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HomeMy WebLinkAbout20140356 Ver 1_Meeting Note_20140228date 29 project auk page ------------ -- --------------- -------- - ---- - -_ -.S - -- ----- - - - - -- --------- - ------- - - - -. - - - � --- s - - - -Q ----- - - - - -- - ---- - - - - -- --- - - - - -- 1-13, - - - - -- c _ ___ �� -GJ s �!"eser a v - - - - -- f C l� - - ----------------------- - ---- ----- ---------------------- - -- --- - - - - -- ------------------------- ------ - - - - -- ----------------------- - - - - -- ----------------------------------------------------- - - - - -- `-------------------------------------------------------------------------------------------- ~J-------- - - - - -- --- - - - - -- � - - - - - - -- --- ----------------------------------------- -- -- - -- - --- -- - -- -- - - - - -- --------------- ---------- - - - -- ---------- - - - -- - ------ - - - - -- -- - - - - -- 5 N%e /. --------- - - - - -- ------------------- ----------------- ------------------------- 7 8 - - -- -- - - - - -- --------------- I ---------- ---------------------------------------- 0�l_o3s� t-K� --------- - - - - -- - ..---------------------------------------- - - - - -- - �_- a- - - - -K �z - - J!'��- - ------- - - - - -- -------------- cr ec� " 1— Q p �`c 6 0/ 3� -------- - - - - -- -------------------- _aa -- ------ - - - - -- --- -1�` -� J 11 ----------------------------------------- -- -- -- -------- L u�.f_ � morf :-6_.'7. i 2 �n?j7U G - -' - - - - -- - - - - -- - _ - ----------------------------- ------------ - ------ - ------------ -- +--- ar-y---- - - - - -- ----------------------- 73 -------- - - - - -- - - - - -- ; --- - - - - -- 00 14 ------- - - - - -- -- J - - - -- - - - -- - -- -- ---- - - - - -- -------------------------- 15 ---------- - - - - -- -------------------------- -------- - - - - -- -- - - - - -- fir_ -e 16 -- -- --- - - - - - -- ---------- - -1.�1 G, $ T ,- Cod--SP ----- - 2i?�l /�. - - - -r re_----- - - - - -- ro � �e 1—eu� - -,Z41ve-- e'o ✓eO4" 16-- ---------- _ __._ Atnv - mlh.�_Vva- uh..st_a_6l�___`r)o ----------------------------------------------------- --/ v task list: [[lY) T MT Wetland and Natural Resource Consultants, Inc. THE QUARTZ CORPORATION - PINE MOUNTAIN MINE INDIVIDUAL PERMIT SUMMARY IMPACTS 1. Site 1: 40' of new stream impact, 60' of replacing existing culvert, and 20' of temporary stream impact / 0.019 acre of wetland impact 2. Site 2: 100' of new stream impact and 20' of temporary stream impact 3. Site 3: 450' of new stream impact and 20' of temporary stream impact 4. Site 4: 450' of new stream impact and 20' of temporary stream impact 5. Site 5: 180' of new stream impact Totals: 1220' of permanent stream impact, 60' of permanent replacement stream impact, 80' of temporary stream impact, and 0.019 acre of wetland impact Stream relocation will abandon 1308' of stream, will be relocated into ditch along haul road down to Little Bear Creek. Corps has verbally agreed that this action is non - mitigating. STREAM QUALITY ASSESSMENT Site 1: good, 2:1 mitigation = 80' Site 2: good, 2:1 mitigation = 200' Site 3: poor, 1:1 mitigation = 450' Site 4: poor, 1:1 mitigation = 450' Site 5: poor, 1:1 mitigation = 180' Total: 1360' (if ratios approved by Corps) IMPACTS SUMMARY 1. Upgrading an existing road crossing to access Mine Waste Dump — M2. 2. New road crossing to access Mine Waste Dump — M2. 3. Resolution solution for mining NOV and stabilization of dump area (Mine Waste Dump — M3). 4. Resolution solution for mining NOV and stabilization of dump area (Mine Waste Dump — M3). 5. Storm water pond for Tailings Management Area — M1. Mooresville Office 150 South Arcadian Way Mooresville, NC 28117 828 -712 -9205 mobile / 704 - 663 -2927 fax U Z a� c � d 5 CU U Q- 7 E L — Q U) C .. N C fa E C � CL ♦+ L C O O N 2 m a) cu C_ F- FL � O a O N U E C (6 d U m N Q 1- L E — m 0 * U Q * O O * 0 O tl0 --t Lo r O U co EN M d Lo CO f6 O I— U t* to w CD M f-- w m O M M v- � O CD •- r- N O 0 N U (0 N O co co LO O O O � O CD O CL E N CD U) N N \ U f6 E �- N M� 0 co 1- w N N r O N _M M V, f6 O Burdette, Jennifer a From: Kulz, Eric Sent: Thursday, February 20, 2014 10:56 AM To: Burdette, Jennifer a Subject: FW: EEP debiting in French Broad 08 Eric W. Kulz Environmental Senior Specialist 401 and Buffer Permitting Unit NCDENR - Division of Water Resources — Water Quality Permitting Section 1650 MSC Raleigh, NC 27699 -1650 Phone: (919) 807 -6476 E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties From: Stanfill, Jim Sent: Thursday, February 20, 2014 10:44 AM To: Kulz, Eric Subject: FIN: EEP debiting in French Broad 08 Jim Stanfill Asset Management Supervisor Ecosystem Enhancement Program 1652 MaiL Service Center Raleigh, NC 27699 -1652 Tel. 919 - 218 -6872 The Ecosystem Enhancement Program's Raleigh office is physically located at the N.C. Dept. of Environment and Natural Resources Building at 217 West Jones St., Suite 300", Raleigh, N.0 27603. Parking and visitor access information is available on the EEP website. Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Stanfill, Jim Sent: Wednesday, February 19, 2014 10:57 AM To: Tynnette Batt' Cc: Harmon, Beth (beth.harmon@ncdenr.gov); Williams, Kelly (kelly.williams@ncdenr.gov) Subject: RE: EEP debiting in French Broad 08 Lynette, 2. Most of the HQP project sites contained only preservation credits. A few contained other mitigation credit types. The HQP sites listed below contain only preservation (restoration equivalent credit types). Sandy Mush is actually a large complex that contains some restoration — this site was broken into several smaller projects for implementation and accounting. Historically, EEP's mitigation requirements have required that the impacts be offset with restoration class credits. Mitigation required beyond the impact size could be satisfied using either restoration credits or restoration equivalent class credits (i.e. preservation for streams). Thus, historically, EEP never used "stand- alone" preservation mitigation to offset any particular impact even though EEP has preservation only projects. Thus, EEP has utilized these preservation sites only in conjunction with restoration class credits from other mitigation projects such that the-impacts were offset with 1:1 restoration. An example to illustrate: Impact = 1000 feet Mitigation Required = 3000 mitigation units Restoration Requirement (R)= 1000 credits Restoration Equivalent Requirement (RE)= 2000 credits EEP would provide 1000 restoration credits to offset the 1:1 restoration requirement. The remaining 2000 credit requirement could be offset with either restoration or restoration equivalent credits. The term "stand- alone" as referenced in the USACE mitigation guidelines is used to describe when an applicant proposes only to use preservation to offset their impacts. EEP has not historically done this as our permits did not allow that. The term "preservation -only" describes a project site that contains only preservation. Most of EEP's requirements are offset . using multiple mitigation sites. The preservation only project sites were only used after the restoration requirement of the permit was satisfied. In recent years, however, USACE has expressed an interest in moving away from using R and RE permit requirements and treating all credits equally. We are not quite there yet 3. Long -Term Management — typically includes ensuring that the conservation easement is protected and enforced in perpetuity. It may include a management plan (such as prescribed burning) but this would be very atypical. The specifics on the frequency, intensity and type of monitoring necessary to satisfy this part of mitigation still lacks clarity as those requirements are actively evolving within the regulatory agencies. Hope this helps. Jim Stanfill Asset Management Supervisor Ecosystem Enhancement Program 1652 Mail Service Center 2 Be innin Quantities' -' , - ; Begin nin_ Credits, OC F 3 C .. ' 3 Y E #{,v C :. _ l0 L 0 flWl� C Gi i/ m tip a ,la Z x. a a: ,f,r �. � t• ? v = = E',B =�Q0]dd ° E d aid r =3�y/a,� S k '-• -`-m _ _ , fl, =m - -. `� cl a£i _ _ �; _ _ gym/ c a CID m c c a, s rF� ,. fA N N N W 92533 Dog Bite French 6010108 Creek Broad 2,571 1,113 0 3,313 0 3,313 92665 Elk Branch French 6010108 Broad 2,288 871 2,869 0 2,869 92664 Three Mile French 6010108 Creek Broad 6,057 618 875 6,421 6,819 1,284 8,103 2. Most of the HQP project sites contained only preservation credits. A few contained other mitigation credit types. The HQP sites listed below contain only preservation (restoration equivalent credit types). Sandy Mush is actually a large complex that contains some restoration — this site was broken into several smaller projects for implementation and accounting. Historically, EEP's mitigation requirements have required that the impacts be offset with restoration class credits. Mitigation required beyond the impact size could be satisfied using either restoration credits or restoration equivalent class credits (i.e. preservation for streams). Thus, historically, EEP never used "stand- alone" preservation mitigation to offset any particular impact even though EEP has preservation only projects. Thus, EEP has utilized these preservation sites only in conjunction with restoration class credits from other mitigation projects such that the-impacts were offset with 1:1 restoration. An example to illustrate: Impact = 1000 feet Mitigation Required = 3000 mitigation units Restoration Requirement (R)= 1000 credits Restoration Equivalent Requirement (RE)= 2000 credits EEP would provide 1000 restoration credits to offset the 1:1 restoration requirement. The remaining 2000 credit requirement could be offset with either restoration or restoration equivalent credits. The term "stand- alone" as referenced in the USACE mitigation guidelines is used to describe when an applicant proposes only to use preservation to offset their impacts. EEP has not historically done this as our permits did not allow that. The term "preservation -only" describes a project site that contains only preservation. Most of EEP's requirements are offset . using multiple mitigation sites. The preservation only project sites were only used after the restoration requirement of the permit was satisfied. In recent years, however, USACE has expressed an interest in moving away from using R and RE permit requirements and treating all credits equally. We are not quite there yet 3. Long -Term Management — typically includes ensuring that the conservation easement is protected and enforced in perpetuity. It may include a management plan (such as prescribed burning) but this would be very atypical. The specifics on the frequency, intensity and type of monitoring necessary to satisfy this part of mitigation still lacks clarity as those requirements are actively evolving within the regulatory agencies. Hope this helps. Jim Stanfill Asset Management Supervisor Ecosystem Enhancement Program 1652 Mail Service Center 2 Raleigh, NC 27699 -1652 Tel. 919 - 218 -6872 The Ecosystem Enhancement Program's Raleigh office is physically located at the N.C. Dept. of Environment and Natural Resources Building at 217 West Jones St., Suite 3000A, Raleigh, N.C. 27603. Parking and visitor access information is available on the F.F_P website. Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Lynnette Batt [ma i Ito: IbattO)uniaueplacesllc.com) Sent: Tuesday, February 18, 2014 4:53 PM To: Stanfill, Jim Subject: Re: EEP debiting in French Broad 08 Jim, Thank you for these data. Two quick follow up questions 1) For the three projects below, could you tell me how many credits were generated as a result of restoration vs. enhancement vs. preservation for each? 2) For the list of HQP projects, am I understanding correctly that each of these projects was "stand- alone" preservation and not paired with restoration or enhancement for that specific project/site? This is also unrelated, but I am interested in what constitutes "long -term management" for the HQP projects. Is this visual monitoring of the easement only, or does it involve some level of active management? Thanks again, Lynnette Lynnette Batt Unique Places LLC PO Box 52357 Durham, NC 27717 (919) 599 -3549 Ibatt unigueplacesllc.com I uniqueplacesllc com Stanfill. Jim February 18, 2014 at 4:42 PM Lynnette, EEP currently has 11,183 available cold stream restoration credits available in French Broad 06010108. These credits come from the following projects: IMS ID# Project Name Project Status 92533 Dog Bite Creek Monitoring Year 4 92665 Elk Branch Monitoring Year 2 92664 1 Three Mile Creek Monitoring Year 5 EEP has and additional 13,675.7 stream credits of High Quality Preservation available from multiple sites but most of this is planned to be utilized on future NCDOT mitigation needs. Here is the complete list of HQP projects EEP has implemented in the Northern Mountain Ecoregion: Begi NM TOTAL I EEP would be happy to assist you or your customer. Please don't hesitate to contact me if you need additional help. Jim Stanfill Asset Management Supervisor Ecosystem Enhancement Program 1652 MoiL Service Center Raleigh, NC 27699 -1652 Tel. 919 - 218 -6872 The Ecosystem Enhancement Program's Raleigh office is physically located at the N.C. Dept. of Environment and Natural Resources Building at 217 West Jones St., Suite 3000A, Raleigh, N.C. 27603. Parking and visitor access information is available on the EEP website. Email correspondence to and from this address may be subject to the North Carolina Public Records law and may be disclosed to third parties. From: Lynnette Batt [ma i Ito: IbattCabuniqueplacesllc.com] Sent: Tuesday, February 18, 2014 2:02 PM To: Stanfill, Jim Subject: EEP debiting in French Broad 08 Jim, E N C D i y Z O m U O) �' C U) U) U) d O 2 C 0 O V O 7 F d v U N O ao w a c a French Northern Long Term 92132 Big & Little Rock Creek Bruchon 11111/2003 Broad 06010108 Mountains Mitchell M mt Northern Long Term 92172 Elk - Shoals- Methodist Cam 4/15/2005 New 05050001 Mountains Ashe M mt - Northern Long Term 92166 Linville River -White Creek 3/25/2004 Catawba 03050101 Mountains Burke M mt - French Northern Long Term 92177 Little Table Rock 1 6/11/2004 Broad 06010108 Mountains Mitchell M mt - French Northern Long Term 92169 Little Table Rock 2 6/11/2004 Broad 06010108 Mountains Mcdowell M mt Northern Long Term 92168 Lone Mountain 1 -Phase Two 9/27/2004 Broad 03050105 Mountains McDowell M mt- Northern Long Term 92156 Mingo Tract 12/12/2003 Yadkin 03040101 Mountains Caldwell M mt Northern Long Term 92173 New River Heights Tract -New River 8/27/2004 New 05050001 Mountains Ashe M -mt . French Northern Long Term 92175 Sand mush HQP -Pro ress Energy 12/28/2004 Broad 06010105 Mountains Madison M mt NM TOTAL I EEP would be happy to assist you or your customer. Please don't hesitate to contact me if you need additional help. Jim Stanfill Asset Management Supervisor Ecosystem Enhancement Program 1652 MoiL Service Center Raleigh, NC 27699 -1652 Tel. 919 - 218 -6872 The Ecosystem Enhancement Program's Raleigh office is physically located at the N.C. Dept. of Environment and Natural Resources Building at 217 West Jones St., Suite 3000A, Raleigh, N.C. 27603. Parking and visitor access information is available on the EEP website. Email correspondence to and from this address may be subject to the North Carolina Public Records law and may be disclosed to third parties. From: Lynnette Batt [ma i Ito: IbattCabuniqueplacesllc.com] Sent: Tuesday, February 18, 2014 2:02 PM To: Stanfill, Jim Subject: EEP debiting in French Broad 08 Jim, Thanks for discussing this project with me just now. As I mentioned, we're looking for information on where EEP credits /debiting stand in the French Broad 08 (06010108) in Mitchell County. We're particularly interested in the breakdown of available preservation vs. enhancement/restoration credits. The permit requirement is anticipated to be for about 1 -1.5K credits of coldwater stream. If you might also be able to provide information on stand -alone High Quality Preservation projects done by EEP in this or adjacent HUCs, I would appreciate that as well. My research per your web - mapper turned up the following stand -alone HQP projects: E ktpm pint 11 -17_.2 58 tv 09 `£ \ gross: 3600 c _ IN J ° OW999Z J, 29 10000N 08000N V ((( 1 { Z9pp o O76z 4 -0 I rt'r s o E2740 r, v � $ " �.272 MA- 099Z� ow Map 2 of 5 w JJ ' N g \ ONZ o j'�\ �� ''Gr • N � `• ff �. 00, a99 /.z x t (♦1� Ot 41��MIV R%11 U ' 1\ Ar 21 '740 trou $ 2`�Pp ap 110f 5r N : TMA -M 1 41* �a 'ki 1 I * 1 \ 1% \ 2140' Al a l", t JOB Main Mine Art 1 3M 3Q 09SE Wit 00, 3 � w tA►£ oaz£ z MW J 33 4 J� SS 3mq d 11 A OOK MWD -BACK F STpZ££ 3 .� i3 1,3100 40 IfNwg L N� 11 40 �-g ,.� 33U4._'� t£✓ w fez QQ� 810000N 808000N Legend P, Mine Permit TMA- Tailing Management Areas- TN%Mine# MWD- Mine Waste Dump -MM-Mine# Impacted Stream Permit Boundary 1 -104 Linear feet and 0.019 acres of wetland Wetland & Streams 2 -135 Linear feet 3.2381-inearfeet Proposed Stream Path 4-146 Linear feet .inearfeet 50 foot Buffer Zone 6-507 Linear feet 6- 507 7 -268 Linear feet Total -2011 Linear feet Reg raflon Stream A - +1- 300 Linear feet B- +1- 300Linearfeet Impacted Stream C - +/- -1665 Linear feet Q +1550 Linear feet Total - +1.2815 Linear feet Preservation Stream E -+1- 800 Linear feet Restoration Stream F - +1 -370 Linear feet G - +/- 1100 Linear feet K +1- 6390 Linear feet I- +t 1250 Linear feet Total - +1-9910 Linear feet Quartz Corporation Pine Mountain Mine Permit Wetland & Stream Preliminary Review Permit No. 61 -06 Scale: 1: 600' Plan NO-61-0-2 Date: 08- Jul -13 808000N im000 1088000 0 0 a a+ a 0 r w e 8 m 1084000 imoo0 1088000 Beaver Creek Preservation Project Proposed Mitigation for The Quartz Corp's Pine Mountain Mine Project Project Summary for February 20, 2014 Meeting Project Goals • Preservation of excellent quality, coldwater streams and wide riparian buffers in a watershed context to provide compensatory mitigation for the Quartz Corp's PMM site • Improved protection of the Town of Spruce Pine's drinking water supply Project Location /Site Selection • Beaver Creek Watershed, Mitchell County, north of Spruce Pine • 12 -digit HUC: 060101080104 (Grassy Creek -North Toe River) • Close to the PMM impact site (about 1 mile, adjacent watershed) • Watershed approach • Municipal drinking water supply o Site is privately owned by Rocky River Hydro, LLC • High ecological significance (see below) • High conservation priority per WRC, DENR, FWS Ecological Significance • Excellent quality, coldwater trout streams o 2 -10 %+ slopes; excellent habitat complexity, mature buffer, stable channels • Classification: WS -I; HQW; Trout • Watershed is 100% forested; nearly all mature forest • Total Beaver Creek watershed area: 1,386 acres 6o bo ac- • Entire watershed lies within the Yellow Mountain/Raven Cliffs SNHA, rated as "Outstanding Quality." Nine globally vulnerable (G3) communities, three globally imperiled (G2) communities, and two potentially new to science, rare communities are known to occur. Highlights: o High Elevation Red Oak Forest o Montane Cliffs • Montane Oak - hickory Forest • Rich Cove Forest • Rich Montane Seep – rare community, common throughout watershed. • High Elevation Black Oak Forest —this forest has not been described, highly rare. • Chestnut Oak -Black Birch Boulderfield— another potential new community type. Over a dozen rare plant and animal species observed, including the Mitten Crayfish An additional 15 -20 rare plant species and 20 -25 rare animal species are potentially found in the watershed based on distributions and habitat quality in the watershed Baseline surveys of fish, benthic macros, salamanders, and bats are underway. Threats • Logging: Excellent quality, mature timber; high timber values regionally; high logging pressure in adjacent watersheds. Logging is not restricted by WS -1. • Damming: Town could build additional reservoir upstream; small hydropower potential • Bottled water: Many springs and seeps that could be tapped • Future development if WS -I classification changed (now under private ownership) Justification for Stream Preservation "Use of Stream Preservation as Compensatory Mitigation in North Carolina" (IRT, December 5, 2012), guidance based on the 2 0 0 8 F e d e r a 1 Mitigation Rule. Primary Preservation Criteria Does Project Meet Criteria? Provides important physical, chemical, or Yes; provides a municipal drinking water supply, biological functions for the watershed. and high quality habitat /rare communities Contributes significantly to the ecological Yes; would protect an entire sub - watershed for sustainability of the watershed. high ecological uplift Preservation is determined by the district engineer to TBD; justification is that the impacts are fairly be appropriate and practicable. minor, the preservation site is in close proximity to Streams in a watershed that contains unique the impact site, the streams are alike (both are and/or high quality habitat that is adjacent or coldwater), and the project takes a watershed within an area experiencing a rapid increase in approach The resources are under threat of destruction or Yes; described above adverse modifications. The preserved site will be permanently protected Yes; recordation of conservation easement and through an appropriate le al instrument. transfer to USACE-approved Grantee Secondary Preservation Criteria Does Project Meet Criteria? Streams in a watershed that contains a SNHA Yes; watershed is "Outstanding" SNHA Streams in a watershed that is known to provide Yes; there are state listed rare species in watershed habitat for state or federally listed species. Streams in a watershed that h a s High Quality Yes; watershed is classified as WS -I, High Quality Waters, Outstanding Resource Waters, Trout Water, Trout Waters Waters, or Water Supply Watersheds. Streams in a watershed that contains unique Maybe; has unique and high quality habitat and is and/or high quality habitat that is adjacent or adjacent to Spruce Pine, which has steady growth within an area experiencing a rapid increase in population or development trend. Guidance notes that while it is preferable for preservation to be done in conjunction with restoration and/or enhancement activities, this "requirement may be waived by the district engineer where preservation has been identified as a high priority using a watershed approach." "Stand -alone preservation projects... may be allowed in special circumstances and should only be proposed for sites that are of exceptional quality or have been identified as unique or high priority areas." • Precedent for High Quality Preservation nearby o EEP has completed at least 4 nearby, all - preservation mitigation projects, totaling 76,000 feet of stream preservation (HQP). Long -Term Stewardship, Monitoring and Maintenance Proposed conservation easement Grantee is the Town of Spruce Pine • Conservation easement would follow Corps' standard template • Grantee will conduct regular inspection/monitoring of the easement area in perpetuity • Grantee will address any violations of the terms of the conservation easement SIGNIFICANT EXCERPTS REGARDING PRESERVATION FROM THE STREAM MITIGATION GUIDELINES' AND THE FEDERAL MITIGATION RULE' .....(T)he District and DWQ now generally require that compensatory mitigation for impacts to stream resources should be in the form of restoration and /or enhancement of degraded stream channels utilizing natural channel design and bio- engineering techniques. Channel preservation of unique or otherwise ecologically important stream segments may also play an important role in mitigating stream impacts. (SMG Page 1) Stream Preservation — Protection of ecologically important streams, generally, in perpetuity through the implementation of appropriate legal and physical mechanisms. Preservation may include the protection of upland buffer areas adjacent to streams as necessary to ensure protection or enhancement of the overall stream. Preservation must protect both sides of the channel. Generally, stream preservation should be in combination with restoration or enhancement activities. Under exceptional circumstances, preservation may stand -alone where high value waters will be protected or ecologically important waters may be subject to development pressure (Refer to Section 6 regarding preservation criteria). Stand -alone preservation may generally be most acceptable in mitigating impacts associated with nationwide and regional general permits. Preservation may be utilized for relatively undisturbed areas that require little or no enhancement activities other than protective measures. Although minimal streambank revegetation may be required in some cases, if mitigation requires extensive streambank revegetation, the mitigation will be considered to be Enhancement Level I1. (SMG Page 10) For preservation to be an acceptable mitigation option the channel should generally be ' ecologically important and in a relatively undisturbed condition. The following list of criteria may be used as a guide for selecting high value preservation sites. Recommended priority areas for channel preservation: * 0 Streams in a watershed that are adjacent to, or within a unique wetland as identified by NC Administrative Code 15A 2B .0100. 0 Streams in a watershed that contains Critical Habitat Areas identified by the Coastal Habitat Protection Program of the Division of Marine Fisheries. 0 Streams in a watershed that contains a significant Natural Heritage Area as identified by the Natural Heritage Program of the Division of Parks and Recreation, provided the Natural Heritage Area contributes to the overall quality of the stream. 0 Streams in a watershed that is known to provide habitat for state or federally listed endangered or threatened species. (D Streams in a watershed that contains fishery nursery areas, High Quality Waters, Outstanding Resource Waters, Trout Waters, or Water Supply Watersheds. 0 Streams in a watershed that meets the criteria for Exceptional Significance rating under the Division of Coastal Management's NC CREWS (NC Coastal Region Evaluation of Wetland Significance). April 2003; USACE, USEPA, NCWRC, and NCDWQ 233 CFR Parts 325 and 332; 40 CFR Part 230. Eff. June 9 2008) SIGNIFICANT EXCERPTS REGARDING PRESERVATION FROM THE STREAM MITIGATION GUIDELINES' AND THE FEDERAL MITIGATION RULE' 0 Streams in a watershed that contains unique and /or high quality habitat (stream and /or wetland) that is adjacent or within an area experiencing a rapid increase in population or development trend. 0 Streams in a watershed that contain stream reaches designated as critical habitat by the US F &WS. * The above are not listed in order of selection priority. (SMG Page 16) Where stand -alone stream preservation is proposed as mitigation, additional buffer width of at least two times the base requirement may be required. (SMG Page 17) (h) Preservation. (1) Preservation may be used to provide compensatory mitigation for activities authorized by DA permits when all the following criteria are met: • - (i) The resources to be preserved provide important physical, chemical, or biological-:--:. . functions for the watershed; (ii) The resources to be preserved contribute significantly to the ecological sustainability- of the watershed. In determining the contribution of those resources to the ecological sustainability of the watershed, the district engineer must use appropriate quantitative. assessment tools, where available; (iii) Preservation is determined by the district engineer to be appropriate and practicable; (iv) The resources are under threat of destruction or adverse modifications; and . - (v) The preserved site will be permanently protected through an appropriate real-estate, or other legal instrument (e.g., easement, title transfer to state resource agency or land trust). _ (FMR, 33 CFR Part 332.3(h). 'April 2003; USACE, USEPA, NCWRC, and NCDWQ 233 CFR Parts 325 and 332; 40 CFR Part 230. Eff. June 9 2008) Little Bald 1 i stir' � 130 OF CHATHAM PIN - 0881- 00 -89- 0370.x, f r �0 RO(-KY RIVER HYpRO PIN - 0891 -00 -18 -7029 C1q t a � 4 .'y c i Th e L ookoff SPRUd- RESEI ' r 't c i WN CMAC IDIOVIN 0 500 1,000 1,500 2,000 Feet SCALE 1:10,000 �f ue Uni � q �t Places PINE MOUNTAIN MINE IMPACT SITE a 26 • L. CIO', TOWN OF SPRUCE PINE a 40 HUC 12 - 0601 01 0801 06 GRASSY CREEK NORTH TOE RIVER HUC 12 - 030501010203 ARMSTRONG CREEK Zlfl BASIN 19E =I 1HUC 12 - 0601010'',O` THREEMILE CREEK NORTH TOE RIVER w HUC 12 WATERSHEDS HIGH QUALITY WATER (HQW) OUTSTANDING RESOURCE WATERS (ORW) WATER SUPPLY WATERSHEDS (WSW) Unique-- Places a. 19E 0 0.5 i 1.5 2 Miles 7t v Unique� Places N r it 1 t4 Or hrr t f i t a View of Yellow Mountain -Raven Cliffs Significant Natural Heritage Area Beaver Creek mainstem