20230766 Ver 1_signed DM Cheek Creek WSI Project0807_2019_20230526

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USDA 1��'1i1j�S
Decision Memo (DM)
Cheek Creek Watershed Rehabilitation Project
USDA Forest Service
Uwharrie National Forest
Montgomery County, North Carolina
I. Background
The area of Cheek Creek (Hydrologic Unit Code 030401040401) just upstream
where the creek is crossed by State Road (SR) 1563 has been damaged by
unauthorized recreational off-highway vehicle (OHV) use leaving the state road to
the south and driving in the floodplain and on side slopes of Cheek Creek, as well as
unauthorized camping on the stream bank (Fig. 1, Fig. 2). This has created
substantial stream bank disturbance, soil compaction and associated stream bank
erosion and instability, and sedimentation into the creek, impacting aquatic and
terrestrial plant and wildlife habitats.
This reach of Cheek Creek is classified as Rosgen "C" stream type, with a degrading
trend in the health due to unauthorized OHV vehicle use (Figs. 3-5).
Based on field assessments of stream condition, erosion and sedimentation create
the largest stressors to channel stability and aquatic habitat quality. No listed
aquatic species is expected to occur in Cheek Creek.
The desired condition for the creek is to have high quality riparian areas and diverse
structural aquatic habitat that maintain hydrologic function and floodplain
connectivity, improve stream stability, and minimize erosion and sedimentation.
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Cheek Creek -Watershed Improvement Project
Uwharrie N.F.
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�! l �1 Location
Fig. 1. Project location in Pekin area 12 miles southeast of Troy, NC.
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CHEEK CREEK
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Fig. 2. Site of project area.
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Fig. 3. Area of vegetation and soil disturbance at the site where unauthorized
camping occurs near the SR 1563 crossing. Note the compacted soils directly
connected to the stream and the "mudding" hole next to the stream.
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Fig. 4. Facing uphill from Cheek Creek where recreational vehicles access and cross
the creek from SR 1463.
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Fig. S. Disturbance and compaction of the stream bank from recreational vehicles
driving up and down into and from the Cheek Creek channel and across to the
opposite bank.
II. Decision
II.a. Selection of categorical exclusion
It is my decision that this proposed action meets the requirements of 36 CFR
220.6(e)(1) and Forest Service Handbook 1909.15 Section 32-2 for the categorical
exclusion 36 CFR 220.6(e)(7): Modification or maintenance of stream or lake
aquatic habitat improvement structures using native materials or normal practices.
This categorical exclusion is applicable to this decision because the proposed action
involves enhancement of Cheek Creek and biodiversity using in-stream structures in
order to restore site productivity and reduce environmental impacts,which is fully
consistent with the Uwharrie National Forest Land and Resource Management Plan
(2012).
II.b. Description of the Action
This action as described here is approved for implementation:
Coordinating with the North Carolina Department of Transportation,the Uwharrie
NF will close unauthorized recreational vehicular access to the area where
recreationists are driving off SR 1563 (Lovin' Hill Road) in the Pekin area
approximately 12 miles southeast of Troy (Fig. 1) to access and recreate in the creek
and camp along the creek in unauthorized campsites. The access points from SR
1563 will be barricaded on either side of the bridge and along Lovin' Hill Road on
Forest Service property using a 0.2 miles of guardrail or large boulders (Fig. 2).
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To stabilize the disturbed areas, soil compaction on approximately % of an acre of
the disturbed site will be rehabilitated using sub-soiling (breaking up the compacted
soil) to encourage the establishment of stabilizing vegetation. Pine straw mulch and
native seeds will be placed on all disturbed soils and native trees and shrubs will be
planted. Using a tracked excavator, benches will be excavated in the area of
damaged stream banks near the point of bank-full elevation and shrubs and root
masses from the excavated area will be transplanted onto the bare bank and tied
into existing vegetation to facilitate rooting for bank stabilization.
An additional 0.3 miles of stream restoration will occur in the stream channel of
Cheek Creek directly in the area of the stream bank and access work beginning just
upstream (south) of the bridge and continuing to the Forest Service boundary to
further barricade vehicular access across the creek and rehabilitate the compacted
area. This work in the stream channel involves installing trees (log vane in-stream
structures) and toe-wood with plant transplants in the channel to divert high
stream-flows away from eroding banks and to form pool habitats among riffles to
create structural diversity (Figs. 6-7).
Construction of TOE WOOD(with Transplants)& Bankfull Bench Typical
Structure,,I'be constructed using Witdland Hydto!og,2012 des,gn
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Fig. 6. Toe-wood and Bankfull bench diagram for installation in Cheek Creek to
rehabilitate and stabilize streambanks and to revegetate riparian area and
streamside.
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1/8 TO I/4 OF END OF 0
LOGS BURIED IN Log Vane Detail
STREAM BED WITH
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Fig. 7. Log vane in-stream structure for installation to stabilize stream channel and
improve structural diversity.
Il.c.Analysis of Extraordinary Circumstances
I find that there are no extraordinary circumstances that warrant further analysis
and documentation in an EA or EIS. I took into account resource conditions
identified in 36 CFR 220.6(a-b) and Forest Service Handbook 1909.15, Chapter 30,
Section 30.4 (Interim Directive No 1909.15-2004-1) as documented here:
11.c.1. Federally-listed threatened or endangered species or designated critical
habitat,species proposed for Federal listing or proposed critical habitat, or
Forest Service Sensitive Species
The Biological Evaluation (BE) for wildlife and botany was conducted for this
project by the Croatan and Uwharrie National Forest Zone Wildlife Biologist and
Botanist. The Wildlife Biologist received the list of aquatic species that may occur in
Montgomery County as part of Section 7 informal consultation on June 12, 2019, and
reviewed the site for terrestrial species. The Botanist visited the project area on
May 18, 2017 and several times after that. The site is highly damaged from
unauthorized camping and recreation use, and no terrestrial or aquatic species of
concern are expected to occur.
The analysis in the BE upon which this section is taken conforms with legal
requirements set forth in Section 7(a)(2) of the Endangered Species Act (19 U.S.C.
1536), and the direction given in Forest Service Manual (FSM) 2671.44 and
2672.41-42, using best available information as documented in the BE. The BE was
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submitted to the USFWS on June 24, 2019 and concurrence obtained on July 31,
2019.
II.c.1.A. Terrestrial Wildlife
The BE analysis determined that the project may affect, but is not likely to adversely
affect the Federally-threatened northern long-eared bat (Myotis septentrionalis) and
will not cause prohibited incidental take. Temporary adverse impacts could involve
inadvertently removing an unknown roost tree during removal of vegetation for
stream bank and stream rehabilitation, or harassment of individual bats caused by
disturbance associated with human presence and noise during rehabilitation
operations, in the low risk that bats may be present. Based on surveys, no known
winter hibernacula or maternity roosts occur on the Uwharrie NF.
Per the discretionary framework process identified in the final 4(d) rule, at least 30
days in advance of funding, authorizing, or carrying out this action, the Uwharrie NF
will provide written notification of the determination of effect on the NLEB to the
Asheville Office of the U.S. Fish and Wildlife. USFWS concurrence is not required,
and if the USFWS does not respond within 30 days,the Uwharrie may presume it
determination is informed by best available information and consider its project
responsibilities under Section 7(a)(2) with respect to the NLEB fulfilled through the
programmatic BO.
The Federally-endangered red-cockaded woodpecker (Picoides borealis) is not
currently known to exist on the Uwharrie NF, and the forest is on the extreme
western portion of its range. The Uwharrie NF has a dynamic and active program of
prescribed burning for removing understory from longleaf pine forests, and
transitioning pine stands to native longleaf and shortleaf pine for increasing
diversity,which may provide suitable habitat over the following decades. However,
red-cockaded woodpeckers are very slow to spread to unoccupied habitats. This
project will therefore have no effect on red-cockaded woodpecker or habitats that
play a vital role in species recovery.
The state-protected southern hognose snake (Heterodon simus), northern pine
snake (Pituophis melanoleucus melanoleucus), and eastern coral snake (Micrurus
fulvius) could potentially have habitat in the primarily longleaf pine/oak-dominated
forest of the project location,where they burrow underground and in fallen logs and
debris. Due to the mobility of these species, in the low chance that they might be
present,they will likely move out of the area of disturbance. Resulting vegetation on
and near the streambanks may actually create habitat for the southern hog-nosed
snake. Therefore,the proposed project will have no impact on these species.
The remainder of the terrestrial species were excluded from the analysis because
they are not known to occur on the Uwharrie NF, or because specialized habitats
such as seeps, wetlands, open glades or pastures, and hollow trees do not occur in
the project area.
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II.c.1.13. Aquatic Animal Species
The USFWS identified four aquatic species that might be found in Montgomery
County rivers and streams: one fish -the Cape Fear shiner, and three freshwater
mussels - the Atlantic pigtoe,the brook floater, and the Savannah lilliput. None of
these are known to occur on the Uwharrie Ranger District. The shiner is not known
to occur in Montgomery County. It is unlikely that the Savannah lilliput could occur
in Cheek Creek,and the limited extent of the area and work in the creek would
reduce the potential for adverse impact. The rehabilitation will actually improve
habitat for this species when completed and established.
II.c.1.C. Plant Species
A survey for threatened and endangered plants was first conducted on May 18, 2017
by Andrew Walker, the Uwharrie and Croatan National Forests Zone Botanist. The
site has been revisited several times since that date.
The project area is at the northwest edge of the Cheek Creek Ridge,which is
recognized as a Special Interest Management Area in the Uwharrie National Forest
Land and Resource Management Plan due to its unique mafic geography and
distinctive botanical communities. A population of glade wild-quinine (Parthenium
auriculatum) near the top of the ridge is one of the largest known to occur within
the state.
The project area is at the base of the slope along Cheek Creek, and has been severely
disturbed by illegal OHV activity and camping. A diversity of native plants
associated with mafic soils persist at the site, including redbud (Cercis canadensis),
painted buckeye (Aesculus sylvatica), southern sugar maple (Acer floridanum),and
sweet shrub (Calycanthus floridanus). However,these desirable native species are
now mixed with a variety of non-native invasive species (NNIS),which have become
established as a result of ground disturbance resulting from the unauthorized OHV
activity. Most prominent of the NNIS species are mimosa (Albizia julibrissin),
Chinese privet (Ligustrum sinense), and sericea lespedeza (Lespedeza cuneata).
An unauthorized-user created vehicle trail runs from the creek up the steep ridge
slope and provides unauthorized access to the rest of the Special Interest
Management Area. The proposed action of installing the guardrail to block the
unauthorized activity should help prevent the further spread of NNIS and help
protect the rare community types and overall integrity of the Cheek Creek Special
Interest Management Area.
No other federal or state listed plants were found during the botanical survey,
including the Federally-endangered Schweinitz's sunflower (Helianthus schweintzii).
ll.c. 2. Floodplains, wetlands, or municipal watersheds
This action will not negatively affect any floodplains,wetlands, steep slopes, erosive
soils or municipal watersheds. The purpose of the project is to restore the
floodplain, creek banks,and creek itself to good ecological and structural condition
from its damaged state caused by unauthorized recreational OHV and camping use.
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The North Carolina Department of Public Safety, Emergency Management requested
compliance with EO 11988, F000dplain Management,which is intended to minimize
impacts of floods on human safety, health, and welfare,and preserve natural and
beneficial values of floodplains.
The proposed closure of this section of Cheek Creek to OHV and camping use and
rehabilitation of the damage to this section of Cheek Creek and its adjacent upland
areas caused by repeated OHV use of the upland area and the creek itself necessarily
involves siting rehabilitation actions directly within the creek and associated
floodplain. The design of the rehabilitation action is intended to sustainably repair
the damage, support natural regeneration of native vegetation, and re-create natural
conditions of the creek bed to promote the growth of ecological biodiversity
inherent in Cheek Creek. Therefore, the action is designed to minimize potential
harm to or within the floodplain.
Therefore, I have determined that this project complies with EO 11988 with its
purpose and design, and, therefore, the request of the North Carolina Department of
Public Safety, Emergency Management. Compliance with the US Army Corps of
Engineers and state agency requirements per the Clean Water Act Section 404 will
further ensure protection of the floodplain.
ll.c.3. Congressionally-designated areas,such as wilderness, wilderness study
areas, or national recreation areas
The project area is not located within or near any Congressionally-designated areas,
including the Birkhead Mountains Wilderness Area.
II.c.4. Inventoried roadless areas or potential wilderness areas
There are no inventoried roadless area or potential wilderness areas on the
Uwharrie NF.
II.c.5. Research Natural Areas
There are no Research Natural Areas on the Uwharrie NF.
Il.c.6. Archaeological sites, historic properties, and areas
All work for this proposed action was conducted in accordance with the
Programmatic Agreement (PA) dated 6/30/2009.
The Uwharrie/Croatan Zone Archaeologist has determined that the proposed
project has no potential for adverse or beneficial effect to a Historic Property or
unevaluated cultural resource, and therefore is an Exempt Undertaking. No further
Section 106 compliance documentation is required because the project is exempt
from review or consultation under section (v) of the PA for undertakings in areas
previously and appropriately surveyed. This area was previously surveyed by the
Zone Archaeologist for the Prescribed Burn Preparation Analysis (Harmon and Noel
1993), and it was determined that the proposed watershed rehabilitation does not
go through any National Register listed or eligible archaeological sites,historic
properties, and/or areas, or have any unevaluated sites.
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Any unanticipated discoveries will be handled per the PA Part X and Appendix 6.
The Department of Natural and Cultural Resource Natural Heritage Program had no
comment on 02/01/2019 in response to the State Clearinghouse letter dated
02/05/2019.
III. Public Involvement
Public scoping for this proposed action was begun in December 2018, with a
scoping letter that included the project description and map mailed December 17,
2018 to all adjacent landowners and no comments were received.
It was first recorded on the National Forests of North Carolina's Schedule of
Proposed Actions (SOPA) on January 2019, and updated on April 2019. The SOPA is
available on the National Forest of North Carolina website
https://www.fs.fed.us/sopa/components/reports/sopa-110811-2019-07.html
All agencies included in the State Clearinghouse response dated 02/05/2019 not
specifically recorded in Sections II.c.2 and V. provided no comment regarding the
proposed action.
IV. Findings Required by Other Laws and Regulations
All management practices and activities of the action are consistent with
management direction, including standard and guidelines, in the Uwharrie NF Land
and Resource Management Plan (2012),which was developed in accordance with
the National Forest Management Act of 1976, 15 USC 1604(i) and 36 CFR 219.10(e).
This decision is consistent with the following desired future conditions and
standards and guidelines in the Plan:
IV.a. Desired Future Conditions for Soil,Water,and Fisheries:
• 1: Aquatic ecosystems are diverse,with properly functioning streams
providing high quality habitat for all native aquatic species, including non-
game species. (pg. 12)
• 5: Native fresh water mussel communities are diverse and represented by
multiple age-classes,with signs of reproduction evident.Appropriate
habitats support sustainable populations of native freshwater mussels,
including those that are federally-listed, regionally-sensitive, or locally rare.
Non-native mussel species are not negatively impacting native species. (pg.
13)
• 6: Streamsides are dominated by native riparian vegetation,including trees
capable of adding large woody debris for hydrologic stability and instream
habitat.Aquatic habitat is diverse and relatively free of unnatural sediments.
Pool habitats are frequent and provide cover for many species of fish.
Vegetated streamside areas are effective in providing shading to the streams
and filtering sediments. (pg. 13)
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• 7: Stream channels retain connection to natural floodplains, so that normal
flooding can be accommodated by the forest without creating gullies or
eroding stream banks. Man-made dikes and deposition are absent, allowing
the stream to flood out of its banks and onto the floodplain in a natural way.
(pg. 13)
• 10: Soil productivity is sustained through nitrogen and carbon fixation,
mineral release from parent material, decaying organic matter,and
translocation of nutrients. Erosion and compaction are infrequent
occurrences. (pg. 13)
IV. b. Guidelines for Soil,Water, and Fisheries:
• 2: Major soil disturbances that expose the soil surface or substantially alter
soil properties such as temporary roads, skid trails,landings, and ruttings
should not occupy more the fifteen percent of forest vegetation management
treatment areas except for watershed improvements, restoration of species,
or to correct soil and water problems. (page 35)
• 3: Vegetation cutting and use of mechanized ground disturbing equipment
should stay more than 33 feet away from perennial streams unless such
activities are needed for riparian wildlife habitat, stream channel stability, to
restore riparian vegetation, or to provide access for recreation or stream
crossings. (page 35)
• 10:-Stream restoration designs should utilize the natural stream channel
whenever possible. (page 36)
• 12: When selecting aquatic habitat for restoration, the following criteria
should be used:
o The condition and vulnerability of the watershed where the site is
located - fair or poor sites within otherwise good condition, high
vulnerability watersheds should be given first priority
o Degree of improvement needed to achieve "good" condition - sites
rated "fair" should be restored before sites rated "poor." (page 36)
This project is intended to restore damaged areas within and directly adjacent to
damage caused by unauthorized OHV and camping, and will restore creek channel
integrity and streambank vegetation and stability, as well as diversity and health of
stream habitats. The stream restoration actions conducted within the creek bed
will restore the integrity and stability of the channel and increase structural and
therefore ecological diversity of this section of creek. Because the unauthorized
OHV use and campsite is localized to the area directly south of SR 1563, the
remainder of the creek is in good condition, and this project will restore the creek,
creek side, and unauthorized access road to good condition, consistent with the
rest of Cheek Creek.
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IV.c. Environmental Justice
This action does not result in Environmental Justice issues, as defined in Executive
Order 12898, as no actions will be taken that will disproportionately adversely
impact minority or low income populations.
V. Response to DEQ Comments
In response to questions from the Department of Environmental Quality (DEQ),this
project does not involve:
• Any sewer extensions;
• Open burning, as all excavated vegetation will be used for rehabilitation
purposes;
• Need for an erosion and sedimentation control plan,as the area of
disturbance within Cheek Creek is less than one acre in size and all disturbed
soils will be revegetated using rooted vegetation excavated from the site and
planting of native plants where needed;
• Abandonment of any water wells;
• Existence of existing or abandoned underground storage tanks, as the
Department of Water Management/UST commented that it has no record of
an identified release of petroleum in the area of concern, nor are there any
records of registered USTs.
The Uwharrie NF will apply for a 401 Water Quality Certification from the NC
Department of Water Quality in compliance with T15A02H.0500. A Pre-
Construction Notification will be submitted to the US Army Corp of Engineers for
CWA Section 404 permitting.
VI. Implementation Date
The implementation of this project is proposed to begin in the spring of 2020 and
may be implemented immediately upon my signature on this Decision Memo.
VII. Administrative Review and Appeal Opportunity
This decision, as a categorically excluded action, is not subject to appeal processes
pursuant to 36 CFR 215 nor to objection processes per 36 CFR 218.
Vill. Contact
For further information on this decision, please contact Theresa Savery at (910)
576-6391 ext. 102, by email at [e-mail], or in person at Uwharrie
ger District, 789 NC H 27 East,Troy NC 27371.
CH SPISAK Date
District Ranger, Uwharrie Ranger District
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USDA is an equal opportunity provider,employer and lender.
Decision Memo — Cheek Creek Watershed Rehabilitation Project 13