50. Its dark evergreen, lance- shaped, and parallel- veined leaves form a basal rosette which arises from a stout, hollow stem. This stem can grow from a height of 2 to 9 decimeters during flowering, and to 1.5 meters during seed maturation (U.S. Fish and Wildlife Service 1990). The plant's stout rootstock has many fibrous rootlets. During the winter, the leaves often turn reddish brown and will lie flat on, or slightly raised, from the ground. These winter leaves are often hidden by leaf litter, but a visible large button, in the center of the leaves, represents next season's flowerhead. The plant produces three -lobed fruit of an inverted heart shape. Each fruit has many ovules; each ovule opens into six lobes which release linear shaped seeds with appendages on both ends. Biological Conclusion: No Effect Larger wetland areas adjacent to Logan Creek contain suitable habitat for swamp pink. However, no species were located during on -site surveys conducted May 18 and May 24, 2005. In addition, no ground disturbing activities will occur in these wetlands areas. Therefore, a "no effect" determination was issued. 2.6.4 Federally Protected Lichen 2.6.4.1 Gymnoderma lineare (Rock Gnome Lichen) Rock Gnome Lichen grows in dense colonies of narrow straps ( squamules) that appear a bluish -grey on the surface and a shiny white on the lower surface. The squamules are about 1 millimeter across near the tip, tapering to the blackened base, sparingly and subdichotomously branched, and generally about I to 2 centimeters (.39 to .79 inches) long, although they can vary somewhat in length, depending upon environmental factors. Flowering occurs between July to September; fruiting bodies are located at the tips of the squamules and are also black. The squamules are nearly parallel to the rock surface, with the tips curling away from the rock, in a near perpendicular orientation to the rock surface. The rock gnome lichen is endemic to the southern Appalachian Mountains of North Carolina and Tennessee, where it is limited to 32 populations. Only seven of the remaining 32 populations cover an area larger than 2 square meters (2.4 square yards). Most populations are 1 meter (3.3 feet) or less in size. Rock gnome lichen habitat is located around humid, high elevation rock outcrops or vertical cliff faces or in rock outcrops in humid gorges at lower elevations. Most populations occur above an elevation of 1,524 meters (5,000 feet). Biological Conclusion: No Effect The project area is in a broad valley setting of mixed meadows and forested areas and does not meet the habitat criteria for the rock gnome lichen. A Biological Conclusion of No Effect is expected from the proposed project construction. APPENDIX C MITIGATION WORK PLAN DATA and ANALYSES Part 1. Existing Condition Geomorphic Data Part 2. Substrate Data Part 3. Reference Reach Data Part 4. Design Data and Analysis Part 5. Design Geomorphology and Vegetation Parameters Page Intentionally left Blank Feature Pool 3176 c 3174 ° 3172 3170 W 3168 3166 Stream BKF BKF Max BKF Type B, e th De th W/D BH Ratio ER BKF Elev TOB Elev C4 60.7 32.89 1.85 4.47 17.82 1.2 6.8 3172.66 3173.38 Pool Cross - section, station 5 +77 on Logan Creek 50 60 70 80 90 100 110 120 130 140 150 Station - - a - - Bankfull - - o - - Floodprone b Stream BKF BKF Max BKF Feature Type BKF Area Width Depth Depth W/D BH Ratio ER BKF Elev TOB Elev Riffle C4 58.4 38.72 1.51 3.42 25.68 1.5 3.4 3170.78 3172.33 Riffle Cross - section, station 11 +10 on Logan Creek 7 3175 3174 3173 g 3172 3171 w 3170 3169 3168 3167 rh ------------------------------------------------------------------------- - - - - -- 0 20 40 60 80 100 120 140 Station a Bankfull - - O - - Floodprone Feature Stream Type B I BKF Width BKF Depth IMaxBKFI De th W/D Il BH Ratio ER Ii BKF Elev TOB Elev Pool E4 1 55.2 24.92 2.22 4.02 11.25 1.4 10.7 3166.5 3168.1 0 0 m w 3172 3170 3168 3166 3164 3162 Pool Cross - section, station 21 +00 on Logan Creek 45 55 65 75 85 95 105 Station r> Ban (full o - - Floodprone Feature Pool U: 1 3175 ca 3170 3165 W 3160 3155 Stream Max BKF e JBKF Areal Width Depth Depth W/D BH Ratio C4 55.8 36.01 1.55 2.94 23.22 1.6 3.4 Pool Cross - section, station 29 +25 on Logan Creek .55 1 3 0 50 100 150 200 250 Station o - - Bankfull o - - Floodprone I* Feature Stream Type BKF Area BKF Width BKF Depth Max BKF Depth W/D BH Ratio ER BKF Elev TOB Elev Riffle E4 59.5 23.7 2.51 3.4 9.44 1 15.9 3164.2 3164.23 Riffle Cross - section, station 32 +05 on Logan Creek 3170 C �a 3166 3164 W triI:N �T[I1] 255 265 275 285 295 305 315 325 Station a - - Bankfull o - Floodprone • Feature Stream Type I BKF Areal I BKF Width BKF Depth Max BKF Depth W/D BH Ratio ER BKF Elev TOB Elev Riffle E4 55.8 23.83 2.34 3.66 10.17 1.1 17.8 3162.48 3162.99 Riffle Cross - section, station 36 +70 on Logan Creek 3166 _ 0 3164 w 3162 3160 3158 275 285 295 305 315 325 335 345 Station o - - Bankfull - - o - - Floodprone 10 Stream BKF BKF Max BKF Feature Type BKF Area Width De th -ems /D BH Ratio ER BKF Elev TOB Elev Riffle E4 58.4 1 22.86 2.56 3.84 8.94 1 8.1 3161.35 3161.35 Riffle Cross - section, station 41 +50 on Logan Creek 3165 --------------------- _ - - 3163 3161 3159 w 3157 - 3155 120 130 140 150 160 170 180 190 Station - - o - - Bankfull - - o - - Fioodprone Feature Pool 3175 3170 c 3165 3160 W 3155 3150 Stream BKF BKF Max BKF Type BKF Area Width Depth Depth C4 63.5 36.1 1.76 4.19 20.5 1.1 Pool Cross - section, station 46 +05 on Logan Creek 0 20 40 60 •I 1.3 1 3159.5 1 3159.87 80 100 120 140 160 Station - - o - - Bankfull - - o - - Floodprone Logan Creek Existing Profile 3190 3185 3180 3175 c 0 3170 a� W 3165 3160 3155 TWG WSF RTB LTB 3150 1 1 1 1 1 1 1 i I 0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 5500 6000 Station Page Intentionally Left Blank b N 100% 90% 80% 70% L 60% a� c E_ 50% m a� a 40% 30% 20% 10% 0% —A— Reach Composite Logan Creek - Reach -Wide Pebble Count Pebble Count Particle Size Distributions 0.01 0.1 1 10 100 1000 10000 Particle Size (mm) L: \projects \109243 - Logan Creek \Modeling \Sediment Samples \LoganPebbleCount, Reach -Wide Distribution 4/10/2007 100 90 80 70 60 Y Q 50 a> a 40 30 20 10 0 0.01 I• --W- Cumulative Percent ■ Class Percent 0.1 1 Pavement Particle Distribution Logan Creek - Pt. Bar 2nd Pool X -Sec. 10 100 1000 Particle Size Class (mm) Silt/Clay Sand Gravel Cobble Boulder 4 10. 10000 100 90 80 70 60 50 a., 40 30 20 10 0 0.01 Subpavement Particle Distribution Logan Creek - Pt. Bar 2nd Pool X -Sec. —F Cumulative Percent ■ Class Percent 0.1 1 10 100 Particle Size Class (mm) 1000 Silt/Clay Sand Gravel Cobble Boulder 10000 100 90 80 70 60 c a� 50 a 40 30 20 10 0 0.01 Subpavement Particle Distribution Logan Creek - Mid Channel Bar --*— Cumulative Percent IN Class Percent 0.1 1 10 100 1000 10000 Particle Size Class (mm) Silt/Clay Sand Gravel Cobble Boulder ► . w Feature Stream Type_ BKF Area I BKF Width BKF D Max BKF De th W/D BH Ratio ev TOB Elev Pool C4 20.1 15.88 1.27 2.28 12.53 1 1.4 2.6 I 99.37 100.21 102 0 100 r 99 w 98 97 Pool cross - section at 58.2, on unnamed tributary to Logan Creek ---------------------------------------------------------------------------------- - - - - -- 0 100 105 110 115 120 125 130 135 140 145 Station - - a - - Bankfull - O - - Floodprone I* Profile Chart - UT to Logan s TWA LTB RTB —WSF wo -10 10 30 50 70 90 110 130 150 Station Table 1 Reference Reach Geomorphic Parameters Min Min Max I Max Min I Max Min Max 1. Stream Type C4 E4 C4 E4 2. Drainage Area - square miles .83 1.9 7.2 2.08 2.67 3. Bankfull Width Wbkf - feet 16.7 18.5 29.5 22.6 4. Bankf tll Mean Depth dbkf - feet 1.06 2.8 2.2 2.43 5. Width/Depth Ratio (w /d ratio ) 15.76 6.6 13.4 9.3 6. Cross - sectional Area Abkf - SF 17.7 51 64.9 54.8 7. Bankfull Mean Velocity vbkf) - fps 3.55 - 5.5 3.28 8. Bankfull Discharge Qbkf - cfs 97.6 - 375 180 9. Bankf ill Max Depth (dmbkf) - feet 1.54 3.5 3.2 3.5 10. dmbkf / dbkf ratio 1.5 1.25 1.45 1.44 11. Low Bank Height to dmbkf Ratio 1.2 - 1.1 12. Flood prone Area Width w a) - feet 35 130 329 323 13. Entrenchment Ratio R 2.0 7.0 11.2 14.3 14. Meander length Lm - feet 150 185 1 260 350 - 15. Ratio of meander length to bankf ill width Lm /Wbkf) 9.0 10.0 11.9 - 16. Radius of curvature R, - feet 23 42.3 63.1 40.1 69.3 - 17. Ratio of radius of curvature to bankfull width Re / w kf 1.38 2.29 3.41 1.36 2.35 - 18. Belt width wblt - feet 80 30.5 44 59 75 - 19. Meander Width Ratio Wblt/Wbkf 4.8 1.65 2.38 2.00 2.54 - 20. Sinuosity (K) Stream Length/ Valley Distance 2.01 1.1 - 1.38 21. Valley Slope - feet per foot .0160 - - ..0045 22. Channel Sloe schannel - feet per foot .0079 0.009 .0144 .0033 23. Pool Sloe ool - feet per foot .0033 - .0019 - /24. Ratio of Pool Slope to Average Slope (Spool / Schannel) 2.01 - - - 25. Maximum Pool Depth ool - feet 2.28 3.5 4.1 2.2 2.8 4.2 26. Ratio of Pool Depth to Average Bankfull Depth d 1 /dbkf) 2.15 1.25 1.46 1.00 1.27 1.73 27. Pool Width wool) - feet 15.88 18.5 19.7 35 68 27.9 28. Ratio of Pool Width to Bankfull Width (W ,I / -bkf) .95 1.00 1.06 1.19 2.31 1.23 29. Pool Area (A,,001) - square feet 20.11 51 54.5 89.3 132.5 58.1 30. Ratio of Pool Area to Bankfull Area A ool /Abkf 1.14 1.00 1.07 1.38 2.04 1.06 31. Pool -to -Pool Spacing - feet 75 97.5 179.8 271 334 - 32. Ratio of Pool -to -Pool Spacing to Bankfull Width - /wb f 4.5 5.3 9.7 9.2 11.3 - 33. Riffle Sloe safe - feet per foot 0.019 0.015 0.019 0.020 - 34. Ratio of Riffle Slope to Average Slope Srift7e/ Sbkf 1.188 1.7 2.1 1.4 - Particle Size Distribution of Riffle Material Material d5o d16 -mm - 0.13 0.17 - d35 - mm - 0.3 29 - d50 - mm - 1.9 58 - dg4 - mm - 50 180 - d95 - mm - 100 300 - - data not available • Part 4. DESIGN DATA AND ANALYSIS 1.0 CHANNEL ASSESSMENT DATA 1.1 Channel Stability Assessment A naturally stable stream must be able to transport the sediment load supplied by its watershed while maintaining dimension, pattern, and profile over time so that it does not degrade or aggrade (Rosgen, 1994). Stable streams migrate across alluvial landscapes slowly, over long periods, while maintaining their form and function. Instability occurs when scouring causes the channel to incise (degrade) or excessive deposition causes the channel bed to rise (aggrade). A generalized relationship of stream stability was proposed by Lane (1955) that states the product of sediment load and sediment size is proportional to the product of stream slope and discharge, or stream power. A change in any one of these variables causes a rapid physical adjustment in the stream channel. A common sequence of physical adjustments has been observed in many streams following disturbance. This adjustment process is often referred to as channel evolution. Disturbance can result from channelization, increase in runoff due to build -out in the watershed, removal of streamside vegetation, and other changes that negatively affect stream stability. All of these disturbances occur in both urban and rural environments. Several models have been used to describe this process of physical adjustment for a stream. The Simon (1989) Channel Evolution Model characterizes evolution in six steps, including: 1. sinuous, pre - modified 2. Channelized 3. Degradation 4. Degradation and widening 5. Aggradation and widening 6. Quasi - equilibrium. Figure 1 (at the end of this section) illustrates the six steps of the Simon Channel Evolution Model. The channel evolution process is initiated once a stable, well - vegetated stream that interacts frequently with its floodplain is disturbed. Disturbance commonly results in an increase in stream power that causes degradation, often referred to as channel incision (Lane, 1955). Incision eventually leads to over - steepening of the banks and, when critical bank heights are exceeded, the banks begin to fail and mass wasting of soil and rock leads to channel widening. Incision and widening continue moving upstream in the form of a head -cut. Eventually the mass wasting slows, and the stream begins to aggrade. A new, low -flow channel begins to form in the sediment deposits. By the end of the evolutionary process, a stable stream with dimension, pattern, and profile similar to those of undisturbed channels forms in the deposited alluvium. The new channel is at a lower elevation than its original form, with a new floodplain constructed of alluvial material (FISRWG, 1998). The mainstem channel within the project area is a perennial stream with sections that appear to have been channelized in the past. Other sections of the stream flow through forest areas that were probably clear cut in the past, allowing thick stands of pioneering rhododendron to become established and to limit the density of other woody species. This watershed carries a high load of large grained sand and small gravels. The channel has a number of reaches within the forested sections that are impacted by debris jams that have caused erosion and channel over - widening. The straightened sections are eroding banks in order to reestablish a stable pattern of meandering. Some stable cross - sections within the project reach indicate that when deeply rooted vegetation is allowed to grow along the banks the stream takes on characteristics of an E channel. Table 1 summarizes the geomorphic parameters related to channel stability. Table 1 Stability Indicators — Logan Creek Stream Type C C C Riparian Vegetation Wide buffer of mature rhododendron plants with some mature trees scattered within the stand on the left bank. On the right bank is a thin forest of mixed trees, shrubs and herbaceous veg. Wide buffer of mature rhododendron plants with some mature trees scattered within the stand on the left bank. The right bank has only fescue grass and this is mowed. The right and left banks are fields of fescue grass that is mowed. There are a few scattered trees on each bank. Channel Dimension Bankfull Area SF 58.4 55.8 54.2 Width/Depth Ratio 25.7 1 23.2 22.4 Channel Pattern Meander Width Ratio 1.5 1.7 1.7 Sinuosity 1.16 1.25 1.25 Vertical Stability Bank Height Ratio (13HR) 1.45 1.6 1.86 Entrenchment Ratio ER >5.0 3.4 2.12 Evolution Scenario E- G -F -C -E E- G -F -C -E E- G -F -C -E Simon Evolution Stage] V IV IV Notes: 1. Simon Channel Evolution see Figure 3.2. 1.2 Bankfull Verification Baker applied several methods to verify the bankfull stage and discharge of the restoration reach of Logan Creek. Field- identified physical indicators were collected during the topographic survey; these indicators were used in conjunction with hydraulic modeling and discharge information from regional curve data and the USGS rural regression equations to evaluate bankfull estimates for consistency and accuracy. Bankfull indicators on the mainstem channel were identified in the field; indicators include a break in slope, an intermittent flat depositional feature, and a consistent scour line. Depth and area measurements of stable cross - sections with bankf ill indicators were compared to regional curve data to verify the quality of the indicators. Surveyed cross sections with bankf ill indicators were plotted on the regional curve yielding estimates of cross - sectional area shown in Figure 2, below. Logan Creek data points plotted on or near the North Carolina Mountain Rural Regional Curve (Harman et al, 2000); indicating that the bankf ill stage selected in the field was comparable with that of other Mountain streams of similar drainage area. Using cross - sections extracted from the detailed topographic survey of the stream and floodplain, Baker prepared a HEC -RAS hydraulic model (US Army Corps of Engineers 2002) with cross - sections spaced every 20 to 40 feet. Water surface elevations in the riffle and run cross - sections were used to determine which discharge most consistently hit bankf ill indicators throughout the project reach. Pool sections were excluded from the analysis because enlarged cross - sectional area typical of pools would overestimate conveyance area in the channel. This method was effective in determining a small range of bankfull discharges that would serve for choosing a reliable "effective" discharge for design. For comparison and verification, a curve of the most geographically- and size- relevant regional curve data was used to create a mini -curve for discharge. The chosen design value and the 2 -year USGS rural regression flow were plotted with the mini -curve in Figure 3. In accordance with observed bankf ill recurrence intervals between 1 -2 years (and commonly in the 1.2- 1.5 year range), the 2 -year USGS flow plots just above the mini -curve. Furthermore, the design flow rate plots well with existing regional curve data providing collaborative evidence for better confidence in the methods used. 1.3 Discharge Due to lack of gage data on Logan Creek, exhaustive efforts were made in an attempt to determine an appropriate design discharge. The strongest evidence came from HEC -RAS modeling which was produced from the existing conditions survey data. This data was used to create a surface model in AutoCAD, from which cross - sections were exported to HEC -RAS at intervals of 20 to 40 feet. Appropriate Manning's n values, slopes, and other model conditions were applied to provide a reliable backwater model. Flow rates, including the USGS regression flows, NC regional curve flow rates, and regional normalized flow duration curve flows from USGS gages in adjacent and regionally relevant gages, were modeled in HEC -RAS in order to assess what flow or flows produce flooding or inundation of the top of the bank and/or other floodplain formation ( bankfull) features such as benches in stable or stabilizing sections of the project reach. Since the project is located in an area of extremely high rainfall with significant fluctuations both within basins and between adjacent basins in the region, the HEC -RAS model was able to provide confidence in the design discharge that could not otherwise be achieved. We estimate the design bankfull discharge downstream of the confluence at the uppermost end of the restoration reach to be 180 cfs. Despite an increase in drainage area from the Right Prong Logan Creek confluence to the end of the project, this discharge consistently hit bankfull indicators and the top of the bank in stable areas throughout the restoration reach. This is thought to be a result of the diffuse nature of the flow paths and high occurrence of wetlands in this lower portion of the valley. As a result, this discharge was used for sediment transport and corresponding channel cross - section design throughout the project reach. 2.0 SEDIMENT TRANSPORT 2.1 Methodology The purpose of a sediment transport analysis is to ensure that the stream restoration design creates a stable channel that does not aggrade or degrade over time. The overriding assumption is that the project reach should be transporting all the sediment delivered from upstream sources, thereby being a "transport" reach. Sediment transport is typically assessed by computing channel competency, capacity, or both. Sediment transport competency is a measure of force (lbs /ft2) that refers to the stream's ability to move a given grain size. Quantitative assessments include shear stress, tractive force, and critical dimensionless shear stress. Since these assessments help determine a size class that is mobile under certain flow conditions, they are most important in gravel bed studies in which the bed material ranges in size from sand to cobble (of which only a fraction are mobile during bankfull conditions). In most sand and small gravel -bed systems, all particle sizes have potential during bankfull flows; therefore, there is no need to determine the maximum particle size that the stream can transport. Comparing the design shear stress values for a project reach to those for the existing conditions in a system allows a quantitative determination of reduction of erosive forces. 2.2 Sediment Transport Analysis and Discussion Existing channel form and sediment composition data, design data, hydraulic and sediment transport models, design spreadsheets, and best judgment were used to perform sediment transport analyses for Logan Creek. The small particle size makes sediment competence analysis secondary to sediment capacity. Adequate sediment transport capacity analysis provides confidence in the capability of the design to transport a long -term balanced volumetric sediment load through all segments of the restoration reach. A design incorporating sediment transport results has a higher likelihood of maintaining its vertical stability while adjusting within stable limits to watershed and in- stream changes. The existing project reach was modeled in HEC -RAS 4.0 (US Army Corps of Engineers 2006). The HEC -RAS sediment transport module incorporates sediment distribution data from field samples to estimate the concentration of sediment moving during design flow conditions based on the results of the water surface profile and velocities produced by the physical characteristics of the channel and floodplain. The result is a volumetric sediment discharge (or capacity) for the chosen design flow rate. Subpavement (or bulk) samples from point bar and mid - channel bar locations were used to determine the sediment distributions for sediment transport (Table 2). Appendix G contains cumulative frequency graphs for all sediment samples used in the sediment transport analyses. Project reaches have median particle sizes ranging from fine to medium size gravel. Design sediment sizes used in transport capacity analyses were D16 =0.7 mm, D50 =2.7 mm, and D84 =14mm. The analyses were also checked for sensitivity to design sediment; transport capacity had an acceptably small sensitivity to the variations in distribution exhibited in the sediment samples. Table 2 Particle Size Distribution from different sediment samples of Lo an Creek Channel materials article. Size Pebble D16= 0.8 16.8 0.6 0.7 D35 = 5.8 19.9 2.1 2.0 D50 = 1 12.4 32.2 8.1 2.5 D84 = 35.4 43.0 19.8 10.5 D95 = 169.6 54.2 33.3 19.5 D100 = > 2048 45-64 52.0 16-22.6 Volumetric sediment discharge was analyzed at existing stable cross - sections in the project reach. These reference cross - sections are used to determine what the design sediment flow rate should be. The stable channel design module within HEC -RAS allows the modeler to incorporate design sediment discharge and design flow rate data in order to produce dimensions and energy slopes which will capably transport the sediment and water. Various combinations of channel cross - section and profile were assessed for their capability to move the design sediment discharge. These stable dimensions and slopes were incorporated into the typical riffle cross - section and design slope of the project. While sediment competency is not considered to be a significant concern due to the presence of primarily sand and small gravel sediment sizes, a design depth capable of moving the largest sediment particles in the channel was determined. Sediment transport competency is measured in terms of the relationship between critical and actual depth at a given slope, and it occurs when the critical depth produces enough shear stress to move the largest (d,00) subpavement particle. The critical design depth is 1.4 feet, and the critical slope is 0.00229 feet per foot. The design depth is 2.25 feet and the proposed slope is 0.0032 feet per foot as shown in Table 6.2 (in main paper). As a second check of sediment transport competency, boundary shear stress was plotted on Shield's curve to estimate the largest moveable particle. The Shield's curve predicts the mobility of particles larger than the dioo observed in the subpavement. Both of these sediment transport competency analyses confirm the ability of the design channel to transport the sediment load, not surprising for a sand and small gravel system 3.0 FLOOD MODELING During project design, efforts that occurred prior to the new floodplain maps becoming available, a HEC -RAS model was built from the existing conditions survey to evaluate how bankfull indicators aligned with the bankfull discharge and to evaluate sediment transport as explained in Section 2.0 above. At that time, there was no requirement to model this reach for impacts on Base Flood Elevations (BFEs) in the Special Flood Hazard Areas (SFHA) because the area was zoned "A ". At this time, with new effective maps in Jackson County, Logan Creek is now mapped as a zone "AE" stream and has published BFEs and non- enroachment areas. This project will require flood modeling which has not been completed to date. However, there are no structures located in or adjacent to the SFHA and the results of the flood modeling for this project will not impact the design regardless of whether the result is a rise or decrease. Based on the design channel dimensions and slope, any change in the BFEs is expected to be minimal ( <1' change). Baker has discussed this project with the local Floodplain Administrator and they do not have any concerns related to the project and have concurred with the assessment provided here and in the EEP Floodplain Checklist included in this report. 4.0 IN- STREAM STRUCTURES A variety of in- stream structures are proposed for the Logan Creek site. Structures such as root wads, log cross -vanes and log vanes, and bioengineering measures such as geolifts will be used to stabilize the newly- restored stream. Wood (as opposed to rock )structures will primarily be used on this site because that is the material observed in the existing system and it is being generated by the development in the watershed and during the channel construction process. Table 3 summarizes the use of in- stream structures at the site. Table 3 Proposed In- Stream Structure Types and Locations Log J -hook Vane Riffles to turn water off of the stream bank and provide convergence for habitat improvement. Log Step Riffles for habitat diversity. Root Wad Outside bank of meander bends for stability and habitat. Log Cross Vane Straight sections to reduce stream width, center thalweg and improve habitat. 0 Hanging Cover Log Riffles to create pool habitat. Root Wad and Log Sill Riffles for grade control and pool habitat. Embedded Los Primarily riffles to improve habitat diversity. Bunker In meander bends for stability and habitat improvement Vegetated Geo -lift Outside meander bends for stability and vegetative cover. Cover Log In pools to provide habitat features. Log Vane In meander bends to turn water provide minimal pool habitat. Log J -hook Vane A log J -hook vane serves that same purposes and is constructed in the same manner as the log vane. The difference is that at the end of the vane arm a "comma" shaped series of rocks is placed in the channel to promote convergence of flow and scouring of the bed. This modification to the log vane promotes pool formation and habitat improvement. One of these structures will be constructed in Reach 2. Log Step A log step is used to enhance habitat and bed form diversity through longer riffle reaches. Log steps are constructed from 20 -30 foot long logs with the rootwad attached. The length of a single log is laid across and upstream on the channel and spans the channel width. A series of two to four logs are installed to provide the bed diversity desired. A log step series is planned at one location on Reach 1, at two locations on Reach 2 and at 1 location on Reach 3. Root Wad Root wads are placed at the toe of the stream bank in the outside of meander bends for the creation of habitat and for stream bank protection. Root wads include the root mass or root ball of a tree plus a portion of the trunk. They are used to armor a stream bank by deflecting stream flows away from the bank. In addition to stream bank protection, they provide structural support to the stream bank and habitat for fish and other aquatic animals. They also increase substate surface area for aquatic insects and other benthic organisms. Root wads will be placed throughout Reach 2 of the Logan Creek project and at one location on both Reach 1 and Reach 3. Log Cross Vane Cross vanes are used to provide grade control, keep the thalweg in the center of the channel, promote channel narrowing and protect the stream bank. A cross vane consists of two log vanes joined by a center structure installed perpendicular to the direction of flow. This centering structure sets the invert elevation of the stream bed. One of these structures will be placed in each of the project reaches to center the thalweg and promote stream narrowing. Hanging Cover Log This structure is new and is being tried at one location in Reach 3. It is designed to act like a tree that has fallen across the channel. It will be tied into the bank on one side of the channel and will rise to rest at bankfull on the far side of the channel. When a log hangs over the channel in this fashion it causes pressure and scour on the bed below the hanging cover log. This should help move sediment through this reach and create pool habitat in an area that now has a shallow sand bed. Rootwad and Log Sill Log sills consist of a footer log placed in the bed of the stream channel, perpendicular to stream flow. The logs extend into the stream banks on both sides of the structure to prevent erosion and bypassing of the structure. The logs are installed flush with the channel bottom upstream of the log. The footer log is placed to the depth of scour expected, to prevent the structure from being undermined. Rootwads are added into both left and right banks immediately below the sill to narrow the convergence zone, extend the pool and support the sill. Log sills provide bedform diversity, maintain channel profile, and provide pool and cover habitat. One of these structures will be installed in Reach 1 and two in Reach 3. Embedded Logs Embedded log placement is proposed in riffle areas throughout the project. Some specific sites have been identified for installation of these structures, but additional sites may be determined in the field as opportunities arise. The woody structure placement produces lateral and vertical flow diversity at low flows. At bankfull flows, the logs serve as energy dissipation features, adding to the overall bed roughness and providing local downstream eddy and scour pool microhabitat. Bunker Bunkers are placed at the toe of the stream bank in the outside of meander bends for the creation of habitat and for stream bank protection. The base is constructed like a rootwad installation with the logs placed at or just below water level. Behind the rootwad and on the logs a deck is constructed of treated wood or small tree trunks. This is covered with a geo- textile and filled to the bankfull elevation. This structure provides an artificial undercut bank that benefits fisheries, particularly trout fisheries. Bunkers will be placed throughout Reach 2. Vegetated Geolift Soil lifts of 1.0 to 1.5 feet thick are constructed on a stone base. The lift is filled and compacted to the appropriate depth and is then wrapped with coir matting. A second layer of matting is laid down and fill is compacted on it to the appropriate depth and then wrapped. This continues until the desired elevation is reached. Vegetation can then be planted directly into the lifts as either live stakes or rooted material. Vegetated geolifts help to establish vegetation on the bank to secure the soil. Once the vegetation is established, the branches also provide cover and food for wildlife. Vegetated geolifts will be placed throughout Reach 2 of the Logan Creek project. Cover Log A cover log is placed in the outside of a meander bend to provide habitat in the pool area. The log is buried into the outside bank of the meander bend; the opposite end extends through the deepest part of the pool and may be buried in the inside of the meander bend, in the bottom of the point bar. The placement of the cover log near the bottom of the bank slope on the outside of the bend encourages scour in the pool. This increased scour provides a deeper pool for bedform variability. Cover logs will be used throughout Reach 2 in association with vegetated geolifts. Log Vane A log vane is used to protect the stream bank. The length of a single vane structure can span one- half to two- thirds the bankfull channel width. Vanes are typically located just downstream of the point where the stream flow intercepts the bank at acute angles. Log vanes will be placed throughout the Logan Creek project. Class 1. Sinuous, Premodified he = critical bank height h<he = direction of bank or h bed movement Class II. Channelized Class 111. Degradation Class IV. Degradation and Widening h<he h <he h>he I loc)d I)1ai r) terrace h h h 1 j slumped material Class V. Aggradation and Widening Class VI. Oussi Equilibrium h>he h <he terrace terrace 1 h f bank h f bankfull sh.mped ---- - - - - - -- material aggraded material aggraded material Class I Class 111 Fr., MI. Class IV precursor top bank Class V nickpoint f8Cf.,.. - Class VI Source: Simon. 1989 `L secondary nickpoint oversteepened reach a%radation zone aggraded material Source: Simon, 1989; LS Army Corps of Engineers, 1990. Fig. 7.14 - (tunnel evolution model.. In Stream Corridur ResWration: Principles, Processes, and Practices, 10/99, Irimgency Strom Remrstion Working GroW (FISRWGXI S Federal agencies of the US} Figure 1 Simon Channel Evolution Model Logan Cree< Restoration Plan • 1000 Q d a U 100 W N X w Y C m 10 y - 22.77x" ' W0.88 - NC Rural Mountain Regional Curve • ogan Creek Points. 10 100 1000 Drainage Area (Sq. mi) Figure 2 A plot of bankfull indicators at Logan Creek relative to the North Carolina Mountain Regional Curve. Drainage Area (Sq Mi Q cfs Gage # Descri bon 2.6 264 LOGAN CK 2 -YR USGS REGRESSION EQUATION 2.6 160 - LOGAN CK DESIGN Q 6.5 356 Reference Reach Upper Mitchell River Headwaters 7.18 253.7 3214253830 Norwood Creek near Troutman. NC 9.6 507.2 02121180 North Pott's Creek near Linwood NC 15.5 655.3 02101800 Tick Creek near Mt Vernon Sprigs, NC 31.8 1041 02144000 Long Creek Gage near Bessemer City 42.8 2236 02114450 Little Yadkin River at Dalton. NC Table 4. Bankfull geometric data, and its source, plotted on the mini -curve below. 10000 1000 J! 100 O 10 Mini -Curve NC Mtn -Pied Regional Data 1 10 100 Drainage Area (sq mi) Figure 3. Mini -Curve Data from Mountain and Piedmont Streams with Logan Creek Data Included • Part 5. Table 1 Design Parameters and Proposed Geomomhic Characteristics Min I Max 1. Stream Type E4 2. Drainage Area — square miles 2.67 3. Bankfull Width Wbkf —feet 25 Table 2 Proposed Bare -Root and Live Stake Species Stream Restoration and Enhancement Areas- Zone 1 ( >15' from top of bank) Persimmon Diospyros virginiana Tulip Poplar Liriodendron tulipifera Green ash Fraxinus pennsylvanica Black walnut Juglans nigra Sycamore Platanus occidentalis Willow Oak Quercus phellos Swamp chestnut oak Quercus michauxii Black um N ssa salvatica Alternate Species River Birch Betula nigra Sugarberry Celtis laevigata Redbud Cercis canadensis Flowering dogwood Cornus florida Southern red oak Quercus rubra Red Maple Acer rubrum Witch Hazel Hamamalis vir iniana Alternate - leaved Dogwood Cornus alterni olia Stream Restoration Buffer - Zone 2 ( <15' from top of bank) Redbud Cercis canadensis Silky dogwood Cornus amomum Flowering dogwood Cornus Florida Tag alder Alnus serrulata Paw paw Asimina triloba Silky willow Salix sericea Elderberry Sambucus canadensis Arrow -wood viburnum Viburnum dentatum Alternate Species Ninebark Physocarpus opulifolia Black haw viburnum Viburnum prunifolium Canada Hemlock Tsuga canadensis White Pine Pinus strobus White Oak Quercus alba Pignut Hickory Carya glabra Cherry Birch Betula lenta Black Cherry Prunus serotina Shrubs Possomhaw Viburnum cassinoides Black Huckleberry Gaylussacia baccata Mountain Holly Ilex Montana Buffalo Nut Pyrularia pubera Rosebay Rhododendron Rhododendron maximum Mountain Laurel Kalmia latifolia Dog Hobble Leucothoe fontanesiana Swamp Azalea Rhododendron viscosum Table 2 continued Pro osed Bare -Root and Live Stake Species Smooth Azalea Rhododendron arborescens Yellow Root Xanthorhyza simplicissima Cinnamon Clethra Clethra acumunata Mountain Hydrangea Hydrangea arborescens Southern Bush Honeysuckle Diervilla sessilifolia Hardhack Spirea tomentosa Streambanks (Live Stakes) Silky dogwood Cornus amomum Silky willow Salix sericea Elderberry Sambucus canadensis Note: Species selection may change due to availability at the time of planting. Table 3 Proposed Permanent Seed Mixture Common Name Scientific Name Percent of Mixture Bull Rush Scirpus cyperinus 5% Redtop Agrostis alba 15% Fox Sedge Carex vulpinoidea 10% Virginia Wild Rye Elymus virginicus 20% Soft Rush Juncus efsus 5% Deer Tongue Panicum clandestinum 10% Smartweed Polygonum pennsylvanicum 5% Beggers Ticks Bidens frondosa 5% Lance leafed Coreo sis Coreopsis lancolata 15% Partridge Pea Cassia fasciculata 5% Wingstem Verbesina alternifolia 5% Note: Species selection may change due to availability at the time of planting. Page Intentionally Left Blank 0 APPENDIX D LOGAN CREEK STREAM RESTORATION PROJECT PLAN SHEETS (Plan Sheets are enclosed with this document)