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Home My WebLink About20131200 Ver 6_Harmon Dairy MY4 Report_Feb2024_RD_20240206 Harmon Dairy Stream Mitigation Project 2023 MY4 Documentation Report Polk County, North Carolina USACE # SAW-2013-02262 DWR# 20131200 v6 06/27/2023 11:16 Data collected: June and August 2023 Submitted on: February 6, 2024 Prepared for: Prepared by: Tryon Equestrian Partners, LLC ClearWater Environmental 2659 Sandy Plains Road An EnviroScience Company Tryon, NC 28782 145 7th Avenue W; Suite B, Hendersonville, NC 28792 Introduction Tryon Equestrian Partners (TEP) received authorization from the U.S. Army Corps of Engineers (USACE) 404 Permit (Action Id. No. 2013-02262) dated September 14, 2017 and a N.C. Division of Water Resources (DWR) 401 Water Quality Certification (Project No. 13-1200 V6) dated November 16, 2018 to impact streams for the construction of the Tryon International Equestrian Facility (TIEC). Compensatory mitigation for impacts to streams is described in the mitigation plan for the Harmon Dairy Stream Mitigation Project (Phases 1 and 2) (Wildlands Engineering Inc. and Clearwater Environmental Consultants Inc. 2017). This annual monitoring report documents the fourth year of data collection for Phases 1 and 2 of the Harmon Dairy Stream Mitigation Project (Site). The Site is comprised of two phases totaling 7,256 linear feet of stream and will provide 5,005 credits of stream mitigation. The site is located in Polk County. A map of the project vicinity (Figures 1 and 2) as well as the phases and types of mitigation (i.e. restoration, enhancement, preservation) is included in this report (Figure 3). The success of stream stability and woody vegetation plantings will be evaluated for 7 October 24, 2016 (USACE 2016). The applicant will monitor the required areas for 7 years and report the results annually to USACE and DWR. The streams and buffer will be protected in perpetuity by a Conservation Easement that will be held and monitored by Polk County Soil and Water Board. Harmon Dairy Stream Mitigation Project page i Monitoring Year 4 Report February 6, 2024 Table of Contents Introduction ............................................................................................................................... i 1.0 Project Background ...................................................................................................... 1 1.1 Project Location, Setting, and Directions ͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵ 1 1.2 Project Goals and Objectives ͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵ 1 1.2.1 Project ObjectivesPhase 1 ...................................................................................... 1 1.2.2 Project Objectives- Phase 2 ....................................................................................... 1 2.0 Project Structure, Restoration Type and Approach ........................................................ 2 2.1 Site Protection Instrument ................................................................................................ 2 2.2 Project Structure ............................................................................................................... 2 2.3 Project History, Contacts and Attribute Data ..................................................................... 3 3.0 Performance Standards ..................................................................................................... 4 3.1 Channel Stability and Morphology .................................................................................... 4 3.1.1 Dimension .................................................................................................................. 4 3.2 Hydrology ......................................................................................................................... 4 3.2.1 Bankfull Events ..................................................................................................... 4 3.2.2 Continuous Flow ........................................................................................................ 4 3.3 Vegetation ........................................................................................................................ 4 3.3.1 Woody Stem Plantings ............................................................................................... 4 3.4 Visual Assessment ........................................................................................................... 4 3.4.1 Encroachment ............................................................................................................ 4 3.5 Schedule and Reporting ................................................................................................... 5 4.0 Methods .............................................................................................................................. 6 4.1 Channel Stability and Morphology .................................................................................... 6 4.1.1 Photo Documentation ................................................................................................. 6 4.2 Hydrology ......................................................................................................................... 6 4.2.1 Bankfull Events .......................................................................................................... 6 4.2.2 Continuous Flow Monitoring ....................................................................................... 6 4.3 Vegetation ........................................................................................................................ 6 4.4 Visual Assessment ........................................................................................................... 7 5.0 Adaptive Management Plan ............................................................................................... 7 6.0 Monitoring Year 4 (MY4) Data Assessment ...................................................................... 8 6.1 Hydrology ......................................................................................................................... 8 6.2 Visual assessment ............................................................................................................ 9 Harmon Dairy Stream Mitigation Project page ii Monitoring Year 4 Report February 6, 2024 7.0 Corrective Action Plan ......................................................................................................10 7.1 Modification of Fence Lines .............................................................................................10 7.2 Signage installed to the conservation easement boundary ..............................................10 7.3 Revision to Conservation Easement Boundary ................................................................11 7.4 Beaver and Dam Removal ...............................................................................................12 7.5 Repairs to Stream Channel..............................................................................................13 8.0 Areas of Concern ..............................................................................................................13 9.0 References .........................................................................................................................17 List of Figures Figure 1 Vicinity Map Figure 2 USGS Topographic Map Figure 3 Project Components Map Figures 4.0-4.5 Current Condition Plan View (CCPV) Maps Attachment A: Recorded Conservation Easement Attachment E: Visual Assessment Photographs Attachment F: Areas of Concern Attachment G: Records of Communication Harmon Dairy Stream Mitigation Project page iii Monitoring Year 4 Report February 6, 2024 1.0 Project Background 1.1 Project Location, Setting, and Directions The site is located in the Piedmont physiographic province (NCGS 2004) in Polk County, North Carolina. The site is accessed from NC Highway 9 in the town of Green Creek (Figure 1 and Figure 2). The site is bordered by Mary's Branch to the west, and streams on the site are unnamed tributaries (UT) to Mary's Branch, which drains to the Broad River (HUC 03050105). To access the site from Asheville, take Interstate 26 East for 36 miles to Exit 67. Follow US-74 East toward Columbus. Take Exit 167 and turn south onto NC Highway 9. After approximately 7 miles, turn right onto Harmon Dairy Lane. Harmon Dairy Lane ends at the dairy. The project reaches are located to the west of the dairy barns. 1.2 Project Goals and Objectives 1.2.1 Project ObjectivesPhase 1 The resource functions of the stream restoration project address needed improvements to the watershed in several ways. The existing stream at the site was degraded due to prior channelization, habitat alteration, excess sediment from bank erosion, limited riparian buffers, and livestock trampling. The project addresses these impairments and improves watershed functions by restoring approximately 1,126 linear feet of an unnamed tributary (UT) to Mary's Branch. The primary goal of the stream restoration project is to return the project reach to a stable, well vegetated, and naturally functioning condition. Specific stream restoration objectives include: improving bank stability, enhancing aquatic and terrestrial habitats, removing invasive exotic plant species, and establishing more robust and wider vegetative buffers and installing livestock fencing around these riparian buffers. 1.2.2 Project Objectives- Phase 2 The stream restoration project addresses needed improvements to the watershed in several ways. The existing streams at the site were degraded due to prior habitat alteration, excess sediment from bank erosion, limited riparian buffers, and livestock trampling. The proposed project addresses these impairments and improves watershed functions by restoring, enhancing and preserving 6,039 LF of four unnamed tributaries (UTs) to Mary's Branch. The primary goal of the stream restoration project is to return the project reaches to stable, well vegetated, and naturally functioning conditions. Specific stream restoration objectives include: improving bank stability, enhancing aquatic and terrestrial habitats, removing invasive exotic plant species, Harmon Dairy Stream Mitigation Project page 1 of 17 Monitoring Year 4 Report February 6, 2024 stabilizing upland gullies establishing more robust and wider vegetative buffers and installing livestock fencing around these riparian buffers. 2.0 Project Structure, Restoration Type and Approach 2.1 Site Protection Instrument A Conservation Easement (CE) on the property is held by the Polk County Soil and Water Conservation District (SWCD) to permanently protect the improved aquatic habitats and riparian buffers and restrict future activities that might otherwise compromise the functions and services of the aquatic resources (Attachment A). The permanent conservation easement recorded January 23, 2017 extends at least 50 feet beyond the top of both banks on all UTs. Within the conservation easement, the riparian buffers are planted with native trees and shrubs to provide post-construction bank stability, erosion control and riparian habitat enhancement. All site protection instruments require 60-day advance notification to the US Army Corps of Engineers (Corps) and the NC Division of Water Resources (DWR) prior to any action to void, amend, or modify the document. No such action would take place unless approved by the Corps and DWR. 2.2 Project Structure The project is implemented according to the 2017 Harmon Dairy Stream Mitigation Project Mitigation Plan (Mitigation Plan). The Mitigation Plan consists of two phases proposing a combined 7,256 linear feet of stream to provide 5,005 credits of stream mitigation. An overview map of the phases and types of mitigation (i.e. restoration, enhancement, preservation) is included in Figure 3. Below is a Summary Table for Projected Mitigation Credits for Phases 1 and 2 (Table 1). Phase one consists of Restoration and Enhancement II on the UT1 to Mary's Branch. Phase II consists of Restoration, Enhancement I, Enhancement II and Preservation of UT2, UT3, UT4 and UT5 to Mary's Branch. Both phases were constructed simultaneously and with final earthwork and planting completed in 2019. Table 1: Credit Summary Phase I and II Stream Reach Approach STA STA End Proposed As-Mitigation Total Begin Reach Built Credit Potential Length Length Ratio Credits Phase I UT1 1 Enhancement II 1+66 3+18 152 1,247 2.5:1 61 UT1 2 Restoration 3+18 13+83 1,065 1:1 1,065 Phase II UT2 1 Preservation 0+01 4+06 405 -- 10:1 41 UT2 2 Enhancement II 4+06 7+90 384 -- 2.5:1 154 UT2 3 Enhancement I 7+90 22+65 1,475 2,325 1.5:1 983 UT2 4 Restoration 22+90 31+28 838 1:1 838 UT3 1 Enhancement II 100+00 100+48 48 -- 2.5:1 19 UT3 2 Enhancement I 100+48 112+33 1,185 -- 1.5:1 773 UT3 3 Preservation 112+33 115+62 329 -- 10:1 33 UT3 4 Restoration 115+62 124+82 920 1,037 1:1 920 Harmon Dairy Stream Mitigation Project page 2 of 17 Monitoring Year 4 Report February 6, 2024 UT4 -- Preservation 1+14 3+61 247 -- 10:1 25 UT5 -- Enhancement II 1+00 3+33 233 -- 2.5:1 93 Total Stream Mitigation Credits (Phase I) 1,126 Total Stream Mitigation Credits (Phase II) 3,879 Overall Stream Mitigation Credits 5,005 2.3 Project History, Contacts and Attribute Data Table 2: Project History Project Component Date Completed Final Mitigation Plan (Phase I and II) August 3, 2017 404 / 401 Issued September 14, 2017 and November 16, 2018 Final Design - Construction Plans March 1, 2018 Construction January 2019-May 2019 Bare Root / Live Stake Plantings May 2019 Baseline Data Collection Activities July-August 2019 As-Built Report and Record Drawings June 2020 Corrective Action Plan January 8, 2021 (Updated March 2022) MY1 Vegetation Monitoring August 2020 MY1 Geomorphic Monitoring September 2020 MY1 Invasive Plant Management September and November 2020 MY2 Geomorphic Monitoring July and August 2021 MY2 Vegetation Monitoring September 2021 MY2 Invasive Plant Management September 2021 MY3 Geomorphic Monitoring August 2022 MY3 Vegetation Monitoring September 2022 MY3 Invasive Plant Management Summer 2022 MY4 Visual Assessment June and August 2023 Table 3: Project Contacts Designers Wildlands Engineering Inc. Construction Contractors Baker Grading and Landscaping Inc. & SM Soil and Water Solutions, LLC Planting Contractor Baker Grading and Landscaping Inc. & SM Soil and Water Solutions, LLC Seeding Contractor Baker Grading and Landscaping Inc. & SM Soil and Water Solutions, LLC Seed mix source Ernst Conservation Seeds and Green Resource Nursery Stock Supplier Dykes & Son Nursery Monitoring Performer ClearWater Environmental Vegetation Management SM Soil and Water Solutions, LLC Surveyors Ben Patton Land Surveying, PLLC & Associated Land Surveyors & Planners, PC Harmon Dairy Stream Mitigation Project page 3 of 17 Monitoring Year 4 Report February 6, 2024 3.0 Performance Standards In accordance with the provisions in CFR Title 33, "performance standards that will be determine if it is developing into the desired resource type, providing the expected functions, and attaining any other applicable metrics". Success criteria were defined in the 2017 Harmon Dairy Stream Mitigation Project Mitigation Plan (Mitigation Plan). For each defined success criteria, quantitative (e.g. bank height ratio) or qualitative (e.g. observations of fine sediment deposition on the floodplain), data is measured throughout the monitoring period. Year-to-year comparisons for the various parameters will allow adaptive management to be implemented early in the monitoring period, if necessary, to reduce the risk of widespread problems. 3.1 Channel Stability and Morphology 3.1.1 Dimension Riffle bank height ratios (BHR) shall not exceed 1.2. Changes in BHR shall not exceed 10% in year-to-year comparisons. Entrenchment ratio (ER) for riffles in reaches where ER is corrected through design and construction shall be no less than 1.4. Changes in ER shall not exceed 10% in year-to-year comparisons. 3.2 Hydrology 3.2.1 Bankfull Events At least 90% of the stream bed and banks shall remain stable through four bankfull events, occurring in separate years, during monitoring years 1 through 7. 3.2.2 Continuous Flow Continuous surface water flow must be documented for 30 consecutive days at any point during the monitoring year. 3.3 Vegetation 3.3.1 Woody Stem Plantings Density of 320 live, planted stems/acre at year 3; 260 live, planted stems/acre at year 5; 210 live planted stems/acre at year 7. Trees must average 7 feet in height at year 5 and 10 feet in height at year 7. No more than 50% of a plot stem count shall be a single species. 3.4 Visual Assessment 3.4.1 Encroachment 100% of fencing and signage to remain intact. No encroachments shall be made on the easement. Harmon Dairy Stream Mitigation Project page 4 of 17 Monitoring Year 4 Report February 6, 2024 3.5 Schedule and Reporting Monitoring reports will be submitted to USACE and DWR by December 31 of each monitoring year. Reporting requirements vary based on the monitoring year. Years 4 and 6 do not require cross sectional surveys, or vegetation monitoring of temporary/permanent plots, unlike Years 1, 2, 3, 5, and 7. Based on the (NCIRT; "Wilmington District Stream and Wetland Compensatory Mitigation Update), the monitoring reports will include the following: Project background which includes project objectives, project structure, restoration type and approach, location and setting, history and background Map of project approach and structure Map with monitoring features and any problem areas indicated Assessment of the stability of the stream Annual photographs of monitoring features Assessment of vegetation Assessment of hydrology Recommended maintenance or corrective actions Any other observations from visual assessment such as indications of encroachment or wildlife Harmon Dairy Stream Mitigation Project page 5 of 17 Monitoring Year 4 Report February 6, 2024 4.0 Methods The ecological criteria for monitoring are linked to project success performance standards established in the Harmon Dairy Stream Restoration Mitigation Plan (2017) and discussed in Section 3.0 of this document. Evaluation of project success utilizes industry standard methods described in detail below. Project success will be evaluated annually for 7 years per the proposed guidance set forth by the North Carolina Interagency Review Team's (NCIRT) "Wilmington District Stream and Wetland Compensatory Mitigation Update" - October 24, 2016 (USACE 2016). 4.1 Channel Stability and Morphology 4.1.1 Photo Documentation Photographic reference points (photo-points) were used to visually document stream conditions and include both a downstream facing photo and an upstream facing photo at each photo reference point. Photo-points were established at 30 stations along the entirety of the project streams. All photo-points were recorded with a sub-meter accuracy Trimble GeoXT GPS device and monumented with a PVC stake. The photographer will make a reasonable attempt to capture the same perspective in each photo-point location annually. 4.2 Hydrology 4.2.1 Bankfull Events Crest gauges were installed on riffle cross-sections XS3, XS6 and XS10 will be visually inspected to document the occurrence of bankfull events. Photographic documentation of recently deposited rack lines was recorded as indicators of bankfull flow events. 4.2.2 Continuous Flow Monitoring Streamflow stage will be monitored to document 30 days of continuous flow using a continuous stage recorder. An automated level-logger will be set to record every 2 hours. Evidence of channel flow will be documented with a photo and the stream level will be manually recorded at each data download. 4.3 Vegetation Vegetation monitoring was conducted during the As-Built Monitoring and will be conducted in post-construction monitoring years 1, 2, 3, 5, and 7. Both Permanent Vegetation Plots (PVP) and Temporary Vegetation Plots (TVP) were established. PVPs will be monitored in utilizing methods established by the Carolina Vegetation Survey-EEP Level 2 Protocol (Lee et al., 2008) and the 2016 USACE Stream and Wetland Mitigation Guidance. For all monitoring plots all woody stems, including exotic and invasive species, were recorded. Exotic/invasive species will not count toward success of performance standards. A total of seven permanent vegetation plots (PVP) and five temporary vegetation plots (TVP) were established within the 14.14 AC planted area. Locations of PVP and TVP Harmon Dairy Stream Mitigation Project page 6 of 17 Monitoring Year 4 Report February 6, 2024 were chosen in the field to capture the heterogeneity of the species composition and spacing within the planted area. Permanent vegetation plots were established by choosing a random origin point, with standard 10 meter by 10 meter square with plants located on an XY axis. The vegetation plot corners have been marked and are recoverable either through field identification or with the use of a GPS unit. Reference photographs were taken at the origin looking diagonally across the plot to the opposite corner and will be repeated each monitoring year. Individual PVP data recorded will include woody stem identification, height, density, vigor, damage (if any), and percent survival. Planted woody stems will be marked during assessment as needed based on a known origin so they can be found in succeeding monitoring years. Mortality will be determined from the difference between the baseline year's living planted stems and the current year's living planted stems. 2 Temporary vegetation plots (TVP) are, using a circular or 100 m plot. These temporary plots will be reestablished in different and random locations throughout the planted conservation easement in monitoring years 1, 2, 3, 5, and 7. These locations will be indicated on plan view maps for the corresponding monitoring assessment year. Temporary vegetation plot assessments will document the number of stems, species type, and stem height within the plot. Please refer to the Current Condition Plan View (CCPV) Figures 4.0 through 4.5 for the permanent and temporary vegetation monitoring locations. 4.4 Visual Assessment Visual assessment will be performed annually to determine locations of exotic and nuisance vegetation, and locations of any fence damage, vegetation damage, or boundary encroachments. Any areas of concern will be mapped and included in the annual monitoring report. 5.0 Adaptive Management Plan Maintenance of the newly constructed channels and all structures associated with the restoration would be accomplished by Tryon Equestrian Partners (TEP) if the monitoring parameters for restored streams exceed the range of natural variability established during the 7-year monitoring period. Replacement planting would be performed by TEP if stem counts fall below 320 stems per acre during the first 3 years, 260 stems per acre through year 5, or 210 stems per acre through year 7. If any portion of the mitigation project fails to meet the specified performance standards in a monitoring year, the reason(s) for this failure would be determined and a corrective action plan (which would include proposed actions, a schedule, and monitoring plan) would be prepared. TEP will also install and maintain the livestock fence for seven years. The landowner will be responsible for maintaining the fence thereafter if the adjacent land uses include livestock. If it is believed that corrective action to a problem area is not warranted, the corrective action plan would state the reasons. Continued monitoring of the problem area may be required. Project maintenance would be performed as described above. If, during the course of annual monitoring it is determined the site's ability to achieve site performance standards Harmon Dairy Stream Mitigation Project page 7 of 17 Monitoring Year 4 Report February 6, 2024 is jeopardized, the applicant would notify the Corps and DWR of the need to develop an Adaptive Management Plan. Once the Adaptive Management Plan is prepared and finalized the applicant would: Notify the Corps and DWR. Revise performance standards, maintenance requirements, and monitoring requirements as necessary and/or required by the Corps and DWR. Obtain other permits as necessary. Implement the Adaptive Management Plan. Provide the Corps and DWR with documentation of corrective action. This report would depict the extent and nature of the work performed. A Corrective Action Plan dated January 8, 2021 was submitted to the Corps/DWR for review. Areas of Concern (AOC) were updated March 19, 2022 and again in Fall 2023 following site visits with the Army Corps of Engineers. TEP hired SM Soil and Water Solutions to implement the Corrective Action Plan and address AOC on-site. This work was temporarily put on hold October 17, 2022, due to a landowner dispute. Invasive plant control has been implemented in 2020, 2021 and 2022. 6.0 Monitoring Year 4 (MY4) Data Assessment MY0 baseline data collection was conducted in July-August 2019. The fourth annual monitoring assessment (MY4) was conducted in June and August 2023. The Site will be monitored for a total of seven years, with the final monitoring activities scheduled for 2026. 6.1 Hydrology Bankfull events were recorded during MY4 at all three crest gauge stations. Signs of perennial flow were observed throughout the monitoring reach. Crest gauge readings from June 26 and August 4, 2023, are included in Table 10 below: Table 4: Crest Guage Data Location Date Observed Crest Gauge Reading UT1 Crest Gage at XS6 August 4, 2023 0.70 ft UT2 Crest Gage at XS3 August 4, 2023 0.90 ft UT3 Crest Gage at XS10 June 26, 2023 0.35 ft Harmon Dairy Stream Mitigation Project page 8 of 17 Monitoring Year 4 Report February 6, 2024 Monitoring device installed on 3/3/2022 ® A HOBO continuous flow monitoring device was installed in UT3 Reach 2 during MY3. The device was installed on March 3, 2022 and set to record the water level every 2 hours. Data from the device was collected on August 25, 2022. The data showed that the reach had perennial flow throughout the deployment of the device. A record of continuous flow data is included in this report as Attachment C. Visual monitoring of this reach confirmed strong baseflow in this reach during the MY3 period. Data from UT3 Crest Gage at XS10 was collected on June 27, 2023, during the MY4 period. Within the file, data from May 28 June 27, 2023, appears to be corrupted and displays as all negative values. Data was collected for a brief period from midnight to 6:00 AM on May 29, 2023, before the data shows negative values again by 8:00 AM the same day. However, one final reading prior to when the device was collected on June 27, 2023, appears to be good at 10:00 AM. 6.2 Visual assessment The MY4 visual assessment was performed on June 27-28 and August 4, 2023. ClearWater did note a section of two downed fences. One downed fence was located on the southwestern most end of UT1, however no signs of livestock encroachment were observed. The other downed fence was observed east of the downed fence mapped location in MY3. The location of both downed fences is noted in the attached Figure 4 map set. A beaver dam was observed west of UT1 on June 27 and August 4, 2023. This reach of the stream is entirely dammed, and water appears to be deeper in this area. Freshly cut vegetation was observed on both sides of the banks in addition to debarked branches near the water. Photographs of all permanent photo points are included in Attachment E. Harmon Dairy Stream Mitigation Project page 9 of 17 Monitoring Year 4 Report February 6, 2024 7.0 Corrective Action Plan Efforts to close out the construction phase of the Harmon Dairy Stream Mitigation site are ongoing and are described in the corrective action plan below. Areas of Concern (AOC) were updated in fall of 2023, following a site visit with the Army Corps of Engineers. The corrective action plan includes the scope for remaining work necessary to meet the construction phase requirements, including: (1) modification of fence lines, (2) signage installed to the Conservation Easement boundary, (3) revision to the Conservation Easement (CE) Boundary due to revised placement of stream crossing on UT3, (4) removal of beavers/dams where dams have been built, and (5) repairs to sections of stream channel which are eroding or unstable. AOC are outlined in Section 8.0 of this report. Invasive plant control was implemented in 2020, 2021 and 2022. Invasive control was not completed in 2023 but is scheduled for 2024. Supplemental planting occurred during MY3. SM Soil and Water was contracted to complete stream repairs during MY4. Due to access issues with the landowner, corrective action work was temporarily put on hold. The remaining work outlined in the corrective action plan will be completed during 2024 (MY5). 7.1 Modification of Fence Lines The As-Built Report for the Site includes sealed record drawings produced by Ben Patton Land Surveying, PLLC dated January 23, 2017. The drawings indicate the locations of conservation easement boundaries and installed fence lines. The placement of the fence line on-site is farther upslope than was originally recorded, necessitating a fence line modification. Corrective Action: fence line will be moved down-slope to align with the conservation easement boundary, as agreed upon between the landowners, Corps, and NCDWR in an email dated May 1, 2023 (Attachment G). A map highlighting the area where the fence will be shifted is found in Attachment G. This work will be performed by a licensed contractor and professional land surveyor (Associated Land Surveyors). Additionally, several sections of downed fence line were documented during MY4 and will be repaired with the fence line modifications. The timeline for completion of the modification of the fence line and fence line repairs is Spring/Summer 2024. 7.2 Signage installed to the conservation easement boundary October 24, 2016 (USACE 2016) indicates that the final as-built survey includes verification of the installation of conservation easement boundary markers. The easement boundary markers were not installed as described in the construction specifications. Corrective action: signage will be installed at all conservation easement corners specifications for as-built survey produced by Wildlands Engineering, Inc. on March 9, 2018. Modification to the placement of wooden posts, fence lines and metal t-posts (described above in Section 1.0) will occur prior to the placement of Harmon Dairy Stream Mitigation Project page 10 of 17 Monitoring Year 4 Report February 6, 2024 signage. The non-fenced areas of the easement will require a stakeout survey, to be performed by a professional land surveyor (Associated Land Surveyors) to locate and monument easement corners and boundaries. Signage will be placed on existing installed wooden witness posts/fence posts and t-posts with additional posts added as necessary in the non-fenced areas of the easement as described below. The timeline for completion of the installation of signage is Spring 2024. Technical specification for As-Built survey. Wildlands Engineering 2018: Contractor agrees to install wooden witness posts and signage at all conservation easement corners as follows: Treated to a minimum of 0.4 PCF Attach conservation easement signs (to be provided by Owner) with rust resistant bolts, nails or screws, 4 per post Each sign shall be placed parallel to the conservation easement boundary line, facing away from the conservation area with the corners wrapped around the post and secured (Nelson tree marking paint 68 year or similar) including post top; signage shall be installed just beneath yellow paint Each post shall be installed plumb and set solidly in the ground to prevent future movement Contractor agrees to use cement if needed to add stability as follows: 40 80 lb bag of cement per post; use for unconsolidated and sandy soils where necessary to add stability and prevent future movement; all posts must be stable, complete and approved by Engineer Contractor agrees to install metal witness posts and signage along all conservation easement boundary lines (i.e., between corners) as follows: In nonwooded areas set 6foot TPost (tops painted yellow) at no more In wooded areas where trees on the subject property can be marked, blaze and mark conservation easement lines. Conservation easement lines shall be marked with conservation easement signs (to be provided by Owner) and blazed with yellow paint (Nelson tree marking paint 68 year or similar). 7.3 Revision to Conservation Easement Boundary A Conservation Easement (CE) on the property is held by the Polk County Soil and Water Conservation District (SWCD) to permanently protect the improved aquatic habitats and riparian buffers and restrict future activities that might otherwise compromise the functions Harmon Dairy Stream Mitigation Project page 11 of 17 Monitoring Year 4 Report February 6, 2024 and services of the aquatic resources. The permanent conservation easement recorded January 23, 2017 extends at least 50 feet beyond the top of both banks on all UTs. Within the conservation easement, the riparian buffers are planted with native trees and shrubs to provide post-construction bank stability, erosion control and riparian habitat enhancement. The ford crossing on UT3 was modified during construction to avoid unnecessary tree removal (crossing 1; Figure 4.0). The extended gravel road for the UT3 crossing extending to the southwest penetrates the boundary of the conservation easement by approximately 30 feet. Corrective action: The ford crossing on UT3 (crossing 1; Figure 4.0) is to be maintained in this location, therefore a modification to the 2017 conservation easement boundary held by SWCD is necessary. All site protection instruments require 60-day advance notification to the US Army Corps of Engineers (Corps) and the NC Division of Water Resources (DWR) prior to any action to void, amend, or modify the document. No such action would take place unless approved by the Corps and DWR. Revision to the CE boundary was proposed to Steve Kichefski (Corps of Engineers) and Andrew Moore (NCDWR) during a site visit in spring 2023 and discussed in an email from C. Riddle dated May 1, 2023 (Attachment G). The revised boundary will be surveyed and marked, and a new property boundary plat generated by a professional land surveyor. A draft of the new CE plat will be submitted to the Corps/DWR and Polk County for review and approval prior to final recording. The timeline for completion of the CE boundary revision is Spring/Summer 2024. 7.4 Beaver and Dam Removal Visual assessment of the Harmon Dairy Mitigation Project during the summer of 2023 revealed numerous beaver dams and recent beaver activity (e.g., beaver chews; slides) along UT1 (see CCPV Figure 4 in MY4 report). Beaver dams were located during an initial site visit in June 2023, and dams have since extended across a longer reach of the channel during a site visit in Winter 2024. The dams have restricted normal hydrologic flow through UT1 and have resulted in numerous ponded stream sections. Corrective action: a list of eight trappers were contacted in winter 2024 for potential beaver trapping and dam breaching. A local trapper visited the site with the project team on January 17, 2024, and has been hired to assist in culling beavers on the site. Dams will be breached to restore the previous hydrologic regime. Following dam removal, conditions will be monitored to ensure bank stability along dammed area. Beaver activity will also be monitored and further culling or non-lethal activities (e.g., wrapping trees) will be conducted as needed to maintain stream channel stability and protect valuable vegetation. Harmon Dairy Stream Mitigation Project page 12 of 17 Monitoring Year 4 Report February 6, 2024 7.5 Repairs to Stream Channel Visual assessment of the Harmon Dairy Mitigation Project performed during the summer of 2023 revealed areas of erosion and instability within the bed and banks, which warrant corrective action. Areas of Concern (AOC) 1, 6, 40, 47, and 49-55 are outlined in Section 8.0 of this report. The stationing for each repair location is approximate and subject to natural variation and will require adjustment in the field according to best professional judgement of the construction engineer. Corrective action: Repairs to Areas of Concern 1, 6, 40, 47, and 49-55 will be completed using coir matting and live stakes to stabilize eroding banks, with structure repairs performed as necessary by and with small earthmoving equipment. Shaun Moore, SM Soil and Water, has been hired to complete these repairs. The timeline for completion of the stream repairs is estimated to be during the MY5 period in 2024. 8.0 Areas of Concern Sealed record drawings include annotated Areas of Concern (AOC) in Attachment F. Below these AOC are ranked as minor, moderate, or severe, and will be monitored as maintenance. These areas were reevaluated in 2023 and areas needing action in 2024 are highlighted in red. Specific areas of concern are detailed below: Table 5: Monitoring Areas of Concern (AOC) AOC - # Location Problem Description Rank/size Action AOC-1 UT1 Reach 2 Streambank erosion Moderate Complete; needs to STA 4+50 and pattern adjustment be in channel, gravel bar monitored/maintain forming at center of ed in MY5 following channel which is beaver dam directing flow to removal floodplain pools AOC-2 UT2 STA 7+95 - Streambank erosion, Severe Complete 8+25 both banks AOC-3 UT2 STA 12+75 Right stream bank Moderate Complete eroding AOC-4 UT2 STA 13+88 (Boulder Step #6): Minor Complete Structure piping AOC-5 : (Boulder Step #10): Minor Complete UT2 STA 17+00 Lateral scour AOC-6 UT2 STA Right hillslope above Moderate Maintenance 17+50-18+00: streambank is Scheduled MY5 sloughing Harmon Dairy Stream Mitigation Project page 13 of 17 Monitoring Year 4 Report February 6, 2024 AOC - # Location Problem Description Rank/size Action AOC-7 UT2 STA 17+90 (Boulder Step #15) Moderate Complete Structure failure AOC-8 UT2 STA Log sill piping Minor Complete 26+63-26+74 AOC-9 UT2 STA Riffle and end grade Severe Complete 27+84-28+36 control washed out AOC-10 UT3 STA Boulder Structure Moderate Complete 109+15: repair needed AOC-11 UT3 STA Left stream bank Moderate Complete 116+50 - eroding 117+00 AOC-12 UT2 left Bare, eroding soil 0.02 AC Complete floodplain patch. AOC-13 UT2 right Bare, eroding soil 0.01 AC Complete floodplain patch. AOC-14 UT2 right Bare, eroding soil 0.10 AC Complete floodplain patch. hillslope AOC-15 UT2 left Bare, eroding soil 0.05 AC Complete floodplain patch. AOC-16 UT3 right Bare, eroding soil 0.06 AC Complete floodplain patch. hillslope AOC-17 UT3 right Bare, eroding soil 0.06 AC Complete floodplain patch. hillslope AOC-18 UT3 Reach 2 Area of low stem 0.54 AC Complete density AOC-19 UT3 Reach 2 Area of low stem 0.64 AC Complete density AOC-20 UT3 Reach 4 Area of low stem 0.48 AC Complete density AOC-21 UT2 Reach 2 Area of low stem 2.19 AC Complete and 3 density AOC-22 UT1 Reach 1 Area of low stem 0.40 AC Complete density AOC-23 UT1 Reach 2 Area of low stem 0.22 AC Complete density AOC-24 UT2 Reach 3 Invasive Plant 0.20 AC Herbicide applied dominance kudzu Severe Harmon Dairy Stream Mitigation Project page 14 of 17 Monitoring Year 4 Report February 6, 2024 AOC - # Location Problem Description Rank/size Action 2021/2022; scheduled for MY5 AOC-25 UT1 Reach 4 Invasive Plant 0.58 AC Herbicide applied dominance kudzu Severe 2020/2021/2022; scheduled for MY5 AOC-26 UT1 Reach 2 Invasive Plant 1.10 AC Herbicide applied dominance kudzu Mild 2020/2021/2022; scheduled for MY5 AOC-27 UT3 Reach 4 Invasive Plant 0.49 AC Herbicide applied dominance kudzu Severe 2020/2021/2022; scheduled for MY5 AOC-28 UT3 Reach 2,3 Invasive Plant 1.04 AC Herbicide applied and 4 dominance kudzu Mild 2020/2021/2022; scheduled for MY5 AOC-29 UT3 Reach 1 Invasive Plant 0.13 AC Herbicide applied dominance tree of Mild 2020/2021/2022; heaven scheduled for MY5 AOC-30 UT2 Reach 3 Invasive plant 0.34 AC Herbicide applied dominance- kudzu Mild 2020/2021/2022; scheduled for MY5 AOC-31 UT3 Reach 2 Invasive plant 0.21 AC Herbicide applied dominance privet Severe 2020/2021/2022; scheduled for MY5 AOC-32 UT2 Reach 1,2 Invasive plant 3.25 AC Herbicide applied and 3 dominance- kudzu Moderate 2020/2021/2022; scheduled for MY5 AOC-33 UT2 Reach 3 Invasive plant 1.59 AC Herbicide applied and 4 dominance- kudzu Moderate 2020/2021/2022; scheduled for MY5 AOC-34 UT2 Reach 4 Invasive plant 0.30 AC Herbicide applied dominance privet Severe 2020/2021/2022; scheduled for MY5 AOC-35 UT2 Reach 4 Invasive plant 0.13 AC Herbicide applied dominance privet Severe 2020/2021/2022; scheduled for MY5 1.01 AC AOC-36 UT3 Reach 4 Invasive plant Herbicide applied Severe dominance kudzu 2020/2021/2022; scheduled for MY5 AOC-37 UT2 Reach 2 Invasive plant 0.07 AC Herbicide applied dominance tree of Mild 2020/2021/2022; heaven scheduled for MY5 AOC-38 UT2 Reach 3 Invasive plant 1.54 AC Herbicide applied dominance privet Moderate 2020/2021/2022; scheduled for MY5 Harmon Dairy Stream Mitigation Project page 15 of 17 Monitoring Year 4 Report February 6, 2024 AOC - # Location Problem Description Rank/size Action AOC-39 UT1 STA ~6+25 Remove beaver dams Moderate Removal/maintena (New) and beaver nce scheduled for MY5 AOC-40 UT1 STA Potential eroding right Mild Maintenance (New) ~10+75 stream bank Scheduled MY5 Add Photo Point and Bank Pins AOC-41 UT1 STA Undercut left stream Mild Maintenance (New) ~11+00 bank Scheduled MY5 Add Photo Point AOC-42 UT2 STA 25+20 Log sill piping Moderate Complete (New) AOC-43 UT2 STA Log sill piping Moderate Complete (New) ~25+30 AOC-44 UT2 STA Log sill piping Moderate Complete (New) ~25+61 AOC-45 UT2 STA Log sill piping Moderate Complete (New) ~29+20 AOC-46 UT2 STA Log sill piping Moderate Complete (New) ~30+00 AOC-47 UT3 STA Eroding right stream Moderate Maintenance (New) ~101+60 bank Scheduled MY5 AOC-48 UT3 STA Large gravel deposit Moderate Complete (New) ~115+50 - shifting stream to the ~116+00 right AOC-49 UT2 STA Erosion occurring in Mild Maintenance (New) ~15+40 rock swale on right Scheduled MY5 bank AOC-50 UT2 STA Erosion occurring on Moderate Maintenance (New) ~18+50 right bank Scheduled MY5 AOC-51 UT1 STA 13+80 Stream cutting around Mild Maintenance (New) rock structure Scheduled MY5 AOC-52 UT3 STA Failed boulder step Moderate Maintenance (New) 124+35 causing impediment to Scheduled MY5 aquatic life AOC-53 UT2 STA Eroding right Moderate Complete (New) ~10+75 streambank AOC-54 UT2 STA Mid channel bar Moderate Complete (New) ~14+00 forming. Eroding right streambank. AOC-55 UT2 STA Bare right slope above Moderate Complete (New) ~30+25 stream Harmon Dairy Stream Mitigation Project page 16 of 17 Monitoring Year 4 Report February 6, 2024 9.0 References ClearWater Environmental Consultants Inc. and Wildlands Engineering Inc. (2017) Harmon Dairy Stream Mitigation Project Mitigation Plan ClearWater Environmental Consultants Inc. (2020) Harmon Dairy Mitigation Project As- Built Report. Harrelson, Cheryl C; C. L Rawlins; J.P. Potyondy. 1994. Stream channel reference sites: an illustrated guide to field technique. Gen. Tech. Rep. RM-245. Fort Collins, CO: U.S. Department of Agriculture, Forest Service, Rocky Mountain Forest and Range Experiment Station. 61 p. Rosgen, David L. 1994. A classification of natural rivers, CATENA,Volume 22, Issue 3.Pages 169-199 U.S. Army Corps of Engineers 2016. Wilmington District Stream and Wetland Compensatory Mitigation Update October 24, 2016 Harmon Dairy Stream Mitigation Project page 17 of 17 Monitoring Year 4 Report February 6, 2024 Attachment A: Recorded Conservation Easement Attachment E: Visual Assessment Photographs ЉЏΉЋАΉЋЉЋЌ ЉЏΉЋАΉЋЉЋЌ Photo 1. View of broken fence located at the Photo 2. View of broken fence located at the westernmost area of the property. westernmost area of the property. ЉЏΉЋАΉЋЉЋЌ ЉЏΉЋАΉЋЉЋЌ Photo 3. View of broken fence located east of Photo 4. View of beaver dam between Photo MY3 broken fence. Point 28 and Photo Point 29. ЉЏΉЋАΉЋЉЋЌ ЉЏΉЋАΉЋЉЋЌ Photo 5. View of beaver dam from Photo Photo 6. View of beaver activity from Photo Point 29. Point 29. Harmon Dairy Stream Mitigation Project page 1 of 2 MY4 Areas of Concern Photographic Documentation Photo 7. Increased beaver activity in August Photo 8. Increased beaver activity west of 2023. UT1. Photo 9. View of beaver activity near dam. Photo 10. View of beaver dam facing east. Harmon Dairy Stream Mitigation Project page 2 of 2 MY4 Areas of Concern Photographic Documentation Attachment F: Areas of Concern OC-1 A OC-41 A OC-40 A OC-39 A OC-49 A OC-51 A OC-6 A OC-50 A OC-47 A djustCE- ABoundaryinPlattoexcludegravelford OC-52 A Attachment G: Letters of Communication