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HomeMy WebLinkAbout20151144 Ver 1_Preservation Report_20150427PRESERVATION PROJECT AND BASELINE DOCUMENTATION REPORT Muddy Creek LWP – UT to Goose Creek (Coats) McDowell County, North Carolina EEP Project Identification Number 93876 Catawba River Basin - Cataloging Unit 03050101 Prepared for: NCDENR Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 Prepared by: Equinox Environmental Consultation and Design, Inc. 37 Haywood Street, Suite 100 Asheville, NC 28801 September 30, 2013 UT to Goose Creek (Coats) Closeout Report i EEP Project No. 93876 September 30, 2013 EXECUTIVE SUMMARY The UT to Goose Creek preservation project on the Coats property is located within the 111 mi2 Muddy Creek watershed in south-central McDowell County, North Carolina. It is within the larger context of the entire Muddy Creek watershed that preservation of the stream and riparian resources on the Allen site are important. Over the last 15 years, the Muddy Creek Restoration Partnership has led an effort to improve water quality, aquatic habitat, and riparian conditions with the watershed. Over $18 million has been invested to restore, enhance and preserve 27 miles of stream. While most of this effort has focused on restoration and enhancement of streams, preservation of pristine streams has always been seen as an important component of this work. Preservation of high quality riparian areas and stable stream channels not only protects the ecological functions of existing natural resources, but by preventing their degradation the ecological function of restored downstream reaches, as well as the monetary investment that has gone into restoring those reaches, is also protected. The investment in stream restoration, enhancement, and preservation within the Muddy Creek watershed has led not only to improved ecological function within the watershed, but it has also benefitted the Catawba River, of which Muddy Creek is a significant tributary. Reducing pollutants originating from the Muddy Creek watershed, particularly sediment and nutrients, has not only been beneficial to maintaining the trout fishery within that reach of the Catawba River, but any improvements in water quality will reduce the City of Morganton’s drinking water treatment costs. Preservation on the Coats site includes headwater portions of three unnamed tributaries (UT) that drain to North Muddy Creek. The 31.06 acres of the property that has been placed into permanent conservation easements contains 5,452 feet of perennial stream and 926 feet of intermittent stream. The stream channels are stable and the riparian areas have high ecological function. These areas show little evidence of land disturbance in the recent past. Conservation values of the Coats site are significant. It potentially contains a rare liverwort species, a rare moss species, and two rare vascular plants, as well as two high quality natural areas. In addition, the site is located less than a mile from a 610 acre protected wilderness and within 10 miles of numerous Significant Natural Heritage Areas (SNHAs). The EEP also has purchased numerous other mitigation sites within the Muddy Creek watershed that include over 15,000 feet of stream preservation. Based on the justifications described above and following existing preservation mitigation guidelines, the North Carolina Ecosystem Enhancement Program purchased the mitigation assets of the Coats property. This preservation report has been written in conformance with the requirements of the following: Federal rule for compensatory mitigation project sites as described in the Federal Register Title 33 Navigation and Navigable Waters Volume 3 Chapter 2 Section § 332.8 paragraphs (c)(2) through (c)(14) and 332.3(h); and NCDENR Ecosystem Enhancement Program In-Lieu Fee Instrument signed and dated July 28, 2010. UT to Goose Creek (Coats) Closeout Report ii EEP Project No. 93876 September 30, 2013 Site Description Project Characteristic Characteristic Description or Value Project Name and EEP Project Number UT to Goose Creek (Coats), EEP Proj. # 93876 County McDowell County General Location 744 Huntsville Road, Glenwood Township Basin Catawba River Physiographic Region Piedmont Province USGS Hydro Unit 10 digit HUC - 0305010106 NCDWQ Sub-basin No longer in use. Watershed Planning Information Muddy Creek Watershed Preservation Mechanism Conservation Easement and Right of Access Conservation Values Potential State RTE species occurrences; high quality natural community type of those found on nearby SNHAs; closeness to multiple SNHAs; protect on-site and downstream assets from development Option Recordation Date July 20, 2010 Conservation Easement Recordation Date May 5, 2011 Mitigation Assets Warmwater -Stream Riparian Wetland Non-riparian Wetland Linear feet or acres 6,378 Restoration Equivalent Credits (assume 5:1) 1,276 Totals 1,276 UT to Goose Creek (Coats) Closeout Report iii EEP Project No. 93876 September 30, 2013 Table of Contents Page EXECUTIVE SUMMARY ..................................................................................................... i 1 PRESERVATION PROJECT GOALS AND OBJECTIVES ................................................ 1 2 SITE DESCRIPTION ............................................................................................................. 2 2.1 General Description.......................................................................................................... 2 2.2 Directions ......................................................................................................................... 2 3 SITE SELECTION ................................................................................................................. 3 3.1 Conservation Values ........................................................................................................ 3 3.2 Threats of Adverse Modification ..................................................................................... 4 4 BASELINE INFORMATION ................................................................................................ 5 4.1 Physical Features .............................................................................................................. 5 4.2 Plant and Wildlife Communities ...................................................................................... 5 4.3 Jurisdictional Wetlands and Streams.............................................................................. 10 5 SITE PROTECTION INSTRUMENT ................................................................................. 10 5.1 Site Protection Instrument Summary ............................................................................. 10 5.2 Recordation Date ............................................................................................................ 11 5.3 Encumbrances ................................................................................................................ 11 6 DETERMINATION OF MITIGATION CREDITS ............................................................. 11 7 LONG-TERM MANAGEMENT PLAN .............................................................................. 12 8 FINANCIAL ASSURANCES .............................................................................................. 13 9 OTHER INFORMATION .................................................................................................... 13 9.1 References ...................................................................................................................... 13 9.2 Site Protection Instrument Figure .................................................................................. 14 9.3 Vicinity Map .................................................................................................................. 15 9.4 Watershed Map .............................................................................................................. 16 9.5 Site Map ......................................................................................................................... 17 9.6 Site Photographs ............................................................................................................. 18 9.7 Appendix A. Site Protection Instrument ........................................................................ 19 9.8 Appendix B. Stream and Wetland Forms....................................................................... 28 UT to Goose Creek (Coats) Closeout Report 1 EEP Project No. 93876 September 30, 2013 1 PRESERVATION PROJECT GOALS AND OBJECTIVES The UT to Goose Creek (Coats) Project is located in the Muddy Creek Local Watershed planning area (Muddy Creek Watershed Restoration Plan [MCRP 2003]). The Muddy Creek watershed includes Hydrologic Unit Codes (HUC) 03050101040020, 03050101040010, and a portion of 03050101030060, which were identified as Targeted Local Watersheds (TLW) in EEP’s 2009 Upper Catawba River Basin Restoration Priority (RBRP) Plans (NCEEP 2009a) and is identified in the Muddy Creek LWP Project Atlas (NCEEP 2009b). The Muddy Creek Restoration Partnership (MCRP) developed a non-EEP watershed assessment of the 111 sq. mile Muddy Creek (MCRP 2003) watershed in December 2003. The assessment included land use analysis, water quality monitoring, and stakeholder input to identify problems with water quality, habitat, and hydrology. The Muddy Creek watershed was characterized as being composed of primarily forest and agricultural land and has a history of severe bank erosion, aquatic habitat degradation, high fecal coliform levels, and degraded biological communities. Most of the degradation in the watershed has been caused by poor agricultural practices, particularly livestock access to creeks and commercial land use activities. However, 21 tracts of land were identified as having functioning riparian zones and intact stream channels worthy of preservation. The Coats tract was one of those areas. In 2008, EEP included the Muddy Creek watershed as a LWP priority area and, based in the information in that report, produced a LWP Project Atlas (NCEEP 2009b) in March 2008. The Muddy Creek assessment identified the following as major stressors within the watershed: Streambank erosion Lack of an adequate forested buffer Stream channelization Impervious cover Upland erosion Livestock access to streams Urban toxicants Nutrients Fecal coliform bacteria The Muddy Creek Feasability and Restoration Plan (MCRP 2003) set forth the following objectives: Improve water quality in the Muddy Creek watershed to the degree that is promotes a trophy tailrace trout fishery in the Catawba River below Lake James Achieve a State of North Carolina fully supporting [use] designation for all water courses in the watershed. The UT to Goose Creek (Coats) site was identified in the LWP Project Atlas as a stream preservation opportunity to prevent future impacts to downstream restoration sites from sedimentation caused by land development within the Muddy Creek watershed. UT to Goose Creek (Coats) Closeout Report 2 EEP Project No. 93876 September 30, 2013 According to the 2010 North Carolina Division of Water Quality Catawba River Basinwide Water Quality Plan (NCDWQ 2010) all streams within the Muddy Creek watershed, with the exception of Corpening Creek (Youngs Fork), were achieving their designated uses. 2 SITE DESCRIPTION 2.1 General Description The 31.06 acre Conservation Easement described in this report encompasses a portion of an Unnamed Tributary of Goose Creek. It is on a 266± acre tract of land owned by Donald Fred Coats and wife, Elizabeth P. Coats as described in McDowell County Deed Book 675 on Page 734 and identified in the McDowell County Tax Office as PIN – 1619-80-1305. The center point of the tract is located at the following latitude/longitude coordinate - 35.61, -81.959. The easement area being preserved encompasses three areas, 3.94 acres (Reach 1), 15.98 acres (Reach 2), and 11.14 acres (Reach 3) in size. These areas are known to have been forested since the 1990s. Uses of land adjacent to the conservation easement include agriculture and pasture to the west; otherwise the remainder of the tract surrounding the easement is forested. There are no expectations that surrounding property uses will change in the foreseeable future. The conservation easement area contains high quality stream channels and forested riparian areas and was purchased to preserve those areas in perpetuity. A Baseline Documentation Report is incorporated into this document as a requirement of the closeout process. The property can be accessed from Huntsville Drive 2.2 Directions The UT to Goose Creek (Coats) project site is located approximately 5.7 miles southeast of Marion, directly to the east of the small community of Glenwood. From Raleigh, take I-40 West through Greensboro, Winston-Salem, Statesville, and Hickory to Exit 86 (Marion/Shelby). At the end of the exit ramp, turn left onto NC 226 South towards Shelby. Follow NC 226 South for 1.1 miles. Turn right onto Old Glenwood Road (SR 1794) and travel 2.7 miles to Glenwood Drive (SR 1766). Turn left onto Glenwood Drive and after crossing the railroad tracks immediately turn right onto Huntsville Drive (SR 1790). Travel for approximately 0.7 mile on Huntsville Drive and the Coats project site will be on the left. See maps in Sections 9.3, 9.4, and 9.5 UT to Goose Creek (Coats) Closeout Report 3 EEP Project No. 93876 September 30, 2013 3 SITE SELECTION The UT to Goose Creek (Coats) site was selected to meet mitigation needs as required by the U.S. Army Corps of Engineers (USACE) for unavoidable impacts to streams and wetlands associated with highway construction and development. It was chosen because the site contains an ecologically important and undisturbed stream channel as described in the USACE Stream Mitigation Guidelines document (USACE 2003). It is also located within an undisturbed headwater catchment of the Muddy Creek watershed. Such catchments were identified as high priority for protection in the Muddy Creek Feasibility Report (MCRP 2003). Headwaters protections were recognized as being necessary to protect the benefits of downstream restoration projects. Development of headwater catchments could nullify the ecological improvements of the downstream restored areas. The conservation easement at the Coats site consists of a buffer averaging more than 100 feet wide on both sides of the stream channel except in Reach 3 where a small portion of the buffer on one side is less than 30 feet in width. The buffer generally includes the entire floodplain and contains a high quality riparian natural area composed of native vegetation. As such, it meets the NCEEP’s original Preservation Guidance Criteria (2004). 3.1 Conservation Values The North Carolina Natural Heritage Program (NCNHP) collects and stores data on rare, threatened or endangered (RTE) plant and animal species as well as rare natural community types. Many of these are identified on sites known as Significant Natural Heritage Areas (SNHAs). The datasets contain records of RTE species observations, known as Element Occurrences (EO), recorded by NCNHP field biologists. These EOs would provide added conservation value if present on the easement. The following is a list of EOs known to occur within a 3-mile radius of the Coats property as of July 2013. It also includes a list of important natural communities present on the property. Table 1: Potentially-Occurring Rare Species and Natural Communities Taxonomic Group Scientific Name Common Name Element Occurrence Status Accuracy State Status1 Federal Status2 State Rank Global Rank Liverwort Aneura sharpii A Liverwort Current 3 - Medium SR-T S1 G1G2 Moss Oxyrrhynchium pringlei Pringle's Water Feather Moss Current 3 - Medium SR-D S1 G2G3 Vascular Plant Monotropsis odorata Sweet Pinesap Current 3 - Medium SC-V FSC S3 G3 Vascular Plant Thermopsis mollis Appalachian Golden-banner Current 3 - Medium SC-V S2 G3G4 Natural Community Chestnut Oak Forest (Dry Heath Subtype) Current 3 - Medium S5 G5 Natural Community Montane Oak-- Hickory Forest (Acidic Subtype) Current 3 - Medium S4S5 G4G5 1State status definitions: SR – Significantly Rare, D = Disjunct, T = Throughout; SC – Special Concern, V = Vulnerable 2Federal status definitions: FSC – Federal Species of Concern While there is no designated critical habitat or dedicated nature preserve near the Coats property, it is less than one mile from the 610 acre Bobs Creek Pocket Wilderness, a regionally Significant Natural Heritage Area according to the N.C. Natural Heritage Program (NCNHP 2005). There UT to Goose Creek (Coats) Closeout Report 4 EEP Project No. 93876 September 30, 2013 are numerous other SNHAs within 10 miles of the Coats property; EEP also has two other managed preservation sites within 1.5 miles of the Coats site (Figure 2). The Allen preservation site encompasses 5,950 feet of stream within 34 acres of land in a conservation easement, whereas the Haney site encompasses 18 acres of land in a conservation easement, with an as yet undetermined amount of stream channel. Within the Muddy Creek watershed EEP has numerous other mitigation sites composed of various amounts of restoration, enhancement, and preservation. All of these sites have permanent conservation easements; over 15,000 feet of high quality stream with ecologically functioning riparian areas are preserved at these sites. Goose Creek, North Muddy Creek, and the unnamed tributaries flowing from the Coats property have a DWQ water quality classification of C. This classification is designed to protect the best uses of the stream. Uses protected under the C classification include fishing, wildlife, fish consumption, aquatic life, including propagation, survival and maintenance of biological integrity, agriculture, and secondary recreation. Secondary recreation includes wading, boating, and other uses involving human body contact with water where such activities take place in an infrequent, unorganized or incidental manner. According to NCDWQ, benthos in North Muddy Creek was rated good/fair in 2002 and 2007, whereas the fish community was rated as excellent in 2007 and 2012 (NCDWQ 2013). Conservation of this tract will preserve the quality of water within the catchment and within the Muddy Creek watershed as a whole. While all catchments within the Muddy Creek watershed, except the Corpening Creek subwatershed are meeting their intended uses, preservation of this area will prevent the area from being developed. This, combined with other restoration projects within the Muddy Creek watershed will result in reduced volumes of sediment reaching the Catawba River. Reduced sediment levels will improve water quality conditions for the tailrace trout fishery that has evolved in the Catawba River downstream of its confluence with Muddy Creek. In addition, reduced sediment levels will lead to reduced costs of treating water for Morganton’s residents. 3.2 Threats of Adverse Modification Approximately 80% of the Coats Property contains a mature, second growth mixed hardwood forest that has been undisturbed for an extended period of time. The most significant threat to the property is the likelihood of development into a residential community or clearing to support agricultural activities. The property is close to Interstate 40, is adjacent to the Glenwood community with an elementary school, and is within easy driving distance of the Marion and Rutherfordton/Spindale/Forest City urban areas. These characteristics make the property highly desirable for other uses. Without the protection of a conservation easement, the remaining unprotected property could be sold for residential development or other land disturbing activity. Reaches 2 and 3 are surrounded by significant additional forested areas. Portions of the northern boundary of Reach 1 is in pasture, while a grain bin, two storage buildings, a barn, a shed, and a garage are adjacent to the western boundary. These structures were constructed sometime between 1998 and 2005. Older structures present in this area include a kennel, a garage, and a mobile home space. UT to Goose Creek (Coats) Closeout Report 5 EEP Project No. 93876 September 30, 2013 4 BASELINE INFORMATION 4.1 Physical Features In general, the Coats property consists of steep upland topography with very narrow ravines, long swaths of exposed bedrock along streams, and an increasing amount of exposed bedrock at higher elevations. Some areas along the stream are nearly impassable due to the narrow profile of the drainage combined with slick, exposed rock, and the presence of groundwater seepage that is evident in riparian zones throughout most of the Property. Ridges and drainages are sharply defined. There are relic logging roads and also a network of 4x4 trails on the land to the east that intersects the easement at certain points. Water from the project streams drains to Goose Creek, a tributary of North Muddy Creek. 4.2 Plant and Wildlife Communities Natural Communities The Coats Property consists mainly of very high-quality, minimally-disturbed second growth forest communities in Reaches 2 and 3, the two easternmost easement areas. Reach 1, the westernmost easement area is bordered to the north by a grassy field and farm road; the forest community has been modified due to past logging. Riparian communities are high-quality and intact, and there are extensive areas of bedrock cascades and waterfalls along streams throughout the Property. There also are several small low elevation seeps present within Reach 1. Several transitional upland communities exist on the Coats Property (Schafale and Weakly 1990). Both Acidic Cove and Rich Cove forests are abundant on the easement; the former is prevalent in narrow ravines in riparian zones along Reach 1, while the latter occurs at lower elevations in coves surrounding streams. Also important are Mixed Mesic Forests, which occur in coves at lower elevations. Mesic Oak-Hickory forests, which occur along the slopes and ridges at higher elevations, extend into, but make up a smaller component of the easements. Small areas of circumneutral or basic soil at upper elevations in the northernmost portion of Reach 2 support Basic Mesic Forests, a somewhat uncommon community type in the low mountains. There are also small portions of good-quality Pine-Oak/Heath present at the highest elevations on the Property. In general, the age and size of canopy trees within upland communities indicate that logging has not occurred within the past 75 years. A brief description of each of the observed natural communities on the site is listed below: Chestnut Oak Forest (S5/G5) Topographic Setting: This community occurs over shallow, rocky, and acidic soils primarily on more exposed slopes and ridgetops at moderate elevations in the Southern Blue Ridge and upper Piedmont physiographic regions. Soils: Rocky, acidic, upland soils. Series include Ashe, Chestnut, Edneyville, and Chandler (all Typic Dystrochrepts). Vegetation Composition: Chestnut Oak forests are still in transition following the loss of the American chestnut. In many areas, chestnuts have been replaced by early UT to Goose Creek (Coats) Closeout Report 6 EEP Project No. 93876 September 30, 2013 successional understory trees, including black locust (Robinia pseudoacacia), yellow poplar (Liriodendron tulipifera), red maple (Acer rubrum var. rubrum), and several pine species (Pinus sp.). While chestnut oak often co-dominates with northern red oak (Quercus rubra var. rubra) in this community type, characteristic canopy species on the Property also include black oak (Quercus velutina), white oak (Quercus alba), sourwood (Oxydendrum arboreum), Frasier magnolia (Magnolia fraseri), sassafras (Sassafras albidium), and white pine (Pinus strobus). Acidic Cove Forest (S5/G5) Topographic Setting: This community type typically occurs on narrow, sheltered sites, steep ravines, and low ridges with cool aspects at low to moderate elevations. Acidic Cove Forests occur in linear patches along stream bottoms and in steep draws and ravines on the Property. Soils: Rocky, acidic. Series include Tusquitee (Humic Hapludult) and Ashe (Typic Dystrochrept). Vegetation Composition: The canopy of Acidic Cove Forests is relatively closed, consisting of acid tolerant mesophytic trees, primarily yellow poplar, sweet birch (Betula lenta), red oak , American beech (Fagus grandifolia), and occasionally Canada hemlock (Tsuga canadensis). Sourwood is a common component as are saplings from mesophytic canopy trees. The shrub layer includes heath shrubs such as rhododendron (Rhododendron sp.) and mountain laurel (Kalmia latifolia) along the creek bottoms and lower slopes. The herb layer includes species such as the downy rattlesnake orchid (Goodyera pubscens), galax (Galax urceolata), trailing arbutus (Epigaea repens), yellow-root (Xanthorhizza simplicissima), and water leaf (Hydrophyllum virginianum). Montane Oak-Hickory Forest - (S5/G5) Topographic Setting: In general, montane oak-hickory forests occupy intermediate positions along major environmental gradients such as soil moisture, soil fertility, and elevation. They occur along the highest elevations on the conservation easement area. Soils: Soils are mostly acidic and are derived from igneous and sedimentary parent material. Probably generally Ultisols or Dystrochrepts. Series include Porters (Umbric Dystrochrept), Ashe (Typic Dystrochrept), Chandler, and Watauga (Typic Hapludults). Vegetation Composition: The overstory is diverse, and includes white oak, chestnut oak, Northern red oak, sweet birch, magnolias (Magnolia acuminata and M. fraseri), sourwood, hickories (Carya spp.), red maple, tulip-poplar, and white pine. The understory contains a substantial component of heaths, mainly great laurel, but also UT to Goose Creek (Coats) Closeout Report 7 EEP Project No. 93876 September 30, 2013 contain many non-ericaceous species such as witch-hazel (Hamamelis virginiana), buffalo-nut (Pyrularia pubera), and hazelnuts (Corylus spp.). The herbaceous component is relatively diverse, but often patchy and composed of both acid-loving and rich species, including New York fern (Thelypteris noveboracensis), galax, Indian cucumber-root (Medeola virginiana), squawroot (Conopholis americana), halberd-leaved yellow violet (Viola hastata), white clintonia (Clintonia umbellata), and devil's-bit (Chamaelirium luteum). Rich Cove Forest (S5, G5) Topographic Setting: This community type is typically found on sheltered, mesic, low to moderate elevation sites on broad coves and lower slopes. Soils: Rich, generally circumneutral. May be quite rocky but generally deep. Series mapped include Ashe (Typic Dystrochrept), Porters (Umbric Dystrochrept), and Tusquitee (Humic Hapludult). Vegetation Composition: The forest canopy is dense with a mixture of mesophytic hardwood species such as tulip poplar, American basswood (Tilia americana var. heterophylla), sweet birch (Betula lenta), blackgum (Nyssa sylvatica), and Canada hemlock. The understory consists of flowering dogwood (Cornus florida), pawpaw (Asimina triloba) and Eastern red maple (Acer rubrum). Typical herbs include, but are not limited to marginal wood fern (Dryopteris marginalis), yellowroot (Xanthorhiza simplicissima), northern maidenhair fern (Adiantum pedatum), Indian cucumber-root, foamflower (Tiarella cordifolia), and can contain American ginseng (Panax quinquefolius). Acidic Cove Forests, which may occur in similar sites, are dominated by the more acid tolerant subset of the rich cove species, and have undergrowth dominated by heath shrubs rather than herbs. Like Acidic Cove Forests, Rich Cove Forests grade upward into Chestnut Oak and Oak-Hickory Forests. Pine-Oak/Heath Forest (S4/G5) Topographic Setting: This community type occurs in open canopy woodlands of sharp ridges and dry slopes. Soils: Generally thin and rocky, extremely acidic soils. Most are probably Porters (Umbric Dystrochrept) or Cleveland (Lithic Dystrochrept). Pine-Oak/Heath forests are fire-dependent and are among driest and most exposed communities to lightning. Vegetation Composition: The relatively closed canopy consists of Pitch Pine (Pinus rigida), Sourwood, Chestnut Oak, Sassafras (Sassafras albidium), and Eastern Red Maple. Because this system is fire-dependent, several pines require fire for reproduction and regeneration. It is distinguished from Chestnut Oak Forest by having less than 50% of the canopy consisting of hardwoods; this particular community is mature, with pines and oaks reaching heights of approximately 70 feet and diameters of up to 30 inches. The shrub layer is relatively dense, dominated by UT to Goose Creek (Coats) Closeout Report 8 EEP Project No. 93876 September 30, 2013 Ericaceous (heath) species, including mountain laurel (Kalmia latifolia), rosebay rhododendron (Rhododendron maximum), lowbush blueberry (Vaccinium angustifolium), and herbs like trailing arbutus and galax in the ground layer. Also, there are multiple large boulders scattered throughout the community. Low Elevation Seep (S3/G4) Topographic Setting: Seepages and springs at bases of slopes or edges of floodplains. Soils: Saturated, usually mucky, soils. Occurrences are too small to be distinguished in soil surveys. Vegetation Composition: These areas are very small, and are partially shaded by canopies of American beech in the adjacent Rich Cove community. Wetland trees such as Eastern Red Maple and American ash are rooted at the margins of the seeps. Shrubs include Northern Spicebush, Eastern sweetshrub (Calycanthus floridus), Northern Wild Raisin (Viburnum cassinoides), and Southern Wild Raisin (V. nudum ). A variety of wetland herbs occur, including Lizard's-tail (Saururus cernuus), Orange Jewelweed (Impatiens capensis), Cinnamon Fern (Osmundastrum cinnamomeum), Royal Fern (Osmunda regalis), False-nettle (Boehmeria cylindrica), Hooked Buttercup (Ranunculus recurvatus), White Turtlehead (Chelone glabra), Sedges (Carex spp.), rush (Juncus sp.), and Virginia Bugleweed (Lycopus virginicus). Mixed Mesic Hardwood Forest (Piedmont Subtype) (S5/G5) Topographic Setting: Forests in this group occupy mesic uplands, ravines, lower slopes, and well-drained "flatwoods". Soils: Deep, well-drained, somewhat acidic soils. Series include Cecil, Georgeville, Pacolet, Tatum, Wedowee (Typic Hapludults), Tallapoosa (Ochreptic Hapludult), and Louisburg (Ruptic-Ultic Dystrochrept).. Vegetation Composition: The most typical overstories contain mixtures of American beech, various oaks (white being most dominant), tulip-poplar, and hickories (Carya spp.), but a wide variety of hardwood associates occur. American hornbeam, pawpaw, Northern spicebush, Eastern sweetshrub, flowering dogwood, American strawberry- bush (Euonymus americanus) and American holly (Ilex opaca) are prominent understory plants. These communities lack the lush herbaceous layers of Basic Mesic Forests, although species such as Christmas fern, New York fern, and white wood aster (Eurybia divaricata) may form moderately dense populations. Along with Christmas fern, cankerweed (Prenanthes serpentaria), downy rattlesnake-plantain (Goodyera pubescens), Virginia heartleaf (Hexastylis virginica), and partridge-berry (Mitchella repens) are frequent evergreen herbs. UT to Goose Creek (Coats) Closeout Report 9 EEP Project No. 93876 September 30, 2013 Basic Mesic Forest (Piedmont Subtype) Topographic Setting: Lower slopes, north-facing slopes, ravines, and occasionally well-drained small stream bottoms, with basic or circumneutral soils. Soils: Deep, well-drained soils with circumneutral or higher pH. Series include Tatum (Typic Hapludult),Wilkes (Typic Hapludalf), and Louisburg (Ruptic-Ultic Hapludalf). Vegetation Composition: Canopy dominated by mesophytic trees, primarily tulip poplar, American beech, Southern sugar maple, white oak and Northern red oak. Trees typical of better drained bottomland sites, such as black walnut (Juglans nigra), and sugarberry (Celtis laevigata), may be present. Understory includes Eastern redbud (Cercis canadensis), flowering dogwood, ironwood (Carpinus caroliniana), paw-paw, and slippery elm (Ulmus rubra). Shrubs may include viburnums (Viburnum spp.), Northern spicebush (Lindera benzoin), bigleaf snowbell (Styrax grandifolia), wild hydrangea (Hydrangea arborescens), hearts-a-bursting (Eunoymous atropurpurea), eastern sweetshrub, and painted buckeye (Aesculus sylvatica). The herb layer is generally dense and very diverse, with species such as Christmas fern, wild ginger (Asarum canadense), doll’s eyes (Actaea pachypoda), moonseed (Menispermum canadense), liverleaf (Hepatica americana), bloodroot, black cohosh, yellow lady’s slipper (Cypripedium pubescens [calceolus]), American ginseng (Panax quinquefolius), maidenhair fern, mayapple (Podophyllum peltatum), foamflower (Tiarella cordifolia var. cordifolia), Viola spp., eastern green violet (Hybanthus concolor), Dutchman’s breeches (Dicentra cucullaria), dwarf larkspur (Delphinium tricorne), sweet Betsy (Trillium cuneatum), veiny pea (Lathyrus venosus), and yellow fumewort (Corydalis flavula). Potentially-Occurring Rare Species A liverwort, a moss, and two vascular plant species considered rare, threatened, endangered, or of special concern (RTE) may occur on the Coats site. In addition, two important natural community types are known occur within a three-mile radius of the Coats Property (Table 1). This information was used during the natural resource field analysis to assist in confirming the presence or absence of those RTE species on the property. None of the listed species were observed during the time of the field visit, but fluctuations in phenology and seasonal presence are restrictive, and the species may still be present on the Property despite a lack of direct observation. Additionally, several of the listed species are non-vascular plants which can be extremely difficult to identify and often times require the confirmation of a scientific authority. It is recommended that an experienced bryologist perform a search to identify any RTE non - vascular plants on site. Invasive Exotic Plant Species There are several invasive exotic plant species that occur on the Coats Property. The most prevalent is tree of heaven (Ailanthus altissima). It occurs in several medium-sized patches no greater than 1,000 ft2 within canopy disruptions on the northernmost portion Reach 2; stems are of varying maturity, and past seed production is evident. There is also an infestation of kudzu UT to Goose Creek (Coats) Closeout Report 10 EEP Project No. 93876 September 30, 2013 (Pueraria montana var. lobata) and Japanese honeysuckle (Lonicera japonica) occurring on the northern edge of the Reach 1, the westernmost easement area and where the boundary abuts a cleared field. This infestation most likely started via seed dispersal from other infestations along the field’s edge. Several small stems of kudzu were observed in the woods due south of the infestation, so the potential for future infestation apparent. Additionally, there are several occurrences of multiflora rose (Rosa multiflora) in the understory adjacent to the kudzu infestation. The threat of adverse modification of the natural forest structure by invasive exotic plants is a concern at this site. Although EEP has contracted out to control infestations of multiflora rose, kudzu, honeysuckle and tree of heaven, plans to control Japanese honeysuckle do not exist at this time. Controlling these plants will ensure the health and survival of the natural communities on the Coats Property. 4.3 Jurisdictional Wetlands and Streams A total of 6,378 feet of stream were delineated on the Coats property. Of that, 926 feet were identified as being intermittent, whereas 5,452 feet were determined to be perennial. No riparian wetlands were documented within the easement areas. Streams on the Coats property have no special water quality classification. All are considered Class C streams and are considered to contain warmwater fish and aquatic invertebrate communities. Buffer widths on all stream channels along Reaches 2 and 3 average more than 100 feet. Buffer width along 200 feet of one side of stream in Reach 1 is less than 30 feet. Where buffers are less than 100 feet, it is due to the presence of a farm road or where the stream channel crosses the easement boundary at less than a 90 degree angle. 5 SITE PROTECTION INSTRUMENT 5.1 Site Protection Instrument Summary The land required for stewardship of this mitigation project includes portions of the following parcel. A copy of the land protection instrument is included in Appendix A. Parcel Number Landowner PIN County Site Protection Instrument Deed Book and Page Number Date Option Signed Date Deed Signed Acreage protected 1 Coats, Donald F. & Elizabeth P. 1619- 80- 1305 McDowell Conservation Easement Book: CRP 1045 Pages: 620-630 July 20, 2010 May 5, 2011 Area A: 17.30 Area B: 4.09 Area C: 11.14 Total: 32.53 UT to Goose Creek (Coats) Closeout Report 11 EEP Project No. 93876 September 30, 2013 All site protection instruments require 60-day advance notification to the Corps and the State prior to any action to void, amend, or modify the document. No such action shall take place unless approved by the State. 5.2 Recordation Date The Conservation Easement Option Agreement signed on July 20, 2010 and was recorded with the McDowell County, North Carolina Register of Deeds Office on August 30, 2010 in Deed Book CRP 1027 Pages 500-507. The Conservation Easement and Right of Access document was signed and recorded at the McDowell County, North Carolina Register of Deeds Office on May 5, 2011 in Book CRP 1045 Pages 620-630. 5.3 Encumbrances As stated in the Section VI of the Site Protection Instrument, the Conservation Easement is free from encumbrances. It does not contain any roads, trails, or public utilit y rights-of-way, including electric, sewer, greenway or other trails that would compromise the integrity of the intended purposes of the easement. 6 DETERMINATION OF MITIGATION CREDITS Project mitigation assets were assessed through GIS analysis, including aerial photography, followed by field reconnaissance with Global Positioning Systems to validate perennial and intermittent stream lengths and/or jurisdictional wetland acreages. Because the option to purchase the conservation easement at the Coats site was acquired prior to July 28, 2010, all credits are released. The project service area will be in compliance with the EEP In-Lieu Fee Instrument UT to Goose Creek (Coats), McDowell County, Catawba River Basin, Cataloging Unit 03050101 EEP Project Number 93876 Mitigation Credits* Warm Stream Riparian Wetland Non-riparian Wetland Buffer Nitrogen Nutrient Offset Phosphorous Nutrient Offset Type R RE R RE R RE Totals NA 1,276 NA NA NA NA NA *Compensatory mitigation credits are calculated by dividing the stream footage or wetland acreage by 5 unless otherwise indicated in the notes below. UT to Goose Creek (Coats) Closeout Report 12 EEP Project No. 93876 September 30, 2013 Component Summation Preservation Components Warm Stream (linear feet) Riparian Wetland (acres) Non-riparian Wetland (acres) Buffer (square feet) Upland (acres) Riverine Non- Riverine Stream Reach 1 1,327 Stream Reach 2 2,692 Stream Reach 3 2,359 Notes Standard credit determination: GPS stream centerline and divide by 5. Delineate hydric soils for wetland credits. Do not cut out fingers or hummocks from credits. Include stream thermal regime. Jurisdictional Stream Characteristics Stream Component Type Perennial/Intermittent Drainage Area (acres) NCDWQ Form Scores1 Perennial/Intermittent Length (linear Feet) Perennial/Intermittent Reach 1 Perennial & Intermittent 19 30+/19.4+ 943/384 Reach 2 Perennial 77 +/na 2,692/0 Reach 3 Perennial & Intermittent 96 36.3/23.5 1,817/542 Total 5,452/926 1NCDWQ Form scores (NCDWQ 2010b) are taken from the field sheets in Appendix B; where more than one score was calculated for a reach, the scores were averaged. The average score does not include those locations where the perennial stream determination was made using only NCDWQ Criterion 3 (presence of obligate macroinvertebrates); a + sign in the table indicates that such a determination was made within a reach. No jurisdictional wetlands are present on the Coats mitigation site. Jurisdictional Wetland Characteristics Wetland Component Type (Riparian, non- Riparian, etc.) Description (Floodplain depression, seepage slope, etc.) Acreage Total 7 LONG-TERM MANAGEMENT PLAN Upon approval for close-out by the Interagency Review Team (IRT), the site will be transferred to the NCDENR Division of Natural Resource Planning and Conservation Stewardship Program. This party shall be responsible for periodic inspection of the site to ensure that restrictions required in the conservation easement or the deed restriction document(s) are upheld. The NCDENR Division of Natural Resource Planning and Conservation’s Stewardship Program currently houses EEP stewardship endowments within the non-reverting, interest-bearing Conservation Lands Stewardship Endowment Account. The use of funds from the Endowment Account is governed by North Carolina General Statute GS 113A-232(d)(3). Interest gained by the endowment fund may be used only for the purpose of stewardship, monitoring, stewardship UT to Goose Creek (Coats) Closeout Report 13 EEP Project No. 93876 September 30, 2013 administration, and land transaction costs, if applicable. The NCDENR Stewardship Program intends to manage the account as a non-wasting endowment. Only interest generated from the endowment funds will be used to steward the compensatory mitigation sites. Interest funds not used for those purposes will be re-invested in the Endowment Account to offset losses due to inflation. 8 FINANCIAL ASSURANCES Pursuant to Section IV H and Appendix III of the Ecosystem Enhancement Program's In-Lieu Fee Instrument dated July 28, 2010, the North Carolina Department of Environment and Natural Resources has provided the U.S. Army Corps of Engineers Wilmington District with a formal commitment to fund projects to satisfy mitigation requirements assumed by EEP. This commitment provides financial assurance for all mitigation projects implemented by the program. 9 OTHER INFORMATION 9.1 References MCRP (Muddy Creek Restoration Partners). 2003. Feasibility Report and Restoration Plan for The Muddy Creek Watershed. Report prepared by Equinox Environmental Consultation & Design, Inc. for the Muddy Creek Restoration Partners. NCDWQ (North Carolina Division of Water Quality). 2010. Catawba River Basinwide Water Quality Plan. Raleigh. NCDWQ (North Carolina Division of Water Quality). 2013. Biological Assessment Unit – Benthos and Fisheries Data. http://portal.ncdenr.org/web/wq; access July 11, 2013. NCEEP (North Carolina Ecosystem Enhancement Program). 2004. Preservation Guidance Criteria, Updated March 9, 2004. NCEEP (North Carolina Ecosystem Enhancement Program). 2009a. Upper Catawba River Basin Restoration Priorities 2009. Raleigh. NCEEP (North Carolina Ecosystem Enhancement Program). 2009b. Technical Memorandum: Evaluation and Update of Mitigation Opportunities 2008 Muddy Creek Mitigation Search. Report prepared by Equinox Environmental Consultation & Design, Inc. for NCEEP. Raleigh. Schafale, M.P. and Weakley, A. S. (1990), Classification of the Natural Communities of North Carolina, Third Approximation, NC Natural Heritage Program, Raleigh, NC USACE (U.S. Army Corps of Engineers). 2003. Stream Mitigation Guidelines. US Army Corps of Engineers Wilmington District UT to Goose Creek (Coats) Closeout Report 14 EEP Project No. 93876 September 30, 2013 9.2 Site Protection Instrument Figure UT to Goose Creek (Coats) Closeout Report 15 EEP Project No. 93876 September 30, 2013 9.3 Vicinity Map UT to Goose Creek (Coats) Closeout Report 16 EEP Project No. 93876 September 30, 2013 9.4 Watershed Map UT to Goose Creek (Coats) Closeout Report 17 EEP Project No. 93876 September 30, 2013 9.5 Site Map UT to Goose Creek (Coats) Closeout Report 18 EEP Project No. 93876 September 30, 2013 9.6 Site Photographs Typical conditions within Pine-Oak /Heath community type, occurring at the uppermost elevations of Reach 3; July 11, 2013. Typical sharp, narrow intermittent drainages along upper portions of Reach 3; also indicative of typical conditions within Acidic Cove Forests throughout the easement areas: July 11, 2013. View of rock cascades that are prevalent within stream channels along Reaches 2 and 3; July 11, 2013. View of Low Elevation Seep community type occurring along Reach 1; July 11, 2013. Typical conditions within Mixed Mesic Forest communities throughout the easement areas; July 11, 2013. View looking from cleared field edge into Reach 1 easement area; July 11, 2013. UT to Goose Creek (Coats) Closeout Report 19 EEP Project No. 93876 September 30, 2013 9.7 Appendix A. Site Protection Instrument Parcel 1. Coats Property Recorded Conservation Easement and Right of Access UT to Goose Creek (Coats) Closeout Report 20 EEP Project No. 93876 September 30, 2013 UT to Goose Creek (Coats) Closeout Report 21 EEP Project No. 93876 September 30, 2013 UT to Goose Creek (Coats) Closeout Report 22 EEP Project No. 93876 September 30, 2013 UT to Goose Creek (Coats) Closeout Report 23 EEP Project No. 93876 September 30, 2013 UT to Goose Creek (Coats) Closeout Report 24 EEP Project No. 93876 September 30, 2013 UT to Goose Creek (Coats) Closeout Report 25 EEP Project No. 93876 September 30, 2013 UT to Goose Creek (Coats) Closeout Report 26 EEP Project No. 93876 September 30, 2013 UT to Goose Creek (Coats) Closeout Report 27 EEP Project No. 93876 September 30, 2013 UT to Goose Creek (Coats) Closeout Report 28 EEP Project No. 93876 September 30, 2013 9.8 Appendix B. Stream and Wetland Forms The following table summarizes the stream reach determination field form scores for the Coats Preservation site. Project reach corresponds to those reaches shown in Figure 4 in Section 9.5. Stream sub-reaches are field designations only. Mean reach scores shown in the Jurisdictional Stream Characteristics table in Section 6 were calculated by averaging only those locations at which a numerical score was determined. The average score does not include those locations where the determination was made using NCDWQ Criterion 3 (presence of obligate macroinvertebrates). Project Reach Stream Sub-Reach Determination Perennial/Intermittent NCDWQ Reach Score NCDWQ Criterion 3 (Obligate Macroinvertebrates) 1 01 Intermittent 19.5 NA 1 02 Intermittent 16.5 NA 1 03 Intermittent 21.5 NA 1 04 Perennial 30 NA 1 05 Intermittent 20 NA 1 131 Perennial X 2 131 Perennial X 3 06 Perennial 41 NA 3 07 Intermittent 28 NA 3 08a Perennial 32 NA 3 08b Intermittent 24.5 NA 3 09 Intermittent 21 NA 3 10 Intermittent 23 NA 3 11 Perennial 36 NA 3 12 Intermittent 21 NA 1Determination at stream sub-reach 13 was applied to both project Reach 1 and 2. UT to Goose Creek (Coats) Closeout Report 29 EEP Project No. 93876 September 30, 2013 Intermittent and Perennial Stream Determination Form – Reach 1 UT to Goose Creek (Coats) Closeout Report 30 EEP Project No. 93876 September 30, 2013 Intermittent and Perennial Stream Determination Form – Reach 2 UT to Goose Creek (Coats) Closeout Report 31 EEP Project No. 93876 September 30, 2013 Intermittent and Perennial Stream Determination Form – Reach 3 UT to Goose Creek (Coats) Closeout Report 32 EEP Project No. 93876 September 30, 2013 Intermittent and Perennial Stream Determination Form – Reach 4 UT to Goose Creek (Coats) Closeout Report 33 EEP Project No. 93876 September 30, 2013 Intermittent and Perennial Stream Determination Form – Reach 5 UT to Goose Creek (Coats) Closeout Report 34 EEP Project No. 93876 September 30, 2013 Intermittent and Perennial Stream Determination Form – Reach 6 UT to Goose Creek (Coats) Closeout Report 35 EEP Project No. 93876 September 30, 2013 Intermittent and Perennial Stream Determination Form – Reach 7 UT to Goose Creek (Coats) Closeout Report 36 EEP Project No. 93876 September 30, 2013 Intermittent and Perennial Stream Determination Form – Reach 8a UT to Goose Creek (Coats) Closeout Report 37 EEP Project No. 93876 September 30, 2013 Intermittent and Perennial Stream Determination Form – Reach 8b UT to Goose Creek (Coats) Closeout Report 38 EEP Project No. 93876 September 30, 2013 Intermittent and Perennial Stream Determination Form – Reach 9 UT to Goose Creek (Coats) Closeout Report 39 EEP Project No. 93876 September 30, 2013 Intermittent and Perennial Stream Determination Form – Reach 10 UT to Goose Creek (Coats) Closeout Report 40 EEP Project No. 93876 September 30, 2013 Intermittent and Perennial Stream Determination Form – Reach 11 UT to Goose Creek (Coats) Closeout Report 41 EEP Project No. 93876 September 30, 2013 Intermittent and Perennial Stream Determination Form – Reach 12 UT to Goose Creek (Coats) Closeout Report 42 EEP Project No. 93876 September 30, 2013 Intermittent and Perennial Stream Determination Form – Reach 13 Mitigation Project Name UT to Goose Creek (Coats) EEP IMS ID 93876 River Basin CATAWBA Cataloging Unit 03050101 Applied Credit Ratios:1:1 1.5:1 2.5:1 5:1 1:1 3:1 2:1 5:1 1:1 3:1 2:1 5:1 1:1 3:1 2:1 5:1 St r e a m Re s t o r a t i o n St r e a m En h a n c m e n t I St r e a m En h a n c e m e n t I I St r e a m Pr e s e r v a t i o n Ri p a r i a n Re s t o r a t i o n Ri p a r i a n Cr e a t i o n Ri p a r i a n En h a n c e m e n t Ri p a r i a n Pr e s e r v a t i o n No n r i p a r i a n Re s t o r a t i o n No n r i p a r i a n Cr e a t i o n No n r i p a r i a n En h a n c e m e n t No n r i p a r i a n Pr e s e r v a t i o n Co a s t a l M a r s h Re s t o r a t i o n Co a s t a l M a r s h Cr e a t i o n Co a s t a l M a r s h En h a n c e m e n t Co a s t a l M a r s h Pr e s e r v a t i o n Beginning Balance (feet and acres)6,378.00 Beginning Balance (mitigation credits)1,275.60 NCDOT Pre-EEP Debits (feet and acres):Not Applicable EEP Debits (feet and acres): DWQ Permit No USACE Action IDs Impact Project Name 2011-01151 NCDOT TIP B-4061 - Replace Bridge 90 on SR 1727, Catawba Co 1,490.00 2011-01197 SR 1486 Improvements - Division 12 375.00 2011-0844 2006-32042 NCDOT TIP U-2211B - SR 1001 Improvements, Caldwell Co 4,513.00 Remaining Balance (feet and acres)0.00 Remaining Balance (mitigation credits)0.000 Information from EEP Debit Ledger dated 04/20/2015