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HomeMy WebLinkAbout20081317 Ver 1_More Info Received_20090513O$-i.3 tI APPLICATION ., FOR MAJOR DEVELOPMENT PERMIT' ;, - NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT HELL SWAMP RESTORATION SITE PANTEGO TOWNSHIP BEAUFORT COUNTY, NORTH CAROLINA 7 MAY 2009 Prepared for: PCS PHOSPHATE COMPANY, INC. Environmental Affairs Department Aurora, North Carolina Prepared by: CZR INCORPORATED Wilmington, North Carolina Jupiter, Florida and Michael Baker Engineering, Inc. Cary, North Carolina and Jonathan T. Ricketts, Inc. Palm Beach Gardens, Florida APPLICATION FOR MAJOR DEVELOPMENT PERMIT NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT HELL SWAMP RESTORATION SITE PANTEGO TOWNSHIP, BEAUFORT COUNTY, NORTH CAROLINA INDEX CAMA FIGURES Figure 1 -Vicinity Figure 2 - Site Plan EXHIBITS - 1, 2, 3a, and 3b ATTACHMENT A Description of Land Uses by Parcel Surrounding Project Area ATTACHMENT B NCSHPO Letter ATTACHMENT C C-1 - Baker Technical Memorandum C-2 - Site Plan Outfall Exhibit C-3 - Construction Plans, Jonathan T. Ricketts Engineering, Inc. C-4 - Construction Plans, Michael Baker Engineering, Inc. ATTACHMENT D Compensatory Mitigation Plan for the Hell Swamp Restoration Area Figures Supporting Document A Beaufort County Parcel Information Supporting Document B Selected Site Photographs including Historic Aerials Supporting Document C Agency Correspondence and Additional Information: 1 - Soil Fertility Report 2 - Natural Heritage Report on Reference Forest 3 - USDOI/USFWS Letter 4 - NC NHP Letter 5 - NC SHPO Letter 6 - NRCS PC status Letter 7 - Limits of CAMA Jurisdictional Supporting Document D Hell Swamp Site Existing Condition Stream Cross Sections Supporting Document E Hell Swamp Site Work Plans Supporting Document F Hell Swamp Hydrologic Model Analysis Summary ATTACHMENT E Consultant Authorization Form ATTACHMENT F u? Wetland Delineation Summary 17???? F>? OF?? ? r ?v rfy 9 !y z , ., r? T? • PCN FIGURES Figure 1 -Vicinity Figure 2 - Site Plan Figure 3 - Existing Conditions and Land Cover Classification Figure 4a - DWQ Riparian Buffers - Temporary Impacts Figure 4b - DWQ Riparian Buffers - Temporary Impacts Enlarged View Figure 5 - Acreages and Linear Footage Jurisdictional Wetlands, Waters, & Streams on Lower Scott Creek ATTACHMENT A Agent Authorization Form ATTACHMENT B Existing Conditions on the Site ATTACHMENT C Description of the Overall Project, including Equipment ATTACHMENT D Backer Technical Memorandum ATTACHMENT E Wetland Delineation Summary NOTE: See Attachment "F" of the CAMA ATTACHMENT F Additional Stream Impacts ATTACHMENT G 1. Letters to Beaufort County Floodplain Administrator 2. Letters to Beaufort County Floodplain Administrator 3. NCSHPO Letter C7 '' .°° N n ;i `11 } c;roc+'1 ein MEMORANDUM Natura! i X00 J . TO: Ms. Cyndi Karoly Env. Biological Supervisor Division of Water Quality Wetlands Unit FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 12 May 2009 SUBJECT: CAMA Application Review APPLICANT: PCS Phosphate Inc. PROJECT LOCATION: Adjacent NC 99 and SR 1714 on Scott Creek (Hell Swamp) near the Town of Belhaven in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to re-establish a forested wetland area on an existing agriculture site as part of compensatory mitigation for the PCS mine advance permit application through the US Army Corps of Engineers. Please indicate below your position or viewpoint on the proposed project and return this form by 2 June 2009. Please contact David W. Moye at 252-948-3851, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date • • • Dom MP-1 APPLICATION for 08 - ?3 ? I Malor Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) P C S Phosphate Company, Inc. Hell Swamp/Scott Creek Watershed Mitigation Site Applicant 1: First Name MI Last Name Jeffrey C. Furness Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 1530 INC Highway 306 South Aurora NC ZIP Country Phone No. FAX No. 27806 USA 252 - 322 - 8249 ext. 252 - 322 - 4444 Street Address (if different from above) City State ZIP N/A N/A N/A N/A- Email JFurness@pcsphosphate.com 2. Agent/Contractor Information Business Name CZR Incorporated Agent/ Contractor 1: First Name MI Last Name Samuel Cooper Agent/ Contractor 2: First Name MI Last Name James M Hudgens Mailing Address PO Box City State 4709 College Acres Drive, Suite 2 Wilmington INC ZIP Phone No. 1 Phone No. 2 28403 - 1725 910 - 392 - 9253 ext. 561 - 747 - 7455 ext. FAX No. Contractor # 910 -392 -9139 Street Address (if different from above) City State ZIP N/A N/A N/A N/A - Email scooper@czr-inc.com; jberger@czr-inc.com; jmhudgens@czr-inc.com; czrinc2@czr-inc.com <Form continues on back> I-, p Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 40 • is 3. Project Location County (can be multiple) Street Address State Rd. # Beaufort West side of SR 1714 (Seed Tick Neck Road), south of NC 1714 Highway 264, north of SR 99 Subdivision Name City State Zip N/A Pinetown NC 27865- Phone No. Lot No. (s) (if many, attach additional page with list) - - ext. N/A 07005048, 15023785, 15024568, 15024842, 15025549 a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Tar-Pamlico river basin, Pamlico Hydrologic Unit 03020104 Headwaters of Scott Creek and Smith Creek are both located within the site. c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ?Manmade ?Unknown Pungo River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ?Yes ®No work falls within. N/A 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 7,452 linear feet of shoreline (3,672 linear feet of stream 1,297 acres (Note: 34 acres of Windley Tract, reference claimed by DCM). forest, have been added to project boundary and other acreage along the northern boundary have been removed since the JD.) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, NWL (normal water level) (If many lot sizes, please attach additional page with a list) Ranges from 0.0 to 9.5 N.G.V.D. ?NHW or ®NWL e. Vegetation on tract Agricultural Fields: The majority of the project area (about 1,002 acres) consists of 1-year fallow agricultural rowcrop fields. Woodland Areas: The main body of Scott Creek on the site is bounded by a ±43 acre mature bottomland forest mostly on the south side. The canopy of this forest is comprised of bald cypress (Taxodium distichum), red maple (Acer rubrum), green ash (Fraxinus pennsylvanica), and sweet gum (Liquidambar styraciflua). About a quarter of the creek is forested on both sides and about a quarter is forested only on the south side. Subcanopy and groundcover species include swamp red bay (Persea palustris), wax myrtle (Morella cerifera), greenbriar (Smilax spp.), yellow jessamine (Gelsemium sempervirens), and rush (Juncus spp). Along a portion of the north side of the main body there is a sparse strip (±4 acres) of common reed (Phragmites australis), wax myrtle, black willow (Salix nigra), green ash, and sweet gum. Along both sides of the northern prong of Scott Creek, there are about seven acres of highly disturbed common reed community, wax myrtle, and scattered young pines and hardwoods. Along the western boundary, there are approximately 34 acres of mature hardwoods. An additional 14-acre linear strip of mixed pine/hardwoods separate approximately the northern one third of the site from the balance. Cleared Area: This referenced northern third of the site includes 157 acres of recently cleared and ditched land, in various stages of agricultural conversion. This area is vegetated in dog fennel (Eupatorium capillifolium), panic grass species (Dichanthelium spp.), and red maple, loblolly pine (Pinus taeda), and sweet gum. Vegetated Nonforested Areas: Areas of unforested vegetation occur in several locations within the proposed project area. These include areas along some ditch banks, previous interior parcel boundaries, and the north prong of Scott Creek. i Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit • .7 f. Man-made features and uses now on tract Except for a small portion at the northern end of the property, the entire site was forested until Scott Creek was dredged and relocated in the 1960s and 1970s. In subsequent years an extensive system of ditches and canals was added making the site suitable for agriculture. The majority of the southern and eastern part of the site (approximately 965 acres) has been in active crop rotation since the 1970s. Farm access roads cross the site at various angles and culverts exist at the road crossing over Scott Creek. The northern portion of the site remained forested until the 1990s. This portion of the site was in the process of being cleared and drained when PCS brought it under contract. This northern portion includes 157 acres of recently cleared and ditched areas, in various stages of pre-agricultural conversion. This area is vegetated in dog fennel, panic grass species, and red maple, loblolly pine, and sweet gum. There remain some wooded areas associated with Scott Creek and Smith Creek. These areas have been logged, but not manipulated for agricultural production. All agricultural rowcrop areas of Hell Swamp have been determined to be prior converted by NRCS. (See Supporting Document B-6 in Attachment D.) There is a single grave with a headstone that will be relocated off site. g. Identify and describe the existing land uses adjacent to the proposed project site. Existing land uses adjacent to the proposed project site include a mixture of agricultural cleared land, forested land, and small residential areas. The location of these uses is further detailed in Attachment A. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? No zone (Attach zoning compliance certificate, if applicable) ?Yes ?No NNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes NNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes ?No NNA If yes, by whom? NCSHPO letter is attached at B. 1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes NNo ?NA National Register listed or eligible property? <Form continues on next page> is m. (i) Are there wetlands on the site? NYes ?No Not within impact (ii) Are there coastal wetlands on the site? NYes ?No area. (See Figur (iii) If yes to either (i) or (ii) above, has a delineation been conducted? NYes ?No Attachment F . ) (Attach documentation, if available) n. Describe existing wastewater treatment facilities. None. o. Describe existing drinking water supply source. None. p. Describe existing storm water management or treatment systems. There exists a system of agricultural farm field and perimeter ditches. An Erosion/Sediment Control Permit will be obtained. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ?Commercial ?Public/Government Wetland, stream and buffer mitigation for private use, then it NPrivate/Community is intended that the an be conveyed to a public or private management entity e.g., NCWRC, d 2, Lv?_ tiyricul? uon,e lc , .. r;° ?;r • r1 LJ Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit b. Give a brief description of purpose, use, and daily operations of the project when complete. The proposed Hell Swamp Scott Creek Watershed project will encompass the restoration or enhancement of approximately 20,083 linear feet of stream, including several headwater systems. Approximately 21 acres of Tar-Pamlico riparian buffer is proposed to be restored or enhanced, with the potential for an additional 21 acres if suitable stream segments form in this system. Approximately 813 acres of non-riparian forested wetlands will be restored. The balance of the on site wetlands will be preserved, and the remaining uplands will be planted in appropriate mixed hardwoods. The completed project is proposed as mitigation to offset impacts from the proposed PCS Phosphate Mine Continuation activities. Figure 2 shows the proposed yields. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Site streams have been channelized for most of the historic reaches. Restoration will entail excavating along the alignment to restore semblance of a natural stream and filling in a few places (see typical cross-sections in Baker Technical Memorandum, Attachment C-1). Root wads may be used to protect the meanders. The buffer areas and historic riparian areas now mostly in agriculture will be graded only to remove field crowns, and roughened to mimic the pre-developed condition and conserve water on site in a natural fashion. The balance of the fields, constituting the majority of the site, will be graded and roughened as described above to restore areas once in wetland hardwood flats. Upland inclusions will be treated similarly. All prepared areas will be planted as riparian wetland hardwoods, wetland hardwood flats, and upland areas in a mixture of hardwood species. Since most of the site is in agriculture fields, little clearing will be required. The small areas of pine and mixed pine hardwood will be cleared using standard forestry equipment to include, but not be limited to harvesters, skidders, and loaders, as well as bulldozers with specialized blades for stump cutting and removal. Most of the wetland restoration areas will be prepared with bulldozers, pans, and/or graders to remove the field crowns, and excavators to plug ditches and construct check dams. Stream restoration will employ principally excavators; dump trucks and other equipment as above may be used. Numbers of each type of equipment cannot reasonably be determined at this time. Equipment as necessary will remain on site until the work is complete. Overnight and weekend storage will be determined as the work progresses. d. List all development activities you propose. Development activities will be stream, wetland, and upland restoration only, and are described above and in the Compensatory Mitigation Plan for the Hell Swamp Restoration Site, Attachment D. e. Are the proposed activities maintenance of an existing project, new work, or both? New work f. What is the approximate total disturbed land area resulting from the proposed project? 1,259 ?Sq.Ft or NAcres g. Will the proposed project encroach on any public easement, public accessway or other area ?Yes ?No NNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Existing discharges: Runoff in the ag fields currently is collected in lateral ditches, flowing to collector ditches and into the main body of Scott Creek and into the Smith Creek drainage. See Attachment C-2. Proposed discharges: after removal of lateral and collector ditches, sheet flow will travel through vegetated wetlands into Scott Creek and the Smith Creek drainage. Some perimeter ditches will remain. See Attachments C24. i. Will wastewater or stormwater be discharged into a wetland? ?Yes ?No NNA The majority of the site will be restored sheet flow wetland and swamp/stream systems. If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No NNA j. Is there any mitigation proposed? ?Yes ?No NNA If yes, attach a mitigation proposal. This is a mitigation site. See Attachment D. <Form continues on back> E 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. See Compensatory Mitigation Plan for Hell Swamp Restoration Site, Attachment D. 5 =308.2 8 .. I"333 COAST . w?w'v, . t i a l e x n t.nat Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit • • b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. Site Plan, multiple sheets. No work has commenced. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Vicinity, Figure 1. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name NC Department of Transportation Phone No. (252) 830-3490 Address Highway Division Two, HQ Office, 105 Pactolus Highway (NC 33), Greenville, NC 27835 Name Phone No. Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NONEFOUND h. Signed consultant or agent authorization form, if plicable. Signet Consultant of Agent Authorization form is attached at E. i. Wetland delineation, if necessary. Wetland delineation is attached at F. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) N/A k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. further certify that the information provided in this application is truthful to the best of my knowledge. Date 3 April 2009 Print Name Jeffrey C. 74' ss ?r Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ?DCM MP-4 Structures Information • * The property is gated and locked. Please contact Applicant - Jeffrey Furness - (252)322-8249 - to arrange access. Form DCM MP-2 *EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock (excluding Breakwater shoreline NWL stabilization See Exhibit 1 Length & Attachment C-1 Width Avg. Existing Depth NA NA Final Project Depth NA NA 1. EXCAVATION ?This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. n top soil (fine sandy loam, and loam) c. (i) Does the area to be excavated include coastal wetlands/marsh d. High-ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), 280,000 cubic yards or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB OWL 87,600 s.f. []None (ii) Describe the purpose of the excavation in these areas: Relocation of interior ditch to perimeter. 2. DISPOSAL OF EXCAVATED MATERIAL ?This section not applicable a. Location of disposal area. b. Dimensions of disposal area. High ground excavation will be disposed in ditches adjacent 600+/- acres to each field and existing channelized portions of Scott Creek. c. (i) Do you claim title to disposal area? ®Yes ?No ?NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB OWL 736.200 s.f. []None 0 (ii) Describe the purpose of disposal in these areas: Disposal in these areas is for restoring the historic elevations of the former wetlands. d. (i) Will a disposal area be available for future maintenance? ?Yes ?No ONA (ii) If yes, where? f. (i) Does the disposal include any area in the water? ®Yes ?No ?NA (ii) If yes, how much water area is affected? 181,800 s.f. - Fill disposal is required to restore hydrologic functions of adjacent drained wetlands and historic patterns. The value shown above includes ACOE and NCDWQ jurisdictional waters. Filled areas are in the bottom of constructed field ditches claimed as jurisdictional and in portions of Scott Creek. 3. SHORELINE STABILIZATION (It development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: []Bulkhead ?Riprap []Breakwater/Sill []Other: _ c. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. ®This section not applicable b. Length: Width: d. Maximum distance waterward of NHW or NWL: f. (i) Has there been shoreline erosion during preceding 12 months? ?Yes ?No ?NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES NThis section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ?Yes ?No ?NA b. (i) Will fill material be olaced in coastal wetlands/march (C.'= If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?WL []None (ii) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? An Erosion and Sediment Control Plan will be developed using track dozers, pans, front-end loaders, excavators BMPs-rock check dams, silt fences, and double top to bottom silt curtain-baffles to block off entire channel of Scott Creek. This double curtain will be moved downstream with construction sequencing. c. (i) Will navigational aids be required as a result of the project? ?Yes NNo ?NA (ii) If yes, explain what type and how they will be implemented. 0 d. (i) Will wetlands be crossed in transporting equipment to project site? ?Yes ®No ?NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Date Hefl Swamp/Scott Creek Watershed Mitigation Site Project Name PCS Phosphate Company, Inc., Jeffrey C. Furness Ap tea t Name n s f A ^ "^r Applic n S1414 0 Form DCM MP-3 OUPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. 1 None c. Density (give the number of residential units and the units per acre). N/A e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land-disturbing activity begins- (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? • ?Yes ®No ?NA (ii) If yes, list the date submitted: d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 1259+/- acres (867 acre proposed wetland: riparian & non- riparian) f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Aggregate Base Coarse (ABC) will be used on the perimeter access roads. g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built-upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 0 i. Give the percentage of the entire tract to be covered by impervious and/or built-upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 0.46% j. Describe proposed method of sewage disposal. No sewage is generated. 1. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). The majority of the site will be restored to wetlands which will sheet flow to swamp/stream systems eventually discharging to Pungo Creek via Scott or Smith Creek. h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ?Yes ®No ?NA (ii) If yes, list the date submitted: k. Have the facilities described in Item (i) received state or local approval? ?Yes ?No NNA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ?Yes ®No ?NA If yes, attach appropriate documentation. • m. Describe proposed drinking water supply source (e.g., well, n. (i) Will water be impounded? ?Yes ®No ?NA community, public system, etc.) (ii) If yes, how many acres? None required. o. When was the lot(s) platted and recorded? NIA p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ?Yes ?No ®NA 4,1"q Date Hell Swamp Scott Creek Watershed Mitigation Site Project Name PCS Phosphate Company, Inc., Jeffrey C. Furness Appl'ca t Name NJV Appli n S a • 0 0 FIGURES Figure 1 -Vicinity Figure 2 - Site Plan • 0 ? 0 • • 4?r \ J ?ShT? w }., -......, Stol.sbwh Point T.k ' I s . a f ?e BROAD E, Fn surd . •, ,? RT. 264 SEED TICK NEt_rN: R0AP ? ?. .. S \ ?' RT. 9q V? ?? PUNCO % HELL,.SWAMP- ''? / Y c-' -'\ I ;CREEK ROAD •y SCOTT CREEK ! '"e J 1 ,drtevT. I? \ ?• T H ?' 5? ?' s?rq k f I N, , ti w W.e .. . Yr/ y l • yr It 0 5,000 10,000 NORTH CAROLINA SCALE IN FEET SITE LOCATION HELL SWAMP VICINITY MAP HELL SWAMP-SCOTT CREEK PCS PHOSPHATE COMPANY, INC. LEGEND -- - - -- HELL SWAMP PROJECT BOUNDARY SCALE: AS SHOWN APPROVED BY: DRAWN BY: BFG/TLJ DATE: 03/18/09 FILE: HELLSWAMP-LOC-CAMA SOURCE: C P # 174559.66 Z 4709 COLLEGE ACRES DRIVE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION. 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W '`a =-7 EXHIBIT 1 Attachment to Form DCM MP-2 for Hell Swamp (measurements are in feet) • C7 Access Other SHOWN ON EXHIBIT 3A Channel (excluding & 3B IDENTIFIER 18A - Farm Road to end of (NLW or Boat Boat Rock Rock shoreline filled channel NWL) Canal Basin Ramp Groin Breakwater stabilization) Length 3212 Width -20.5 Avg. Existing Depth NA NA -4 Final Project Depth NA NA -1 Access Other SHOWN ON EXHIBIT 3A Channel (excluding & 3B IDENTIFIER 18B - End of filled channel to (NLW or Boat Boat Rock Rock shoreline end of project NWL) Canal Basin Ramp Groin Breakwater stabilization) Length 460 Width -23 Avg. Existing Depth NA NA -4 Final Project Depth NA NA -4 Access Other SHOWN ON EXHIBIT 3A Channel (excludin & 3B IDENTIFIER 18C - g Upper portions of Scott (NLW or Boat Boat Rock Rock shoreline Creek (Non LAMA) NWL) Canal Basin Ramp Groin Breakwater stabilization) Length 1704 Width -9.5 Avg. Existing Depth NA NA -2 Final Project Depth NA NA -1 1 of 1 EXHIBIT 2 TO DCM MP-2 MP-3 0 E • Hell Swamp Acreage Totals Undisturbed Impacted Parcel Name PCN Number Source Acreage Acreage Acreage McMullan 7005048 Chiles survey 926.92 4.43 5. of 922.49 Creek Smith Tract 15023785 Chiles survey 276.13 0 268.4 Less Smith outparcel -7.73 Gaylord 15024842 Chiles survey 24.82 0 24.82 Woolard 15024568 Chiles survey 42.93 0 42.93 Windley(Winfred) 15025549 Chiles survey 3185 33.85 0 Total 1296.92 acres 38.28 1258.64 USE 1297 acres use 1259 acres Wetland Acreage from drawing dated 07 21 08 Corps 2004 Jurisdictional Identifier - Refer to Figures 3A and 313 for locations - J G Smith North boundary (1.5 acres removed for possible resale to Smith) West boundary II Tongue Total Corps 2007/2008 Jurisdictional Wetlands Identifier - Refer to Figures 3A and 3B for locations A South of Pungo Creek Road B West of farm road - north side of creek C West of farm road - south side of creek D Windley Tract E East of Farm road both sides of creek (less open water in stream 35.77 - 1.58) Total Soil Excavation/Reeradine that Imoacts Wetlands Identifier - Refer to Figures 3A and 3B for locations I West boundary Corps 2004 JD 1.74 acres Post construction acreage 0.69 acres ES 50 Foot excavation area adjacent to stream 0.96 Total Excavation/Regrading that Impacts Wetlands Soil Disposal/Reeradine that Impacts Wetlands Disposa l area that impacts wetlands shown above Acreage from Identifier - Refer to Figures 3A and 3B for locations Above A South of Pungo Creek Road 0.74 B West of farm road - north side of creek 0.31 C West of farm road - south side of creek 0.28 D Windley Tract 25.05 E East of Farm road both sides of creek (includes stream area) 35.77 less the following areas that are o/s of construction boundary and are not in the disposal area "Donut Hole" inside Baker work area less stream (5.54 -.39) -5.15 s. side of creek adjacent to NC 99 less stream area(15.65-0.13) -15.52 F Tongue Connection Total Area impacted by fill disposal into wetlands PAGE 1 OF 3 Acreage 0 1.74 29.38 31.12 Acreage 0.74 0.31 0.28 25.05 34.19 60.57 Acreage Impacted by Excavation 1.05 0.96 2.01 acres 87555.6 s.f. use 87,600 s.f. Acreage Impacted by Disposal 0 0.31 0.28 0 15.1 1.21 16.9 736,164 s.f. use 736,200 s.f. 5/7/2009 EXHIBIT 2 TO DCM I"i MP-3 Soil Disposal/Reerodine that Imoacts Water • DWO Stream and Waters Lineal Acreage Acreage Footage Impacted by Identifier - Refer to Figures 3A and 3B for locations Fill Disposal 1 2381.77 0,440 0.44 Total 2381.77 0.44 acres use 23821.f. COE and DWO Waters Lineal Acreage Acreage Footage Impacted by Identifier - Refer to Figures 3A and 313 for locations Fill Disposal 2 1746.96 0.160 0.160 3 1484.48 0.100 0.100 4 1121.72 0.310 0.310 5 1839.69 0.340 0.340 6 800.26 0.140 0.000 7 42481 0.060 0.000 7A filled where entrance road crosses 0.006 8 34.74 0.007 0.007 9 980.5 0.230 0.230 10 757.88 0.050 0.050 11 213.75 0.010 0.010 12 630.6 0.040 0.040 13 433.95 0.030 0.030 14 747.33 0,050 0.050 15 441.72 0.030 0.030 16 744.49 0.050 0.050 17 1059.91 0.070 0.070 21 192.73 0.030 0.030 22 1975.97 0.360 0.000 23 1257.61 0.070 0.000 24 filled where entrance road crosses 831.07 0.190 OA15 25 390.43 0.030 0.030 Total 18110 Lf.? 2.357 1.558 acres Use 18110 I.f.' 2.36 acres • The Original Jurisdictional document contained a jurisdictional length of 192.77 feet that has been discov ered to be double counted. Therefore, the value shown above is 193 less than the ACOE/DWQ waters of 18,303 linear feet. Scott Creek Area Identifier - Refer to Figures 3A and 3B for locations Acreage Area to Lineal Acreage Impacted by Sou-feet Width Footage Fill Disposal 18A FARM RD TO END 65846 20.5 OF PLG 3212 I.f. 1.51 1.512 18B 92+70 to end 10580 23 4601.f. 0.24 0.243 18C Uppr SCOtt Crk 16188 9.5 17041.f. 0.37 0.372 92614 Total 5376 2.13 2.126 acres USE 537 UI UT 4 Identifier - Refer to Figures 3A and 3B for locations 19 19 204.34 0.010 0.01 20 20 336.57 0.040 0.04 Total 540.91 I.f. 0.050 0.05 acres use 5411.f. GT of length of waters of Scott Cree k = 5376 I.f. + 541 I.f. = 5917 Lf. GT of length of waters = 2382 Lf. + 18110 I.f. + 5917 I.f. = 26409 Lf. 4.174 acres 181,825 s.f. Total fill disposal area in water use 181,800 s.f. 11 PAGE 2 OF 3 5/7/2009 EXHIBIT 2 TO DCM MP-2 MP-3 • • • CAMA SHORELINE CAMA Stream total length (18A-1881 LAMA Shoreline =2x Stream . 30 o/s @ end= Imoervious Area for Access Roads Access Road from Driveway #1 centerline distance = Access Road from Driveway #2 centerline distance = Access Road from Driveway #3 centerline distance = Access Road from Existing Drive centerline distance = Percentage of imperviousness 3672 linear feet 7452 linear feet total Centerline Distance Width Total Area of Road 2643 J. x 12 ft = 31716 91251.f.x 12 ft= 109500 6331 Lf. x 12 ft= 75972 2989 Lf. x 12 ft= 35868 21088 253056 5.809366 use 6 acres 6 acres/ 1297 acres PAGE 3 OF 3 5/7/2009 x 1D l0 , 9 of M N J w (? a v nlLn_ Z n w Z Z m L c y O O N Z w z w '¢ r 9 N O W W 3 O w r' w K g o a K ?aQ N N O U m n ; ?° U o ¢ ? w N U) 07 K w W J S ? 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N LO o LO r, 0 C14 (N MCI- 00 / If 1 JU ?v O O J U N° Z I J U ° UCLrQ NC] Z Z 0 NOS I.- o ° 5Q W o 5 a- U-) LN o ?JUO Y U r- N U w a W Y O O O / M LU U LL- 0? U J LL. J 0 00 r7 / I\ M JU U ` L? U JU Lf ° 7 JU O O O U t? d / 0 (D (D LO 00° OHO X 4 O ?° JU ?w JO O ?O NO c0 / U .. r ° no 0 ? O O PI) C14 0 00 0 C%4 n 00 rn Q N cu 114? 00 m O OO r \ u C%4 04 0 • _ ,. -j 0 ?0 (00) • U O oo U J U \ • r? ° '`) O • / r O 00 0 U M O • / 2 = 00O ?-o 00 U- rl) O N • O 0 • \ (D N? 00 C2 • / J U O V2 o rn ?? x O V) N x ? w ° O N F - Z Z O ? U Z LLJ z 5 Z z O w U ?..L C • ATTACHMENTA Description of Land Uses by Parcel Surrounding Project Area 0 Adjacent Property Land Use Description There are two land uses described by Beaufort County. Those are cleared land and un-cleared land. The land uses on the parcels surrounding the project area are described below by project parcel, beginning with the southwest corner of the project site and continuing clockwise around the boundary. The parcel identified as PIN 07005048 contains the southwest corner. The property line angles to the northwest. The land use overlay map identifies the land use along this boundary to be un-cleared; however, there are three abutting residential parcels that are partially cleared. The boundary then continues in a more northerly direction. The land use overlay map identifies the land use along this boundary to be un-cleared; however, the southern approximate half of that boundary is adjacent to land that appears to be agricultural rangeland. The boundary of parcel 15023785 continues project boundary in a slight northeast direction, then angles several times to create the northern boundary, followed by several changes in alignments as it continues midway along the northeastern boarder. The land use depicted on the county overlay along the entire boundary of this parcel is un-cleared. The northeastern portion of the boundary of this parcel also appears to have several residential lots that are partially cleared. The boundary of parcel number 15024568 continues the project boundary in a southeastern direction. Land use of this parcel and those adjacent is depicted as approximately one half cleared and one half un-cleared. The corner of parcel 15024658 meets the northeastern corner of parcel 07005048. Parcel 07005048 continues to the southeast before angling to the southwest. The land use for the first portion is un-cleared. The land use for the second portion is cleared. The project boundary continues southwest, and then northwest with parcel 15024842. The land adjacent to the southwest portion is cleared. As the parcel angles west, the adjacent land use is un-cleared. Parcel 15024658 continues the boundary to the south, then angles to the northwest, southwest, and southeast. The adjacent land use is cleared. The boundary then continues southwest, with an un-cleared land use classification. The final two angles of this boundary are to the southeast and then southwest. The land adjacent to the first portion is classified as un-cleared and the remaining is cleared. n lJ • 0 ATTACHMENT B NCSHPO Letter • • doww- 131 North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Sandbeck, Administrator • Michael F. Easley, Governor Office of Archives and History Lisbeth C. Evans, Secretary Division of Historical Resources Jeffrey J. Crow, Deputy Secretary David Brook, Director November 1, 2007 Julia Kirkland Berger CZR Incorporated 2151 Alternate A1A South Suite 2000 Jupiter, FL 33477-3902 Re: Mitigation Site, Hell Swamp Wetland Restoration, West of Belhaven, Beaufort County, ER 07-2167, Dear Ms. Berger: Thank you for your letter of October 2, 2007, concerning the above project. We have conducted a review of the proposed undertaking and are aware of no historic resources that would be affected by the project. Therefore, we have no comment on the undertaking as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Peter Sandbeck T Cc E U L 14 f CZR Incor-oorE:ed Wilmington, NC 0 • ATTACHMENT C C-1 - Baker Technical Memorandum C-2 - Site Plan Outfall Exhibit C-3 - Construction Plans, Jonathan T. Ricketts Engineering, Inc. C-4 - Construction Plans, Michael Baker Engineering, Inc. 0 11 • ATTACHMENT C-1 Baker Technical Memorandum • 0 Technical Memorandum Project: Hell Swamp Restoration Site Prepared By: Baker Engineering Subject: Narrative Regarding Construction Prepared For: PCS Phosphate Techniques for Scott Creek Channel Date: March 11, 2009 The purpose of this document is to provide additional information regarding the construction techniques to be used in the restoration of the Hell Swamp site; specifically, the approach to filling and restoring the Scott Creek canal. The overall intent of the restoration plan for the entire site is to restore the drainage features as closely as possible to their condition prior to drainage and channelization for agriculture. Therefore, all drainage ditches and canals within the restoration area, including the Scott Creek canal, will be completely filled and the surrounding topography restored to pre-disturbance elevations. A longitudinal profile for the entire Scott Creek system is included in Figure 1, and provides a comparison between the existing depth and elevation of the canal versus the proposed restoration design. The example cross-sections that follow in this text are referenced in terms of the longitudinal profile stationing shown in Figure 1. At the upstream extent of the Scott Creek restoration, the design has been developed to restore the functions of a small, braided headwater stream and wetland system. This will be accomplished by filling the existing ditches and grading the valley bottoms such that flows will be diffuse, spreading across the restored wetland floodplain (Figure 2). This approach will be used from longitudinal station 10+00 through 43+00, as indicated on the design plan sheets for the site. Beginning at station 43+00 and continuing through station 55+70, the restoration design for Scott Creek will involve the construction of a single-thread, meandering sand bed channel. This design approach is based on analysis of erosive forces and sediment transport, as more thoroughly described in the Mitigation Plan document for the site. Starting at station 43+00, the channel excavation will begin at a shallow depth (0.2 - 0.3 feet) and gradually increase to a maximum depth of 1.0 - 1.5 feet for the middle portions of the reach (Figure 3). Likewise, at the downstream end of the reach, the restored channel depths will gradually decrease until reaching station 55+70 where the restored channel will lose definition and will flow back into a braided, meandering stream system across the restored floodplain. A slope of approximately 30:1 will be used at both ends of the single-thread section to gradually connect the braided stream sections with the meandering, single-thread channel. • Page 1 of 6 • • • co - - - ? O U'S m ice' ? C7 1 68 \ ?, O •? c 'N 0 E Y -Y O uS t rBb cam t W U I t o o I- V o Cl) ' r °o c - - - - - - - - - - - - - - - - - - - 04 4= ? ----- -- N U C O ~ -- m ? O / 1 a - - - - -- - - - - - - - - - - - - ---------- - -- --- L N l O ID e{ N O N 7 t0 r' (4) u01;ena13 3 V I~ y C? i+ i¦ V C? ?n W H O i.i C!1 +? U a? xo I ? nC V1 is it r.+ W +O' ?r w 3 ? o tr. ? O ,Q r+ " "C O ? y w ? Page 2 of 6 r? ICJ Cross-section 34+00 Headwaters Section 6 - - - - 5 ,-- -- -- 4 ----- . c - 0 3 d W ' 2- - 1 - - - - - - - Existing Ground Proposed Design 0 - - - --- - -- -- - 0 20 40 60 80 100 120 140 160 180 200 Station (ft) Figure 2. Example cross-section from the headwaters section (10+00 through 43+00) of Scott Creek (looking downstream). • 3.5 3 2.5 2 c 1.5 0 Y > 1 m W 0.5- 0 -0.5 -1 0 20 40 60 80 100 120 140 160 180 200 Station (ft) Figure 3. Example cross-section from the single-thread section (43+00 through 55+70) of Scott Creek (looking downstream). 0 Page 3 of 6 Cross-section 49+50 Single Thread Section of Scott Creek • From station 55+70 through station 62+00, the restoration approach will be similar to that used for the headwaters section. The existing Scott Creek canal will be completely filled and the valley bottom graded to approximate pre-disturbance contours and elevations (Figure 4). This design approach was chosen due to the very low slope of the valley along this section that is more typical of braided stream and wetland systems. Along this reach, the low point of the restored valley will be located near the existing location of the Scott Creek canal. The restored valley bottom will be approximately 2.5 to 3.0 feet higher than the existing canal bottom, and will allow flows to transition to braided floodplain flow prior to entering the wooded historic floodplain downstream (adjacent to the area of CAMA jurisdiction). Cross-section 56+50 Braided Section of Scott Creek, Upstream of CAMA Jurisdiction • • c 0 A m W 3 2.5 - 2 , 1.5 ' 1- , 0.5 - 0 -0.5 -1 -2 0 20 40 60 80 100 120 .... Existing Ground Proposed Design 140 160 180 200 Station (ft) Figure 4. Example cross-section from the braided section (55+70 through 62+00) of Scott Creek, directly upstream of CAMA jurisdiction (looking downstream). Beginning at approximate station 62+00 and continuing to station 88+00, the natural fall of the valley lies to the south of the existing Scott Creek canal. As shown clearly in historic aerial photographs, the Scott Creek canal along this reach was excavated sometime between 1964 and 1970. The canal was excavated along the northern edge of the stream/wetland system and not along the topographic low point of the valley, most likely due to extremely wet conditions in the center of the system. As a result, much of the historic floodplain to the south of the canal is too wet for agricultural uses and has been left wooded. Beginning at station 64+80, an access lane through the trees follows along the northern side of the existing Scott Creek channel. The lane has been used over the years to keep the canal clear of blockages. This lane will be used during restoration to fill this section of the Scott Creek to pre- disturbance contours. Spoil piles that were created during excavation of the canal will be deposited back Page 4 of 6 • into the canal as fill material. Once filled, water flow along the restored Scott Creek will follow the topographic low point of the valley through the wooded area to the south (Figure 5). The flow will follow a braided pattern through the floodplain as the system would have functioned prior to disturbance. Cross-section 63+50 Restored Floodplain Connection Near Upper Limits of CAMA Jurisdiction 2 1 0 ? -1 0 M > -2 d W -3 -4 • E Station (ft) Figure 5. Example cross-section from the historic floodplain section (62+00 through 88+00) of Scott Creek, where flow will be directed onto the relic floodplain of Scott Creek along its historic flow path (looking downstream). Beginning at approximate station 92+30, the restored Scott Creek system must transition back to the channelized canal at the downstream limit of the project. In this area, water surface elevations are under tidal influence and due to ground elevations near 0.0, the area is most often under backwater effect. Beginning at station 92+30, fill of the canal will be tapered down at a 10:1 slope until reaching the existing bottom elevation of the canal (Figure 6). This fill slope will be completely submerged under normal water conditions; therefore excessive scour or erosion of the fill material is not expected. Page 5 of 6 -5 0 50 100 150 200 250 L J 2 1 Profile Through Channel Fill at End of Scott Creek Restoration FLOW Floating Silt Curtains (temporary) / Average Water Level I? 0, c -1 10 -2 Fill Material W -3 - -4 Proposed Designs - - - -Existing Canal -5 9210 9220 9230 9240 9250 9260 9270 9280 9290 9300 9310 Station (ft) Figure 6. Profile through channel fill at the end of the Scott Creek restoration reach. • Tributary Connections Six smaller tributaries will flow into the restored Scott Creek system along its length (Figure 1). The restoration approaches for these tributaries will be comparable to the design approach described for the headwater sections of Scott Creek (station 10+00 to 43+00). The design approach will restore the functions of small, braided headwater stream and wetland systems. This will be accomplished by filling the existing ditches and grading the valley bottoms such that flows will be diffuse, spreading across the restored wetland floodplain. The downstream grades of the tributary valleys will match those of the restored Scott Creek floodplain, such that tributary flows enter the system without causing scour or erosion. • Page 6 of 6 • C] ATTACHMENT C-2 Site Plan Outfall Exhibit 0 49192 'ON '3'd ON 1914-0 N0LLVZ91DNL1V 30 3LVOUIUI, ON CLIP :NDILVZIHDNLnV 30 3LVOU" ld OLLZ-09 (199) XY3 NOI nNISNOO LLL9-M (LLB) 3?IU T1D1 OOLO-M (199) 3NONd 2803 ION £or££ -Pl-U VI-PI-0 4-8 -Pd SNVld kUVNimn38d Z01 -11^S - V?B *WILA ?N O9K lV3s 'ONI 'SIL3)13R1 '1 NVHIVNOP ' 10 S1lVd1n0 dNVO SNIMOHS NVId 311S sla6DUDW uOllonj3suo3 puD sl99ul6u3 6u)}lnsuoo i VNn0W3 HLMON AiNnW 1MO.InM N3AVH139 d0 1S3M MOS M LS ,01F .9L 3afuaNOI drIVAS MH N ZZ ,1£ .9£ 30f1LLLV1 -3LVHdS(lW SOd W.4 31JS NOLLVMOIS3M ONVL3AR 03SOdOMd V p W V) = W m J W > LyJ p V ~ CL W Q C X F r O w p 6£16-26£/016 XVl 9unnn9Nw'nuanNOwaa £926-Z6£/DL6 131 031VtlOdXOONI TOM 'O'N 'N010NIA11M 7 Z " w_ = 000 W J X 0 w F-W > O Q WWj 31S NO 3931100 60Lf (? 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HV Q D O 0 Z ° w LL U CD Z Of ULL.I Z S L?i o QO O O (L 0 cn N C L 0 Z M 0 Y Z m J U J U- o F- m O ?- w Z W¢ ?W L? a- C) Z U C, f!l W M 0 /t-7-7,z [7 W J J I.L o ti " Lu LL.J LLJ C) - -- U ? U m w O O/3 C7 ? Z W _ ? c ? _. ._ C ,3 X LLI g o. 01 B 8 Q / W _Z W ? W L W F- C7 = Z U W O CC W W ? a will a 2' CD o z ? U X ~ W D I- aL' o a? t7) O NL Lu p W Z W re Cl. 0, C7~ Z = I U U ~ 1G 0 W 0 < 1 2 N E V gmM cU < Q 0 0- (D ?u1 U 0 Y O) U O CN c 010- Z 0 J ? J N Q ? LL U ) O all il: r? ATTACHMENT C-3 Construction Plans, Jonathan T. Ricketts Engineering, Inc. CO) a Z 3 ?a LL O z aaa? ? W z o Q h T CL a W ? o ? z 0 w ? ?a4 z ? x ? o z ? ? CL ? w a Ul) z 0 u 0 a V W N i z y1n J Z CN a ? IJ F a r z ZZ zi w OU FZ a (i z R Wv °_ ?1 eU F YoNygZI ?F: F v v ° F ? cub. F- F= H. OY >> Z &:2 - O a 4 75 a W C 0 N n 0 0 = OI'?.?i?.. 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Palm Beach Gardens, FL 0 April 2009 • TABLE OF CONTENTS Page EXECUTIVE SUMMARY ................................................................................................ 1 1.0 INTRODUCTION .................................................................................................. .. 1 2.0 LOCATION, HISTORY, AND PRE-RESTORATION DESCRIPTION .................... .. 1 2.1 Location ........................................................................................................... ..1 2.2 History ............................................................................................................. ..2 2.3 Pre-Restoration Description ............................................................................. .. 2 2.3.1 Soils ........................................................................................................ ..2 2.3.2 Pre-restoration Drainage and Section 404 Jurisdictional Status ............... .. 3 2.3.3 Woodland Areas ...................................................................................... .. 3 2.3.4 Vegetated Non-forested Areas ................................................................ .. 3 2.3.5 Cleared Areas .......................................................................................... .. 4 2.3.6 Agricultural Fields .................................................................................... .. 4 2.3.7 Protected Species ................................................................................... .. 4 2.3.8 Cultural Resources .................................................................................. .. 4 3.0 SITE SELECTION FACTORS AND JUSTIFICATION .......................................... .. 4 3.1 Logistics .......................................................................................................... .. 4 3.2 Cost and Technology ....................................................................................... .. 5 3.3 Justification ...................................................................................................... ..5 3.3.1 Jurisdictional Status of Woodland and Cleared Areas .............................. .. 5 4.0 SPECIFIC GOALS, TARGET FUNCTIONS, AND METHODS ............................. 4.1 Goals ............................................................................................................... .. 5 ..5 4.2 Target Functions .............................................................................................. .. 6 4.3. Methods ........................................................................................................... ..8 4.3.1 Agricultural Areas .................................................................................... .. 8 4.3.2 Woodland Areas ...................................................................................... .. 8 4.3.3 Vegetated Unforested Areas .................................................................... .. 8 4.3.4 Cleared Areas .......................................................................................... .. 9 5.0 WORK PLAN METHODOLOGY ........................................................................... .. 9 5.1 Hardwood Flats ................................................................................................ .. 9 5.1.1 Hydrologic Model ..................................................................................... .. 9 5.1.2 Water Budget .......................................................................................... 10 5.1.3 Proposed Restoration of Surface Contours .............................................. 11 5.2 Streams and Riparian Headwater Systems ...................................................... 11 5.2.1 Historic Aerials ......................................................................................... 11 5.2.2 Topographic Data .................................................................................... 12 5.2.3 Identified Project Reaches ....................................................................... 12 5.2.4 Coastal Plain Riparian Headwater Systems Reference Site Analyses..... 13 5.2.5 Design Approach and Techniques ........................................................... 19 6.0 PLANTING DESIGN ............................................................................................ 21 7.0 DATA COLLECTION FOR MONITORING AND SUCCESS CRITERIA ............... 22 7.1 Riparian Headwater Systems (Zero to First Order Stream Systems) ............... 22 7.2 Vegetation Monitoring Plots ............................................................................. 23 7.2.1 Volunteer Woody Vegetation Sampling .................................................... 24 7.2.2 Vegetation Ecological Performance Standards ........................................ 24 0 7.3 Hydrology Monitoring ....................................................................................... 25 PCS Compensatory Mitigation Plan i Hell Swamp/Scott Creek Watershed April 2009 7.3.1 Wetland Hydrological Ecological Performance Standard and Growing Season .................................................................................................... 26 7.4 Geomorphic Monitoring of Streams and Valleys .............................................. 26 7.4.1 Geomorphic Success Criteria .................................................................. 27 7.5 Reference Forest Wetland ............................................................................... 27 7.6 Reference Stream Reach and Reference Riparian Headwater System ........... 27 7.7 Areas Mapped as Upland on the Beaufort County Soil Survey ........................ 27 7.8 Summary of Ecological Performance Standards (Success Criteria .................. 28 8.0 ADAPTIVE MANAGEMENT STRATEGIES .......................................................... 30 8.1 Adaptive Management ..................................................................................... 30 8.2 Long Term Management .................................................................................. 31 9.0 FINAL DISPENSATION OF SITE ......................................................................... 32 REFERENCES ............................................................................................................. 33 Cover:View of eastern half of Hell Swamp; towards Pungo Creek with Pungo River in distance. LIST OF CHARTS Chart 1 Headwater reference reach data relating channel formation to drainage area and slope .............................................................................16 4) LIST OF TABLES Table 1 General functions of Coastal Plain headwater systems .........................18 Table 2 Summary of reach/segment characteristics, lengths, and design channel forms for project stream reaches ......................................................20 Table 3 Restored Wetland or Stream Functions and Measurement Methods ......................................................................................23 Table 4 List of appropriate colonizing woody species within the Hell Swamp mitigation site (in addition to any volunteers of planted species) ..............24 Table 5 Ecological Performance Standards (Success Criteria) and Methods Summary .................................................................................... 28 LIST OF FIGURES Figure 1 Hell Swamp Vicinity Map Figure 2 Site Map 1998 Infrared Aerial Figure 3 Site Map 2006 Aerial Figure 4a Soils Figure 4b Soils as Shown in the Beaufort County Soil Survey Figure 5 LIDAR Hell Swamp Figure 6 Jurisdictional Wetlands, Waters, and Streams on Hell Swamp Mitigation Figure 7 Site Site Plan with Phase 1 Limits of Disturbance and Access Roads Figure 8a Cross Section Map PCS Compensatory Mitigation Plan ii Hell Swamp/Scott Creek Watershed April 2009 • Figure 8b Cross Sections of Lower Scott Creek and UT4- Existing Conditions Figure 9 Stream Mitigation Plan Map Hell Swamp Site Figure 10 Stream Reference Site Map Hell Swamp Site Figure 11 Planting Plan Figure 12 Monitoring Well Location Map Figure 13 Hell Swamp and Scott Creek Watershed Wetland, Stream, and Riparian Buffer Mitigation Site SUPPORTING DOCUMENTS • 1?.I A Beaufort County Parcel Information B Selected Site Photographs Including Historic Aerials C Agency Correspondence: 1 - Soil Fertility Report 2 - Schafale Report on Wet Hardwood Forest Preservation Parcel and Potential Reference Forest 3 - NRCS Letter on PC Status 4 - USDOI/USFWS Letter 5 - NCNHP Letter 6 - NCSHPO Letter 7 - Limits of CAMA Jurisdiction D Hell Swamp Site Existing Condition Stream Cross Sections E Hell Swamp Site Work Plans and Baker Technical Memorandum F Hell Swamp Hydrologic Model Analysis Summary PCS Compensatory Mitigation Plan Hell Swamp/Scott Creek Watershed April 2009 i EXECUTIVE SUMMARY The Hell Swamp Scott Creek Watershed mitigation site will provide a broad range of wetland and stream mitigation opportunities. The five tracts that make up this property (1,297 acres) were purchased by PCS Phosphate Company Inc. in 2006, 2007, and 2008. Since the site encompasses almost the complete Scott Creek watershed and a portion of the watershed of Smith Creek, it should be resilient to external and upstream perturbations that can sometimes jeopardize mitigation projects. Most of the site consists of hydric mineral soils, with some notable examples of low- lying, albeit non-hydric soil areas. The site drains through channelized stream remnants and into the disturbed and channelized Scott Creek. Scott Creek, portions of which are tidal on the Hell Swamp site, empties into Pungo Creek, a Special Secondary Nursery Area. Approximately 19,783 linear feet (LF) of stream will be restored or enhanced, including the restoration of several riparian headwater systems. Approximately 21 acres of Tar-Pamlico riparian buffer will be restored or enhanced, with additional potential buffer opportunity of 21 acres if suitable stream segments form in the riparian headwater systems. Riparian forested hardwood wetland will be restored on about 58 acres with some additional enhancement potential. Non-riparian forested wetland will be restored on 808 acres, with the balance of the site included as preservation of existing forested wetland (40 acres) and the planting of 200 acres of upland to mixed hardwood for a more diverse habitat. Areas underlain by hydric soils which may be effectively drained by perimeter ditches and which will remain open post-construction total 103 acres. Approximately 34 acres at the head of the watershed is mature non-riverine wet hardwood forest, and will be preserved to help mitigate for impacts to the Bonnerton non-riverine wet hardwood area. A CAMA major regulatory permit application will be submitted in 2009 for all work proposed to occur in CAMA, Corps, or NCDWQ jurisdictional areas, including buffers. This project is expected to be constructed in 2009 and planted in early 2010. 1.0 INTRODUCTION The 1,297-acre Hell Swamp site is proposed to be part of the compensatory mitigation for future unavoidable impacts to wetlands and waters as evaluated in the Final Environmental Impact Statement for PCS Phosphate Mine Continuation (US Army Corps of Engineers 2008) and as described in the Compensatory Section 404/401 Mitigation Plan: Comprehensive Approach In Support of the PCS Phosphate Company, Inc. L Alternative Mine Continuation (First 15 Years NCPC and Bonnerton Tracts) (PCS Phosphate Company Inc. 2008, Volume III, Appendix 1). This document describes the Hell Swamp site and proposed restoration activities (a more detailed version of the draft plan contained in Attachment 8 of Appendix I, Volume III of the 2008 PCS FEIS). 2.0 LOCATION, HISTORY, AND PRE-RESTORATION DESCRIPTION 2.1 Location. The Hell Swamp site is located on the southwest side of Seed Tick Neck Road (SR 1714) south of NC Highway 264 in Beaufort County. There are two PCS Compensatory Mitigation Plan 1 Hell Swamp/Scott Creek Watershed April 2009 entrances to the site located approximately 1.7 and 2 miles south of Highway 264 on Seed Tick Neck Road. The site is located approximately 2 miles east-southeast of the town of Yeatesville, Pantego Township, North Carolina (straight-line distance) and can be found on the USGS Pantego quadrangle (Figure 1). The approximate center of the site is located at +35.522856 latitude and -76.680750 longitude (35°31'22.28"N and 76°40'59.70"W). The site is located within the Pamlico Hydrologic Unit 03020104 of the Tar-Pamlico river basin within the Pungo Creek subbasin and is drained by Scott Creek and Smith Creek. 2.2 History. The five tracts that make up this property were purchased in 2006, 2007, and 2008 (refer to Supporting Document A). The majority of this site has been in agricultural production for several decades. Historic aerial photographs indicate that, except for a small field in the northern part of the property, the site was forested until Scott Creek was dredged and relocated in the 1960s and 1970s. An extensive network of ditches and canals was added in subsequent years, rendering the majority of the site suitable for agriculture. A northern portion of the site remained forested until the 1990s. This portion of the property was in the process of being cleared and drained when it was obtained by PCS Phosphate, Inc. In the southeastern corner of the site there are also some wooded areas associated with Scott and Smith Creek that have been logged, but never put into agricultural production. 2.3 Pre-Restoration Description. Farm access roads cross the site at various angles creating a mosaic of fields, which are further divided by canals and ditches (Figure 2). Scott Creek and Smith Creek carry water southeast from this site, under NC Highway 99 and Pungo Creek Road (SR 1715), respectively, and into Pungo Creek. Portions of Scott Creek are ditched and/or devoid of riparian buffer (Figure 3). The major portion of this site (approximately 1,002 acres) has been in active cultivation since the 1970's. Approximately 157 additional acres were cleared and ditched within the past 15 years, and approximately 148 acres are covered by timber and/or shrub-scrub habitat. Crop rotations in the active agricultural fields have included cotton, soybeans, corn, and winter wheat (refer to photographs in Supporting Document B). 2.3.1 Soils. Most of the site is underlain by hydric mineral soils and low- lying non-hydric soils. Approximately 85 percent of soils on the site are hydric (1,105 acres). According to the NRCS soil survey for Beaufort County, the major soil series mapped on the site are comprised of loams and sandy loams in the Arapahoe-Ponzer- Dare and Aug usta-Altavista-Tom otley soil units (Kirby, 1995). Approximate acreages of the following soils series are on the site: Arapahoe fine sandy loam (419 acres), Portsmouth loam (196 acres), Dragston fine sandy loam (185 acres), Tomotley fine sandy loam (184 acres), Cape Fear fine sandy loam (200 acres), Roanoke fine sandy loam (84 acres), Muckalee loam (15 acres), Augusta fine sandy loam (14 acres), and Seabrook loamy sand (0.49 acre) (Figures 4a and 4b). The soils of the site were sampled in March of 2007 and sent to the North Carolina Department of Agriculture (NCDA) state laboratory for fertility analyses. Results indicate that soils ranged from a high of 7.7 percent humic matter to a low of 0.92 percent and the average of the 20 samples collected was 3.96 percent. Eight of the samples were considered to be in the mineral soil class, six were in the organic class, and the remaining six were considered to be in the mineral-organic class. Soil amendment recommendations were made by the NCDA for a hardwood crop. Results PCS Compensatory Mitigation Plan 2 Hell Swamp/Scott Creek Watershed April 2009 • of the analyses and a map showing sample locations are provided in Supporting Document C1. 2.3.2 Pre-restoration Drainage and Section 404 Jurisdictional Status. The Hell Swamp site encompasses almost the entire Scott Creek watershed and portions of the Smith Creek watershed. Scott Creek drains the majority of the Hell Swamp site; however, a small portion of the southern corner of this site drains to Smith Creek (Figure 5). A network of ditches and canals carry water off of the agricultural fields and into two branches of Scott Creek. The main prong of Scott Creek extends north across two- thirds of the property (approximately 1 mile), and the northern prong extends approximately 0.25 mile north from the main prong. The site drains into Pungo Creek, a Special Secondary Nursery Area designated by the NC Division of Marine Fisheries. Pungo Creek drains to the Pungo River, which is one of the main tributaries of the Pamlico River. Most of the Hell Swamp site acreage has been previously drained and is non-jurisdictional. Remaining Section 404 jurisdictional areas include some agricultural ditches up to the Ordinary High Water Mark, most of the wooded land adjacent to Scott Creek and along the western parcel boundary, and some wetlands along the northern border of the site, and total approximately 87 acres (Figure 6). Jurisdictional status of the last two last parcels purchased by PCS (forested parcel along both sides of Scott Creek just upstream of NC99 and the 34-acre forest along the western parcel boundary) were confirmed by the Corps in May of 2008 and results of the determination are included in Figure 6 (updated since publication of the PCS FEIS). 2.3.3 Woodland Areas. The dichotomous key II.B.ii.2.b of the North • Carolina Wetland Assessment Method (NCWAM) was used to describe which of the 16 wetland types exist on the Hell Swamp site. A mature bottomland hardwood forest comprised of bald cypress (Taxodium distichum), red maple (Acer rubrum), green ash (Fraxinus pennsylvanica) and sweet gum (Liquidambar styraciflua) covers approximately 43 acres along the main body of Scott Creek, primarily on the south side. About one quarter of the distance along Scott Creek is bottomland on both sides and about one quarter is forested on only the south side. Subcanopy and herbaceous species include swamp red bay (Persea palustris), wax myrtle (Morella cerifera), greenbriar (Smilax spp.), yellow jessamine (Gelsemium sempervirens), and rush species (Juncus spp.). There is a sparse strip of common reed (Phragmites australis), wax myrtle, black willow (Salix nigra), green ash and sweet gum along a portion of the north side of the main body (approximately 4 acres). Approximately 7 acres on both sides of the northern prong (UT6) is a highly disturbed community made up of common reed, wax myrtle, and scattered young pine and hardwoods. In addition, there are approximately 34 acres of mature hardwood flat along the western boundary and a 14-acre linear strip of hardwood flat containing some pines which separates the northernmost one-third of the site from the southern portion. The 34-acre hardwood flat was determined by Michael Schafale of the NC Natural Heritage Program to be an "excellent" representative of a non-riverine wet hardwood forest. Depending on the fate of similar communities in the state, he also determined this forest to be of state or regional significance (Supporting Document C2). 2.3.4 Vegetated Non-forested Areas. Existing areas of unforested vegetation occur along some ditch banks, along previous interior parcel boundaries, and along the north prong of Scott Creek. The narrow strips of vegetation which occur along previous parcel boundaries also contain some scattered mature trees (e.g., i loblolly pines, sweet gum, and swamp chestnut oak (Q. lyrata). PCS Compensatory Mitigation Plan 3 Hell Swamp/Scott Creek Watershed April 2009 • 2.3.5 Cleared Areas. The northern one-third of the site includes 157 acres of cleared and ditched areas which never went into agricultural production prior to purchase by PCS. These areas are covered with dog fennel (Eupatorium capillifolium), panic grass species (Dicanthelium spp.), and saplings of red maple, loblolly pine (Pinus taeda), and sweet gum. 2.3.6 Agricultural Fields. The majority of the southern and eastern portion of the site (approximately 965 acres) is made up of a mosaic of agricultural fields. There is also a 37-acre agricultural field in the northern portion of the site which has been farmed for more than 100 years. The total land that has been in active agricultural production is approximately 1,002 acres. According to the records of both the Beaufort and Hyde County Farm Service Agencies, these acres have prior-converted status (Supporting Document C6). 2.3.7 Protected Species. At the suggestion of USFWS (refer to letter in Supporting Document C3), the site was surveyed in October of 2007 for the presence of sensitive joint vetch (Aeschynomene virginica), the only protected species with the likely potential to occur on the site. No individuals were found during the survey and the results of the survey and report was submitted to the United States Fish and Wildlife Service (USFWS). The NC Natural Heritage Program had no records of any protected species from this site (refer to letter in Supporting Document C4). 2.3.8 Cultural Resources. The NC State Historic Preservation Office (SHPO) was contacted to confirm presence or absence of any known historic or prehistoric cultural resources on the Hell Swamp site. There are no records within the SHPO database for this site (refer to letter in Supporting Document C5). A single grave located on the site will be properly relocated in coordination with NC SHPO and in compliance with all applicable state statutes. 3.0 SITE SELECTION FACTORS AND JUSTIFICATION 3.1 Logistics. Site selection is of primary importance in any wetland restoration project since that which was previously a wetland will have a higher likelihood of feasibility, sustainability, and success if properly restored. The crop fields of the Hell Swamp site have prior-converted status as determined by NRCS. Also important in site selection is adjacency to existing wetlands in a similar landscape position whose presence indicates appropriate hydrological conditions for hydric soil and consequent vegetation communities. Adjacent wetlands are also able to serve as seed banks, refugia for mobile animals while the restoration site matures, and reference sites that may be used to assess restoration success. Remnants of the Scott Creek riparian corridor are present downstream of the site, and a relatively undisturbed wetland (a potential reference forest) is present on the western side of the site. Pungo Creek is designated as a Special Secondary Nursery Area by the North Carolina Division of Marine Fisheries (NCDMF). The Hell Swamp mitigation site and Scott Creek are in a similar landscape position to several streams on the NCPC Tract which drain to South Creek, also a Special Secondary Nursery Area. State-designated nursery areas are also considered Essential Fish Habitat by the South Atlantic Fisheries Management Council. Therefore, restoration of the Scott Creek watershed, restoration of portions of Scott Creek itself, and restoration and enhancement of its associated riparian buffer may benefit freshwater fishes, estuarine species, and coastal migratory pelagic species. PCS Compensatory Mitigation Plan 4 Hell Swamp/Scott Creek Watershed April 2009 • 3.2 Cost and Technology. Restoration of the site will require no special technology or complex engineering since only ordinary surficial low ground pressure equipment is necessary to prepare the site. All removal of field crowns, filling of interior ditches or canals, and contouring will be based on LiDAR (light detection and ranging) and/or 0.5-foot topographical survey data and informed by preparation of a water budget and model predictions of soil behavior (based on permeability, texture, and stratigraphy) by a registered professional engineer. There is no identified source of pollutants other than what might be present from normal agricultural practices, so pollutant remediation is not required to restore the site. 0 U 3.3 Justification. The agricultural acres of the Hell Swamp restoration site are documented as prior-converted cropland by NRCS. Based on customary procedures and field evaluations according to the 1987 Corps of Engineers Wetland Delineation Manual, the Corps of Engineers determined the majority of the site, including those acres prepared for agricultural use but not yet put into production, was non-jurisdictional and therefore suitable for mitigation. 3.3.1 Jurisdictional Status of Woodland and Cleared Areas. The majority of woodland areas on the site are jurisdictional wetland (87 acres). Jurisdictional status of creeks and waters extends upstream into the agricultural fields or along perimeter canals in several channelized portions of the streams (ditches) (8,299 linear feet of stream and 18,110 linear feet of OHW). The cleared areas of the site underlain by hydric soils that are not currently in agricultural production are assumed to have been jurisdictional wetlands prior to the removal of wetland hydrology due to ditching (Figure 6). The most upstream area subject to CAMA jurisdiction was determined to be Scott Creek where it is culverted beneath the existing farm access road (refer to Supporting Document C7 and Figure 6). 4.0 SPECIFIC GOALS, TARGET FUNCTIONS, AND METHODS 4.1 Goals. The ultimate purpose of mitigation activities of the Hell Swamp site is to successfully reestablish 808 acres of non-riverine hardwood flats, 58 acres of riparian forest (headwater forest, bottomland hardwood forest, and riverine swamp forest), 19,783 LF of zero and 1St order stream channel (2 acres of open water) and preserve or rehabilitate 40 acres of non-riverine hardwood flat including a 34-acre "state or regionally significant" mature hardwood flat, 28 acres of riverine swamp forest/bottomland hardwood forest, 18 acres of non-riverine hardwood flat, and preserve 200 acres of areas mapped as uplands on the county soil survey. An additional 103 acres underlain by hydric soils are included as "potential non-wetland" areas due to drainage effects from perimeter ditches that must remain open. Wetland reestablishment will include non-riverine hardwood flats, headwater forests, riverine swamp forests, and bottomland hardwood forests. Stream mitigation activities will result in restoration or enhancement of approximately 21 acres of riparian buffer, and up to 21 acres of headwater riparian buffer under the flexible buffer mitigation approach (these acres are included in the above tally). The entire 1,297-acre site will be put in a perpetual conservation easement. The goals will be achieved on a multi-spatial scale with these specific objectives: PCS Compensatory Mitigation Plan 5 Hell Swamp/Scott Creek Watershed April 2009 ¦ To capture and store rainfall which for the past three to 10 decades has been carried off the site by a system of ditches and canals (site) ¦ To establish a diverse community of vegetation which reflect differences in soil character, topography, and hydroperiods (site) ¦ To improve water quality and provide watershed protection (site, watershed, and region) ¦ To provide wildlife habitat (site, watershed, and region) 4.2 Target Functions. Functions of wetlands and waters are the physical, chemical, and biological processes and attributes of a wetland that in conjunction operate as guarantors of water quality and are important components of food webs and habitat. The 1990 Memorandum of Agreement between the Corps and the Environmental Protection Agency (EPA) on the Determination of Mitigation Under the Clean Water Act Section 404(b)(1) Guidelines, and RGL 02-2, require the replacement of aquatic functions which are unavoidably lost or adversely affected by an authorized permitted activity (US Army Corps of Engineers, 2002). Many wetlands and waters have multiple functions, and while accurate assessment of these functions is a dynamic field, scientists do agree that all wetlands and waters either increase or decrease a specific component of the hydrologic cycle. Replacement and/or uplift of any aquatic functions are driven by proper mitigation site selection and a design that maximizes what the natural conditions of the site will support. The specific functions which are targeted for the Hell Swamp site are: • NUTRIENT REMOVAL/TRANSFORMATION- Transformation and removal of nitrogen and phosphorus will be enhanced with a low gradient and abundant vegetation of the replanted fields of Hell Swamp and the deceleration of water removal via Scott Creek with the reconnection of flow to the adjacent floodplains. Experience at the PCS Parker Farm mitigation site indicates that volunteer herbaceous wetland vegetation will probably cover the Hell Swamp site within one year. The planted trees, volunteer herbs and forbs, and the slope of the site that averages less than 0.2 percent, will enable this function. Restoration and conversion of agricultural lands to wetlands and forested systems will remove and/or greatly reduce the source of some potential nutrients to Scott Creek, Pungo Creek, Pungo River, Pamlico River, and Albemarle Pamlico Estuary. ¦ ORGANIC MATTER PRODUCTION AND EXPORT- The onsite restored streams and proximity to Pungo Creek guarantees multiple hydrologic links for downstream transport of organic nutrients produced on the restored Hell Swamp site. Productivity of the site will increase and change through time as the vegetation matures and goes through various stages of succession. The complex range of elevations and network of natural drainages through the site provide numerous opportunities for the production and export of organic material to areas downstream, including Scott Creek, Pungo Creek, Pungo River, and the Pamlico River/Sound estuary. ¦ FLOODFLOW ATTENUATION AND SURFACE WATER STORAGE- Portions of the Hell Swamp Site occur within the FEMA 100-year floodplain and based on elevation alone, would attenuate floods only during an extreme event. However, restoration of Hell Swamp to functional wetlands will PCS Compensatory Mitigation Plan 6 Hell Swamp/Scott Creek Watershed April 2009 . decelerate the current rapid delivery downstream of stormwater via agricultural ditches and canals and increase and prolong surface and subsurface storage capacity on site, relieving downstream flooding that may currently occur on a more frequent basis. Restoration of Scott Creek segments and associated riparian headwater systems will provide topographic diversity, restore and maintain stream evolution processes, and restore and maintain baseflow. CAPTURE AND RETENTION OF SEDIMENT AND OTHER POLLUTANTS- Restoration of the Hell Swamp Site will reduce the aerial suspension of topsoil that occurs with seasonal agricultural practices and will decrease erosive velocity within main canals and ditches. A restored wetland will increase storage capacity and deliver cleaner water downstream with a decreased sediment load. Depending on crop planted and choice of chemical, estimated amounts of herbicide, pesticides, and fertilizers applied yearly to the approximate 1,000 acres under agricultural production at Hell Swamp range from 1 to 750 gallons of herbicides, 23 to 39 gallons of insecticides, and 61 to 159 tons of fertilizer (NC Agricultural Chemical Manual 2008). Cessation of agricultural practices on the site will remove these chemicals from being transported downstream and improve water quality within the basin. After site restoration of streams and headwaters, less sediment will be transported downstream due to more topographic diversity which will cause the sediment load to be deposited before it reaches the more sensitive estuarine and nursery waters downstream. . GROUNDWATER DISCHARGE AND RECHARGE- Post-restoration, freshwater runoff will be intercepted and discharged slowly over time at Hell Swamp. Shallower and longer hydroperiods in areas adjacent to streams and riparian headwater systems will increase base flow of Scott Creek, its associated tributaries, and its riparian headwater systems. WILDLIFE HABITAT-The wetlands (and uplands) at Hell Swamp will provide more diverse food and cover for a variety of birds, mammals, reptiles, and amphibians. The large size of the site will have positive effects on water quality in the Scott Creek watershed and will increase the connectivity between the existing natural areas of Scott Creek downstream of the site. Mitigation of large-scale watershed and corridor areas, like Hell Swamp, will support important habitat to species that are sensitive to community "edges" and those species requiring contiguous areas of unbroken habitat. The conversion of agricultural landscapes to forested habitats will serve to benefit local terrestrial and aquatic wildlife as well as aquatic resources downstream of these sites. ¦ AQUATIC DIVERSITY- Mitigation design at Hell Swamp will include a diversity of stream habitats to provide support to a high diversity of organisms. Habitats will include shallow areas, deeper pools, topographic differences that alter site velocities and hydroperiods, and multiple connections to permanent water. Removal of agricultural practices and • attenuation of storm water will contribute to improved water quality in downstream habitats, including Pungo Creek, a Special Secondary Nursery PCS Compensatory Mitigation Plan 7 Hell Swamp/Scott Creek Watershed April 2009 Area. Pre-restoration fish and benthos collections occurred in 2007 and 2008 prior to restoration activities. 4.3. Methods. Restorative work is focused on removal of the manmade drainage features and reestablishment of variable hydrological conditions of a duration and frequency typical of interstream wet flats and riparian wetlands (including riparian headwater systems) of coastal North Carolina. The site will then be planted with an appropriate mix of wetland trees and shrubs commonly found in similar reference sites or known to historically exist on similar sites. 4.3.1 Agricultural Areas. The field areas between interior ditches have been graded for optimum drainage and agricultural production. The crowns within the individual fields will be removed with the fill being placed in the adjacent ditches. After the removal of the crowns, the field surface will be roughened using tillage equipment to break up any plow pan and loosen compaction that may have occurred during the first phase of restoration and to increase surface storage. 4.3.2 Woodland Areas. Any areas of mature or regenerating wetland forest on the Hell Swamp site will be preserved or enhanced. Filling of the perimeter canal around the "wetland tongue" in the northwest portion of the site at the headwaters of the Scott Creek restoration segment and relocating the ditch which surrounds the small wetland polygon along the western boundary to the perimeter of the site will rehydrate these areas to a more natural hydroperiod. Removal of nuisance species (red maple, loblolly pine, and sweet gum) and replanting these areas with more desired wet hardwood species will enhance the habitat function. Discontinuous areas of disturbed forest near the northern side of the main prong of Scott Creek will be augmented with planting of additional riparian tree species. Disturbance to any existing large trees along the north side of Scott Creek will be avoided and no work is expected to occur within the majority of the existing forested floodplain on the south side of Scott Creek. However, the restoration of UT4 and incorporation of an existing drainage ditch that conveys water from the agricultural field east of the project boundary and south of Scott Creek may require access for equipment and some manipulation in these narrow segments of the forested floodplain. Thin rows of trees (mostly nuisance species) along the boundaries between the various parcels will be removed and suitable logs will be utilized where appropriate as large woody debris within restored stream/valley reaches. Other areas with nuisance species will also be cleared and replanted with more desirable species of hardwood trees and shrubs. Disturbed riparian areas (primarily inhabited by common reed) associated with the north prong of Scott Creek (UT6) will be cleared and replanted with native vegetation. The common reed will be aggressively controlled as needed. 4.3.3 Vegetated Unforested Areas. The vegetated area associated with the north prong of Scott Creek is shown as a blue line on Figure 1 (visible on Figures 2, 3, and 4), and occurs within the lower portion of UT6. The upstream half of this vegetated area is comprised of predominantly forbs and grasses, including common reed, shrubs, and scattered pine; the downstream half transitions into pine forest. All vegetation in the area associated with the restoration of UT6 will be removed. Common reed will be controlled prior to planting and during monitoring of the site, as needed. As the planted trees begin to provide more and more shade, the common reed will no longer thrive. 0 PCS Compensatory Mitigation Plan 8 Hell Swamp/Scott Creek Watershed April 2009 • 4.3.4 Cleared Areas. The non-agricultural cleared areas between interior ditches were in the process of being graded for optimum drainage and agricultural production prior to purchase by PCS. Spoil piles and crowns within the individual fields will be removed with the fill being placed in the adjacent ditches. After the removal of the crowns, the fields will be roughened using tillage equipment to increase surface storage. 5.0 WORK PLAN METHODOLOGY The concept of the restoration work is to remove the field crowns and drainage ditches and restore the site's natural topography into a self-sustaining watershed and wetland/stream complex where any surface flow moves through vegetated wetlands before reaching any streams. Prior to work plan development, a surveyor prepared a half-foot contour topographical map of the entire site and LiDAR maps were also obtained to assist with areas outside of the boundaries of the property. Field testing of the soil groups was performed using compact constant head permeameters which measure the lateral conductivities of the soils. Existing at present are three road entrances into the site from Seed Tick Neck Road. As part of restoration work activities, the eastern most main entrance road (the "farm road") from Seed Tick Neck Road will be moved 1,700 feet further east to the parcel boundary, the minor middle entrance road will be removed, and the other entrance will remain at its present location (about 5,000 feet from the intersection of • Seed Tick Neck Road with NC99); two additional entrances will be added, one just south of Scott Creek along NC99 (- 3,000 feet from Seed Tick Neck Road intersection with NC99) and the second along the southern site boundary off of Creek Road (SR1715) just west of Smith Creek. These additional entrances and several access roads will be located on the perimeter of the site, often within the area expected to be effectively drained by perimeter ditches that must remain open (shown on Figure 7). The access roads and the interior paths/trails shown on Figure 7 will be used during monitoring and post-monitoring by the conservation easement holder and others authorized by the holder. 5.1 Hardwood Flats. The majority of the work on Hell Swamp will occur in areas that will be reestablished as hardwood flats (interstream wet mineral flats) and will be planted with species appropriate for this community, landscape position, and soils. 5.1.1 Hydrologic Model. The DRAINMOD program was used to predict the long term water table elevations and potential hydroperiods. This program was created by Dr. R. Wayne Skaggs in 1978 at North Carolina State University. It is a computer simulation model developed for soils with shallow water tables. The model is based on a water balance in the soil profile and uses approximate methods to quantify the various hydrologic components such as infiltration, surface roughness, surface runoff, deep and lateral seepage and evapotranspiration. It has been tested and found to be reliable for a wide range of soil and climatological conditions (Skaggs et al 1981; Gayle et al., 1985; Fouss et al. 1987; Rogers 1985; McMahon et al. 1987; and Susanto et al. 1987). • PCS Compensatory Mitigation Plan 9 Hell Swamp/Scott Creek Watershed April 2009 • 5.1.2 Water Budget. A water budget is the amount or rate of change in water stored in a given area or the rate at which water flows into or out of the given area. The objective of the water budget is to predict whether the existing soils and selected plants will produce a minimum water table elevation (water stored) during the time period required to meet the wetland conditions after restoration. The water stored during a specified time during the year (the growing season) is known as the hydroperiod. The water budget is used to predict how the seasonal pattern of water budget components (inflow, outflow, storage) may affect the hydrograph (hydroperiod) at a given site. Basic components required to evaluate a water budget for a wetland site are the input components: precipitation, the storage components of the soil: surface storage or roughness and porosity, and the output components: evapotranspiration - which includes direct evaporation and plant transpirations, surface runoff, and subsurface flow. 5.1.2.1 Meteorology-Climatic Inputs and Evapotranspiration. Detailed, long-term records including hourly precipitation and evapotranspiration are required for use in DRAINMOD. The nearest NOAA weather station is located in Belhaven, NC approximately 3 miles east of Hell Swamp (NOAA Station Belhaven 3E, located at 35°34' North, 76°35 West). Rainfall and temperature data in the WETS data set contain the years 1970 to 2002. Soil samples were collected in the field and were tested at North Carolina State University to determine the key soil characteristics used in DRAINMOD, such as drainable porosity and permeability. 5.1.2.2 Water Budget Outputs. Long term water budgets were calculated using the yearly summary from DRAINMOD. The water budget shows the total rainfall for a given year (input) and then shows the quantity infiltrated, the quantity lost to runoff (surface flow), the quantity lost to evapotranspiration, and the quantity lost to subsurface flow. The difference in the water input and the water output equals the change in storage (water table elevation). Since the site is bounded mostly by perimeter ditches that maintain the historic drainage rights of others, the offsite flow into the system is zero. The volume infiltrated is the volume used to lengthen the hydroperiod of the site. The site has been designed to increase the surface roughness to -1.5 inches which will mimic the pre-agricultural conditions and detain rainfall long enough for infiltration to occur. In years with minimal rainfall the volume infiltrated, as a percentage of rainfall, is high. Conversely, in years of significant rainfall, the volume infiltrated, as a percentage of rainfall, is low. The basic relationships between the categories are as follows: P= F+RO+ET+Ds Input to system=Precipitation (P) Rainfall volume captured by the surface roughness and local storage = infiltration (F) Volume in excess of the volume infiltrated = runoff (surface runoff) (RO) Two losses can occur to the volume infiltrated: they are either lost through evapotranspiration (ET), or . subsurface drainage (DS) PCS Compensatory Mitigation Plan 10 Hell Swamp/Scott Creek Watershed April 2009 . 5.1.3 Proposed Restoration of Surface Contours. The intent of the proposed surface work on the interstream flat portions of Hell Swamp site is to restore as closely as possible, without over-engineering, the natural contours that existed on the property prior to ditching and/or farming. The methodology used to develop the plan involved taking a series of cross-sections through the existing fields and calculating the amount of fill required to be removed from the center, or crown, of each field such that the ditches on either side of the field would be filled. The resultant elevations of the fields and ditches after the removal of the agricultural drainage should return the ground surface to its original topographic contour. Alignment of contours will be highly irregular, as would be typical of an undisturbed site. After crown removal and ditch filling, the ground surface will be roughened to reintroduce the varied surfaces of its former natural state. A large chisel plow will be used to break up any remaining soil compacted from the agricultural use as well as the compaction from crown removal and filling of ditches. Once the soil has been loosened, additional tillage equipment will be used to provide a roughened soil surface. Refer to Supporting Document E for specifics regarding design/work plan sheets. Supporting Document F contains a summary of the hydrologic model analysis used to verify that the historic contours, proposed surface roughness, and soil characteristics would yield wetland conditions at the site. 5.2 Streams and Riparian Headwater Systems. Due to the extensive drainage network, altered topography, and headwater nature of the Hell Swamp Scott Creek ecosystem, it is difficult to determine the historic drainage pattern based on current conditions. However, several methods were employed to identify historic headwater valleys and develop initial design approaches. These included the use of historic aerial photographs, LiDAR data, topographic ground surveys, soil profiles within the valleys, and reference site analysis. 5.2.1 Historic Aerials. Historic aerial photographs for the site were obtained from the Beaufort County Natural Resources Conservation Service (NRCS) for 1938, 1948, 1955, 1964, and 1970. These aerials were examined to determine the land use history of the site, and to search for signs of potential stream features. Review of the historic aerials indicates that most of the project site was wooded into the 1970's, with the exception of a field area in the northern portion of the project area that has been in agricultural production since at least 1938. In the early 1960's, a series of roads were constructed through the site to allow access for subsequent drainage and conversion of the land to agriculture. The lower portion of Scott Creek was channelized sometime between 1964 and 1970, as the dredged channel is clearly visible on the 1970 aerial. The photos also indicate that the lower portion of Scott Creek was channelized along the northern edge of the historic bottomland wetland system, and the historic alignment of the reach was altered (1964 and 1970 aerials are included in Supporting Document B). Clear evidence of distinct stream channels is not evident from the historic aerial photos; however, the photos do indicate the presence of valleys with apparent wetland features along the larger tributaries and Scott Creek. The aerials for 1964 had faint blue pen marks that had been sketched along the major drainages of the site. When asked what these pen marks indicated, NRCS staff said that these were typically marks that the field agent would have made on the aerials to indicate the location of streams on the site during field assessments for soil mapping. The timeline of the site supports this, since roads were constructed through the site between 1955 and 1964, indicating that further drainage of the site was being planned and the landowner(s) PCS Compensatory Mitigation Plan 11 Hell Swamp/Scott Creek Watershed April 2009 would have likely consulted with the NRCS regarding drainage practices and soil conditions. 5.2.2 Topographic Data. Light Detection and Ranging (LiDAR) data and data from on-site ground surveys were used to detect the presence of historic headwater valleys across the project site. The LiDAR data were used primarily at the onset of the project, prior to actual ground surveys. A topographic ground survey was conducted to develop a digital terrain model (DTM) for the site. The DTM forms the base mapping for the design plan sheets, and illustrates the existing drainage ditch network within the property. Four cross-sections were surveyed on the site, three on the lower half of Scott Creek and one on a jurisdictional lateral channel that flows into Scott Creek (UT4) (Figures 8a and 8b). Fluvial stream features such as bankfull indicators and pool, riffle, run sequences were not observed during field assessments due to past channel manipulations and backwater conditions. Therefore, the cross-section data were collected to document the incised condition of the channels, and show that the channels function more as drainage canals than natural stream systems. Cross- sections are provided in Supporting Document D. 5.2.3 Identified Proiect Reaches. Information gathered from the historic aerials was used in combination with detailed topographic data to predict the locations of historic stream features on the site. The main channel that flows through the site is labeled as Scott Creek from its headwaters to the downstream extent of the property at NC Route 99, where the creek flows through a road culvert and eventually discharges to Pungo Creek, a tributary to the Pungo River. At its headwaters, the historic drainage area of Scott Creek was approximately 90 acres, increasing to 800 acres at the downstream end of the project. Based on regulatory guidance provided in Information Regarding Stream Restoration with Emphasis on the Coastal Plain (USACE and NCDWQ 2007), the upper portions of Scott Creek would have been considered a riparian headwater system that transitioned to a low energy single thread stream in the middle portion of the site and a braided swamp system downstream of the existing farm access road from Seed Tick Neck Road. Several headwater tributaries were identified that would have historically drained to Scott Creek (Figure 9), and each is described below. Unnamed tributary 1 (UT1) begins at the base of a slight escarpment feature that runs north to south along the western side of the project site. UT1 was identified by a prominent topographic valley signature that currently collects excess surface water and indications of a valley on historic aerials of the site. The historic drainage area at the downstream end of the reach was approximately 250 acres, and the system would have been considered a riparian headwater or low energy stream system. The UT2, UT3, UT4, and UT5 drainages are small features that flow into Scott Creek near the middle portion of the project site, where the historic floodplain valley of Scott Creek begins to widen and becomes well defined. Historic drainage areas of the four reaches were estimated at 35, 29, 25, and 25 acres, respectively. Each of the drainages appears as distinct topographic valleys which also collects excess water on the surface. The drainage feature at UT4 was visible on historic aerials of the site and a blueline stream is depicted in the vicinity on the USGS Pantego topoquad. Portions of the drainage ditches and canals that currently drain the locations of UT2, UT3, UT4, and UT5 were considered jurisdictional by the USACE and NCDWQ. PCS Compensatory Mitigation Plan 12 Hell Swamp/Scott Creek Watershed April 2009 Historically, each of these drainages would have been considered riparian headwater systems. The drainages at UT6 and UT7 were identified based on distinct topographic valley signatures which collect surface water and historic aerial photographs. The lower portion of UT6 is also identified as a stream feature on the Beaufort County Soil Survey. The two tributaries comprise a larger, distinct tributary system that flows into the lower portion of Scott Creek. The main stem of the system is labeled UT6, and the smaller tributary that drains into UT6 from the north is labeled UT7. The drainage areas for UT6 and UT7 are 206 and 39 acres, respectively. The upstream portion of UT6 and the entire length of UT7 would have historically been considered riparian headwater systems. It is likely that the downstream portions of UT6 would have transitioned into a low energy stream system. The feature at UT8 is the only tributary on the project site that did not historically drain to Scott Creek. Historic aerials, the blue line on the USGS Pantego topoquad, and topographic valley signatures indicate that the tributary historically drained to Smith Creek, another tributary to Pungo Creek to the south of Scott Creek. The tributary system would have historically drained the entire southern portion of the project area, and historic drainage area is estimated to have been 240 acres. The upstream portion of UT8 would have historically been considered a riparian headwater system, transitioning to a low energy stream further downstream. 5.2.4 Coastal Plain Riparian Headwater Systems Reference Site Analyses. Since few restoration projects have been implemented to date that make use of the US Army Corps of Engineers (USACE) and the NC Division of Water Quality (NCDWQ) publication Draft Information Regarding Stream Restoration with Emphasis on the Coastal Plain (2007), technical design information for these systems is very limited. Therefore, to provide additional design data, a study of Coastal Plain headwater reference sites was initiated with the following goals- 1 ) Identify reference systems that represent intact, functional systems 2) Describe the formation of channel features in headwater stream systems 3) Define the general functions that these systems provide Each of these goals and the methods used are described below: Goal 1: Identification of Reference Sites Because headwater sites in the Coastal Plain are small and easily manipulated, it is difficult to locate systems that have not been altered or impacted by human activities. Searches were aimed at identifying small catchments (< 300 acres in size) with a mature wooded canopy and no apparent artificial drainage affecting the reference areas. Assessments would then be conducted at the most upstream point that showed a defined valley with periodic surface flow, and continuing downstream until a perennial flow feature was reached. Data collected from these assessments could then used to determine the points at which headwater valleys form channel and fluvial features. An extensive search was conducted of the area surrounding the project site in an attempt to locate reference stream systems. Many potential sites were identified; however, the majority of these sites had been drained for agricultural purposes or local PCS Compensatory Mitigation Plan 13 Hell Swamp/Scott Creek Watershed April 2009 topography had been modified through forestry practices at some point in the past. Ultimately, four reference reaches along two headwater drainages were identified in close proximity to Aurora, NC. To provide additional data, eight reference reaches were identified along three headwater drainages within the Croatan National Forest, south of New Bern, NC. Locations of the reference sites are shown in Figure 10, and each is described in the sections below: UT to Bailey Creek: Two reference reaches were surveyed on an unnamed tributary to Bailey Creek. Drainage areas for the upstream and downstream reaches were 88 and 94 acres, respectively. The upstream reach (UTBA-1A) exhibits wrack lines, scour features, and a somewhat braided flow pattern. In some locations, flow is confined but the channel is not well defined. Further downstream, the valley slope increases and the stream flow becomes confined to a single thread, meandering channel. This area was surveyed as the downstream reference reach (UTBA-1 B). Channel dimension is relatively consistent, with riffle and pools formed by both channel meanders and woody debris. UT to South Creek: Two reference reaches were surveyed on an unnamed tributary to South Creek. Drainage areas for the upstream and downstream reaches were 215 and 250 acres, respectively. The upstream reach (UTSC-1A) was surveyed approximately 600 feet downstream of NC Route 306. Along this upstream reach, flow patterns are diffuse and braided, with a considerable amount of subsurface flow during field surveys. Further downstream, the valley slope increases and the stream flow becomes confined to a single thread, meandering channel. This area was surveyed as the downstream reference reach (UTSC-1 B), and is located approximately 400 feet downstream from UTSC-1A, and 400 feet upstream of a powerline transmission corridor. Channel dimension along this downstream reach is relatively consistent, with riffle and pools formed by both channel meanders and woody debris. UTs to Brice Creek: Eight reference reach sites were identified along three separate headwater tributaries to Brice Creek in the Croatan National Forest, south of New Bern. These sites were identified as potential references through the help of NCDWQ staff who have reviewed the sites in the past. The three tributary drainages were labeled Sites 1, 2, and 3, with Site 1 being the northernmost site and Site 3 being the southernmost site. Three reference reaches were identified and surveyed along Site 1. Drainage areas for the three reaches from upstream to downstream (UTBR-1A, UTBR- 1 B, and UTBR-1 C) are 96, 160, and 230 acres, respectively. UTBR-1A is the most upstream reach and exhibits diffuse flow patterns across a wetland floodplain, with few distinct channel features. UTBR-1 B is the middle reach within the drainage and exhibits a more braided flow pattern with some sections of defined channel bed and banks. UTBR-1 C is the further reach downstream and was located in an area where overall valley slope increases. The reach exists as a single thread, meandering stream channel with well defined bed and banks and a relatively constant channel dimension. Three reference reaches were also identified along Site 2. Drainage areas were smaller than those identified for Site 1. Drainage areas for the three reaches from upstream to downstream (UTBR-2A, UTBR-213, and UTBR-2C) are 25, 42, and 61 acres, respectively. The flow characteristics for each reach were similar to Site 1, with the most upstream reach (UTBR-2A) exhibiting diffuse flow with poorly defined channel PCS Compensatory Mitigation Plan 14 Hell Swamp/Scott Creek Watershed April 2009 features, the middle reach (UTBR-2B) exhibiting braided flows, and the downstream reach (UTBR-2C) exhibiting a single thread, meandering channel form. Two reference reaches were identified along Site 3, which is a separate drainage just to the south of Site 2. Drainage areas for the two reaches from upstream to downstream (UTBR-3A and UTBR-3B) are 45 and 58 acres, respectively. The most upstream reach (UTBR-3A) exhibiting braided and diffuse flow with some channel features that were not consistent and were not well defined along the reach length. The downstream reach (UTBR-3B) exhibiting a single thread, meandering channel form with well defined bed and banks. Goal 2: Determine the Factors Affecting Channel Formation Most stream restoration projects that have been completed in the Coastal Plain have involved the construction of a single-thread, meandering stream channel. As discussed in Information Regarding Stream Restoration with Emphasis on the Coastal Plain (2007), restoration of a single-thread channel is likely not appropriate for many headwater systems. In some situations, formation of a wetland valley with braided, diffuse flow will be more appropriate. By performing assessments on a range of reference sites (i.e. varying drainage areas, valley slopes, and channel definition), our goal was to determine the conditions under which different channel features (or no channel features at all) are formed. Understanding these channel forming conditions would then form the basis for the restoration approach for a given site. As discussed previously, several reference sites were identified that began as defined valleys with indications of periodic surface flows, and developed into more defined stream systems down valley as drainage area increased. Once these drainages were identified, specific reference reaches were delineated along the fall of the valley and surveys were conducted to document channel form (or lack of channel form). Reference reaches were divided into three categories based on channel form: Poorly Defined Channel- These systems are areas that exhibit a defined valley and evidence of periodic surface flow, but lack defined channel features. Channel bed and bank features cannot be identified, or if they can be identified, are poorly defined and only evident for short distances before their definition is lost. These reaches were commonly found at the upper most portions of the headwater drainage where flow events are not frequent and do not have sufficient energy to form channel features. Moderately Defined Channel- These systems exhibit relatively constant bed and bank features, but the channel dimensions (cross-sectional area and shape) are highly variable. Flows are confined to one variable size channel in some areas, and multiple thread channels in other areas. Channel form appears to be defined mostly through localized scour, small debris jams, and vegetation. Well Defined Channel - These systems can be considered typical, single- thread reference reach quality channels. Channel banks are obvious and constant, and sandy bed material is common. Channel dimension is relatively constant, with alternating riffle and pool areas. Some pools are formed by stream meanders while others are formed by scour from PCS Compensatory Mitigation Plan 15 Hell Swamp/Scott Creek Watershed April 2009 woody debris. Channel form is defined primarily through fluvial processes. Each identified reference reach was surveyed along approximately 200 feet of its length. Cross-sections were surveyed at representative locations to document the dimension of any channel features, the width of the valley, and the general topography of the valley bottom. A longitudinal profile was also surveyed along the apparent center of the flow pathway, to determine overall slope, depth of a pools and riffles (if present), and variations in topography. Along reference reaches that exhibited well defined channels, survey methods followed those used for traditional reference reach stream surveys that document channel dimension, pattern, and profile. In simplest terms, the energy of flowing water is determined by its velocity and depth. Formation of a defined stream channel begins when flowing water has sufficient energy to begin the processes of scour, headcutting, and sediment transport. Valley slope was used as a surrogate for flow velocity: the higher the valley slope, the higher the velocity of flowing water in the stream system during storm events. Drainage area was used as a surrogate for flow depth and quantity: the higher the drainage area, the higher the volume of water (and depth of flowing water) for a given storm event. Each surveyed reference reach was classified as either a poorly defined, moderately defined, or well defined channel, based on visual observations during field surveys. Valley slope and drainage area data for each surveyed reference reach are provided in Chart 1 below. Chart 1. Headwater reference reach data relating channel formation to drainage area and slope. 0.016 - - - • Poorly Defined 0.014 ¦ Moderately Defines Well Defined 0.012 --- 0.01 y 0.008 yri o„n, a _ unannels d -- W Moderately Defined - > 0.006 -- Channels -- - - 0.004 -------------- 0.002 -`- ------ Poorly Defined - • __ _ _ Channels 0 - - 10 100 1000 Drainage Area (acres) The collected data indicate that channel form can be predicted by measurements of valley slope and drainage area. As valley slope and drainage area increase, the energy of flowing water also increases and tends to form more defined stream channels. PCS Compensatory Mitigation Plan 16 Hell Swamp/Scott Creek Watershed April 2009 While boundaries have been placed on the graph to illustrate approximate ranges for each channel type, these boundaries should not be considered as distinct thresholds that trigger a change from one channel form to another. The data should be used to indicate ranges in which a particular channel form is likely to develop. In fact, reference sites that fell near the boundary of two channel forms were often difficult to classify distinctly as one of the three defined channel forms based on visual observations. For example, a reference site that plots near the boundary between a well defined and a moderately defined channel will usually display some characteristics of both. Other results that were derived from this analysis are summarized below: Drainage area alone is not a good predictor of channel form. For example, at a drainage area of approximately 100 acres, all three defined channel forms were identified on reference sites. The guidance document Information Regarding Stream Restoration with Emphasis on the Coastal Plain (2007) states that "... According to data being assembled by NCDWQ (Periann Russell, DWQ, personal communication) watersheds less than 25 acres in size will not support a headwater system". Our data agree with this assessment. All identified reference sites were based on the presence of a defined valley and upstream drainage area, and evidence of periodic surface flow. The smallest drainage area of our evaluated reference sites was approximately 25 acres. The guidance document Information Regarding Stream Restoration with Emphasis on the Coastal Plain (2007) also states that "... Typically, sites with watersheds less than 100 acres would not support a stream with defined bed and bank." Our data do not support this assessment. We identified two separate reference sites with drainage areas of 57 and 61 acres that displayed consistent bed and bank features, and well as fluvial bedform features. These sites were located within relatively steep valleys, where the small headwater valley transitioned into a deeper valley of a larger stream system. Goal 3: Describe the General Functions of Coastal Plain Headwater Stream Systems While research regarding the functions of headwater systems in Piedmont and Mountain physiographic regions has been published, very little information could be found regarding the functions of headwater systems in the Coastal Plain. By attempting to describe the general functions that these systems provide, based on observations and data collected, this goal was aimed at determining important aspects that need to be incorporated into a restoration design. In addition to design consideration, the monitoring aspect of these projects requires that functions are identified that are specific, measurable, attainable, reasonable, and trackable (Mitigation Plan Development www.saw.usace.army.mil/wetlands/Mitigation/mitplan.htm1). During reference site assessments, observations were made regarding the functions that Coastal Plain headwater stream systems provide. These systems are unique since they provide functions associated with both wetlands and streams. We PCS Compensatory Mitigation Plan 17 Hell Swamp/Scott Creek Watershed April 2009 • conducted a review of pertinent literature and based our functional assessments primarily on stream and wetland functions that have been defined in these works: • NC Wetlands Assessment Methodology (NC Division of Water Quality, NC Division of Coastal Management, US Army Corps of Engineers and US Environmental Protection Agency) • Functional Objectives for Stream Restoration (C. Fischenich - US Army Corps of Engineers) • 0 Using these sources as a guide, the functions that Coastal Plain headwater systems provide were evaluated and four general classes of functions were developed: hydrology, water quality, habitat, and geomorphic. Benefits that each of these functions provides are listed in Table 1, along with field indicators. Table 1. General functions of Coastal Plain headwater systems. m 'r 4!;t? General Indicators (can be Functioq,. Benefits s s s correlated to w than one beh? t) Hydrology • Runoff reduction Microtopography • Flow velocity reduction Floodplain vegetation • Energy dissipation Wrack and debris lines • Reduced erosion and sedimentation Overbank flooding • Maintenance of baseflow Soil moisture • Prolonged soil saturation • Groundwater recharge and discharge Water Quality • Sediment retention and reductions Vegetative cover • Nutrient reductions Distance from potential • Carbon export sources • Toxicant reductions Increased retention time • Temperature moderation Sediment deposition Saturated soil conditions Habitat . Increased area of terrestrial and System size/area/extent aquatic habitats Connectivity with other • Increased fringe habitat between natural areas upland and lowland habitats Vegetative cover • Connectivity corridors between Woody debris different wetland and upland habitats Microtopography • Increased diversity Specialized native • Uniqueness species • Water source for fauna Geomorphic . Provide topographic diversity and Valley topography valley corridors Valley slope • Maintains stream evolution processes • Maintains valley formation processes • Variable temperature and moisture re imes PCS Compensatory Mitigation Plan 18 Hell Swamp/Scott Creek Watershed April 2009 The functions listed and described above in Table 1 are not meant to necessarily represent a complete or exhaustive list, but to provide a general description of the functions that Coastal Plain riparian headwater systems provide. The information indicates how these systems provide the functions of both wetlands and streams. This functional list is also intended to provide a guide for developing functional uplift goals for headwater system restoration projects. 5.2.5 Design Approach and Techniques. After identifying historic valley and stream features across the Hell Swamp site, assessments were performed to evaluate the appropriate design approach for each stream reach. The reference site analyses were used to guide the selection of design approaches. Design approaches and reach lengths for each stream are summarized in Table 2 (project reach/segments can be found in the work plan sheets in Supporting Document E). A narrative description of the work plan for various segments and additional cross sections are contained in the Baker Technical Memorandum also in Supporting Document E. One fundamental design question was to determine the channel form (i.e., single, braided, diffuse, etc.) that was appropriate for a given reach. The data collected as part of the reference site study indicated that channel form could be predicted by estimating valley slope and drainage area. Therefore, the first step in designing the appropriate channel form was to determine the area and slope of each stream valley. Topographic information for the site was studied to estimate historic ground elevations, prior to manipulation of the land for agricultural conversion. Through this exercise, design contours for the historic stream valleys were developed, forming the basis for the site grading plan. The grading plan for areas away from the stream valleys focused on restoring the historic drainage patterns of the site. Once general grades were developed for each stream valley, valley slope and drainage area were compared to the data collected during the reference site study. In this manner, the appropriate channel form was estimated for each stream reach, based on the form classes that were determined as part of the reference reach study (poorly defined, moderately defined, and well defined channels). Along some streams, the channel form varies along the reach based on changes in valley slope and drainage area. For example, the headwater regions of Scott Creek were predicted to function as poorly defined channel segments, while the lower portions were predicted to function as moderately defined channels. Approximately 1,300 feet of channel in the middle portion of Scott Creek (Reach d) will be designed as a single thread channel, based on a relatively steep slope in that region. In this area, the streambed elevation must be raised several feet in order to restore adjacent wetland hydrology and connectivity with upstream and downstream restored stream reaches. Over the 1,300-foot reach, the slope of the channel (approx. 0.003 ft/ft) and the drainage area (350 acres) indicate that erosive forces would be sufficient to promote scour and channel formation; therefore, a single-thread channel design is warranted. At the downstream end of the Scott Creek Reach d where the valley slope flattens and erosive forces are reduced, the design will transition back to a moderately defined channel form with braided flow patterns. This transition will occur at the upper limit of CAMA jurisdiction near the existing farm road and flow will be diverted into the floodplain on the south side of existing channelized Scott Creek. The farm road and culvert will be removed and the existing channel of Scott Creek will be restored to its PCS Compensatory Mitigation Plan 19 Hell Swamp/Scott Creek Watershed April 2009 pre-channelized condition for its entire length from the transition area downstream to just below the area where UT6 joins the main stem (3,500-4000 feet). As described in Section 5.2.1 and shown in historic aerials contained in Supporting Document B, the portion of Scott Creek to be filled was excavated for agricultural drainage between 1964 and 1970 at the edge of the bottomland and does not represent the historic location, size, or aquatic functions of Scott Creek. Fill of the channelized section of Scott Creek below the transition will use the existing remnant spoil materials deposited on the north bank of Scott Creek, small remnant spoil piles as available on the south side, and other suitable fill material from onsite. Reach a in Table 2 describes the braided section through the floodplain on the south side of Scott Creek. Filling of the valley of this channelized portion of Scott Creek is necessary to allow surface and subsurface flow from the north side to form braided flow patterns throughout the floodplain of Reach e, as the system functioned historically. If Scott Creek was plugged or only partially filled through this section, the resulting swales or impoundments would intercept this flow from the northern side of Scott Creek and short- circuit flow across the floodplain, reducing the aquatic function restoration of Reach e. It is recognized that filling this segment of Scott Creek will likely move the upper limit of CAMA jurisdiction on Scott Creek downstream to the vicinity of the existing coastal marsh (this coastal marsh is downstream from the limits of construction but above the SR99 bridge). It is also recognized that the existing habitat for fish and benthos in this section of Scott Creek (a channelized, often turbid, 3- to 4-foot deep perennial stream almost completely unbuffered on one side) will be replaced with a 0 shallower (-6 inches to 1-foot deep) braided perennial stream through a mature bottomland or swamp forest. Restoration of Scott Creek into a well forested and well buffered shallow stream system will increase shading and contribution of detritus, increase potential spawning, nursery and foraging areas, and increase the diversity of refugia for juvenile fish. Restoration will decrease the sediment input and limit the use of the system by large individuals of piscivorous species to only those floodplain inundation events resulting from some wind tides or large rainfall events. Over time, the restored shallow stream system could potentially attract a few spawning individuals of herring or striped bass. Therefore, restoration and rehabilitation of the historic stream and floodplain functions of Scott Creek is an overall beneficial change in aquatic function and is a suitable offset for some of the impacted reaches of NCPC and Bonnerton streams proposed with continuation of the PCS mine operation in Aurora. Table 2. Summary of reach/segment characteristics, lengths, and design channel forms for project stream reaches. Reach Na Scott Creek me a Drainage Area 90 Design Slope 0.0009 Length (feet) 590 Design • Poor Scott Creek b 130 0.004 850 Moderate Scott Creek c 290 0.0006 1,860 Poor Scott Creek d 350 0.0027 1,300 Well Scott Creek a 800 0.0003 - 0.0008 3,717 Moderate UT1 251 0.0012 1,283 Moderate UT2 35 0.0036 609 Poor PCS Compensatory Mitigation Plan 20 Hell Swamp/Scott Creek Watershed April 2009 • Construction of poorly defined channel reaches will consist primarily of grading the valley to design contours, and then roughing the floodplain areas to provide microtopographic variability that is typical of these reaches under reference conditions. Woody debris will be scattered sparsely across the floodplain to improve habitat diversity (Supporting Document E). Reaches a and c of Scott Creek, UT2, UT3, UT4, UT5, UT6, UTT and reach a of UT8 will be constructed as poorly defined channels. Construction of moderately defined channel reaches will follow similar techniques as described for poorly defined channel reaches. The valley will be first graded to design contours. The floodplain will be roughened but to a greater degree than poorly defined channel segments. Along reference sites that were evaluated, microtopographic variability was greater along moderately defined channels as compared to poorly defined channels. This is presumably due to more scour and deposition as a result of greater energy during flow events. It is also likely that toppled trees are more prevalent along the floodplains of moderately defined channels, due to greater surface saturation for longer periods of the year, lending to more irregular topography. Woody debris was also observed to be a major component to the function of moderately defined channels, providing grade control, dispersion of flow into multiple channels, localized scour pools, and increased micro-habitats (Supporting Document E). Reaches b and a of Scott Creek, UT1, and reach b of UT8 will be constructed as moderately defined channels. Construction of the well defined channel reach of Scott Creek (reach d) will follow more traditional stream restoration techniques for restoration of single thread, meandering channels. The design channel form is based on similar reference reaches, as well as past project experience under similar drainage area, soils, and slope conditions. Wood structures will be incorporated into the channel design, to provide stability and to promote scour in pool areas and improve habitat diversity (Supporting Document E). Wood for structures will come from trees that must be cleared in order to fill drainage ditches and canals. 6.0 PLANTING DESIGN Vegetative restoration of Hell Swamp has been designed to reflect soil characteristics, elevations, field observations, expected hydrology, and suitable species found in Beaufort County obtainable from local or regional nurseries. To accommodate varying hydrologic regimes, planting zones have been designated based on design PCS Compensatory Mitigation Plan 21 Hell Swamp/Scott Creek Watershed April 2009 topography and soils. In addition to hardwood trees, some small polygons of shrubs have been incorporated into the plan to promote a diverse suite of habitat, food, and cover options in the landscape. Restored areas will be planted with bare-root seedlings and some tublings of native tree and shrub species that are known to have occurred historically in the area and/or observed on similar or reference sites. Planting will occur in early spring of 2010. Figure 11 depicts the planting plan designed for Hell Swamp and is the basis for the "reserve" orders placed with various nurseries in summer 2009 or earlier. Tables on Figure 11 list the species to be planted within each zone and the percent of the total represented by each species in each zone. Trees in the hardwood flats will be planted on a 9 x 12 spacing (density of 403 trees per acre) and shrubs will be planted on a 9 x 9 spacing (538 shrubs per acre). Areas mapped as upland on the Beaufort County soil survey will be planted with mesic native hardwood species. Riparian buffer restoration vegetation planting along the main segment of Scott Creek will occur in accordance with 15 A NCAC 02B.0260 to ensure that an adequate riparian buffer is installed at the site. Planting within the 100-foot riparian buffer along Scott Creek restoration reaches and all riparian headwater systems will be on 9 x 9 spacing and contain at least two species of hardwood. The low slope does not warrant planting of live stakes. 7.0 DATA COLLECTION FOR MONITORING AND SUCCESS CRITERIA While any given mitigation site may actually restore many aquatic functions, some of these functions are more difficult to quantify within the timeframe of the monitoring period and therefore are not suggested for use in determination of success criteria. However, periodic monitoring is necessary to ensure that the restored streams and wetlands are functioning as intended and to document success criteria for chosen functions. These monitoring efforts will include installation and data collection of a continuous rain gauge and semi-continuous water level monitoring wells, stream flow monitoring, periodic photographic documentation, planted vegetation monitoring, and stream and riparian headwater valley profile evaluations. Monitoring efforts will last a minimum of five years, and beyond if necessary, until success criteria have been successfully documented. Photographs will be taken periodically throughout the monitoring year to visually document hydrologic conditions, flow events, stability, vegetation growth, and the establishment of wetland and headwater stream processes at the mitigation site. Permanent photo point locations will be established and marked to facilitate a record at the same location each year monitoring takes place. The performance of the site will be summarized in yearly monitoring reports submitted by 1 May of each monitoring year. Reports will include a summary of the data collected during the monitoring year (text, tables, and graphs), comparison to data from past years and reference locations, and assessments of whether the site is on trajectory for meeting defined success criteria. Monitoring reports will be in general compliance with Corps' Regulatory Guidance Letter (RGL) 06-03. 7.1 Riparian Headwater Systems (Zero to First Order Stream Systems). Greater than 70 percent of the total stream miles in most watersheds consist of headwater streams, which underscore their importance to overall watershed health. Collectively, small headwater streams and their associated wetlands contribute largely to the mediation of runoff and sediment, assimilation of pollutants, and carbon production PCS Compensatory Mitigation Plan 22 Hell Swamp/Scott Creek Watershed April 2009 and delivery for downstream areas (Rheinhardt et al 1999). However, determining specific, measurable, attainable, reasonable, and trackable success criteria to the restored functions can be difficult, especially when working with headwater systems in the Coastal Plain. Because of their small size and location in the watershed, they are very susceptible to seasonal changes and the effects of drought. Furthermore, while headwater systems are important for overall watershed health, their functions in the landscape are variable and baseline data on unaltered headwater streams in the southeastern Coastal Plain is not currently available. • This project proposes to restore lost headwater aquatic functions as well as riparian and non-riparian wetland functions (refer to Section 4.2 and Table 1 above). Headwater streams are similar to and often part of a wetland system. For that reason these systems share some similar measurable functions and monitoring techniques. Table 3 below lists the restored functions that are proposed to be tied to success at Hell Swamp and how those functions will be monitored and measured. These functions were based on information provided in Functional Objectives for Stream Restoration (Fishenich 2006). Table 3. Restored wetland or stream functions and measurement methods. 4-6w,?Restored Function Dimen?sion Measurement Headwater stream processes Upstream/downstream . Valley cross-sections • Visual documentation Riparian succession Temporal • Ve etation lots Surface water storage Vertical and horizontal . Hydrologic monitoring wells semi-continuous Subsurface water storage Vertical . Hydrologic monitoring wells semi-continuous Landscape pathway for plant Temporal . Vegetation plots and animal migration 7.2 Vegetation Monitoring Plots. Vegetation monitoring plots will be established over -2 percent of the planted restoration area. Individual plots will be 43 feet x 203 feet in size (-0.2 acre). Plots will be located to represent a range of conditions within the planting zones across the restoration site, and the corner of each plot will be anchored at a semi-continuous monitoring well. The plots will be oriented from the well corner using a random table of azimuths; however, azimuths may be slightly adjusted if necessary to avoid obstructions, avoid crossing of Scott Creek, and/or remain within the parcel boundaries or within a specific zone, etc. Immediately after planting has occurred, planted stems within vegetation plots will be marked with poles and when leaf out has occurred, each tree/shrub will be tagged, identified, and counted. The planting plan includes small polygons of shrubs scattered across the site to increase the ecological attributes of the site. While the shrub zones will be monitored with individual plots, the planted shrub stems will not be counted toward the success criterion and will be quantified separately. Each monitoring year prior to leaf fall in autumn, planted trees within the plots will be sampled for survival. General observations will be made during sampling to describe PCS Compensatory Mitigation Plan 23 Hell Swamp/Scott Creek Watershed April 2009 the survivability of stems outside the vegetation monitoring plots, and other vegetation planted across the site (live stakes, transplants, permanent seeding, etc.). Riparian buffer restoration vegetation monitoring along the main segment of Scott Creek will occur in accordance with 15 A NCAC 02B.0260. • 7.2.1 Volunteer Woody Vegetation Sampling. To further describe composition of the vegetative community on the site and to assist in the assessment of colonization by other species (including noxious species), at the fifth year, all living stems of woody vegetation within each tree and shrub plot will be identified and counted, including planted stems and volunteer colonizing species. Non-planted individuals of characteristic wetland species are an important component to the reestablished wetland as they serve as additional indicators of appropriate hydrologic regimes and vegetative success and provide increased diversity, density, and cover type. Colonizing volunteers will be tracked separately from the planted trees and shrubs and not counted toward the success criterion. Table 4 contains a list of acceptable volunteer species in the reestablished wetlands at the Hell Swamp site by habitat type. Table 4. List of appropriate colonizing woody species within the Hell Swamp mitigation site (in addition to any volunteers of planted species). • s Name American elm Scientific Name Ulmus americana Habitat Type (NCWANII)? BLH American holly Ilex opaca HF Box elder Acer negundo BLH Fetterbush Lyonia lucida NRSF Gallberry Ilex coriacea RSF Inkberry Ilex glabra RSF, NRSF High bush blueberry Vaccinium corymbosum NRSF, RSF Coastal doghobble Leucothoe axillaris RSF Pond pine Pinus serotina HWF, NRSF Red bay Persea palustris NRSF Southern bayberry Morella caroliniensis NRSF Sweetbay Magnolia virginiana NRSF Sweet pepperbush Clethra alnifolia NRSF Tulip poplar Liriodendron tulipifera NRSF, RSF, HWF Wax myrtle Morella cerifera NRSF, RSF, HWF Habitat types: NRSF=-non-riverine swamp forest; RSF=riverine swamp forest; BLH=bottomland hardwood forest; HF=hardwood flat; HWF=headwater forest 7.2.2 Vegetation Ecological Performance Standards. Restoration of the wetland vegetation will be deemed successful if at least 260 planted trees per acre PCS Compensatory Mitigation Plan 24 Hell Swamp/Scott Creek Watershed April 2009 (using the total acreage planted in trees) are alive after five years, or after performance criteria have been met, whichever is longest. Riparian buffer restoration will be deemed successful if at least 320 trees per acre are alive after five years. 7.3 Hydrology Monitoring. Nearly one year of pre-restoration hydrology data and on-site rainfall (2007-2008) has been collected at Hell. Monitoring wells (e.g., semi- continuous Ecotones and WLs from Remote Data Systems, Inc. [RDS]) were located within all major soil series on the site as well as in the existing narrow wetland "tongue" at the very top of the watershed and the mature section of forest on the Windley tract (which serves as a reference forest for hardwood flats on the higher elevations of the site). The wells in the Windley tract, the wetland tongue, and the rain gauge were also monitored through 2008. The automated rain gauge will be removed during restoration activities and reinstalled after completion. The gauge is/will be installed in an open area, a minimum of 100 feet from any tall tree or buildings. On-site rainfall data will be used to correlate water table response to precipitation events and rainfall data from the NOAA WETS station Belhaven NC 0674 will be used to determine normal rainfall during the monitoring period and will be compared with the onsite data to verify the accuracy of the onsite data (Sprecher and Warne 2000). Semi-continuous water level monitoring wells (e.g., RDS WM20s) will be installed across the project site (- 1well/10 acres for the hardwood flats) to document post- restoration water table (Figure 12). Data from these wells will be downloaded monthly. These data will determine if the water table at the project site has been elevated sufficiently to reestablish targeted wetland hydroperiods. Actual well locations and numbers of wells may differ from what is depicted in Figure 12 because of site conditions post-restoration or other factors such as agency guidance. Final locations will be shown in the As Built Report. In the riparian headwater system valleys, semi-continuous monitoring wells will also be installed in perpendicular arrays across the valley to assist in identification of the three types of riparian wetlands (headwater forest, bottomland hardwood, and riverine swamp forest) and to increase density of data points for analysis of hydrographs up and across the valley. Arrays will be approximately 500 feet apart (along the long axis) for each valley (at least 3 arrays per 1,000-foot reach; upstream, center, downstream). The center well in each array will be in the lowest part of the valley and the number of wells in the array will be dependent upon width and slope of the valley; the density and number of arrays will be determined by the perceived length and footprint of each valley. Documentation of flow in the riparian headwater systems for the success criterion is not limited to the growing season. Qualitative data will be collected during the on-site investigations to document surface water flow. This shall be accomplished using photographic evidence of observed flow coupled with a preponderance of field indicators of recent flow events in the form of a natural line impressed on the bank; shelving; changes in soil characteristics; destruction of terrestrial vegetation; presence of litter and debris; wracking; vegetation matted down, bent or absent; sediment sorting; leaf litter disturbed or washed away; scour; deposition; bed and bank formation; water staining; or change in plant community. All field indicators present will be documented in each monitoring report. Quantitative flow data may also be collected by portable or stationary flow equipment. All quantitative and qualitative data will be used to document the PCS Compensatory Mitigation Plan 25 Hell Swamp/Scott Creek Watershed April 2009 upstream limit of flow, which will provide the basis for length of successful zero order stream restoration (i.e., valley length). Observed events or effects from events will be used to calibrate, correlate, and infer flow of unobserved events in monitoring well hydrographs. Success will be achieved if two flow events occur in three years out of five at any point in the headwater valley during normal rainfall conditions. Length of stream credit will begin from the most upstream point for which there is evidence of flow during normal rainfall conditions. Annual maintenance and calibration tests will be conducted in accordance with the Corps' ERDC TN-WRAP-05-2 guidance and any well manufacturer's specifications (US Army Corps of Engineers, 2005). Maintenance checks per TN-05-2 will consist of manual measurements and comparisons of well casings and unlined boreholes to determine the impact (if any) of deposition within the well casing. As this unintended clogging may produce artificially high water table readings, an unlined borehole will be dug in the vicinity of the test well for comparison. Calibration and maintenance will be conducted in 33 percent of the wells prior to each growing season of each year of the monitoring period. The calibrated wells will be representative of each of the major soil units occurring on the property. Each year maintenance checks will be performed on a different set of wells. The check will involve bailing out the well, digging an unlined borehole nearby, and then checking to see if the infill rate of the well and the borehole are comparable. If not, then the well and casing will be pulled and cleaned. In the event that several wells are experiencing problems in a particular soil type, then all wells in that soil type will be pulled, cleaned, and redeployed. 7.3.1 Wetland Hydrological Ecological Performance Standard and Growing Season. Under the 2007 draft regional guidance from the Corps of Engineers for wetland hydroperiods, the growing season for Beaufort County is 28 February to 6 December or 282 days (WETS table for Beaufort County first/last freeze date 28 degrees F 50 percent probability) (US Army Corps of Engineers 2007). At the suggestion of Corps' Washington regulatory field office, monitoring wells will be installed no later than 1 February, but the data collected between 1 February and 28 February will not be part of the hydroperiod calculation for success; however, February data will provide important information related to analyses of site hydrology during the early growing season. Mineral hardwood flats at Hell Swamp will be considered successful with a minimum of six (6) percent or greater hydroperiods (calculated from consecutive days with water level no deeper than -12 inches from the soil surface) during the growing season under normal rainfall conditions. Riparian wetlands adjacent to streams or within riparian headwater systems will be considered successful with hydroperiods of 12.5 percent or greater and will be contained within the valley, as determined by LiDAR, as- built survey data, and agency concurrence. (Equivalent NCWAM communities and appropriate hydroperiods at Hell Swamp include headwater forests = 12.5 to 25 percent; bottomland hardwood forests = >25 to 75 percent; riverine swamp forests = >75 percent). Hydroperiods will be evaluated using three-month rolling totals and normal rainfall conditions will be determined from the WETS tables for Belhaven. Rainfall will be collected monthly at an electronic rain gauge onsite (records every 0.01 inch of precipitation). 7.4 Geomorphic Monitoring of Streams and Valleys. Longitudinal profiles will be established for each of the riparian headwater system valleys and for the restored PCS Compensatory Mitigation Plan 26 Hell Swamp/Scott Creek Watershed April 2009 Scott Creek segments during the as-built survey. There will also be three cross sections established per 1,000-foot reach of stream/valley restoration. For the riparian headwater systems, these cross sections will be measured for the as-built report and at years 3 and 5 if channel features form. For the Scott Creek single thread channel stream restoration segments, the cross sections will be measured for the as-built report and annually during the monitoring period. 7.4.1 Geomorphic Success Criteria. Valleys should remain stable with minimum changes through the monitoring period; however, these cross-sections may show minor changes in flow patterns as the headwater riparian valley systems develop. 7.5 Reference Forest Wetland. A mature -34-acre forested portion of the Hell Swamp site, located almost at the top of the interstream divide, provides a reference forest for the upper portions of Hell Swamp vegetation and hydrology. Two years worth of hydrology data will have been collected for this site by the time restoration monitoring is anticipated to begin, although 2007 was a severe drought year. Michael P. Schafale, biologist with the NC Natural Heritage Program, has identified this site as potentially one of the best remaining examples of the non-riverine wet hardwood forests depending on fate of other comparable sites. Although "fairly small", this forest is in "excellent condition". Supporting Document C2 contains Schafale's site report prepared after his visit to this forest. A second potential reference forest exists to the northeast of the Hell Swamp site off of Plum Pit Road, a mixed hardwood forest on similar soils (Arapahoe) and at similar elevations to much of the downstream portion of the mitigation site. At present, PCS is in dialogue with the owner about leasing this additional area as a second reference forest. Data collected from reference forests (vegetation and hydrology) will be used as a guide to infer and compare behavior of applicable portions of the mitigation site (similar soils and landscape position). Because of differences in maturity and disturbance characteristics of the mitigation site, these data will not be used for strict success or performance parameters. 7.6 Reference Stream Reach and Reference Riparian Headwater System. The reference reach analysis performed on coastal headwater systems in NC (refer to Section 5.0) was used to develop an appropriate design approach for the riparian headwater valleys on the Hell Swamp site. These reaches vary in slope, watershed size, landscape location, riparian maturity, and soils, and therefore may not be directly comparable to the conditions on the newly constructed Hell Swamp site. A well array will be installed on the poorly and moderately defined valley segments on the UT to Bailey Creek and UT to South Creek reference sites, due to their close proximity and similar landscape position. This well data will be used to document surface water and flow events during the monitoring period. Data collected from stream reference sites will be used as a guide to infer and compare flow events of the mitigation site. Because of differences in maturity and disturbance characteristics of the mitigation site, these data will not be used for strict success or performance parameters. 7.7 Areas Mapped as Upland on the Beaufort County Soil Surve)L There are approximately 200 acres of non-hydric soils (mostly Dragston and Augusta) shown on PCS Compensatory Mitigation Plan 27 Hell Swamp/Scott Creek Watershed April 2009 the Beaufort County soil survey within the project (Figure 4). These areas are primarily located adjacent to and at the upper end of proposed restored stream segments. As part of the watershed approach to compensatory mitigation as described in CFR 332.3(c)(2), these non-wetland riparian areas and uplands will "contribute to or improve the overall ecological functioning of aquatic resources in the watershed." These areas will provide some similar functions to the restored wetlands e.g., groundwater recharge, nutrient filtration and uptake, and surface runoff attenuation. As these acres will be planted with a mix of upland and mesic wetland flat hardwood species, they will also increase habitat variety. 7.8 Summary of Ecological Performance Standards (Success Criteria). Based on specific, measurable, attainable, reasonable and trackable parameters the ecological performance standards or success criteria required for the types of mitigation provided at Hell Swamp are shown in Table 5 below. Table 5. Ecological performance standards (success criteria) and methods summary. Ecological Documentation Type + Mitigation Performance Methods Controls Standard Riparian wetland 2:12.5 and >25 to 75 Semi-continuous 28 February - 6 restoration percent hydroperiod monitoring wells December; (headwater forest within the (arrays); onsite rain Belhaven NOAA and bottomland topographic valley gauge; as built WETS data for hardwood) cross sections normal rainfall; valley dimensions as indicated by LiDAR, cross sections, and agency concurrence ................ . . . . . . ...... . ................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Survival of 260 ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vegetation plots on ..................... . ............................................. . .................. . ........................... Annual monitoring planted trees per 2 percent of the site acre (using acreage planted in trees) of 5 year old planted wood stems Riparian wetland Increase in wetland Semi-continuous 28 February - 6 enhancement hydroperiod from monitoring wells; December; pre-restoration onsite rain gauge Belhaven NOAA conditions WETS data for normal rainfall Non-riparian >_6 percent' Semi-continuous 28 February - 6 wetland restoration hydroperiod for monitoring wells (1 December; (hardwood flats) hydric mineral soils well/10 acres); Belhaven NOAA onsite rain gauge WETS data for normal rainfall .................................................................................... Survival of 260 ........................................................................... Vegetation lots. on ............................... Annual monitoring PCS Compensatory Mitigation Plan 28 Hell Swamp/Scott Creek Watershed April 2009 • L-1 • i Mitigation Ecological Performance Standard R • s 7 Methods Controls planted trees per 2 percent of the site acre (using acreage planted in trees) of 5 year old planted wood stems Non-riparian Increase in wetland Semi-continuous 28 February - 6 wetland hydroperiod from monitoring wells; December; enhancement pre-restoration onsite rain gauge Belhaven NOAA (hardwood flats) conditions WETS data for normal rainfall Zero to first order Linear feet of credit Photographs of flow Corps and DWQ stream restoration based on most conditions 2 (e.g., April 2007 within riparian upstream location of sediment deposits, Information; headwater system flow documented at debris flows, wrack Calendar year; least twice per year lines, sinuosity, Belhaven NOAA in 3 years out of 5 braided features, WETS data for channel features); normal rainfall; flow semi-continuous confined to times of monitoring well normal rainfall arrays; GPS; open channel flow monitoring equipment. First or second Two bankfull events Photos winter and Stream Mitigation order stream in separate years summer; channel Guidelines April restoration during 5 years of stability analysis 2003 monitoring ............................................ ................................... 80 percent survival .................................................................................................................. Established ................................................................................................................. Stream Mitigation of planted species vegetation plots; Guidelines April within 50 feet of plant survival 2003 stream on each side analysis after 5 years (or 320 trees per acre- per buffer criteria Riparian buffer 50 feet one or both Monitoring for 15A NCAC restoration sides of stream planted tree survival 02B.0260 Tar- feature shown on within established Pamlico River Basin USGS or county soil plots at years 1, 3, Mitigation Program survey or zero order and 5. for Riparian Buffers; stream segment DWQ 25 January with 320 trees per 2008 Clarification acre at maturity (5 #2008-017; for zero ears order streams, PCS Compensatory Mitigation Plan 29 Hell Swamp/Scott Creek Watershed April 2009 • 8.0 ADAPTIVE MANAGEMENT STRATEGIES Principles of adaptive management have become increasingly used as a tool to elevate the likelihood of success of wetland mitigation projects throughout the United States. The dynamics of ecosystem behavior and natural disturbances cannot always be accurately predicted nor can human mistakes always be identified in advance. However, adaptive management provides a somewhat formalized process for the iterative and interactive approach to analysis of monitoring results to identify and rectify potential problems at wetland mitigation projects. It is an attempt to identify those changes that are likely to occur and to acknowledge that there are changes which may occur which are unforeseen. In light of these changes, adaptive management identifies the measures that will be taken to achieve performance and to satisfy the objectives of the project during the monitoring period. 8.1 Adaptive Management. Certain expected natural hazards which might affect successful restoration are fire, flood, erosion, invasive species, and herbivory. Construction deviations could also affect performance and function of the restored area. Strategies to minimize effects from natural hazards and human mistakes include: ¦ Beaver activity will be noted during the monitoring period and beavers will be removed by trapper(s) if significant damage (flooding, herbivory, etc.) appears to be caused by beavers. • Sections affected by wildfire during the monitoring period will be assessed for degree of damage and replanted at a spacing calculated to restore specified tree density. ¦ Herbivory on seedlings by rabbits, rice and cotton rats, and field mice will be reduced by the foxes, feral dogs and cats, hawks and owls resident in nearby natural areas. Reductions in rodent herbivory will be achieved by the erection of simple PVC perches at interior locations on the site to 40 encourage raptor use. If monitoring indicates herbivory by deer is PCS Compensatory Mitigation Plan 30 Hell Swamp/Scott Creek Watershed April 2009 ' With elevations ranging from 9 feet above MSL to less than 1 foot, the non-riparian mineral flats at Hell Swamp will have a range of hydroperiods increasing downslope into the riparian wetlands. s Documentation may be for active or past flow conditions; may include other agency- approved structural elements or use of technical equipment not on list. The estimated potential mitigation yield for the Hell Swamp site is shown in Figure 13. jeopardizing tree survival, discussions with appropriate agencies will be initiated to determine an appropriate course of action. Deviation from construction plans will be identified early in the mitigation process with an as-built report which contains spot elevations and topographic data derived from aerial survey. If it appears as though there are errors which may jeopardize the integrity of the project, then appropriate remedial action(s) will be identified and submitted to the Corps for concurrence prior to implementation. ¦ Planting errors in spacing density or diversity will be avoided by diligent monitoring of and coordination with planting crews to ensure fidelity to the planting plan. An accounting of planted stems will be provided in the as- built report and tree plot and monitoring well numbers and locations will be included in the annual reports. If monitoring or observation indicates an unanticipated or undesired outcome (i.e., excessive standing water), remediation options will be explored with permitting agencies. ¦ Parker Farm monitoring wells were subject to frequent disturbance and occasional destruction by black bears, despite efforts to armor the wells against them. It is expected that bear problems will be most pronounced in the first year or two of monitoring when the animals are becoming accustomed to the lack of crops on the site. Barbed wire fences will be constructed around the semi-continuous monitoring wells. Common reed management will be necessary for the base of UT6 for several years until the planted species create enough shade. This species could also appear elsewhere on the site. During the regular monitoring tasks, biologists will be tasked to be observant of common reed and any invasive species and notify the project manager of same. It is expected that the perimeter of the site adjacent to pine plantations (primarily the western boundary) will have a higher likelihood of volunteer loblolly pine colonization. Red maples and sweet gum can also become problematic at some mitigation sites. In the event that red maple, loblolly pine and/or sweetgum alone or in aggregation exceeds 20 percent of the total plant composition on the site at monitoring years two and three (2 and 3), a remedial action plan shall be submitted to the Corps for review and approval prior to implementation. During monitoring years four and five (4 and 5), none of these three species alone or in aggregation comprising over 20 percent of the total plant composition on the site may be more than twice the height of the planted trees. If this occurs, control measures will be undertaken pursuant to the approved remediation plan. 8.2 Lonq Term Management. Long term management will be undertaken by the land stewardship entity identified as best able and best suited to hold a conservation easement in perpetuity and to ensure sustainability of the resource. Long term management issues at Hell Swamp include maintenance of four controlled access gates, access road maintenance depending on level of use, easement enforcement if PCS Compensatory Mitigation Plan 31 Hell Swamp/Scott Creek Watershed April 2009 . necessary, and annual inspection. There are no active engineering features (e.g., pumps or Geo-web reinforced stream crossings) at Hell Swamp, but there are perimeter berms along the boundary of the site parallel to Seed Tick Neck Road and along a portion of the southeastern boundary which could be considered as passive engineering features and would need annual inspections. The 34-acre Windley parcel has a deed restriction that prevents hunting, but there are no other deed restrictions on any of the other parcels comprising the Hell Swamp mitigation site. 9.0 FINAL DISPENSATION OF SITE The North Carolina Agricultural Foundation has expressed serious interest in holding the perpetual conservation easement for Hell Swamp through their Landscapes of Opportunity program (both entities are within NC State University). If an agreement cannot be reached with them, other potential easement holders include the North Carolina Wildlife Resources Commission, the North Carolina Ecosystem Enhancement Program, and/or the Coastal Land Trust. At this time, no formal discussions have been held with the other potential holders. Permitting agencies will be consulted during the decision and negotiation of final dispensation. • • PCS Compensatory Mitigation Plan 32 Hell Swamp/Scott Creek Watershed April 2009 0 REFERENCES Fischenich, J. Craig. 2006. Functional objectives for stream restoration. ERDC TN- EMRRP SR-52. Ecosystem Management and Restoration Research Program, US Army Corps of Engineers, Vicksburg, MS. Fouss, J. L., R. L. Bengston , and C. E. Carter. 1987. Simulating subsurface drainage in the lower Mississippi valley with DRAINMOD. Transactions of the ASAE 30:1679-1688. Gayle, G., R. W. Skaggs, and C. E. Carter. 1985. Evaluation of a water management model for a Louisiana sugar cane field. Journal of the American Society of Sugar Cane Technologists. 4:18-28. Kirby, Robert M. 1995. Soil survey of Beaufort County, North Carolina. US Department of Agriculture, Natural Resources Conservation Service. McMahon, P. C., S. Mostaghimi, and F. S. Wright. 1988. Simulation of corn yield by a water management model for a coastal plains soil. Transactions of the American Society of Agricultural Engineers 31:734-742. North Carolina Agricultural Chemical Manual. 2008. College of Agriculture and Life Sciences, North Carolina State University, Raleigh, NC. Rheinhardt, R. R., Rheinhardt, M.C., Brinson M.M. and Faser, K.E. 1999. Application of reference data for assessing and restoring headwater ecosystems. Ecological Restoration 7, 241-251. Rogers, J. S. 1985. Water management model evaluation for shallow sandy soils. Transactions of the American Society of Agricultural Engineers 28:785-790. Skaggs, R. W., N. R. Fausey, and B. H. Nolte. 1981. Water management evaluation for north central Ohio. Transactions of the American Society of Agricultural Engineers 24:922-928. Sprecher, Steven W., and Warne, Andrew G. 2000. Accessing and using meterological data to evaluate wetland hydrology. ERDC/EL TR-WRAP-00-1. US Army Engineer Research and Development Center, Vicksburg, MS. Susanto, R. H., J. Feyen, W. Diercloc, and G. Wyseuse. 1987. The use of simulation models to evaluated the performance of subsurface drainage systems. Proceedings of the Third International Drainage Workshop, Ohio State University, Columbus, Ohio, USA. Pp. A67-A76. US Army Corps of Engineers. 2002. Regulatory guidance letter (RGL) 02-02. Guidance on Compensatory mitigation projects for aquatic resource impacts under the Corps regulatory program pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act. • US Army Corps of Engineers. 2005. Technical standard for water-table monitoring of potential wetland sites, ERDC TN-WRAP-05-2, US Army Research and Development Center, Vicksburg, MS. US Army Corps of Engineers and NC Division of Water Quality. 2007. Draft information on stream restoration with emphasis on the coastal plain. 4 April. US Army Corps of Engineers. 2007. Draft regional supplement to the Corps of Engineers wetland delineation manual: Atlantic and Gulf coastal plain region. Eds. J.S. Wakeley, R.W. Lichvar, and C.V. Noble. ERDC/EL TR-. Vicksburg, MS. US Army Engineer Research and Development Center. US Army Corps of Engineers. 2008. Regulatory Guidance Letter (RGL) 08-03. Minimum monitoring requirements for compensatory mitigation projects involving the restoration, establishment, and/or enhancement of aquatic resources. • • PCS Compensatory Mitigation Plan 34 Hell Swamp/Scott Creek Watershed April 2009 FIGURES • 0 • 1 t" ' \?\ ???{' r Statatbah Point ?? - BROAD Frve P,•ws 7 .?`»c4 p?? Is„c,d 4 ! I \ 1 i, RT. 264 \ SEED TICK NECK ROA - ) -•yt+'~° .? j S \l LONCITUI)E: 70. 41 07. RT. 99 / f 1'entnvu4 ?? r /lATnWE: W 31' 31.4100' / . 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R.,? i ; ,? 6-?C .?'°?q -? .;?i...__ _ v 41 ? 4 top ROAD 6= ' 1 .ss ',pAri?. ?' ,, r N 6 ?.PUNGO CREEK 0 2,000 4,000 NORTH CAROLINA SCALE IN FEET SITE LOCATION SITE MAP - HELL SWAMP HELL SWAMP-SCOTT CREEK 1998 INFRARED AERIAL PCS PHOSPHATE COMPANY, INC. LEGEND HELL SWAMP PROJECT BOUNDARY SCALE: AS SHOWN APPROVED BY: DRAWN BY: BFG DATE: 03/18/09 FILE: HELLSWP-1998AER-MIT.DWG 4709 COLLEGE ACRES DRIVE CP#1 745.59.66 SOURCE: AERIAL IMAGE PROVIDED BY: NORTH CAROLINA DEPARTMENT SUITE 2 OF TRANSPORTATION, 1998 COLOR-INFRARED DIGITAL ORTHO IMAGES, WILMINGTON, NORTH CAROLINA 28403 NAD83, FEET, NC STATEPLANE. 35076E63.TIF AND 35076E64.TIF, rCZ R P O R A T E • ` D TEL 910392-9253 FIGURE 2 WEBSrtE: WWW.NCDOT.ORG ,xvnoxucxru cnxwLUxrs FAX 910/392-9139 ROAD t� UNGp C 'i (SR�15K ROAD 1' 4• xf ! �, m y .. T ` �r5 SMITH CREEK / \ tM PUNGO 0 2,000 4,000 NORTH CAROLINA SCALE IN FEET SITE LOCATION SITE MAP - HELL SWAMP HELL SWAMP -SCOTT CREEK 2006 AERIAL PCS PHOSPHATE COMPANY, INC. LEGEND SCALE: AS SHOWNAPPROVED BY: DRAWN BY: BFG HELL SWAMP PROJECT BOUNDARY DATE: 03/18/09d FILE: HELLSWP-2006AER—MIT.DWC k-7 CP#1745.59.66 Z4709 COLLEGE ACRES DRIVESUITE 2 WILMINGTON, NORTH CAROLINA 28403 SOURCE: AERIAL IMAGE PROVIDED BY: PCS PHOSPHATE COMPANY, INC. RPORATED TEL 910/392-9253 FIGURE 3 ENVIRONMENTAL COMLTM FAX 910/392-9139 lip" To t H r: To Cf Sb ?,? F+d a d a 1'. r Cf At ?y? ya:„ 4 5. I € "-t ?• Ro ..° cf dt ` A 4. To A A 4+ To Me Ds 80 A ?,?? .4? ity _ To Ds s fi t >. 01 #ik s, a a.?! r fa t tow" IJ LEGEN 0 1,500 3,000 HELL SWAMP PROJECT BOUNADRY SOILS 1z, I SYMBOL SOIL NAME Ap ARAPAHOE (MINERAL)(478.54 ACRES) SCALE IN FEET At AUGUSTA (14.41 ACRES) Cf CAPE FEAR FINE SANDY LOAM- (200.41 ACRES) Ds DRAGSTON 184.84 ACRES) O I LS Me MUCKALEE (MINERAL) 14.86 ACRES) Pt PORTSMOUTH (MINERAL (196.04 ACRES) Ro ROANOKE ( L ( ACRES) HELL SWAMP Sb SE SEABROO ROOK LOAMY LOAMY SAND SAND 0.49 ACRES) TO TOMOTLEY (MINERAL)(183.63 ACRES) SITE TOTAL: 1,296.87 ACRES PCS PHOSPHATE COMPANY, INC. 0 HYDRIC SOILS ® NON-HYDRIC SOILS SCALE: AS SHOWN APPROVED BY: DRAWN BY: BFG/TLJ NOTE: ONLY HYDRIC SOILS ARE DESIGNATED SOURCE: MINERAL OR ORGANIC DATE: 03/27/09 FILE: HELLSWP-SOILS-MIT-NRCS SOILS DATA NATURAL RESOURCES CONSERVATION SERVICE, BEAUFORT COUNTY, NORTH CAROUNA, NAD83, METERS, NC STATE PLANE, bfcodal.e00 CP#1745.59.66 WEBSITE: WWW.SOILDATAMART.NRCS.USDAGOV 7 4709 COLLEGE ACRES DRIVE AERIAL IMAGE PROVIDED BY: NORTH CAROLINA DEPARTMENT L SUITE 2 OF TRANSPORTATION, 1998 COLOR-INFRARED DIGITAL ORTHO IMAGES, WILMINGTON, NORTH CAROLINA 28403 NAD83, FEET, NC STATEPLANE, COLORTILE113.SID AND COLORTILE14o.SID, INCORPORATED TEL 910/392-9253 FIGURE 4a WEBSITE: WWW.NCDOT.ORG ENVIRONMENTAL CONSULTANTS FAX 9101392-9139 r- 9 3bn?i3 6EL6-ME/M:XV3 Eszs-asE/o?s l31 scWVnttm?3.v:nnsvoai.,r+3 = . - EObBZ ON'NOlONIWIIM Z dOZ ON/W30/n03nSON91lV1V0S10/Fd11H ' ' ` ` Z 31InS 1333 £861 OVN 3NVld31V1S ON dIZ OZnV39 )dlSH3AINn 31V1S VNIIOHVO HiHON ' ' ' ` ' ' ' z 6 - 99 699bL L#dO NVOII ONV WOO SdVW00013ON MMM 133d ES OVN 3NVld31V1S ON AiNnOO 12i03nV39 3AIN? 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"• n '+l . w �' y2're�i L - .a�'� .T.'�1"."L Legend rProperty Boundary 50' Stream Buffer { Headwater I: Low v + y Stream System (6,555 ft) At ir • \ , `.. �Il ,.. :--.47. i Oe Fv el lie'r� m f " = 64 f N Project Site f r Reference Mar=L as l ------ 7-7 -- -- --------}�-----�---� r an 13Green Ife Hell Swamp = ington Restoration Site Hyde `I \ ` Upper Back Creek ff• ! i - Restoration Site gLitq UT to Porter Creek '' i ` # S ' ,~',' Site 1 I v J UT to Porter Creek 1 I i Site 2%< t ?` UT to Bailey Creek 17 17 UT to South Creek 70 r l'li C ave ti1� ht; ( ?, Tye UT to Brice Creek S n Site 1 r� UT to Brice Creek Jone: tet. Site 2 UT to Brice Creek r - !` 1 Site Hoffmann State F est l — rf� Ilk 70 Ne rt X(4 n s�= r 1r��tyrJ/ Jacksonville r L ,okout Nat/ Sec, t ti� CampLej L t rr J - i, e'1 Michael Baker Eng;—ing. Inc. Figure 10 B R`ge1" Pe*..y 0 2.5 5 10 15 SW. CaN Cary, Nang Caroline 2]518 Reference Sites Map Plwrm. 919 463 5488 Miles Fa.. 9'a.463.54W Hell Swamp Site 0. r ?O 1,2 N 0 N Cyp OJ m N? M M N ?? N U! ?? O °J O O? m 1r° r r W r?^° ? N tO N O N N N y d' (N (off V N,(? N. I 12 2 2 o I p O'I M N N N? N ? N r N M (p M O M ? W? (° M m V V? m D7 V Ol d V V N V W V d? r r .- A?? d? UppJ ? Np Ifl Np d (O N N t0 N N L W ? .- W OJ c0 d V ? R ? ? 0 OJ M (° [D °] N cp O O A O A m r/i N M rA t? N N N N N N L? .- .- .- .- 2 0 OI O OI °? 2 (? M M M 2 2 L 2 .- ? N ?? ? ? N O N N? ? 01 N H H it N N ik # 3k # ik # ' N ? r N r N ? ? ? ui c+J ? ? N O ? ? ? ? O N ? ? (° N t0 N c0 ? ("> m M N (") M M ? (V If) (V If) N N ? M cp (O M (° (° ? ? N N N ? (?°° ? m ? m (? ? ? N cV O V O N N V M1i A ? Oi A N N 01 ? R ? Oi Q ? Q Q Q Q Q Q Q ° (O O 0 0 O O U) j N O O Vl >? > >_> y, N > >? >>? J. U O ? U > U> O in U ?, u? Q > O> O jN ,n Nin LL U Q U QU U? J,LLO? ?y U y U o N Q 1. O O O O ?O O Q c0 LL N Q N 11 Q Ci O O Q 3 >N U •- Q 7 N LL O U J>>? .- U J >?>, .? 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[ti 11 of Iiv n( maGwi ara ? , ? ?, i ap5 t, [%NnIV M 39d t ? as5?lm s v 3., _a{..{ .. t+'.1 ry fb. irti n aLan hup://wxvw2.tindcrsys,coni,'scripts/testadv/usiwebbpd.dI l/usi9for"Iis-ptmap&IMk)tiseX=5 I ... 5/16/2008 PCS Compensatory Mitigation Plan A-3 Hell Swamp/Scott Creek Watershed Supporting Document A I• • PCS Compensatory Mitigation Plan A-4 Hell Swamp/Scott Creek Watershed Supporting Document E • • hRy:t,hvaw2?.sys.ccm,'zaic+sl.?eis?...&c+c+ame=taeufaerffilavv?'-?czrs?arl=ercek (: ?F [ t?s :4 :4:34::3 A!?i PCS Compensatory Mitigation Plan A-5 Hell Swamp/Scott Creek Watershed Supporting Document A P:!!'eauinv2.?uulers'Ps.c3r€thviptst?a't?+:S?iwe6upd.s#?Sa:?i:...5d 5;.5.3G?'454538prv#mme$#?on?for?;are?=ts?s?ddlayc 1=Aa?tek • AL-VI xtMv Fdr.,i7C?6/1'45j1; -54-£rGJrnil 7atiort OiwV'L*wK rtirq d-/&Lvpa+elrq d- E-*ddbat 1.?jd pmraet.fvrn • C, PCS Compensatory Mitigation Plan A-6 Hell Swamp/Scott Creek Watershed Supporting Document A --OaaJ;/xIMY ?1cse7 5d5'i ?°i?#5-5935?m gav?art-..h?oPa 1Rp do E-addtlm1 rdo,?4e0-d w?aL!um 0 aI ?} Cv 16f2W9 11H06:04 Ah7 • SUPPORTING DOCUMENT B SELECTED SITE PHOTOGRAPHS INCLUDING HISTORIC AERIALS (Note: 1964 and 1970 aerials depict an earlier project boundary) • 0 • • A tlnWw E+Mwern0 YY !?. 0 500 1,000 2,000 3,000 Heil Swamp . Feet 1964 Aerial PCS Compensatory Mitigation Plan B-1 Hell Swamp/Scott Creek Watershed Supporting Document B • • N ? ' K, ;? M s w a ( a ,. 1 a ae R s t t r vim, ' Y 4 s .: > L } Legend Property Boundary ? k e a ?ta - c'R"x F IN :t 4r z?'.? t; # ?, )LAI x , y dar A 4^ s3 ' x p ,.. "w 4, "E 1 L " a x , dehw Eipmruq Yv >M._ 0 500 1,000 2,000 3,000 Feet A , Hell Swamp 1970 Aerial • PCS Compensatory Mitigation Plan B-2 Hell Swamp/Scott Creek Watershed Supporting Document B LJ 0 PCS Compensatory Mitigation Plan B-3 Hell Swamp/Scott Creek Watershed Supporting Document B Photo 1: View NW (upstream) of Scott Creek flooding into field at farm entrance road crossing. rnoto z: view 5t (downstream) of Scott Creek at farm entrance road crossing. • • PCS Compensatory Mitigation Plan B-4 Hell Swamp/Scott Creek Watershed Supporting Document B Photo 3: View south along upper UT7 towards UT6 (main tributary to Scott Creek). rnoto 4: view soutn along ooraer of Woolard and Smith Tracts. • • 0 Photo 5: View north east along main ditch entering Scott Creek at road crossing. • SUPPORTING DOCUMENT C AGENCY CORRESPONDENCE AND ADDITIONAL INFORMATION: 1 - SOIL FERTILITY REPORT 2 - NATURAL HERITAGE REPORT ON REFERENCE FOREST • 3 - USDOI/USFWS LETTER 4 - NC NHP LETTER 5 - NC SHPO LETTER 6 - NRCS PC STATUS LETTER 7 - LIMITS OF CAMA JURISDICTION 0 • • -1- Soil Fertility Report Iwo -n a c c t ? u c' w c a ''o a? ?? ro 7ri ai t a' yy? pp c? pO 2 ? yy ?7 O o ? ? ? w ?. ? + ?+ yy Or .. V .?. d G N t.'l V] VI Z-.7- z O 7 V CLS ?.' C IT J 7 SC O? L v J 'G C ,U.. .? 'O N ? ,? y [3 C? j -c C ? v ? c, ? C U ° C v?v7 F v N ' c l o g U t, Ci a+ ? U (U c O U_ v Oj ¢ R ? d z - ' C V O '? C ' ,?' z ?5 . O c ` Q ? ' S .. 4 L i R, O _ c M O 6j Y U x z p C ?V O U X v D ? '.' G U '0 4? 70- ?.?" u (y Q V b O O N .: G ?" U 0 v G" ` c U .-. ' ?- S3, 'a 6 + ?? q C a ? j n 7i j n C C "O is O - O v U O x 'C CCO ? y e T C. S d c o b ro n Cfl v '^ ? "' c ?'v o c a C C Q a > v O fl F. css O ;n y Cq T ' ? as M Z- 0 U ? c g li-..+??J ,? rr a p J `Yn y o N e Q A o 1J O iU.. Q Q. .U V w q r C6 O M tO C A . ?Le, CL i1 a .r 1 L5 i t x 1 4 c U c? O c3 of e? Z PCS Compensatory Mitigation Plan Supporting Document C g C-1 Hell Swamp/Scott Creek Watershed • • L , J tY.i !e7 tr y ?? ? a ca ? ca c ? o o N a a '. ' may. "'. `'a `` o ?,? sra C7 ? o ca ? 'Q^ '. ka an. ? cc'w ? o o ?. °a ? a a '.?«"` ora h c o '??, m S a o $j ?- S a o ?i ? y rs o ?i d?`r a as o fa caPa a M, ? cn ? cv ? -a+ G Sd O ? V ?v M ? ^Q'??Q$ ?P "i ?. ? ? ? ??? ? g?}? fry A^? d ? n M` C"•" ? PQ ?' ? ? V5 59 2 to 19 ten) ?•1 3 -4d 5 oN o3 Tj. fir zap ' V ;g s, es A E+ h° [x c7f o it r9f ir. ? EW ti ?Xr ? C.., PCS Compensatory Mitigation Plan C-2 Hell Swamp/Scott Creek Watershed Supporting Document C • • • f L?? ? 4 ? 9 . r?"y d ? ca ?y C3 M cn ? ., ? ,v ?V tVl '?y ,Cry.% tiS ?^ry`t3. Cof Il/a ,ma,eyy ? ? ?.a L? ? 4 O ? ? O b a Y?y ? ? O 'M L7 C7 '^~i h a'a ndD N ;it C $ Cy C SP'1 ?w ? ? C? d lI1 ? ? - ? ?G C7 ? '?v i^. ? F- O ? 4103. ? ;,i- ?'+ .mow C5 ? C7 y m 4 C ?? L? G am ~ r? N si C 6 d C C ?' hl a ta`r ?,.. 4 ? ?p; O P °m C 5 C7 72 V -t? e? ? ?1 Li ?y `j . Q$? S] r1 cP] C v '?M fh ? O .. ^-t m•, •??. te, yj , +! ?: ?A at?? S.J Gi 4Z S cA ei T ?j ? ?y - P: ;1A ca A pct i) ? V+t T?7 PCS Compensatory Mitigation Plan C-3 Hell Swamp/Scott Creek Watershed Supporting Document C • • 1x11 u ?o 59, R ,? aca S..a C# O !!..y ' ' 1.1s bIW All" '. A- A .. 7- V?1 it pp t +? it , O ?? C? C G ? f•1 O N Or d:t kL AN t7; I'r? 4 M CC ti7 44?? V O -?.. .'C4 Gw^. 4 Ne 4 ` ' X " e ? I e ac a sM, r ow o oz ? ? ? ? ,? " `? r? y E•+ c? r F . i -E.. y PCS Compensatory Mitigation Plan C-4 Hell Swamp/Scott Creek Watershed Supporting Document C • .7 ?o ?ca co ? o L? ?c m M c3? vw `S -Lr' " «' LJj `r' J' ar ? zw o ? ?c ? cz m ca ? ? ? r,a o i i./1 S!'Y i H !+w q0 ?" Swr M S:ti 04 (ar t ?ni v } b a?j dn, 4p r Ma i o, '. c Qr aY :14 M? m o o o IL. c? 8 d! 8 v y a u j L"a . nq 72 4J e, aa; Y w. JS p ? tY ? S i ? ? +r d ? "? ?` ^?' ? ?Ky V .iC ?. ?" Gy ? G ? 4q YD `qF{ ^Y ? ? C ? . 'C1 ? ?' ? ? qy ^?•i ? ? ?' y?Y ' Ryi L? '?' Ri, . PCS Compensatory Mitigation Plan C-5 Hell Swamp/Scott Creek Watershed Supporting Document C • • I? y ;m l? r ?m va u ¢ I? I ? o cs ? v . c t? irk " y +? na r N 4IM ? ? V E I.CIi A'i.! S3 Icy y?.. ? o k4L 'y r ? ny O ' L7 ,W ?3 ;w PCS Compensatory Mitigation Plan C-6 Hell Swamp/Scott Creek Watershed Supporting Document C • r • SIS To 11.MPT To CIF } n « r Cf - 12SMT0 1 At ` T • -10SMR0 Pt 14SMT0 18SMCF 96AAP SMCAP 4 2MCCF 15SMAP Cf • At MCR • AP 20MCAP To 14MCDR a ;.. • Ap Ds/ 18MCCF 7MCAP Ys • 12MCPT = To SMCDR mss. rt an * 6MCDR .. 3MCPT t , AP . a a e .tea. .. To Ds 4MCTD w .. LEG= PROJECT BOUNDARY v. • SAMPLE LOCATION ?@ r NOTES. -SAMPLES TAKEN BY CZR INCORPORATED, 23 MARCH 2008 0 1.3100 3.000 -EACH SAMPLE CONSISTS OF 30HREE) SUB-SAMPLES -EACH SUB-SAMPLE TAKEN WITH HAND AUGER AT AN 83 SCALE IN FEET INCH DEPTH DRAFT SYMBOL SOIL NAME SOIL-SAMPLE LOCATIONS FOR FERTILITY ANALYSIS AP ARAPAHOE (MINERAL) HELL SWAMP At AUGUSTA D CAPE AGSTO FINE SANDY LOAM PCS PHOSPHATE COMPANY, INC. Me MUCKALEE (MINERAL) Pt PORTSMOUTH (MINERAL) Ro ROANOKE (MINERAL SCALE: AS SHOWN APPROVED BY: DRAWN BY: BFG/TU Sb SEABROOK LOAMY SAND To TOMOTLEY (MINERAL) DATE: 06/09/08 FILE: HE1L591P-son.-FERr-MR Q HYDRIC SOILS ® CPS 1745.59.66 NON-HYDRIC SOILS !1 ACRES op IFM COLLEGE NOTE: ONLY HYDRIC SOILS ARE DESIGNATED K 1 ILMI"aN, Now" CARM?11261011 MINERAL OR ORGANIC 0 MOOIIPOIIAT[0 T4 t1o/!a-6ma rr.o.?a rnuurrm FAX 910/994-9130 PCS Compensatory Mitigation Plan Supporting Document C C-7 Hell Swamp/Scott Creek Watershed -2- SITE SURVEY REPORT FORM 0 NC Natural Heritage Program SITE NAME: Hell Swamp Hardwood Forest DATES VISITED: March 26, 2007 INVESTIGATORS: Mike Schafale, Julia Berger (CZR), Lorrie Laliberte CZR) REPORT AUTHOR: Mike Schafale OWNER: The Windley family owns the most significant portion. PCS Phosphate owns 900 acres adjacent to the east, including part of the Scott Creek headwaters. OWNER CONTACT: Contact through Julia Berger COUNTY: Beaufort QUAD: Pantego SIZE: primary 44.24 acres, secondary 26.12 HOW DETERMINED: GIS. LOCATION: Located in far eastern Beaufort County, north of Pungo Creek, northwest of the community of Smithtown and southwest of Pantego. It lies midway between US 264, Seed Tick Neck Road (SR 1714), NC 92, and Creek Road (SR 1715), near the headwaters of Scott Creek. PROVINCE: Coastal Plain WATERSHED: Pungo River GENERAL DESCRIPTION: This site is a remnant of the extensive nonriverine wetland known as Hell Swamp. It is a patch of Nonriverine Wet Hardwood Forest in very good condition. The community remnant is fairly small, but is in excellent condition. SIGNIFICANCE OF SITE: Regional or State, depending on the fate of other comparable sites. Examples of Nonriverine Wet Hardwood Forest sites continue to be lost or reduced at a rate of several per year. If this site is not one of the few best examples in the state at present, it may be in the future. PHYSICAL DESCRIPTION ASPECT: Flat. SLOPE: Essentially flat. ELEVATION: TOPOGRAPHY: Essentially flat, but with a very gentle slough oriented north-south through the middle. The highest part of the Windley tract is the far northern end. HYDROLOGY AND MOISTURE: Seasonally saturated in most. 0 GEOLOGY: Yorktown Formation - unconsolidated sediments PCS Compensatory Mitigation Plan C-8 Hell Swamp/Scott Creek Watershed Supporting Document C SOIL (from USSCS soil map): Cape Fear (Fine, mixed, semiactive, thermic Typic Umbraquults) COMMENTS ON PHYSICAL DESCRIPTION: is NATURAL COMMUNITY DESCRIPTION Nonriverine Wet Hardwood Forest: Occurs near the north end of the triangular forest remnant on the Windley tract. Most of the community is the Oak Flat Subtype, with a canopy dominated by Quercus michauxii, Quercus pagoda, Quercus laurifolia, Liquidambar styraciflua, and Acer rubrum. Pinus taeda and Quercus nigra are present in some parts. The understory is dominated by Ilex opaca, with Persea palustris common in parts. Carpinus caroliniana is absent. The shrub layer is patchy, with Arundinaria tecta and Leucothoe axillaris dominating. Herbs are sparse - mainly scattered Woodwardia areolata. The canopy is very mature in the best portion, with trees averaging 14" dbh or more and large trees frequent. Several oaks were measured at 90 cm dbh and more. This very mature portion has a scattering of recent canopy gaps and a scattering of old tip-up mounds, suggesting little past cutting and old-growth or near old-growth condition. This portion is just south of the northern end of the tract. Farther south, as well as at the north end, the forest is of successional composition, with large Pinus taeda dominating. Another hardwood patch present farther south shows evidence of more recent logging. Canopy trees average 10-12" dbh, but Quercus nigra is dominant and the more characteristic oaks are scarce. There are visible skidder ruts, and the shrub and understory are less diverse. A small area of the Oak-Gum Slough Subtype is present, in a wet swale in the middle of the forest. There is extensive shallow standing water in this section, in contrast to the other subtype. The canopy in this subtype is dominated by Liquidambar styraciflua, and has more Quercus laurifolia and a little Nyssa biflora. Quercus michauxii and . pagoda are absent or scarce in this subtype. The understory and shrub layer are sparse. Herbs are scarce, at least those that would be visible this early. Saururus cernuus was seen in one slough. Swamp at the head of Scott Creek: This is a community of uncertain interpretation. It occurs in a gentle swale that connects to the head of the more obvious course of upper Scott Creek. It shows up as a somewhat discontinuous line of hardwoods in a matrix of pine stands. The ground in this band is wetter that the area surrounding it. There is no defined channel, and disjunct deeper pools are scattered along it. The deepest pool has only a sparse canopy consisting of sprout clumps of Acer rubrum and Nyssa biflora, and the water looks like it might be 2 feet deep. Julia Berger reports that the Lidar-based topography shows this band to be a lower swale running upstream from Scott Creek, but that there appears to be a divide just west of the deepest pool. I would guess the natural community would be Nonriverine Swamp Forest, but it might be the Oak-Gum Slough subtype of Nonriverine Wet Hardwood Forest. It is an incipient drainage, however. OTHER NATURAL COMMUNITIES PRESENT: Young successional area in a recent clearcut in Nonriverine Wet Hardwood Forest: Some Liquidambar and Pinus saplings are establishing. The Leucothoe and Arundinaria shrub layer appears to have survived and occurs at about the same density as in the forest. There is a fairly dense tall herb layer that includes Saccharum sp., Andropogon sp., and Eupatorium capillifolium. • PCS Compensatory Mitigation Plan C-9 Hell Swamp/Scott Creek Watershed Supporting Document C ANIMAL HABITAT FACTORS HABITAT HETEROGENEITY: Artificially high. Fields and recent clearcuts contrast with the small forest and presumably create edge effect. AMPHIBIAN BREEDING SITES: Abundant seasonally puddles. DENNING SITES: Large old trees. BIG TREES/LARGE CAVITIES: Trees up to near a meter in diameter, with buttresses even larger, are present. SNAGS AND LOGS: Moderate numbers, probably near natural abundance. MAST PRODUCING SPECIES: Abundant. Oaks are dominant. Soft mast may be scarce. NECTAR SOURCES: Leucothoe. PRESENCE OF WATER: Abundant at this time, but may become scarce later in the season, except for ditches. AQUATIC HABITAT FACTORS HYDROLOGY (order, flow rate, persistence): No real stream present in this area. The secondary area has a faint drainage which must flow at times of high water. It has a ponded area along it which appears 10 to sit at the drainage divide, with slope going east and west out of it. SPECIAL STATUS SPECIES PRESENT: Julia Berger says that the Windleys report Crotalus horridus is present. Listera australis (W1) is present both in the Nonriverine Wet Hardwood Forest and in the swamp. POTENTIAL FOR OTHER SPECIAL STATUS SPECIES: Low for most. Black-throated green warbler is a possibility. OTHER NOTEWORTHY SPECIES OR FEATURES PRESENT: SITE ECOSYSTEM INTEGRITY: Moderate. The community is in excellent condition, but the intact patch is small and is subject to edge effect. It is connected to an area of mature successional pine forest, but most of the surrounding landscape is pine plantation and fields. AVERAGE DBH OF CANOPY TREES: 14-16" in the most mature Nonriverine Wet Hardwood Forest. MAXIMUM DBH OF CANOPY TREES: 36"+. DISTURBANCE-SENSITIVE SPECIES: Rattlesnakes. FIRE REGIME: A little charring on one stump, probably caused by lightning. Forest fire is unlikely. PCS Compensatory Mitigation Plan C-10 Hell Swamp/Scott Creek Watershed Supporting Document C OTHER DISTURBANCES OR IMPACTS LOGGING: Most of the surrounding landscape has been altered by logging. The pine-dominated successional forests presumably represent the result of past logging, long ago. The younger hardwood forest was clearly logged several decades ago. FARMING: A large field is adjacent. DITCHES: Ditches border the most significant community patch on both sides. Ditches also line both sides of the timber road that runs up into the Windley tract from the south. ROADS: One well-built timber road on the Windley tract. ALTERED FLOOD REGIME: Altered by ditches and regional drainage to some degree. It is difficult to tell how much. EXOTIC/WEEDY SPECIES: None noted in the intact communities. Weedy species are common in the more disturbed areas. No serious invasive species were seen. UNDERSTORY CLEARING: No. DIRECT HUMAN INTRUSION: Some hunting occurs. Deer stands are present. LANDSCAPE FACTORS BOUNDARY INTEGRITY/SHAPE: The natural part of the site is small and subject to edge effect. ADJACENT LAND USE/OFFSITE STRESSES: A cultivated field bordering the site on the east side is planned for restoration. A young pine plantation borders on the west side. Older successional pine stands border to the south and north, and a recent clearcut is nearby. RELATION/CONNECTION TO OTHER SITES: DEGREE OF THREAT/POTENTIAL FOR CHANGE: BOUNDARY JUSTIFICATION: The primary boundary encompasses the remaining intact Nonriverine Wet Hardwood Forest. It is marked by fields, young pine plantation, and old loblolly pine stands. The boundary with the older pine is somewhat indistinct. A secondary boundary is drawn to encompass the drainage system north of the primary area, with its distinctive ponded area. This area is of scientific interest but is not in good enough condition to be considered primary area. A connection of this drainage to the primary area is also included in the secondary boundary. RECOMMENDATIONS FOR PROTECTION: This site would be worthy of acquisition for conservation, or protection by conservation easement. • PCS Compensatory Mitigation Plan C-11 Hell Swamp/Scott Creek Watershed Supporting Document C MANAGEMENT RECOMMENDATIONS: No specific management needs are known. The site is presumably affected by drainage in the adjacent fields, as well as by edge effect. Study of these effects or measures to mitigate them would be appropriate. Restoration of the adjacent field for wetland mitigation i ?I is being considered. NEED FOR FURTHER STUDY: Low. PLANT SPECIES OBSERVED Thoroughness of list: Moderate (mostly winter aspect) W = Nonriverine Wet Hardwood Forest S = swamp at head of Scott Creek c = recently clearcut area canopy Acer rubrum W, S c Liquidambar styraciflua W c Liriodendron tulipifera W c Nyssa biflora W, S C Pinustaeda W c Quercus falcata (W) c Quercus laurifolia W c Quercus michauxii W c Quercus nigra W C Quercus pagoda W c understory Acer rubrum W u Cyrilla racemiflora W u Ilex opaca W u Magnolia virginiana W u Persea palustris W U • PCS Compensatory Mitigation Plan C-12 Hell Swamp/Scott Creek Watershed Supporting Document C shrub layer Arundinaria tecta W, c s Clethra alnifolia c s Leucothoe axillaris W, c s Symplocos tinctoria W s Vaccinium formosum? W s vines Berchemia scandens W v Smilax (rotundifolia?) W v herb layer Andropogon glomeratus c h Andropogon sp. C h Carex spp (at least 4 spp.) W h Chasmanthium laxum W h Eupatorium capillifolium c h Listera australis W, S h Mitchella repens W h Rhexia alifanus c h Saccharum sp. c h Saururus cernuus W h Sphagnum spp. W h Thelypteris palustris? W h Woodwardia areolata W h ANIMAL SPECIES OBSERVED Thoroughness of list: Casual White-tail deer (numerous tracks) Black bear (likely claw marks on tree) PCS Compensatory Mitigation Plan C-13 Hell Swamp/Scott Creek Watershed Supporting Document C Wild turkey 0 Pileated woodpecker Common crow Carolina chickadee Tufted titmouse Pine warbler Yellow-throated warbler Crayfish • PCS Compensatory Mitigation Plan C-14 Hell Swamp/Scott Creek Watershed Supporting Document C -3- / FyS-, S27, ln(o • United States Department of the Interior Wilmington, NC you for your October 2, 2007 letter regarding the Bay City Farm and Hell Swamp Mitigation Sites in Beaufort County. I compared your site maps with our N.C. Natural Heritage Program (NCNHP) data and, to the best of my knowledge, no federal or state listed species have been observed on or near these properties. I would, however, encourage you to conduct surveys on these properties for the federally threatened sensitive jointvetch (Aeschynomene virginica). There are several historic records for this species in Beaufort and Hyde counties. While sensitive jointvetch is typically found in brackish marshes around the Chesapeake Bay, many of the N.C. populations were found in moist roadside ditches and along the edges of farm fields. Based on the aerial photography that you provided, it looks like your sites might have this type of suitable habitat. FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office a ?,o Box 33726 Raleigh, North Carolina 27636-3726 October 18, 2007 Julia Berger nr ?, CZR Incorporated 4709 College Acres Drive, Suite 2 Wilmington, NC 28403-1725 CZF incorpora:=d Hi Julia, Given the limited work that I've done with this species, it seems to be late to genninate so I wouldn't do surveys before late July; however, you should be able to conduct surveys through the first hard frost After looking at a bunch of Aeschynomene specimens in herbaria and the field, I believe that there is considerable overlap in some of the key characteristics, especially leaflet size and flower color. The best character that I've been able to use to distinguish A. virginica from A. indica is stipe length. The stipes of mature fruits on A. virginica tend to be greater than 10 mm and for A. indica, less than 10 mm. Good luck with your surveys and please let us know what you find. In August of this year, Misty Franklin and I revisited most of the NCNHP' sites for sensitive jointvetch and we didn't find any plants at any of the historic locations. We would be happy to work with you and PCS Phosphate to protect any sensitive jointvetch that you may find while allowing you to meet your wetland mitigation goals. Please contact me at (919) 856-4520 extension 18 or Dale SuiterOfws.aov if you have any questions regarding sensitive jointvetch. Regards ? c ? J e? h,?lrl?s s vi ? s cc?,.?e1? Dal )Wler Endangered Species Biologist i I PCS Compensatory Mitigation Plan C-15 Hell Swamp/Scott Creek Watershed Supporting Document C • -4- / 45ENR North. Carolina Department of Environment and Natural Resources Michael F. Easley, Govemor William G. Ross Jr., Secretary November 7, 2007 Julia Kirkland Berger CZR Incorporated 4709 College Acres Drive, Suite 2 Wilmington, NC 28403-1725 Dear Ms. Berger: • I have checked the Natural Heritage Program records for the Bay City Farm and Hell Swamp mitigation sites. We have no records of any rare species from these specific sites. The red wolf (Canis rufus) is a wide-ranging animal that occurs in Beaufort County, and could potentially use the sites. The pygmy rattlesnake (Sistrurus miliaris) is known within a couple of miles of the Hell Swamp site and could also potentially be present there. In addition, a remnant of the very rare Nonriverine Wet Hardwood Forest community type is present in the Hell Swamp area, and is a significant feature of that site. Sincerely, Michael P. Schafale Natural Heritage Program R i, 1995 U WR NOV 1 Z 0 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-733-49841 FAX: 919-715-30601 Internet: www.enr.state.nc.us/ENR An Equal Opportunity l Affirmative Action Employer -50% Recycled 110% Post consumer Paper 0 PCS Compensatory Mitigation Plan C-16 Hell Swamp/Scott Creek Watershed Supporting Document C -5- /7 X13l (?G1 a1r,"* e°`SWE° North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Sattdheck, Administrator Michael F. Ea ky, Govemar Off - of Archives and History Ubeth C. Evans, Secretary Division of Historical Resources Jeffrey J. Crow, Deputy Secremry David Bmok, Director November 1, 2007 Julia Kirkland Berger CZR Incorporated 2151 Alternate AIA South Suite 2000 Jupiter, FL 33477-3902 Re: Mitigation Site, Hell Swamp Wetland Restoration, West of Belhaven, Beaufort County, ER 07-2167 . Dear Ms. Berger: Thank you for your letter of October 2, 2007, concerning the above project. We have conducted a review of the proposed undertaking and are aware of no historic resources that would be affected by the project. Therefore, we have no comment on the undertaking as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Oftr Peter Sandbeck f i CZ1 InOUrpcr :-ed wlmoga n. PiC Lq tion: 109 Bast Jonrs Street, Raleigh NC 27601 MalRng Address 4617 Mail Service Center, Raleigh NC 27699-0617 Telephone/Fax: (919) 807-6570/8076599 • PCS Compensatory Mitigation Plan C-17 Hell Swamp/Scott Creek Watershed Supporting Document C i -6- U /? United States Farm 155 B Airport Road DA Department or Service Washington, North Carolina 27889 Agriculture Agency Tel: 2321946-1076, Extension 2 Fax: 2521946-2501 July 9, 2008 Mr. Curtis H. Brown Land Supervisor PCS Phosphate Company Inc Post Office Box 425 Aurora, North Carolina 27806 Dear Mr. Brown: With assistance from NRCS District Conservationist Rodney Woolard, I have researched the "PC" (prior converted cropland) determinations on FSA tract numbers 1002, 3726, 3728 and 40674. We have verified that tracts 1002, 3726 and 3728 are determined gfpc" For tract 40674, we can not verify a "PC" determination. Mr. Woolard stated that this property had been cleared after 1985. The majority of the property is non-wetland, however, there are a few isolated wetlands present. Further documentation is available at the Beaufort Soil & Water Office. Also, tract 4o674 is no longer a valid tract number in FSA records. If we can be of further assistance, please feel free to contact us. Regards, J nie E. Setser County Executive Director PCS Compensatory Mitigation Plan C-18 Hell Swamp/Scott Creek Watershed Supporting Document C F1 L---A -7- Julia Berger From: Sam Cooper [scooper@czr-inc.com] Sent: Thursday, May 31, 2007 1:12 PM To: JFurness@Pcsphosphate.com; 'Julia Berger; 'Jim Hudgens% Norton Webster Cc: 'Steve Trowel/; Jones, Scott SAW; Kyle Barnes Subject: CAMA AEC jurisdictional areas - Scott Creek All, l talked with Steve Trowell (Washington County rep for Division of Coastal Management) yesterday regarding CAMA AEC jurisdictional areas associated with Scott Creek, Beaufort County. He and Terry Moore visited the site on 16 May 2007 and determined that public trust areas extend upstream to the 1?1 road/culvert crossing north of NC 92/99. This is the main farm road crossing of Scott Creek in the McMullan Tract He also said they would claim some coastal marsh north of NC 92/99. AEC shoreline would conform to a 30-foot offset of public trust areas, since this is an "inland" creek. Samuel Cooper CZR Incorporated 4709 College Acres Or., Suite #2 Wilmington, NC 28403 910 392-9253 - phone 910 392-9139 - fax scooper@czr-inc.com cp# 1745.59.66 No virus found in this incoming message. Checked by AVG - www.avq.com Version: 8.0.2331 Virus Database: 270.10.14/1918 - Release Date: 01/27/09 07:26:00 1] PCS Compensatory Mitigation Plan C-19 Hell Swamp/Scott Creek Watershed Supporting Document C • SUPPORTING DOCUMENT D HELL SWAMP SITE EXISTING CONDITION STREAM CROSS SECTIONS n LJ 0 • • r? 1.J Stream BKF Max BKF Feature Type BKF Area BKF Width Depth DePth W}D BH Ratio ER BKF Elev TOB Elev Drainage Ditch F 10.1 11.72 0.86 1.18 13.58 2.7 1.2 -07 1.34 Stream BKF Max BKF Feature Type BKF Area BKF Width Depth Depth W1D BH Ratio ER BKF Elev TOB Elev Drainage Ditch F 12 24.13 0.5 0.99 48.44 2.8 1.2 -1.3 0.5 Cross-section 2 - Scott Creek 4 3 $ 2 = 1 0 71 > 0 d w -1 -2 -3 0 50 100 150 200 250 300 350 400 Station (ft) •-Q--Ban kfulI --. 0--- Floodprone PCS Compensatory Mitigation Plan Supporting Document D D-1 Hell Swamp/Scott Creek Watershed • • • Stream BKF Max BKF Feature Type BKF Area BKF Width Depth Depth W1D BH Ratio ER BKF Elev TOB Elev Drainage Ditch F 13.1 23.5 0.56 112 42.07 2.4 1.3 -0.9 0.71 Cross-section 3 - Scott Creek 4 3 2 ? 0 1 ? 0 .... m w -1 - -2 -3- 0 50 100 150 200 250 300 350 400 Station (ft) • • 4• • • Bankfull • • 9 -Floodprone Stream BKF Max BKF Feature Type BKF Area BKF Witch Depth Depth W1D BH Ratio ER BKF Elev TOB Eiev Drainage Ditch F 1.9 6.64 0.28 0.52 23.46 2 1.5 -0.28 0.26 Cross-section 1- UT4 2.5- 2- 1,5- c 0 1 0.5- 0- -0.5- 0 -1 50 100 150 200 250 300 Station (ft) ••. G-- Bankfull -• - Floodprone PCS Compensatory Mitigation Plan D-2 Hell Swamp/Scott Creek Watershed Supporting Document D • SUPPORTING DOCUMENT E HELL SWAMP SITE WORK PLANS • 0 • Technical Memorandum Project: Hell Swamp Restoration Site Prepared By: Baker Engineering Subject: Narrative Regarding Construction Prepared For: PCS Phosphate Techniques for Scott Creek Channel Date: March 11, 2009 The purpose of this document is to provide additional information regarding the construction techniques to be used in the restoration of the Hell Swamp site; specifically, the approach to filling and restoring the Scott Creek canal. The overall intent of the restoration plan for the entire site is to restore the drainage features as closely as possible to their condition prior to drainage and channelization for agriculture. Therefore, all drainage ditches and canals within the restoration area, including the Scott Creek canal, will be completely filled and the surrounding topography restored to pre-disturbance elevations. A longitudinal profile for the entire Scott Creek system is included in Figure 1, and provides a comparison between the existing depth and elevation of the canal versus the proposed restoration design. The example cross-sections that follow in this text are referenced in terms of the longitudinal profile stationing shown in Figure 1. At the upstream extent of the Scott Creek restoration, the design has been developed to restore the functions of a small, braided headwater stream and wetland system. This will be accomplished by filling the existing ditches and grading the valley bottoms such that flows will be diffuse, spreading across the restored wetland floodplain (Figure 2). This approach will be used from longitudinal station 10+00 through 43+00, as indicated on the design plan sheets for the site. Beginning at station 43+00 and continuing through station 55+70, the restoration design for Scott Creek will involve the construction of a single-thread, meandering sand bed channel. This design approach is based on analysis of erosive forces and sediment transport, as more thoroughly described in the Mitigation Plan document for the site. Starting at station 43+00, the channel excavation will begin at a shallow depth (0.2 - 0.3 feet) and gradually increase to a maximum depth of 1.0 - 1.5 feet for the middle portions of the reach (Figure 3). Likewise, at the downstream end of the reach, the restored channel depths will gradually decrease until reaching station 55+70 where the restored channel will lose definition and will flow back into a braided, meandering stream system across the restored floodplain. A slope of approximately 30:1 will be used at both ends of the single-thread section to gradually connect the braided stream sections with the meandering, single-thread channel. • Page 1 of 6 • • • W c U ?- .? ------ - \ C yN xx9 // U U) , C O O C ` a Y O O u? ? r8 b r I l W U x ? I I I ? H D V H ? ' Cl) c Y --------- ------------ -----i ---------- N --- err= L) D ' ----- _ -. O l - L -- ------------- -----------_- i? - - - - - - -- ---.------ GO O 7 N O N (4) UOIIBA813 6 c c ? L U t F- ? c 8.2 N U of Cn °s °o 00 0 0 0 °o O O C y o C o ?p ? w O J O 7 S 0 N 1 Q 3 u u RS CC L' L" i. w y ° a? ?U r+y O I v U ° w u .? 3 a ... ° ?M ° H w ? Page 2 of 6 • • Cross-section 34+00 Headwaters Section 6 - - - - - - --- - - - 5- •-- 4 ------ +K 0 3 Ta W 2 1 - - - - - - Existing Ground Proposed Design 0 20 40 60 80 100 120 140 160 180 200 Station (ft) Figure 2. Example cross-section from the headwaters section (10+00 through 43+00) of Scott Creek (looking downstream). 0 20 40 60 80 100 120 140 160 180 200 Station (ft) Figure 3. Example cross-section from the single-thread section (43+00 through 55+70) of Scott Creek (looking downstream). 3.5 3 2.5 2 w c 1.5 0 Y > 1 0 W 0.5 0 -0.5 -1 Page 3 of 6 Cross-section 49+50 Single Thread Section of Scott Creek From station 55+70 through station 62+00, the restoration approach will be similar to that used for the headwaters section. The existing Scott Creek canal will be completely filled and the valley bottom graded to approximate pre-disturbance contours and elevations (Figure 4). This design approach was chosen due to the very low slope of the valley along this section that is more typical of braided stream and wetland systems. Along this reach, the low point of the restored valley will be located near the existing location of the Scott Creek canal. The restored valley bottom will be approximately 2.5 to 3.0 feet higher than the existing canal bottom, and will allow flows to transition to braided floodplain flow prior to entering the wooded historic floodplain downstream (adjacent to the area of CAMA jurisdiction). Cross-section 56+50 Braided Section of Scott Creek, Upstream of CAMA Jurisdiction • 3 2.5 2 1.5 o 0.5 - , 0 ' W -0.5 , -1 ' -1.5 - - - - -2 --- _ - - - -- - - _ 0 20 40 60 80 100 120 140 - - - - Existing Ground Proposed Design 160 180 200 Station (ft) • Figure 4. Example cross-section from the braided section (55+70 through 62+00) of Scott Creek, directly upstream of CAMA jurisdiction (looking downstream). Beginning at approximate station 62+00 and continuing to station 88+00, the natural fall of the valley lies to the south of the existing Scott Creek canal. As shown clearly in historic aerial photographs, the Scott Creek canal along this reach was excavated sometime between 1964 and 1970. The canal was excavated along the northern edge of the stream/wetland system and not along the topographic low point of the valley, most likely due to extremely wet conditions in the center of the system. As a result, much of the historic floodplain to the south of the canal is too wet for agricultural uses and has been left wooded. Beginning at station 64+80, an access lane through the trees follows along the northern side of the existing Scott Creek channel. The lane has been used over the years to keep the canal clear of blockages. This lane will be used during restoration to fill this section of the Scott Creek to pre- disturbance contours. Spoil piles that were created during excavation of the canal will be deposited back Page 4 of 6 C. into the canal as fill material. Once filled, water flow along the restored Scott Creek will follow the topographic low point of the valley through the wooded area to the south (Figure 5). The flow will follow a braided pattern through the floodplain as the system would have functioned prior to disturbance. Cross-section 63+50 Restored Floodplain Connection Near Upper Limits of CAMA Jurisdiction 2 1 0 ? -1 0 R > -2 m W -3 -4 0 -5 Station (ft) Figure 5. Example cross-section from the historic floodplain section (62+00 through 88+00) of Scott Creek, where flow will be directed onto the relic floodplain of Scott Creek along its historic flow path (looking downstream). Beginning at approximate station 92+30, the restored Scott Creek system must transition back to the channelized canal at the downstream limit of the project. In this area, water surface elevations are under tidal influence and due to ground elevations near 0.0, the area is most often under backwater effect. Beginning at station 92+30, fill of the canal will be tapered down at a 10:1 slope until reaching the existing bottom elevation of the canal (Figure 6). This fill slope will be completely submerged under normal water conditions; therefore excessive scour or erosion of the fill material is not expected. Page 5 of 6 0 50 100 150 200 250 • Profile Through Channel Fill at End of Scott Creek Restoration FLOW Floating Silt Curtains (temporary) 1 / Average Water Level i 0 ' c -1 10 -2 Fill Material W -3 ---------- ---------------------- - - - ----- -4 Proposed Designl - - - -Existing Canal ? -5 9210 9220 9230 9240 9250 9260 9270 9280 9290 9300 9310 Station (ft) Figure 6. Profile through channel fill at the end of the Scott Creek restoration reach. • Tributarv Connections Six smaller tributaries will flow into the restored Scott Creek system along its length (Figure 1). The restoration approaches for these tributaries will be comparable to the design approach described for the headwater sections of Scott Creek (station 10+00 to 43+00). The design approach will restore the functions of small, braided headwater stream and wetland systems. This will be accomplished by filling the existing ditches and grading the valley bottoms such that flows will be diffuse, spreading across the restored wetland floodplain. The downstream grades of the tributary valleys will match those of the restored Scott Creek floodplain, such that tributary flows enter the system without causing scour or erosion. • Page 6 of 6 SUPPORTING DOCUMENT F HELL SWAMP HYDROLOGIC MODEL ANALYSIS SUMMARY r? ?.J 0 Hydrologic Model Analysis Wetland hydrology is one of three determinant factors in the attainment of restored wetlands. The Corps of Engineers Wetland Delineation Manual (Wetlands Research Program Technical Report Y-87-1) provides the minimum criteria that all types of wetlands possess. This minimum definition is that wetland hydrology exists if, during the growing season, the water table is normally within 1 foot of the soil surface for a continuous period of 5 to 12.5 percent of the growing season. The growing season is accepted to mean the period of time between the average last day in the calendar year having an air temperature of 28° Fahrenheit in the spring and the first day having an air temperature of 28° Fahrenheit in the fall. Since the water table is typically rainfall dependant, and rainfall and temperature vary by location, the Natural Resources Conservation Service (NRCS) has published data that lists the average rainfall and the growing season for a given region. This data, also known as the WETS data, shows the Aurora weather station in Beaufort County has a growing season of 282 days and a normal rainfall of 50 inches. DRAINMOD is a computer program that can be used to predict the water table depth on a day-to-day basis over several years, thus allowing the model to predict hydrology for dry, average and wet years. The program was written by Dr. Wayne Skaggs in 1978 at the North Carolina State University and has been found to be reliable on a wide range of crops, trees, soils and climatological conditions. The program is recognized by the NRCS and is used by their staff for work in predicting the water table elevations in drained and undrained soils. Data needed for the model includes hourly rainfall amounts and temperatures, soil properties including lateral permeabilities, site drainage geometry, and crop type. A minimum of 20 years of rainfall and temperature data should be used to capture dry, average and wet years. Key parameters for each condition (existing, post construction riparian, and post construction non-riparian) were used in the modeling. The key pre-restoration parameters for modeling the existing system are: ditch spacing 200 feet, ditch depth 2 feet, surface storage 0.5 inch and average rooting depths representing typical crops. For post restoration modeling, two types of wetlands were modeled: riparian and non- riparian. Modeling for the post restoration, non-riparian areas are for those areas of the site that are at least 200 feet from the stream or headwater valley invert which, from this distance, would leave this location with no detectable drainage. The following parameters were used to represent the non-riparian portion of the site: ditch spacing 400 feet with a ditch depth of 2 inches, surface storage representative of the restored site was set at approximately 1.2 inches, and average rooting depths typical of a forested condition. Modeling for the riparian sections of the site represents those areas of the site that are adjacent to the proposed headwater valleys. Valley width for this type of system can vary between 100 and 200 feet. An average distance of 150 feet was used for the ditch spacing in the model. The model will predict the water table depth at the midpoint between the 150 foot ditch spacing; 75 feet. A ditch depth of 4 inches was used for the valley invert and a surface roughness of 1.8 inches was used for the surface storage. PCS Compensatory Mitigation Plan F-1 Hell Swamp/Scott Creek Watershed Supporting Document A • Thirty-seven (37) years of data from the Belhaven weather station were used in the model. Data from adjacent stations was used to supplement missing records of hourly temperature or rainfall in the Belhaven set. is One indicator of the hydrology present is the longest number of consecutive days that the water table is within the range of the wetland criteria. The table below shows the longest number of consecutive days for the riparian and the non-riparian wetlands. In the time period modeled, the riparian areas calculate to be wetter in 25 of 36 years, while the non-riparian areas are wetter in 2 out of 36 years. of c ?. O ,,LRR V 0 t L « E Z O m S > L c °r o ?Um C C to V r « d all? c r 0 160 140 - 120 100 - - 80 - 60 - - - 40 20 i O _. . - O N O C O O ¦ Riparian Non-riparian .00 . co 0 ONO 0W0 W _ 0 0. 0 . O 0 O 0 O O CDO O N N Model Year Does not Include overbank flooding or wind tides • While these scenarios were modeled to represent average conditions across the restored wetland site, it is important to note that the model predicts conditions at a specific location and that the hydrology across the sit a is expected to be variable, based on topography, soils, and varying water inputs. It is also important to note that DRAINMOD does not account for overbank flooding events or wind tides and, therefore, model simulations for floodplains may be conservative (i.e., actual conditions will likely be wetter than predicted). The modeled scenarios provide a basis for estimating the average hydrologic condition over the restored site; however it is important to note that the hydrology of the targeted restored wetland system (Coastal Plain small stream swamp) is highly variable across a given site, supporting the ecological and functional diversity that makes these systems valuable. Areas of the restored site that are drier than the conditions predicted but still exhibit jurisdictional wetland hydrology should be considered successful and part of a diverse wetland community. PCS Compensatory Mitigation Plan F-2 Hell Swamp/Scott Creek Watershed Supporting Document A • ATTACHMENT E Consultant Authorization Form n U 0 LA.. TA NCDEN R North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary Date 24 April 2009 Name of Property Owner Applying for Permit: PCS Phosphate Company, Inc. Mailing Address: 1530 NC Highway 306 South Aurora, NC 27806 I certify that I have authorized (agent) CZR Incorporated to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) stream and wetland restoration at (my property located at) Hell Swamp Restoration Site, SR174, Pantecto Township, Beaufort Couty. This certification is valid thru (date) 31 December 2009 -?.','A q 1,,?.qIo Property Owner Signature Jeffr?y C. Furness Date 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-3330 t Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper • ATTACHMENT F Wetland Delineation Summary • 1. Areas of coastal marsh AEC and coastal shoreline AEC were added subsequent to submittal of this package to Corps. These AECs are depicted on Figure 2 of this application. 2. The parcel boundary has changed since the JD. The current boundary is depicted on Figure 2 of this application. 3. Original JD double counted a 193-foot stream segment (total 26,602 linear feet as shown in JD package figures). Accurate linear feet of jurisdictional stream on Hell Swamp total 26,409. E U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2008-02014 County: Beaufort U.S.G.S. Quad: Pa_ ntego NOTIFICATION OF JURISDICTIONAL DETERM -' Property Owner/Agent: PCS Phosphate, Incoproated Address: c/o Mr. Jeff Furness ; i 1530 North Carolina Highway 306 South JUL 3 1 ZOOS aurora, North Carolina 27806 Telephone No.: (252) 322-8249 CZR Incoroora:ad Property description: Witrrlnot-n, t`N C Size (acres) 1,266 acres Nearest Town Belhaven Nearest Waterway Scott Creels River Basin Tar-Pamlico USGS IIUC 03020104 Coordinates N 35°31.'20" W 76140149" Location description An approximate 1.266 acre site located west of the Seed Tick Neck Road and North Carolina IIi hwav 99 intersection adiacent to Scott and Smith Creeks south of the Town of Belhaven in Beaufort County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). 0 B. Approved Determination X There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. l The wetland on your property have been delineated and the delineation has been verified by die Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey sliould be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in die law or our published regulations, may be relied upon for a period not to exceed five years, _ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by die Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC I344). Unless there is a change in the law or our • published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Page 1 of 2 Action Id SAW-2008-02014 . 0 I'll, - I I I . ........ . .. ...... ............... . ..... .......... .. ........... . . X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA). You should contact the Division of Coastal Management in Washington, NC, at (252) 946-6481 to determine their requirements. Placement of dredged or till material within waters of the US and/or wetlands without a Department of the Army permit nnay constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Scott Jones at (252) 975-1616, extension 27. C. Basis For Determination This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is part of a broad continuum of wetlands connected to Scott and Smith Creeks, tributaries of tine Pamlico River. Waterbodies exhibit an Ordinary High Water Marl: as indicated by changes in soil character and absence of terrestrial vegetation and are hvdl'ologically connected to the Pamlico River. D. Remarks Previous 'urisdictional determination revised and re-issued for 287-acre portion of this tract on 7/2812004 to a previous property owner Mr. J. G. Smith. Jr. Action ID 2001101.29 . E. Appeals Information (This information applies only to :approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: • District Engineer, Wilmington Regulatory Division Attn: Scott Jones, Project Manager, Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889 In order for an RFA to be accepted by die Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by September 29. 2008. **It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date 07/29/2008 Expiration Date 07/29/201.3 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://reeulatory.usacesurvev.conn/ to complete the survey online. Copy lurnished: Sam Cooper, CZR Incorporated 4709 College Acres Drive Suite 2 Wilmington, North Carolina 28403-1725 Page 2 of 2 • • 0 LE HE1I SWAMP ?X^ DITCH EFFECT (2X9 ACRES) C W CORPS 2004 JD (32.63 ACRES) 200712008 JURISDICTIONAL WCILAND (6057 ACRES) - - - - COE AND DWO WATERS (18,303 LF) SCOTT CREEK (8,917 LF) • DWO STREAM AND WATERS (2,382 LF) X COE UPPER LIMIT STREAM A COE UPPER LIMIT US WATERS N n? t 0 1,200 2,400 SCALE IN FEET DRAFT ACREAGES AND LINEAR FOOTAGE JURISDICTIONAL WETLANDS, WATERS, AND STREAMS PCS PHOSPHATE COMPANY, INC. SCALE: AS SHOWN APPRO DRAWN BY: TLJ 0 DWQ UPPER LIMITSTREAM DATE: 06/23/58 "BASNIP FILE: vo-wr DWQ LIPPER LIMIT US WATERS CP# 1745.59, 66 2 DCM UPPER LIMITS (PUBLIC TRUST AREAS) 4709 caL1E9£ ACRES M DRIVE ZR wewNCTON, NORM CARGUNA 40 I IN00?l OIIA 910/]92-975] Teo TEL FIGURE 2B an?oNmu oaa?riNn FAE 9rn/392-9r]9 r R.EQUESTURAPP>,Al . Applicant: PCS Phosphate, Inc. File Number: SAW-2008-02014 Date: 7/29/2008 Attached is:D See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of A PROFFERED PERMIT (Standard Permit or Letter of ennission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I I'I?e° ft?llt?i?Viu?g identifies your,•ightsttnd options regarding an ad?r?inistrative appeal of the above decision.. Additional f parr iation may be found at http://w ww.usace.ari-.ny.mil/ineUfunctiotis/cW/cecwo/re >Y or Co s regulations';at=33 CFRPar 331: A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terns and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the pen-nit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions. and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a pennit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending die form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative 0 Appeal Process by completing Section II of this form and sending the form to the district engineer. This torn must be received by the division engineer within 60 days of the date of Utis notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps egardull the-preliminary JD The Preliminary JD is-not appealable -If you-wish you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION'll. - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED, PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT,FOR UESTIONSOR INF ORNfATIQN: If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: r. Scott Jones, Project Manager Mr. Mike Bell, Administrative Appeal Review Officer ESAW-RG-W CESAD-ET-CO-R Post Office Box 1000 U.S. Army Corps of Engineers, South Atlantic Division Washington, North Carolina 27889 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. L For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to: District Engineer, Wilmington Regulatory Division, Attn: Scott Jones, Project Manager, Washington Regulatory Field Office, Post Office Box 1000, Washington, North Carolina 27889 For Permit denials and Proffered Permits send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell, Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Sheet, Room 9M15, Atlanta, Georgia 30303-8801. • Corps Submittal Cover Sheet 27 June 2008 1. Project name: Hell Swamp 2. Property owner/Applicant: PCS Phosphate, Jeff Furness (252) 322-8249 3. Consultant: CZR Incorporated 4. Site address: Seed Tick Neck Rd and Pungo Creek Rd 5. Easting:2690065 Northing: 652204.9 6. Lat/Long: 35.31.20N 76.40.49W 7. Quadrangle: Pantego 8. Nearest named water body to which the site is hydrologically connected: Scott Creek and Smith Creek 9. Drainage basin: Tar-Pamlico (HUC 03020104) 10. Requested Action: Jurisdictional Determination • '7N COLLEGE ACRES DRIVE "?:CZR SUITE 2 a"J1%1I NG'<ON, 'InF H CA.rOLINA 8403-1725 ENVIRONMENTAL CONSULTANTS TEL 9 1,1392 -9233 FAX 91:_t, 392-9139 urw.il"T101CZE fr?K`.:Com 27 June 2008 Mr. Scott Jones Corps of Engineers, Washington Field Office P. Q'. Box 1000 Washington, NC 27889 RE: Request for Corps jurisdictional determination of Section 404 wetlands and other waters on the Windley, McMullan, Smith, Woolard, and Gaylord tracts at the PCS Phosphate Hell Swamp Mitigation Site, Beaufort County, NC. Dear Scott, Enclosed you will find supporting documents for a jurisdictional determination on the above-mentioned properties. PCS Phosphate owns all tracts (totaling 1,266 acres) except for the approximately 30-acre Windley tract, which they have an option to buy. CZR biologists have completed a wetland delineation of all tracts and would like your approval. Included with this letter are routine wetland delineation forms, Rapanos forms, stream forms and a map of the site depicting the wetland boundaries that have been flagged, as well as all waters of the US, and their upper limits if applicable, that are being claimed by the Corps. For your reference also included are topographic, soils, and LIDAR maps of the area. You visited the site 29 January 2007 to confirm Section 404 jurisdictional areas around Scott Creek. After that visit PCS added additional tracts of land which had more wetland areas near Scott Creek and a small section near Smith Creek. Those areas were delineated by CZR and confirmed by you, except for a few areas, 8 May 2008. Additional waters of the US were also identified at that time. The additional wetland boundaries were adjusted according to your direction and upper limits of waters of the US were flagged. You confirmed the alterations 21 May 2008 as well as evaluated the Windley tract. A small section in the northern corner of the Windley tract was identified and later flagged as upland. There is also a narrow ditch effect along the eastern border of this tract from a 3-foot deep ditch in Cape Fear soil. Based on NRCS's Scope and Effect guidance which takes into account soil type and ditch dimension, and our onsite inspection with you, we propose an 85-foot non-jurisdictional area in the Windley tract parallel 40 with the ditch, representing drained wetland 2151 Alternate . ,ASouth * SUITE 2000 • JUPITER, F10RlDA 33477-39012 TEL 561;'7='?-74; 5 • FAX 561 741-7^?` * ?r n r)CZr-+nC cor- * Wvw CZRINC.ccm Mr. Scott Jones 27-Jun-08 i 1745.59.66 We are requesting Corps approval of the jurisdictional features on these tracts of land as identified on the attached figures 2A and 2B. Sincerely, CZR INCORPORATED Lorrie Laliberte Biologist, CZR Incorporated Cc: Sam Cooper, Julia Berger, Jim Hudgens-CZR Incorporated Jeff Furness, PCS Phosphate Enclosures: 6 figures: topo, Section 404 Jurisdictional Features (two parts), aerial, soil, 10 LIDAR Routine wetland determination forms Corps stream farms (4 pages) Rapanos JD forms (8 pages) U • • ' ,? ? FY rw area ,{t Irr. "A RT. 9t4?. s ••- .awl 1f HEtk1!!?AMIP- -cieeeK RuAn r SCOTT CREEK a j i; 'Ai ,, r .?„sf ''.i ? ? eta +a 0 5,000 10.000 ZNORTH CAROLINA SCALE IN FEET SITE LOCATION HELL SWAMP VICINITY MAP HELL SWAMP-SCOTT CREEK PCS PHOSPHATE COMPANY, INC. SCALE: AS SHOWN APPRO BY: DRAWN BY. BFG DATE: 4/23/08 FILE: HELLSWAMP-LOC-FEIS t CP# 17455@.66 4709 COLLEGE ACRES ONIVE WILNINGiON, Nom CAROLINA 2TEL 910/392-9253 D R A F T SUITE A.C.-PORATED 3 925} FIGURE 1 , ?sif.rrm FA% 90/392-9139 ? 0 0 0 • LEGEND DE y -- ..,R -I w x a O HELL SWAMP DITCH EFFECT (2.89 ACRES) CORPS 2004 JD ;32.63 ACRES) 2G07r?008 JURISDICTIONAL- WCTLAND (6CS7 ACRES) COE AND DWQ WATERS (18,303 LF) SCO TT CREEK (5917 LF) 04YQ STREAM AND WATERS (2,382 LF) COE UPPER LIMIT STREAM COE UPPER LIMIT US WATERS DWQ UPPER LIMIT STREAM DWQ UPPFR LIMIT US 04ATFRS DCM UPPER LIMITS (PUBLIC TRUST AREAS) 4709 COL3JE 01 AaIES DWYE Z CP# 1745.59.66 R SLOE 2 •ORATEO WONNNGTO", ? TEL CAROf A 229403 FIGURE 28 PSRRly FAX 910/382-9139 np F? a 1.200 2.400 iiiiiij 7CALE IN fEET DRAFT ACREAGES AND LINEAR FOOTAGE JURISDICTIONAL WETLANDS, WATERS, AND STREAMS ON HELL SWAMP MITIGATION SITE PCS PHOSPHATE COMPANY, INC. SCALE: AS SHOWN APPRO DRAWN BY. TLJ DATE. 06/23/08 FILE: • 0 E 0 2,000 4,000 NORTH CAROLINA SCALE IN FEET SfTE LQCATWN SITE MAP HELL SWAMP-SCOTT CREEK 2006 AERIAL PCS PHOSPHATE COMPANY, INC. LEGEND SCALE: AS SHOWN APPRO DRAWN BY: BFG srcc DATE: 4/23/08 FILE: HEus9p-2oosaox-fEls.ow 4709 COL-If CE ACRES DR'w CP#l 745.59.66 r E DRAFT SUIE WILMINGTON. NORTH CAROUMA b/OS 4.10RAIED TEL 910/392-74 253 3 FIGURE 3 a,wa.,m.?msnn.n FAX 910/392-4139 ? 0 ? 0 0 L"end LIDAR Qpm HFI. i S,rVAMP____ MCDOT LJDAR 0 Val- PCS PHOSPHATE COmpamy, Me- 138 :300 SCALE AS &HOJ-ti I . �V� ) kI—E, — AM DATE VZ3W hale :n Ftel atop' AC(ESORVE DRAFT �ta DATA FORM ROUTINE WETLAND DETERMINATION (1967 COE Wetlands Delineation Manual) • 0 Applicant/Owner: Investigator: Gj County: State: Do Normal Circumstances exist on the site? 0 No Community ID: Is the site significantly disturbed (Atypical Situation)? Yes Transect lo: All- Is the area a potential Problem Area? Yes o Plot ID: ?1,;: Gtlr?/r<1?% (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator dmina t Plant Species Stratum Indicator 1.?3;ti:}DV ttOTGI?M,:d?l/? ?, ? •? G A 9. !"Jn?fl:lif? ??ii??1Q? 5,3 ?:??t' 2. Ai I.&I?i(,?.via Cina 1/ -?lS lt ? ' ?r1Y.1lV . 10. 3A)Af/(LlS yliarol s L 11. r 4. \l ` tits rU1t nni-\o1%(_k 1 ?/ 1'!-1C 12. t t rA?L1?Ll f?,? 5. \00(1C ??1r"6 V ? 13. 1 _ t 6. RGC•Gt ? n,'Ns 1'V! yYvnllof Q 5 i rji C 14. 7. !?•:•ri+P.A,?hL1lA 'r Pr' r ?1 f' ' 16. 6. ?.lt:na ??li?re (5) 16. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-). ?Q f Remarks: i1ir ? 9- AT L E ?et HYDROLOGY _ Recorded Date (Describe in Remarks); Wetland Hydrology Indicators: _ Stream, Lake, or Tide Gauge Primary Indicators: _ Aerial Photographs Inundated - Other ;:aturated In Upper 12 Inches _ No Recorded Data Available . _ Water Marks _ Drift Lines Sediment Deposits T Feld Observationa: _ Drainage Patterns in Wetlands Secondary indicators (2 or more required): Depth of Surface Water: y 1 (in.) Oxidized Root Channels In Upper 12 inches Water-Stained Leaves Depth to Free Water In Pit: ((n.) _ Local Soil Survey Data " FAC-Neutral Test Depth to Saturated Soil: Other (Explain In Remarks) Remarks: l r? ? ?? ?I G,' ?rl= f ? I7? 6q • i SOILS Map Unit Name [Series and Phase):Ar/r t7rrF111 `I 1 vi e-4 1A I?fi? Drainage Class: C)V 11/61k6t:rtd f Feld Observations I Taxonomy (Subgroup): 10 U f ry f = Confirm Mapped Type? Yes n I1 '? Profits Descrlotion: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, nches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 1q-a`- sir Spa so%ZArJ;n Hydric SDII Indicators: Histosol _ Concretions _ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils _ Sulfldic Odor j::n?rganic Streaking In Sandy Solis Aqulc Moisture Regime Listed on Local Hydric Solis Ust _ Reducing Conditions Listed on National Hydric Soils List 11-111leyed or Low-Chrome Colors Other (Explain in Remarks) Remarks: 0 -1w sw1ra11 S?ripP??, C?dtG Y%'C of 50 L., 1 C Y, Ink 51f fq-;Zy So S1 WETLAND DETERMINATION I I Hydrophytic Vegetation Present? (Ygs?No IC)rcla) I (Circle) II Wetland Hydrology Present? Y No Hydric Sails Present? M1. No Is this Sampling Point Within a Wetland? (Ybs No Remarks: 0 • DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) • is Project/Site: 4-4a'_ll ?'nJttWi(? _ Date: /d ?r Applicant/Owner: ?-r<S County: fSp?sU ,v- Investigator: LZ State: /VC, Do Normal Circumstances exist on the site? ( eY 's' ? Community ID: Is the site significantly disturbed (Atypical Situation)? Yes r, 1D: AIL_ Is the area a potential Problem Area? YeN Plot ID:'7?n/Dnrr' (if needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator [ 1 I (?{ i . 1 r t r4 V'a iAv;.A, rA c 9. r 2. CAJ YUY}tr(dYV1 .c - to. 3. All( (ln J?0,'j rfrlv G 4. b amn1o l,yu l 4.1,yiaci Lila 12. 5. SCI 10Y ((C)t V t? j.?! Gr ?? Cl JS... 19. 6.Atu 0611 ?l0'ra G, Iaa,?tka i r rh(W 14. 'j 'j 7. C X V.((J.f < T 15. a. 16. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-). Remarks: J)o5 10'dl '' HYDROLOGY _ Recorded Date IDescribe in Remarks): Wetland Hydrology Indicators: Stream, Lake, or Tide Gauge ^ Primary Indicators: _ Aerial Photographs _ Inundated / _ Other I _ Saturated in Upper 12 Inches N- Recorded Data Available Water Marks Drift Lines _ Sediment Deposits Feld Observations: Drainage Patterns in Wetlands Secondary indicators (2 or more required): Depth of Surface Water: A /A (in.) _ Oxidized Root Channels in Upper 12 Inches _ Water-Stained Leaves Depth to Free Water In Pit: Al A (in,) _ Local Soil Survey Data _ FAC-Neutrat Test Depth to Saturated Sall: ?u'I (In.) -Other (Explain In Remarks) Remarks: + I?G?f 00F6 VI C ? 4a vjr' 61 ?.itil 4 l?? ) I 6 r # c 1 F t SOILS Map Unit Name A II? (Series and Phase): +- G (?a kJE. D rainage Class: Field Observations Taxonomy (Subgroup): Confirm Mapped Type? Ye No Profile Pescriotion: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, inches Horizon IMunself Moist) (Munsell MaWl Abundance/Contrast Structure, etc. 3 I3 Io L oobv/ .510e.ry L !J kA d ol1 r-)T kL SQ V40B1, Hydric Boil Indicators: _ Histosol _ Concretions Hlstic Epipedon _ High Organic Content in Surface Layer in Sandy Soils Y _ Sulfidlc Odor _ Organic Streaking In Sandy Solis _ Aqulc Moisture Regime _ Listed on Local Hydric Soils List Reducing Conditions _ listed on National Hydric Soils List Gleyed or Low-Chrome Colors Other iExplain In Remarks) Remarks: Lie kvj 1 t sol' I WETLAND DETERMINATION II Hydrophytlc Vegetation Present? Ya No_ Circle) (Ccle) Wetland Hydrology Present? Yes Hydric Soils Present? Yes No Is this Sampling Point Within a Wetland? ye: No Remarks: ?o?s tnr?? VN.67 G11 r1 L.J VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indica ar 1 ,.! rnr?, r,a?)nr? urnPr?jlria ?t ) 1 s. i`ft?ctb)p?lr*=:? y E 1 -? r 2./ 11sCO1 ? t?1we, a M _ ? f J r 1o.Q?r,f,Ua a0 ?' t r ?b? 4! Tf}IlP`I ?OrtrlF?91? e? ?t?.' 12. ++.. 5.Ir??C1CGf?tAfSY/SY1 r Ilfril? ,f T r? 13. s.(.s?lj}It1.i1? 1J?iCfr`Fl , ti C 14. '(fi?r'G?l4Ss?1i11/ft 7.'t y t- ? L 15. ' p /? I,' is. Percent of Dominant Species that am OBL, FACW or FAC ?tJD (excluding FAC-). ?Q Remarks: f HYDROLOGY Recorded Data IDescn-be in Remarks): Wetland Hydrology Indicators: _ SUeam, Lake, or Tide Gauge Primary Indicators: -Aerial Photographs Inundated _ Other t?uratad In Upper 12 Inches _ No Recorded Data Available Water Marks u Drift Lines Sediment Deposits Flald Observations: _ Drainage Patterns in Wetlands Secondary Indicators f2 or more required); Depth of Surface Water: J(in.) _ Oxidized Root Channels In Upper 12 Inches Water-Stalned Leaves Depth to Free Water in Pit: ` T'S fin.) Local Soil Survey Data _ FAC-Neutral Test Depth to Saturated Soil: O tin) _ Other (Explain in Remarksl Remark i DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) 0 • SOILS Map Unit Name `I- D i Cl / C Y A w ra nage FI i a . (Series and Phase): ss: Reld Observations Taxonomy (Subgroup): Confirm Mapped Type? Yes o Proflie Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. rr S a 1 cl?ul?vl? -1 d ? o ?2 ?1 ??eti?G ? ?. + V)- PL4 f[1?1 +7i_ W? I? 01 /Aw A V Hydric Sail Indicators: _ Hlstosol _ Concretions _ Histla Eplpedon _ High Organic Content In Surface Layer in Sandy Solis _ SuIFdic Odor ?Organlc Streaking In Sandy Solis _Aquic Moisture Regime _ Listed an Local Hydric Solis List - Reducing Conditions _ Listed on National Hydric Soils List I v ?leyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: _ G•5 rnj W( 507,ieCaAJPd 01pQMia vyyr4 I:kGf Cf?flG 5 Soi J % 4 (G.al'I Or 94,41 C rAci nv S 11 fpw amLS VVETLANU Hydrophytic Vegetat[on Present? es No (Clrcla) (Circle) Wetland Hydrology Present? es No Is this Sampling Point Within a Wetland? C-Yi;q No Hydit Solis Present? e,) N. Remarks: 1 10/ E • DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) • Project/Site: ?4PI( SWa'1tp Date:.c- f-I j"! ? Y Applicant/Owner:_ G County:: i Investigator: C -Lp- State: 11JC.G Do Normal Circumstances exist on the site? Ye No Community ID: Is the site significantly disturbed (Atypical Situation)? Yes • , Transact ID: /1 Is the area a potential Problem Area? Yes Plot ID: ,?"c•Id?;i- (If needed, explain on reverse.) ` VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 2. , 0. 3. 11. 4. 12. 5. 13. 6. 14. 7. 15. El , 6. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-). / G A' Remarks: OS 11? C-n? -c?S !•1e-?0 1.4 ? D71" t? t !riD 1`?{•tHd.iN,?tY lOj ?nqr Wdlc,? Veal"lf1i l Gn HYDROLOGY _ Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: _ Stream, lake, or Tide Gauge Primary Indicators: _ Aerial Photographs _ Inundated _ Other _ Saturated in Upper 12 Inches No Recorded Data Available _ Water Marks _ Drift Lines Sediment Deposits Field Observations: Drainage Patterns In Wetlands Secondary Indicators (2 or more requlred): Depth of Surface Water. /y 7/ 1 (in.) - Oxklized Root Channels in Upper 12 Inches _ Water-Stained Leaves Depth to Free Water In Pit: id A (ln.) Local Soil Survey Data FAC-Neutral Test Depth to Saturated Soil: a (in_) Other (Explain In Remarks) - Remarks: fly v1 ? Uwe iis?A tI ?n?? rod t? • 1?1,J ?J SOILS Map Unit Name A (Series and Phase): v"n n .a yka . Drainage Class: Field Observations Taxonomy (Subgroup): Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, r h s Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.'nr k ci ?1 a 5 Y Lila Li Sol Indicators: _ Histosol _ Concretions _ HIstiC Epipedon _ High Organic Content in Surface Layer in Sandy Solis _ Sulffdlc Odor _ Organic Streaking in Sandy Solis _ Aquic Moisture Regime _ Listed on Local Hydric Soils List Reducing Conditions _ Listed on National Hydric Soils List Gleyed or Low-Chrome Colors - Other (Explain In Remarks) Remarks: V1a?'?n?ivf ? i _ ?^/??' ? ? S? I , t'S Wt I LAND Ut I tKMINA I IU HydrophytlcVegetation Present? es'No-(Circle) {Circle) Wetland Hydrology Present? L-456 o Hydric Solis Present? Yes/No Is this Sampling Point Within a Welland? Yes No Remarks: aCje5 i/f ' V""wi q11 I live ??,v1nl cri??YiCr 1? • • J VFt; FTATIn N Dominant Plant Soecles Stratum Indicator Dominant Plant Species Stratum Indicator 1. Nve-sat In't .0mr a i " 08L g. t 2. L,I VV1A 1P/V j (., c i an. rll-pll - 1-1 r-A4 V 1a. 3. ?F'A,; 10 J a ? I ?-A C 11. 4.?1c?t?1 r#i4l?hY `-U;crr'rir(? 1 r-A(--' 12 ll__ 5.[r? y f/lY-}rwy%/N f1: v ? {PV 13. ? I f ! ` B,1rY11I/i?/ 011,1°?1?1i lG1tlff t`?(" 14. 7. Q!,(P 1 t(1 e .4 i-? _ j 15. a. 16. Percent of Dominant Species that are 06L, FACW or PAC J f' ?• oo ? . v (excluding FAC-I. f Remarks.- HYDROLOGY Recorded Date (Describe in Remarks): Wetland Hydrology Indicators: Stream, Lake, or Tide Gauge Primary Indicators: Aerial Photographs Inundated Other Saturated in Upper 12 Inches No Recorded Data Available ' Water Marks Drift Lines [ Sediment Deposits ld Observations: Ft , _ Drainage Patterns In Wetlands Secondary indicators (2 or more required): Depth of Surface Water. l /,1rA On.) . Oxidized Root Channels In Upper 12 inches Water-Stained Leaves Depth to Free Water in Pk: \/A ON.) Local Soil Survey Data PAC-Neutral Test Depth to Saturated Soil: IV1r ` (In.) - Other (Explain in Remarks) Remarks: L h ' (V ? V' Wt DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) • r-j LA SOILS Map Unit Name t- `? ? ) -1 (Series and Phase): l T (j VI Q Drainage Class: Field Observe s Taxonomy (Subgroup): Confirm Mapped Type? Yes` Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, linches) Horizon Wunsell Moist) Munsell Moist AbundancelContrast Structure, etc. Hydric Soll Indicators: _ Histosol _ Concretions _ Histic Epipedon _ High Organic Content In Surface Layer in Sandy Solis _ Sulfidlc Odor _ Organic Streaking in Sandy Soils ^Aguic Moisture Regime _ Listed on Local Hydric Soils List _ Reducing Conditions Listed an National Hydric Soils Llst Gleyed or Law-Chrome Colors Other (Explain In Remarks) Rema ks: r i 1JU?S ?tU < kaV , trl?jt Y I c a WETLAND DETERMINATION Hydrophytic Vegetatlon Present? Ye No (Circle) {Circle) Wetland Hydrology Present? Yes o Hydric Soils Present? Yes ?o Is this Sampling Point Within a Wetland? Yes A0,11 Remarks: ` 0 • DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) • • Project/Site: 5',Va mfo Date: Applicant/Owner: K-S Ne-.IAIW- A County:_ ntt/rr'7I Investigator: C.L? [_rsrr:c ):Tali)^ r? .- State: A/ , Do Normal Circumstances exist on the site? Community ID: Is the site significantly disturbed (Atypical Situation)? Yes Transact !D: 5 T` - Is the area a potential Problem Area? Yes o -,) Plot ID: r+eo.- t'#' (if needed, explain on reverse.) TL-A nr.D ' vice?±c?rn-rinni t Plant S ecies D i stratum Indicator Dominant Plant Species Stratum Indicator p _ am nan rlri?l?if?i :A?1'rll+ i l i[1ntn ?r1 1 l'i' ?`?V 9. 1"V. i/t ml I o if 4 ll9, . ?GI -/ r tlr'??11, Ceri 2 t ?'? i { e . . r nrr??? A-i[Y-7?-41{ 3 ?; AG ??/ /?il`r Lip !?v3f1 ild li?'a -F 1 1 t . f?i-'f 4 12. . (AL- ? r 13. 7 15. . s.A,-1 J•`f ?Ut /,iPt't?U:l(a 4- ?5t _ ts. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-). Remarks: t l ? ?rJC t?ri ?1L??L i c l ?'p wvnRnt nr_v _ Recorded Data (Describe In Romorksl: Wetland Hydrology Indicators: _ Stream, Lake, or11de Gauge Primary Indicators: Aerial Photographs Inundated / Other /Saturated In Upper 12 Inches I Na Recorded Data Avanable Water Marks ^ 1? Drift Lines W _ Sediment Deposits Drainage Patterns In Wetlands Feld Observations: ^ Secondary indicators (2 or more required): A Depth of Surface Water: !"I f (in.) Oxidized Root Channels In Upper 12 inches r Water-Stained Leaves Depth to Free Water In Pit: 2 -7 _ Local Soil Survey Data FAC-Nautrel Test Depth to Saturated Sall: ? 0 IT..) - Other {Explain In Remarks) Remarks: It t ; •??; ? I N (-1 bi( P:??Cl"'•.(i iV • r ?J SOILS Map Unit Name (Series and Phase):_ ij iAj vC rv Drainage Class: '!alt h l r' (? r l {T i Field Observations ! Taxonomy (Subgroup): T kf Di c 1-1 l,J 1"Iae? {,,t L,-, Confirm Mapped Type? Yes No r Prole Description: Depth Matrix Color Mottle Colors Motile Texture, Concretions, finches) Horizon (Mansell Moist) unsell Moist Abundance/Contrast Structure, etc, ,/? r ff J f)?{? t ?''v'/ 71 '1GSfna y ?vu?i1 t/ 5%%; t Hydric Soil Indicators: _ Hlstosol _ Concretions _ HIstic Epipedon _ High Organic Content In Surface Layer In Sandy Soils _ Sulfidlc Odor -Organic Streaking In Sandy Soils _Aquic Moisture Regime Listed an Local Hydric Soils List _ Reducing Conditions _ Listed on National Hydric Soils List I,GGlayed or Low-Chroma Colors Other (Explain in Remarks) Remarks: Ir 0 dYl?(IZ^-? d'?t otZr? ?kf•?7?75itGv•r'3 ??-•o11?j'. vvC r LMNLJ Ut I r-MMINA Hydrophytic Vegetation Present? / Yii"o ICircle) tCircle) Wetland Hydrology Present? ?es No Hydric Solis Present? (Yq No Is this Sampling Point Within a Wetland? Yes No Remarks: L k e?lCiv}tL 16 glc•wr?Si t.c sv?j•) i? 1 sna VI*S leu» ?er i le S, di?e,d and sp?i v1.??'t? ct l I 3 ENE 1 C \A8 C r 1 ?r I f'/'-rE P1CtCL cL rtUr` 1 ?. 1?_J(- DATA FORM ROUTINE WETLAND DETERMINATION 0987 COE Wetlands Delineation Manual) ?J ProjectlSite: /Yl C /W ,.t I 10 (n Si-LZ Date: 111T.107 _ Applicant/Owner: County: ` investigator: U- C& a ?L State:_ DE Do Normal Circumstandes exist on the site? Yes Nv Community ID: G.?E, Is the site significantly'disturbed (Atypical Situation)? XQ No Trans ect ID: St~ f r Is the area a potential Problem Area? Ye No Plot ID: Lf - Lfrl'R?tr? (ff needed, explain on reverse.) VEGETATION Dominant Plant Spoaes Stratum Indicator Donn rant Pt ant Species S ratum I di 1.•1'faofUyVI t n cator 9. Z.GtEfV. I(n56 111nlpA_ T N• ,o. v 'Cl.'t/G J 3_ 11. 4. 12- 5. 13. 6. 14. 7- 8. 15. 16. Percent of Dominant Species that are 013L, FACW or FAC lexciudIng FAC4. Remarks: HYDROLOGY Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: _ Stream, take, or ride Gauge Primary Indcators: _ Aerial Photographs Inundated Other ?N R d d D bl l Saturated In Upper 12 Inches o ecor e a ata Avai e Water Marks - Drift Lines W _ Sediment Deposits Field Observations: _ Drainage Patterns in Wetlands Secondary indicators l2 or more requiredi: Depth of Surface Water iln.) Oxidized Root Channels in Upper 12 inches Water-Stained Leaves Depth to Free Water in Pit: ? lin.) _ Local Soil Survey Data ` _ FAC-Neutral Test Depth to Saturated Soil: Dttier (Explain.in Remarks) Remarks: I • • • SOILS . Map Unit Name ?lti+2t4 (Series a d Ph uas'?O IYI i s 6 i d n ase?: v Q iyi Q "v 1 'u 1 ? Orairwge G v ass: r11 pt ' Field Observations Taxonomy (Subgroup}:l'1'1 f C e/ i QG?r? ,1 U ?-S Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Colors Mottle Inches Horizon IMurmil Moist 1Munseil Moist} Abut/Contra" Texture, Concretio Stru ns; cttue, etc_ Ir?r ° " ? Imo;" I,1 0 q Hydrio Sal Indicators: .._ Histosoi Concretions _ - Histie Epipedan _ High Qrpanic Content in Surface Layer in Sandy Soils _ Sulfidic Odor - Organic Streaking in Sandy Soils _ Ayvic Moisture Regime _ Listed on Local Hydric Soils List _ Reducing Conditions _ Listed on National Hydric Soils List .-.. Gloyed or Low-Chroma Colors Other (Explain in Remarks) `• Remarks'. WERAND DETHWINATION Hydrophytic Vegetation Present? Yes No Prde) (Circle) Wetland Hydrology Present? es No Hydric Soils Present? Y Tlo Is this Sampfng Point Within a Wetland? Yes No Remarks: 17ofs i-1 & ym cA a1? 3 we.??.0o-lA C. V!- ?- vI A dl u.w\ +f a.t to n A, '? ? M-? 6" 06 crli Uvl - DATA FORM ROUTINE WECIAND DETERMINATION 0 887 COE Wetlands Delineation Manual) vFotectlbtte: r n : r rf lA u n f/1Si Date: / . /G' Applicant/Owner. County Investigator: LU State-_ A C Do Normal Circumstances exist on the site? Yes. o Community ID: Is the site signifcandy'disturbed (Atypical Situation)? es No Transect ID: C Is the area a potential Problem Area? es No Plot ID: L 14 (If needed, explain on reverse.) VEGETATION Dominant Plant Spicips Stratum Indicator Dominant Plant Species Stratum lndiptor 2 A161 P I ?r (oil Y1 /A =?, VIC ._ 10 ._ . 3.+1rlitV ?f1,61A ` 05 L 11. 4. cPi i'jf `lfum T- 12 5. 13. • 6. 1(? f fi/ oCr Off.1 .,dro A t /j/ I,J /1C VI 14. r f J 7.l_??vliCn??t?r_i?;??'?i ??C-• e Iii. • s- 1 s. ' Percent of Dominant Species that are OBL, FACW or FAC ` f (exduding FAC4. / y vr Remarks: HYDROLOGY Recorded Data (Describe in Remarks): Welland Hydrology Indicators: _ Stream, Lake, or Tide Gauge Primary hxdicators: _ Aerial Photographs Other No Recorded Data Available ? Inundated 'E'-Saturated in Upper 12 inches _ ` Water Marks _ Drift Lines Sediment Deposits Field Observations: nn Drainage Patterns in Wetlands Secondary indicators (2 or more required(: Depth of Surface Water: d /? (In-) . Oxidized Root Channels in Upper 12 inches , Depth to Free Water in Pit: fin.) _ Water-Stained Leaves . Locat Soil Survey Data _ FAC-Neutral Test Depth to Saturated Soil: (in) _ Other (Explain in Remarks) • Remarks- • • 0 SOILS Map Unit Name {Series and Phase): r'a k 1,00w, w Ve ry Drainage Clan: 1 dr i, } ]?-A L Reld Observations Taxonomy (Subgroup): f Y Y lm! C? 1 t r71 1? U W1 a q f P n Confimt Mapped Type? Yes 'No Nohle Description: 1 i Depth Matrix Color Mottle Colors Mottle Inches Horizon Mtmsetl Moist) IMunsell Molo 66undan Texture. concretions; oe/Conwast Struetvre etc. 1 ? r ? l7 t?r?' G ?? CYt t ,? Hydric Soil Indicators: _ FGstosol Concretions _ _ Histlc ?pipadon _liigh.Orgaric Content in Surface Layer' Sandy Soils _ Sulfidic Odor _ Organic Streaking In Sandy Soils _ Altaic Mo'tsWre Regime _ Listed on Local Hydric Soils List _ Reducing Conditions _ Listed on National Hydric Soils List _ Gleyed or Low-Chroma Colors _ Other (FPlom in Remarks} Rem Gkl ?iIZQ Y?f 7o 5P ?e ?P s G a } WETLAND DETERMINATION Hydraphytie Vegetation Present? t;' No (Circle) (Circle) Wetland Hydrology Present? No Hydric Sons Present? Yffi No Is this Sampling Point Within a Wetland? Yes No Remarks: M2c?. ?a?,n 'aA CC A ??vc,•?1'G??1 • DATA FORM ROUTINE WETLAND DETERMINATION 11987 COE Wetlands Delineation Manual) • • Appiicantl_Owner: County:, Investigator: Lt, qz? ? Z(? Stater Do Normal Circumstances east on the site? Yes _?) Community ID: Is the site significandy'disturbed (Atypical Situation)? No Transect ID: Is the area a potential Problem Area? T9 No Plot ID:q- tr(/ Of needed, explain on reverse.) VEGETATION Dominant Plant Species Stratu Indicator Dominant Plant Species Stratum 11 Indicator t?rc+ ,.I?r,f e 11o fPr• 11. tu ? J In AL g. In ti GL[?,? MI'l 2_ I n 1-061'fltl S A ,o. l 3-?i V1 v n `? Jr. A Ot 4.V 000 C a l t' r I C,- 12. ? 5. r? hrf ! S I'firff f lfl B ?? 13. 6. A cp ?f (AC_ 14. 7N lVq ?;-Mu,;/r4, $. cat 'A i V Percent of Dominant Species that are OBL, FACW or FAC ?Q Ss (excluding FAG). Remarks: HYDROLOGY _ Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: _ Stream, Lake, ar Tide Gauge Primary Indicators: Aerial Photographs Inundated - _ Other T__.iurated in Upper 12 Inches No Recorded Data Available Water Marks Drift Lines _ Sediment Deposits Field Observations: _ Drainage Patterns in Wetlands Secondary indicators 12 or more required): Depth of Surface Water Sin.? Oxidized Root Channels in Upper 12 inches th to Free Water in Pit: De 7 ) > > S fin Water-Stained Leaves _ Local Soil Survey Data p . FAC-Neutral Test Depth to Saturated Soil: (in.) _ - Diher (Explain_in Remarksl Remarks: 12) EA ra Y"\ i • SOILS Map Unit Name II-- (Series and Phase?;A_y'n D a nU f(vv- -n(/1 &] ? as m D i C ? ? ra nage lass: Xjf ( J FieldOb Taxonomy (Subgroup); semtons 1 T ' ' 1r \ DI r (,l MA Q f1J l conlum Mapped Type ? Yes No PrRM Descriotlon: I I Depth inches Horizon Matrix Color Mottle Colors Mottle IMunse,ll Moist) ]Munson Moist) Abundance/Contras. Texture, Concretions, Sbuct ue, etc a 1 a? r a ioJ 1• 1 d 1vC Y}1l ?10 ?- 7231 `' IG ? _ gYri!I-sT :?I C - Hydric Soil Indicators: _ Histosoi Concretions Histrc 9pipedon r "High Organic Content in Surface layer iii Sandy So$s _ Sulfidic Odor _ Organic Streakke In Sandy Sois Acjuic Moisture Regime _ Listed on Local Hydric Soils List Reducing Conditions _ Listed on National Hydric Solis List l leyed or Low-gttoma Colors _ Other (Explain in Remarks) B Remarks: WETLAND DETERMINATION Hydrophyt(c Vegetation Present? Ye o (Circle) (Circle) Wetland Hydrology Preserrtl No Hydrio 5olls Present? as No Ls tbls Sampling Point Within a Wetland? Y yep, No Remarks: /?;?s all ? ?e?la ?? cv ? ?v ? q n fa+-, ot A1r da- ro vi 0 • DATA FORM ROUTINE WETIAND DETERMINATION (1967 COE Wetlands Defineation Manaal) ProjecVSite: IVIr /Itmlln•,i Al[nC r Date; /Y Ur Appiicantipwnen County: Investigator: LL{S State: JC, Do Normal Circumstances exist on the site? kYes NdCommunity ID:.£ ri Is the site significandy't 6lurbed (Atypical Situation)? o Transept 1D: Is the area a potential Problem Area? ,No Plot ID: 39 - U I (If needed, explain on reverse.) ?? VEGETATION Dominant Plant Species_ Stratum Indicator Dominant Plant Species Stratum Indicator t 1 ? P tMVY1 •? f rTt?'-)'M?'A?S 9. 2 -/ t r is YVI 1 1 10. _ 4. 12- 5 _ 13. 6. 14. 7_ 15. B. 16. Percent of Dominant Species that are OBL, FACW or FAC ;excluding FAC+ Remarks: HYDROLOGY Recorded Data (Describe in Remarks): Wetland Hydrology indicators: Stream, take, or Tide Gauge - Primary Indicators: Aerial Photographs _ Inundated _ Other Saturated In Upper 12 Inches o Recorded Data Available Water Marks [ Drift Lines Sediment Deposits Observat'sons: Field Drainage Patterns in Wetlands Secondary indicators 12 or more required): A rn_) epth of Surface Water: f v Oxidized Root Channels in Upper 12 inches Water-Stained Leaves y U ?n 1 Depth to Free Water in Pit = ? _ Local Soil Survey Data - -- FAC•Neutral Test 44 Depth to Saturated Soil: _ Other (Fxplairt in Remarks) Remarks: Cie /,/ SOILS Map Unit Name l _ r (Series and Phase!: q yIUP -IIIAJ ?QyS I005 r Qra?nageClass: ??'? /j!/ (y ? Reid Observatiaru ?"-/'? Taxonomy [Subgroup}: Confirm Mapped Type? Yes No Profile Descriotion: 1 Depth Matrix Color Mottle Colors Mottle mdies Horizon jMunsail Mo'fsU 3Munsc4 Moist} A Texture, Concretiors, 6undartoe/Contrast S7-7 e to. S ?i Ey 1 (a /ors nir ??r?v ID11A .594 Hydric Soil Indicators: _ Histosot _ Concretions - Histio "edon r ljigh.Organic Content in Surface !dyer in Sandy Soils _ SulBdic Odor r ftanic Streaking in Sandy Soils Aquic Moisture Regime =Listed on Local Hydric Soils List - Reducing Conditions Listed on National Hydric Soils list - Gleyed or Low-Chroma Colors - Dther (Explain in Remarks} Remarks: r WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes Nd (Circle) (Circle? Wetland Hydrology Present? Y lgo1 Hydrtc Solis Present? Yes o is this SamPUM Point Within a Wetland? Yes Remarks: ?r?s inr v?2? q It 3 Cr'l 1Rv i q Lt 9 V?T fa I V1 G? ?? l fJ G?SL''r l ?'p ?l 0 ?71 DATA FORM ROUTINE WETLAND DETERMINATION (1867 COE Wetlands Defineation Mbnball E Project/Site, /V1f/V1r111Q111':3rP Date: l1(i','C1I Appiicapt/O wrier: County: Investigator: I:(! iI'i C LlL State: N Do Normal Circumstances exist on the site? Yeses No Community ID: 0? Is the site significantly"disturbed (Atypical Situation?? No Transect ID: C? ` Is the area a potential Problem Area? es No Plot ID: -5? (;{/rt(} ,? (if needed, explain on reverse.) VEGETATION Dominant Plant Suedes Strat M Iraficator Dominant Plant Species Stratum Inrficator 1_ Ir?VIII Idvtl? ;-t 9 Z. ?INIYt nA ('6 ' Dih Aniir ? t- 10_ t 3" i 1. 4. 12. 5. 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAG). Remarks: HYDROLOGY Accorded Data (Describe in Remarks?: Wetland Hydrology Indicators: -Stream, Lake, or Tide Gouge Primary Indicators: Aerial Photographs r Inundated Other Saturated In Upper 12 Inches No Recorded Data Available z Water Marks Drift Lines _ Sediment Deposits Raid Observations; _ Drainage Patterns in Wetlands Secondary indicators (2 or more required?: Depth of Surface Water. A .din.) -Qiddirled Root Channels in Upper 12 inches J Water-Stained Leaves Depth to Free Water in Pit: Local Soil Survey Date T FAC-Neutral Test Daprh to Saturated Sol: jn.I Other (Explain in Remarks) Remarks: • C SOILS Map Unit Name (Series and Phasel: fn1w rJ? 4 V -L CCtyi 9 On kv, Drainage Gass s? t K F Iw, J Field Observations Taxonomy (Subgroup). V ?V I C Tl D i (' u IM a G f L4 c-,T 5 Confirm Mapped Type? Yes f{?o Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions; 11frICIMS) Horizon IMunsell Moist) SMunsell Moistt Abundance/920"a Struattue, etc. opi Mydric Soil Indicators: _ Histosoi _ Concretions Histic t pipetlan High Organic Content in Surface Layer in Sandy Soils Y Sulfide Odor _ Organic Streaking in Sandy Solis _ Agwc Moisture Regime Listed on Local Hydric Soils List _ Reducing Conditions ^ Listed on National Hydric Soft List Gleyed or Low-Ctroma Colors _ Odd (Explain in Remarks) Remark 0xi?1i7e 7c.-117 -', ( 5 0-1 V,,fULAND DETERMINATION Hydrophyllc Vegetation Present? Yes Nuciadei (Circle) Wetland Hydrology Present? Yes o Hydric Sons Presort? No Is this Sampling Point Within a Wetiand? Y No Remarks: -, W2??Qvt l ?,?°S ??,u-1 Vet=??: ?t ? ? C?. Crl ?{ ! C ILA P U ;/Y\ 1( alit Q i ? wj, 110f.. I .t 0v 0 • DATA FORM ROUnNE WECIAND DETERMINATION (1987 COE Wetlands Delineation Manual) • 0 Project/Site: M /_' /I L41,14 rn Sr !(? Date: ? i 7 ' ApplicantlOwner: County: Investigator: ' -L_ - State: A Do Normal Circumstances exist on the site? Yes No Community ID:______:_ Is the site significandy'disturbed (Atypical Situation)? Yes No Transect ID: S'G Is the area a potential Problem Area? Yes No Plot ID: _/(? j J?}yf (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum ator Indi Dominant Plant Species Stratum Indicator 1. AR0.110 r h[r JC c s. { 4 2.ilY1114•nfr6 , 1 1"A 10. A , 11- 'j J, 4r?e t8n i I Am ?VADP J611 ?j V 12, s..?l OQ ityll !? RU ; VfI t I i + 'T 7 EVA 13. 6. P4.15 e(.n ml ( i ?,-) , ?? U1! 14. 7. 15. B. 16. Percent of Dominant Species that are O$L, FACW or FAC (excluding FAG). J /!1 Remarks: HYDROLOGY _ Recorded Ditto (Describe In Remarks): Wetland Hydrology Indicators: _ Sueam. Lake, or Tide Gauge Primary Indicators: Aerial Photographs Inundated _ _ Other Z t,?aturated In Upper 12 Inches o Recorded Data Available _ Water Marks _ Orin Lines _ Sediment Deposits Field Observations; _ Drainage Patterns in Wetlands Secondary indicators 12 or more requiredl: Depth of Surface Water: /? ,' \' Oxidized Root Channels in Upper 12 inches Watet-Stained Loaves Depth to Free Water in Pit: AIA (i.} - Local Sall Survey Data FAC-Neutral Test Depth to Saturated Soit: Iin.} 0 ther (Explain in Remarks) - Remarks- SOILS Map unit Name (Series and Phase): 1r ? Drainage q • Taxonomy (Subgroup); Feld Observations Confirm Mapped Type? Yes No I'rofila Descriotion: Depth Matrix Color Mottle Colors Mottle Texture Co cre(ioits, • inches Horicnn 12ur?se 1 Moist) Mursett Moist} Abu . ? ndancelCortirastStructure, etc, ?- ) - 5rA / mI ?c irk-- YJIV51? ---------------------- Hydric Soil Indicators: _ Histosol _ Concretions _ Hkstic t pipedon _ Tiigh.Organic Content In Surface layer in Sandy Soils _ Sulfidie Odor _ Organic Streaking In Sandy Seas Agiiie Moisture Regime - Listed on Local Hydric Soar List `Reducing Conditions _ Listed an National Hyddc Soar List Gleyed or low-Ciroma Colors _ Other (Explainin Remaft) r - Remarks G;CI I Ze r i ZoP6yf S 7-! WETLAND DETER(1 WATION Hydrophytic Vegetation Present) Y No (Circle) (Circle) Wadand Hydrology Present? Y No Hydric Sons Present? No Is this Sampling Point Within a Wetland? ?Ya No V Remarks: [Ate,,1 S q HIV ?l O.'?? ?f 1 V 1 G? ! ? f ? I ll\n ?t Ct( to lit ? ; Clt ??SfI ?JC? (G?f1 0 • ... ----_.._..- .. _.._._....._.........- _.. ---- -.._._.._.--._.... ---- .. .._.- -, _.. .- .. _ .. . .. ..- USACE AIDtr D W # Site 4 (indicate on attached map) . - STREAM QUALITY ASSESSMENT WORKSHEET .r.:J Provide the following information for the stream reach under assessment: 1. Applicant's name: P65 Rig a zpkn E e 2. Evaluator's name: -LL 3. Date of evaluation: S f o??1!! ? 4. Time of evaluation:_Q S6 PA-1 i 5. Name of stream: cre P-k 6. River basin: G+rr- 0 ttt i 1 re! 7. Approximate drainage area: 8. Stream arder: 5 9. Length of reach evaluated: Q C)6 C+ 10. County: P0'G wGiyi, 11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any): Latitude (ex. 34.872312): Longitude (ex. 77556611): Method location determined (circle): GPS Topo Sheet Ortho (Aerial) Pholo(GIS Other CIS Other 13. Location of reach under evaluation (note nearby ro ads and landmarks and attach ap identifying stream(s) iocalion): ec ? l + ( s 1`31GvtCE An-a5-?rfrwt__of CttIIevf r -' te: ?'4 tS i ..,. "' ?c7df3 ;. ?rtr4 Pit r-t r, d 14. Proposed channel work (if any): 15. Recent weather conditions: ptl V P.A 0LJ8f 1 A kAt* F 16. Site conditions at time of visit: S a vi vi L t t l l jJ?c, 1J 17. Identify any special waterway classifications known: -Section 10 Tidal Waters -Essential Fisheries Habitat =Trout Waters -Outstanding Resource Waters - Nutrient Sensitive Waters rWater Supply Watershed (I-IV) 18. Is there a pond or lake located upstrdam of the evaluation point? YES e If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? NO 20. Does channel appear on USDA Soil Survey? Y?E NO 21. Estimated watershed land use: _% Residential -% Commercial %Industrial ?n-% Agricultural ;20% Forested _% Cleared / Logged _% Other ( __) 22. Banifall width: A' 0044 23. Bank height (from bed to top of bank): '-' 61 •474- 24. Channel slope down center of stream: jCFlat (0 to 2%) `Gentle (2 to 4%) Moderate (4 to 101/6) -Steep (>10%) 25. Channel sinuosity: Straight V"'OecasionaI bends -,Frequent meander Very sinuous Braided channel Instructions for completion or worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the continent section. Where there are obvious changes in the character of a stream under review (e.g,, the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a scare of 100 representing a stream of the highest quality. Total Score (from reverse): 14 I Comments Evaluator's Signature ?d L4., r 1,r??. it Date _l !?A This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to mace a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement Form subject to change-version 06103. To Comment, please call 919-876-8441 x 26. • ?J 0 STREAM QUALITY ASSESSMENT WORKSHEET USACC AID;I DW?1 Site (indicate on attached map) STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment: 1. Applicant's name: ec s NnS(kn e- 2. Evaluator's name: C-7 -1Z - j or"rt e- L,11 k.., 'p 3. Date of evaluation: 7 l ,r 0.!K 4. Time of evaluation: a 00 PM 5. Name of stream: C?,CrA-? C( l t L 6. River basin: 7 ar - P_ o,,4 ii c o 7. Approximate drainage area: 8. Stream order: 14t 9. Length of reach evaluated: r; Ma- 10. County: der. i,r"t ? r? _ 11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any): Latitude (ex.34172312): Longitude (m 77.556611): Method location determined (circle): GPS Topo Sheet Ottho (Aerial) Photo/GIS Other GIS Other 13.I Location ofreach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): 14. Proposed channel work (if any 15. Recent weather conditions: V 16. Site conditions at time t.,e 17. Identify any special waterway classifications known: -Section 10 Tidal Waters Essential Fisheries Habitat Trout Waters -Outstanding Resource Waters Nutrient Sensitive Waters --_Water Supply Watershed (1-1V) 18. Is there a pond or lake located upstream of the evaluation point? YES NO f yes, estimate the water surface area: 19. Does channel appear on USGS quad map? ?v NO 20. Does channel appear on USDA Soil Survey? YES NO 21. Estimated watershed land use: ?% Residential _% Commercial ?% Industrial i % Agricultural Q!0/6 Forested .?% Cleared / Logged _% Other ( _ ) 22. Bankfull width: ` 5 k 23. Bank height (from bed to top of bank): 1'Ili 24. Channel slope down center of stream: GLr lat (0 to 2%) Gentle (2 to 4"/a) _Moderale (4 to 10%) ,Steep (>10%) 25. Channel sinuosity: teff:S"truight Occasional bends Frequent meander Very sinuous Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregien based an location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregian. Page 3 provides a brief description of how to review the characteristics identified in.the worksheet. Scores'should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing'a stream of the highest quality. I + f (` Total Score from reverse): Comments: ?]r1_i_.5 ??"f##elpi Ct,fvgt.+uddci Y?.t -tfi?d[ta? f 4r Evaluator's Signature r_ z Date J'?' '/d fr This channel evaluation orrn is intended to be used only as a guide to assist landowners and environ- mentnl professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total scare resulting from the completion of this form is subject to USACC approval and does not imply a particular mitigation ratio or requirement- Form subject to change-version 06/03. To Continent, please call 919-876-8441 x 26. • ?.J • STREAM QUALITY ASSESSMENT WORKSHEET T0 r chi 4 C KL,5 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section 1V of the JD Form Instructional Guidebook SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: G PROJECT LOCATION AND BACKGROUND INFORMATION: State:North Carolina County/parish/borough: Beaufort City: Center coordinates of site (lat/long in degree decimal format): Lat. 652204.9° N__, Long. 2690065 ° E. Universal Transverse Mercator: Name of nearest waterbody: Scott Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows. Scott Creek Name of watershed or Hydrologic Unit Code (HUC): Tar-Pamlico (HUC 03020104) ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ® Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: Field Determination. Date(s): 29 Jan 07, 8 May 08, and 21 May 08 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION IO DETERMINATION OF JURISDICTION. There Are "nmdgable waters of the U.S " within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ® Waters subject to the ebb and flow of the tide. [] Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the U.S " within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. n. Indicate presence of waters of U.S. in review area (check nll that apply):' [] TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent waters'- (RPWs) that flow directly or indirectly into TNWs [] Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RP Ws that flow directly or indirectly into TNWs [] Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs El Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs 0 Impoundments of jurisdictional waters E3 Isolated (interstate or intrastate) waters, including isolated wetlands Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: linear feet: 3 width (ft) and/or acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on Eatab?shed :ray UHW]YI Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):3 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: Many other field ditches were evaluated but were determined to not be jurisdictional due to non-aquatic vegetation growing in the channel and no OHWM. 1 Boxes checked below shall be supported by completing the appropriate sections in Section Ili below. For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). 1 Supporting documentation is presented in Section III.F. SECTION IM CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section HI-Cl. and Section M.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections M.A.1 and 2 and Section III.D.I.; otherwise, see Section IILB below. 1. TNW Identify TNW: Scott Creek Summarize rationale supporting determination: The creek is canoeable, even in it's upper reaches during the entire year, shows up on the Beaufort County soil survey and is subject to the ebb and flow of the tide. 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": The wetland surrounds Scott Creek with no upland between the wetland and the creek. B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Aspsnos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section HI.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section M.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section II1.B.1 for the tributary, Section IH.B.2 for any onsite wetlands, and Section IH.B.3 for all wetlands adjacent to that tributary, both onsite and ofisite. The determination whether a significant nexus exists is determined in Section M.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Pick List Drainage area. 1200 _acres Average annual rainfall inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ® Tributary flows directly into TNW. ® Tributary flows through 3 tributaries before entering TN W. Project waters are 1(or'less) river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are FickList aerial (straight) miles from TNW. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: • ° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. Identify flow route to TNW5: The ditch either flows directly into Scott Creek or a perimeter ditch that flows into Scott Creek. Tributary stream order, if known: (b) General Tributary Characteristics (check all that apply): Tributary is: ? Natural ® Artificial (man-made). Explain: Field ditch. ? Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: 3 feet Average depth: 3 feet Average side slopes Vterttcal 0l ar less). Primary tributary substrate composition (check all that apply): ® Silts ® Sands ? Concrete ? Cobbles ? Gravel ? Muck ? Bedrock ? Vegetation. Type/% cover: ? Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: slightly sloughing banks in some areas. Presence of run/riffle/pool_complexes. Explain: None, Tributary geometry: Relatively straight Tributary gradient (approximate average slope): <2 % (c) Flow: Tributary provides for: 5easonaltlow Estimate average number of flow events in review area/year: 20 (or?-greater) Describe flow regime: frequent flow, influenced by rain events. Other information on duration and volume: Surface flow is: Confined. Characteristics: Subsurface flow. Ualaid:*a. Explain findings: ? Dye (or other) test performed: Tributary has (check all that apply): ® Bed and banks ® OHWM6 (check all indicators that apply): ® clear, natural line impressed on the bank ? the presence of litter and debris ? changes in the character of soil ® destruction of terrestrial vegetation ? shelving ? the presence of wrack line ® vegetation matted down, bent, or absent ? sediment sorting ® leaf litter disturbed or washed away ? scour ? sediment deposition ® multiple observed or predicted flow events ® water staining ? abrupt change in plant community ? other (list): ? Discontinuous OHWM.7 Explain: If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): High Tide Line indicated by: ? Mean High Water Mark indicated by: ? oil or scum line along shore objects ? survey to available datum; ? fine shell or debris deposits (foreshore) ? physical markings; ? physical markings/characteristics ? vegetation lines/changes in vegetation types. ? tidal gauges ? other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Some ditches have clear water, but others have cloudy water. 5 Flow route can be descnbed by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TN W. 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. ?Ibid. • • Identify specific pollutants, if known: 9 (iv) Biological Characteristics. Channel supports (check all that apply): ? Riparian corridor. Characteristics (type, average width): ? Wetland fringe. Characteristics: ® Habitat for: ? Federally Listed species. Explain findings: ® Fish/spawn areas. Explain findings: Fish other than mosquito fish have fregently been seen in some of the ditches. ? Other environmentally-sensitive species. Explain findings: ® Aquatic/wildlife diversity. Explain findings: Aquatic invertebrates, reptiles and amphibians have frequently been seen in and around some of the ditches. 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non- Flow is: Of List Explain: Surface flow is: Eck[List Characteristics: Subsurface flow: Pick 9f. Explain findings: ? Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ? Directly abutting ? Not directly abutting ? Discrete wetland hydrologic connection. Explain: ? Ecological connection. Explain: ? Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pk"ist river miles from TNW. Project waters are Pickl ist aerial (straight) miles from TNW. Flow is from: P ildAst. Estimate approximate location of wetland as within the PickZ'isf floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ? Riparian buffer. Characteristics (type, average width): ? Vegetation type/percent cover. Explain: ? Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain findings: ? Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) _ All wetland(s) being considered in the cumulative analysis: Pck,Iist Approximately ( ) acres in total are being considered in the cumulative analysis. 0 For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (YIN) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological Integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TN Ws, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: I. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly Into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: TNWs: linear feetl 5-25 width (ft), Or, acres. El Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. D Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: ® Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Water is fregently seen in the ditches and see details in Section II.B. Provide estimates for jurisdictional waters in the review area (check all that apply): E] Tributary waters: linear feet width (ft). Other non-wetland waters: acres. Identify type(s) of waters: 3. Non-RPWss that flow directly or indirectly Into TNWs. Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): El Tributary waters: linear feet width (ft). El Other non-wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNW9. El Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Q Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this • conclusion is provided at Section III.C. Provide acreage estimates For jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. Demonstrate that impoundment was created from "waters of the U.S.," or El Demonstrate that water meets the criteria for one of the categories presented above (1-6), or 0 Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):'s Q which are or could be used by interstate or foreign travelers for recreational or other purposes. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. El which are or could be used for industrial purposes by industries in interstate commerce. El Interstate isolated waters. Explain: 0 Other factors. Explain: Identify water body and summarize rationale supporting determination: • 9 See Footnote 0 3. To To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. j° Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Provide estimates for jurisdictional waters in the review area (check all that apply): ? Tributary waters: linear feet width (ft). ? Other non-wetland waters: acres. Identify type(s) of waters: ? Wetlands: acres. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ? Prior to the Jan 2001 Supreme Court decision in "Slf'ANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): Non-wetland waters (i.e., rivers, streams): linear feet width (R). Lakes/ponds: acres. Other non-wetland waters: acres. List type of aquatic resource: Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): Non-wetland waters (i.e., rivers, streams): linear feet, width (ft). Lakes/ponds: acres. Other non-wetland waters: acres. List type of aquatic resource: . ? Wetlands: acres. SECTION IV: DATA SOURCES. E] FEMA/FIRM maps: I00-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ? Aerial (Name & Date): or ? Other (Name & Date): Previous determination(s). File no. and date of response letter: Applicabletsupporting case law: Applicable/supporting scientific literature: Other information (please specify): A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: [] Data sheets prepared/submitted by or on behalf of the app] icant/consultant. ? Office concurs with data sheets/delineation report. ? Office does not concur with data sheets/delineation report. Data sheets prepared by the Corps: Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: ? USGS NHD data. ? USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: USDA Natural Resources Conservation Service Soil Survey. Citation: National wetlands inventory map(s). Cite name: State/Local wetland inventory map(s): B. ADDITIONAL COMMENTS TO SUPPORT JD: 0 NL1 NI'aweri laws • APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook SECTION 1: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State:North Carolina County/parish/borough: Beaufort City: Center coordinates of site (tat/long in degree decimal format): Lat. 652204.9° N, Long. 2690065 ° E. Universal Transverse Mercator: Name of nearest waterbody: Scott Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Scott Creek Name of watershed or Hydrologic Unit Code (1•IUC): Tar-Pamlico (HUC 03020104) ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: Field Determination. Date(s): 29 Jan 07, 8 May 08, and 21 May 08 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are "navigable waters of the U.S" within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] • ® Waters subject to the ebb and flow of the tide. El Waters are presently used, or have been used in the past, or maybe susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There iri "waters of the U.S " within Clean Water Act (C WA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. Indicate presence of waters of U.S. in review area (check all that apply): ` ® TNWs, including territorial seas ® Wetlands adjacent to TNWs Q Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs El Non-RPWs that flow directly or indirectly into TNWs El Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Q Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to non-RPWs that flow directly or indirectly into TN Ws Q Impoundments of jurisdictional waters Q Isolated (interstate or intrastate) waters, including isolated wetlands Identify (estimate) size of waters of the U.S. in the review area: Nan-wetland waters: linear feet: I5-25 width (ft) and/or acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on 1.987_ Delinention.Mential Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable)? ® Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: Many field ditches were evaluated but were determined to not be jurisdictional due to non-aquatic vegetation growing in the channel and no OHWM. 0 ' Boxes checked below shall be supported by completing the appropriate sections in Section III below. r For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). 'Supporting documentation is presented in Section 111.F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only, if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Scott Creek Summarize rationale supporting determination: The creek is canoeable, even in its upper reaches during the entire year, shows up on the Beaufort County soil survey and is subject to the ebb and flow of the tide. 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": The wetland surrounds Scott Creek with no upland between the wetland and the creek. B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanas have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section IILD.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section M.B.1 for the tributary, Section IILB.2 for any onsite wetlands, and Section III.B3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Pick-iii Drainage area: PirkIA-t Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ? Tributary flows directly into TNW. ? Tributary flows through ]I tributaries before entering TNW. Project waters are K List river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are Pick List aerial (straight) miles from TNW. Project waters are Pick_List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: • 4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. Identify flow route to TN W5: Tributary stream order, if known: (b) General Tributary Characteristics (check all that aooly): Tributary is: ? Natural ? Artificial (man-made). Explain: ? Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick Dist. Primary tributary substrate composition (check all that apply): ? Silts ? Sands ? Concrete ? Cobbles ? Gravel ? Muck ? Bedrock ? Vegetation. Type/% cover: ? Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence ofrun/riffle/pool complexes. Explain: Tributary geometry: Piek List Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for: PickList Estimate average number of flow events in review area/year: Pick`)List Describe flow regime: Other information on duration and volume: Surface flow is: Pf&lisi. Characteristics: Subsurface flow: Pick-List. Explain findings . ? Dye (or other) test performed: Tributary has (check all that apply): ? Bed and banks ? OHWM6 (check all indicators that apply): ? clear, natural line impressed on the bank ? ? changes in the character of soil ? ? shelving ? ? vegetation matted down, bent, or absent ? ? leaf litter disturbed or washed away ? ? sediment deposition ? ? water staining ? ? other (list): ? Discontinuous OHWM.7 Explain: the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): El High Tide Line indicated by; E] Mean High Water Mark indicated by: ? oil or scum line along shore objects ? survey to available datum; ? fine shell or debris deposits (foreshore) ? physical markings; ? physical markings/characteristics ? vegetation lines/changes in vegetation types. ? tidal gauges ? other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: 5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into 7NW. 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ? Riparian corridor. Characteristics (type, average width): ? Wetland fringe. Characteristics: ? Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain Findings: ? Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality, Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Pick List Explain: Surface flow is: Piek'Liet Characteristics: Subsurface flow: l6cklet Explain findings: ? Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ? Directly abutting ? Not directly abutting ? Discrete wetland hydrologic connection. Explain: ? Ecological connection. Explain: ? Separated by berm barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick=tis_t river miles from TNW. Project waters are Pick-List aerial (straight) miles from TNW. Flow is from: PickUst- Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ? Riparian buffer. Characteristics (type, average width): ? Vegetation type/percent cover. Explain: ? Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain findings: ? Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) _ All wetland(s) being considered in the cumulative analysis: Picle-List Approximately ( ) acres in total are being considered in the cumulative analysis. r • For each wetland, specify the following: Directly abuts? Y/N Size (in acres) Directly abuts? (YIN) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists If the tributary, in combination with all of its adjacent wetlands, has mare than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Nate: the above list of considerations is not inclusive and other functions observed or (mown to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNW9. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: 0 TNWs: linear feet] 5-25 width (ft), Or, acres. El Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. [] Tributaries ofTNWs where tributaries typically flow year-round are jurisdictional, Provide data and rationale indicating that tributary is perennial: El Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g„ typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): Q Tributary waters: linear feet width (ft). Other non-wetland waters: acres. Identify type(s) of waters: 3. Non-RPWss that flow directly or indirectly into TNWs. [] Waterbody that is not a TNW or an RP W, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): Tributary waters: linear feet width (ft). [Q Other non-wetland waters: acres. Identify type(s) of waters: Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Q Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. Q Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: 0 Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section M.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. El Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Q Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters .5' As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. 0 Demonstrate that impoundment was created from "waters of the U.S.," or El Demonstrate that water meets the criteria for one of the categories presented above (1-6), or El Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED ]INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):" E] which are or could be used by interstate or foreign travelers for recreational or other purposes. El from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. [] which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain: Q Other factors. Explain: Identify water body and summarize rationale supporting determination: 40 8S cc Footnote li 3. y To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. t° Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jarisdiietion Following Rapanes. • Provide estimates for jurisdictional waters in the review area (check all that apply): ? Tributary waters: linear feet width (ft). ? Other non-wetland waters: acres. Identify type(s) of waters: [] Wetlands: acres. Other. (explain, if not covered above): F. NON-AMSDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ? Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ? Prior to the Jan 2001 Supreme Court decision in "ST-VAMCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ? Non-wetland waters (i.e., rivers, streams): linear feet width (ft). ? Lakes/ponds: acres. Other non-wetland waters: acres. List type of aquatic resource: Wetlands: acres. judgment (check all that apply): Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required forjurisdiction (check all that apply): [] Non-wetland waters (i.e., rivers, streams): linear feet, width (ft). 0 Lakes/ponds: acres. ? Other non-wetland waters: acres. List type of aquatic resource: [] Wetlands: acres. SECTION IV: DATA SOURCES. and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Data sheets prepared/submitted by or on behalf of the applicant/consultant. ? Office concurs with data sheets/delineation report. ? Office does not concur with data sheets/delineation report. Data sheets prepared by the Corps: Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: ? USGS NHD data. ? USGS 8 and 12 digit HUC maps. 0 U.S. Geological Survey map(s). Cite scale & quad name: 0 USDA Natural Resources Conservation Service Soil Survey. Citation: A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked 0 National wetlands inventory map(s). Cite name: State/Local wetland inventory map(s): 0 0 FEMA/FIRM maps: 100 year Floodplatn Elevation is: (National Gcodectic Vertical Datum of 1929) Photographs: ? Aerial (Name & Date): . or ? Other (Name & Date): Previous determination(s). File no. and date of response letter: Applicable/supporting case law: Applicable/supporting scientific literature; Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: fits S i 4raviseci 1we • APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the ID Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER C. PROJECT LOCATION AND BACKGROUND INFORMATION: State:North Carolina County/parish/borough: Beaufort City: Center coordinates of site (lat/long in degree decimal format): Lat. 652204.9° N. Long. 2690065 ° T. Universal Transverse Mercator: Name of nearest waterbody: Scott Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Scott Creek Name of watershed or Hydrologic Unit Code (HUC): Tar-Pamlico (HUC 03020104) ® Check if map/diagram of review area and/or potential jurisdictional areas istare available upon request. Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different TD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): [] Office (Desk) Determination. Date: N Field Determination. Date(s); 8 May 08 and 21 May 08 SECTION 19: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There A'e "=vigable haters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ® Waters subject to the ebb and flow of the tide. Q Waters are presently used, or have been used in the past, or may he susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters ofthe U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply):1 ® TNWs, including territorial seas Wetlands adjacent to TNWs Q Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs Q Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs El Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs [] Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs Impoundments of jurisdictional waters Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: linear feet: 6-10 width (11) and/or acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on 1987=Delmeahon Manual Elevation of established OHWM (if known): 2. Non-regulated waters/wedands (check if applicable):' [] Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: • 1 Boxes checked below shall be supported by completing the appropriate sections in Section III below. 'For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). 1 Supporting documentation is presented in Section M.F. • SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.I.; otherwise, see Section HLB below. 1. TNW Identify TNW: Smith Creek Summarize rationale supporting determination: The creek is canoeable, even in it's upper reaches during the entire year, shows up on the Beaufort County soil survey and is subject to the ebb and flow of the tide. 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": The wetland is bordered by Smith Creek with no upland between the wetland and the creek, except for spoil piles from the creek. B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Repaneshave been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section IILD.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area Identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section IILM for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (f) General Area Conditions: Watershed size: Pick LIst Drainage area: 1200 acres Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ? Tributary flows directly into TNW. ? Tributary flows through K&,List tributaries before entering TN W. Project waters are Pick List river miles from TNW. Project waters are Pick-List river miles from RPW. Project waters are Pick List aerial (straight) miles from TNW. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: 0 a Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. Identify flow route to TNW5: Tributary stream order, if known: (b) General Tributary Characteristics (check all that apply): Tributary is: ? Natural ? Artificial (man-made). Explain: Field ditch. ? Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Picklist. Primary tributary substrate composition (check all that apply): ? Silts ? Sands ? Concrete ? Cobbles ? Gravel ? Muck ? Bedrock ? Vegetation. Type/% cover: ? Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: slightly sloughing banks in some areas. Presence of run/riffle/pool complexes. Explain: None. Tributary geometry: Pick. List Tributary gradient (approximate average slope): <2 % (c) Flow: Tributary provides for. Me,kList Estimate average number of flow events in review area/year: Pick List Describe flow regime: frequent flow, influenced by rain events. Other information on duration and volume: Surface flow is: E I ls-L Characteristics: ....... ..... . .............. Subsurface flow: Pick List. Explain findings: ? Dye (or other) test performed: Tributary has (check all that apply): ? Bed and banks ? OHWM6 (check all indicators that apply): ? clear, natural line impressed on the bank ? ? changes in the character of soil ? ? shelving ? ? vegetation matted down, bent, or absent ? ? leaf litter disturbed or washed away ? ? sediment deposition ? ? water staining ? ? other (list): the presence of litter and debris destruction ofterrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community ? Discontinuous OHWM.' Explain: If factors other than the OHWM were used to determ [] High Tide Line indicated by: ? oil or scum line along shore objects ? fine shell or debris deposits (foreshore) ? physical markings/characteristics ? tidal gauges ? other (list): Inc lateral extent of CWA jurisdiction (check all that apply): Mean High Water Mark indicated by: ? survey to available datum; ? physical markings; ? vegetation linestchanges in vegetation types. (Hi) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Some ditches have clear water, but others have cloudy water. Identify specific pollutants, if known: ' Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. 'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ? Riparian corridor. Characteristics (type, average width): ? Wetland fringe. Characteristics: ? Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: Fish other than mosquito fish have fregently been seen in some of the ditches. ? Other environmentally-sensitive species. Explain findings: ? Aquatic/wildlife diversity. Explain findings: Aquatic invertebrates, reptiles and amphibians have frequently been seen in and around some of the ditches. 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: PicleLBt. Explain: Surface flow is: Piclt'List Characteristics: Subsurface flow: Pic& List. Explain findings: ? Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-!NM; ? Directly abutting • ? Not directly abutting ? Discrete wetland hydrologic connection. Explain: ? Ecological connection. Explain: ? Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pickiist river miles from TNW. Project waters. are Pic1clist aerial (straight) miles from T NW. Flow is from: ickTst. Estimate approximate location of wetland as within the PickZist floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identity specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ? Riparian buffer. Characteristics (type, average width): ? Vegetation type/percent cover. Explain: ? Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings- 0 Other environmentally-sensitive species. Explain findings: ? Aquatichvildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) Y_ All wetland(s) being considered in the cumulative analysis: PickL-ist Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: 0 Directly abuts? (Y/N1 Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis wifl assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland Hes within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself then go to Section IILD: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section II1.D: Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IILD: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: 0 TNWs: linear feet 6-10 width (ft), Or, acres. [] Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. Q Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: [] Tributaries of TN W where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section I1I.13. Provide rationale indicating that tributary flows seasonally: Water is fregently seen in the ditches and see details in Section II.B. Provide estimates for jurisdictional waters in the review area (check all that apply): ? Tributary waters: linear feet width (ft). Other non-wetland waters: acres. Identify type(s) of waters: 3. Non-RPWss that flow directly or indirectly into TNWs. [] Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): E] Tributary waters: linear feet width (ft). E] Other non-wetland waters: acres. Identify type(s) of waters: Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. [] Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. Wetlands directly abutting an RP W where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III-D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: F1 Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.13 and rationale in Section IH.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNW& E] Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this 10 conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNW& E] Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters a As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. O Demonstrate that impoundment was created from "waters of the U.S.," or Demonstrate that water meets the criteria for one of the categories presented above (1-6), or E7 Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):" E] which are or could be used by interstate or foreign travelers for recreational or other purposes. E] from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. 0 which are or could be used for industrial purposes by industries in interstate commerce. E] Interstate isolated waters. Explain: E] Other factors. Explain: Identify water body and summarize rationale supporting determination: . 'see Footnote # 3. 'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding C WA Act Jurisdicitan Following Rapanas. • Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (ft). Other non-wetland waters: acres. Identify type(s) of waters: Wetlands: acres. F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ? Prior to the Jan 2001 Supreme Court decision in "SR'ANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). Waters do not meet the "Significant Nexus" standard, where such a finding is required For jurisdiction. Explain: [] Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): Nan-wetland waters (i.e., rivers, streams): linear feet width (ft). ? Lakes/ponds: acres. ? Other non-wetland waters: acres. List type of aquatic resource: Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): Non-wetland waters (i.e., rivers, streams): Iinear feet, width (ft). Lakes/ponds: acres. 10 El ? Other non-wetland waters: acres. List type of aquatic resource: Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked and requested, appropriately reference sources below): [] Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Data sheets prepared/submitted by or on behalf of the applicant/consultant. ? Office concurs with data sheets/delineation report. ? Office does not concur with data sheets/delineation report. Data sheets prepared by the Corps: Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: ? USGS NHD data. ? USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: USDA Natural Resources Conservation Service Soil Survey. Citation: National wetlands inventory map(s). Cite name: State/Local wetland inventory map(s): FEMA/FIRM maps: 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ? Aerial (Name & Date): or ? Other (blame & Date): ? Previous determination(s). File no. and date of response letter: Applicable/supporting case law: Applicable/supporting scientific literature: Other information (please specify): 9 B. ADDITIONAL COMMENTS TO SUPPORT JD: • • • ot wAT o2 f J .y o -c Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ?X Section 404 Permit ? Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ? Yes X? No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ?X 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ?X Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes ?X No For the record only for Corps Permit: ? Yes ?X No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes Q No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. X? Yes ? No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ? No 2. Project Information 2a. Name of project: Hell Swamp Scott Creek Watershed Restoration 2b. County: Beaufort 2c. Nearest municipality / town: Pinetown 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information SEE ATTACHMENT A 3a. Name(s) on Recorded Deed: PCS Phosphate Company, Inc. 3b. Deed Book and Page No. 1547/222, 1613/031, 1561/310, 1656/772, 1597/646 3c. Responsible Party (for LLC if applicable): N/A 3d. Street address: 1530 NC Highway 306 South 3e. City, state, zip: Aurora, NC 27806 3f. Telephone no.: 252-322-8249 3g. Fax no.: 252-322-4444 3h. Email address: JFurness@pcsphosphate.com Page 1 of 10 PCN Form - Version 1.4 January 2009 • • • 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ? Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Samuel Cooper 5b. Business name (if applicable): CZR Incorporated 5c. Street address: 4709 College Acres Drive, Suite 2 5d. City, state, zip: Wilmington, NC 28403-1725 5e. Telephone no.: 910-392-9253 5f. Fax no.: 910-392-9139 5g. Email address: scooper@czr-inc.com, jberger@czr-inc.com; jmhudgens@czr-inc.com Page 2 of 10 • B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 07005048, 15023785,15024568,15024842, 15025549 1 b. Site coordinates (in decimal degrees): Latitude: 35.313141 Longitude: -76.4107 1c. Property size: 1,296.92 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Pungo Creek 2b. Water Quality Classification of nearest receiving water: SC; NSW 2c. River basin: Tar-Pamlico 3. Project Description 3a. Pl Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: ease see Attachment B, "Existing Conditions on the Site". 3b. List the total estimated acreage of all existing wetlands on the property: 91.69 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 26,409 3d. Explain the purpose of the proposed project: The proposed project purpose is to restore the site to wetland and swamp/stream systems to be used as private mitigation. 3e. Describe the overall project in detail, including the type of equipment to be used: Please see Attachment C, "Description of the Overall Project, Including Equipment", and Attachment D, "Baker Technical Memorandum". 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / d project incluin all prior phases) in the past? ?X Yes ? No ? Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary ? Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Scott Jones, Washington Field Office Agency/Consultant Company: Other: CZR Incorporated 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 2004, 2008, Attachment E. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? El Yes ? No El Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ?X Yes ? No 6b. If yes, explain. Phase 1, Areas Outside Jurisdictional Areas Phase ll, Areas inside CAMA Jurisdiction with CAMA Permit Authorization Page 3 of 10 PCN Form - Version 1.4 January 2009 • • C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ?X Wetlands ?X Streams - tributaries ? Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 T Excavation Choose one Yes Corps 1.05 W2 T Excavation Choose one Yes Corps 0.96 W3 T Fill Choose one Yes Corps 0.31 W4 T Fill Choose one Yes Corps 0.28 W5 T Fill Choose one Yes Corps 15.01 W6 T Fill Choose one Yes Corps 1.21 2g. Total Wetland Impacts: 18.82 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 T Soil disposal, regrading INT DWQ 8 2,381.77 S2 T Soil disposal, regrading PER DWQ 4 1,746.92 S3 T Soil disposal, regrading PER DWQ 3 1,484.48 S4 T Soil disposal, regrading PER DWQ 12 1,121.72 S5 T Soil disposal, regrading PER DWQ 8 1,839.69 S6 T Soil disposal, regrading PER DWQ 8 800.26 3h. Total stream and tributary impacts 3i. Comments: Please see Attachment F, "Additional Stream Impacts". See Figure 5 for location of numbered lengths. Page 4 of 10 PCN Form - Version 1.4 January 2009 • • • 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individual) list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose 02 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ?X No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ? Neuse ?X Tar-Pamlico ? Catawba ? Randleman ? Other: 6b. Buffer Impact number - Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet 6g. Zone 2 impact (square feet B1 T 9 No 0.31 0.17 B2 T 13 No 0.08 0.03 B3 T 18b No 0.32 0.56 B4 T 20 No 0.27 0.11 B5 T 22 No 0.06 0.05 B6 T No 6h. Total Buffer Impacts: 1.04 o.s2 6i. Comments: See Figure 4 "DWQ Riparian Buffers" Page 5 of 10 • • • D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. N/A - Proposed project is mitigation. 1 b. N/A Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. - Proposed project is mitigation. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ? No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank ? Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Makin a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form - Version 1.4 January 2009 • • • 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires Yes ?X No 11 buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 7 of 10 • • E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ? No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Project is mitigation and will restore buffers. All flow will be diffuse across vegetated wetlands/uplands to i i ff b d t d t ? Yes ?X No rec ng ere res ore reams. e v u s 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0.49% 2b. Does this project require a Stormwater Management Plan? ? Yes ?X No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? N/A ? Phase II ? NSW 3b . Which of the following locally-implemented stormwater management programs ? USMP apply (check all that apply): ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ?Yes Q No attached? 4. DWQ Stormwater Program Review ?Coastal counties ?HQW 4a. Which of the following state-implemented stormwater management programs apply ?ORW (check all that apply): ?Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No Page 8 of 10 PCN Form - Version 1.4 January 2009 • • 0 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ? Yes ? No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ?Yes ?X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ?Yes ?X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ?Yes ?X No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Page 9 of 10 PCN Form - Version 1.4 January 2009 • E 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act i ? Yes ? No mpacts 5c. If yes, indicate the USFWS Field Office you have contacted, Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? N.C. Natural Heritage Program Data and USFWS wobsite 6. Essential Fish Habitat (Corps Requirement) 6a, Will this project occur in or near an area designated as essential fish habitat? L QX Yes No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? USFWS, on site sampling, habitat mapping, "Final Habitat Plan for the South Atlantic Region: Essential Fish Habitat Requirements for Fishery Management Plans of the South Atlantic Fishery Management Council, The Shrimp Fishery Management Plan, (continued below)' T. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation t t i N Yes ?X No s a us (e.g., at onal Historic Trust designation or properties significant in North Carolina history and archaeology)? Letter received from N.C. SHPO Is attached. (Attachment G) 8. Flood Zone Designation (Corps Requirement) 8a, Will this project occur in a FEMA-designated 100-year floodplain? ?X Yes [] No 8b. If yes, explain how project meets FEMA requirements: Project has been coordinated with Beaufort County Floodplain Administrator. The Floodplain Administrator concluded that the project would not result in significant changes to the regulated floodplain, and additional analysis was not required. 8c. What source(s) did you use to make the floodplain determination? Letters to and from Beaufort County Floodplain Administrator, Attachment G. r? yJJ31c? Applicant/Agent's Printed Name At I a ,,Agent's Signature (Agents gnatuf is valid only if an authorization Date let tar from the applicant Is rovided. 111c tceu lirum risnery management Plan, 'rne snapper Grouper Fishery Management Plan, The Coastal Migratory Pelagics Fishery Management Plan, The Spiny Lobster Fishery Management Plan, The Coral, Coral Reefs, and Live/Hard Bottom Habitat Fishery Management Plan, and The Calico Scallop Fishery Management Plan", October 1998, South Atlantic Fishery Management Council. Page 10 of 10 • FIGURES Figure 1 -Vicinity Figure 2 - Site Plan Figure 3 - Existing Conditions and Land Cover Classification Figure 4a - DWQ Riparian Buffers - Temporary Impacts Figure 4b - DWQ Riparian Buffers - Temporary Impacts Enlarged View Figure 5 - Acreages and Linear Footage Jurisdictional Wetlands, Waters, & Streams on Lower Scott Creek • 0 ? 0 ? 0 • y , P-t t 1..- Ryc 9 h RROAD h, h `Q RT. 264 \?? y T 'SEED TICK NE?K R0/!¢ x _t • , ?? f \Af Fte.amP -r 1cf • ? . • - f / ?? "• RT. 99 / i n' vuNCO y HE?LllSWAMP- ',r'`c,`\ /CREEK ROADy SCOTT.CREEI(..?`'_ -2. ?`\ P, .A T x \- / A.t ,. -• e b v 'i ? ? 1r \ •? f • '?. .., ti's 1 \\ i f- A .7H - V N - - - }t ewer .. .H.IL r?•-w L,,,t 0 5,000 10,000 NORTH CAROLINA SCALE IN FEET SITE LOCATION HELL SWAMP VICINITY MAP HELL SWAMP-SCOTT CREEK PCS PHOSPHATE COMPANY, INC. LEGEND -- ---- HELL SWAMP PROJECT BOUNDARY SCALE: AS SHOWN APPROVED BY: DRAWN BY: BFG/TLJ DATE: 03/18/09 FILE: HELLSWAMP-LOC-CAMA SOURCE: CP# 174559.66 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, USGS TOPOGRAPHIC MAP 4709 COLLEGE ACRES DRIVE SUITE 2 IMAGES, NC STATEPLANE, NAD63, FEET, 1:24000-SCALE, USGSTOPOTILEO53.3ID, WILMINGTON, NORTH CAROLINA 26403 Z AND USGSTOPOTILE113.SID, USGS QUADRANGLES RANSOMVILLE AND PANTEGO, INCORPORATED TEL 910/392-9253 FIGURE 1 WEB SITE: WWW.NCDOT.ORG ENV1110NMEMAL CONSULTA FAX 910/392-9139 6£L6-Z6f/016 XV! 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LEGEND SCALE: AS SHOWN APPROVED BY: DRAWN BY: TLJ HELL SWAMP DATE: 04/ 1 0 09 FILE: IHMP CAMA.DWG R_BUF_ CP# 1745.59.66 4709 COLLEGE ACRES DRIVE CZR SUITE 2 WILMINGTON, NORTH CAROLINA 28403 SOURCE: AERIAL IMAGE PROVIDED BY: PCS PHOSPHATE COMPANY. INC. INCORPORATED TEL 910 392-9253 FIGURE 4b ENVNONYENTLL CONSULTANTS FAX 910/392-9139 O I W ? 3 O ? ? O = J I W j J U ?/ J Z W • H < LL W LL O,~^ V a N ? 0 W Z N z ?' 33 Z) z O V7 Q w z (n Q]? Ij ' n cl SO W W m z r 3 y?? v- L) 0 ZQ LL a LLJ ' N Q f- W N O Ld w O ` .. ?h LL F o Q m y a Lli d Q' Q r•? < J U Q F i 146 co , o N - V) Q ° F 3 ;? ? w rn rn 0? f w 2 E J ? O w w ¢ rw Q Q w Q m U z Opp CL L LL Nmmm Q Q N O W v J U LL U Q tY a Q g LL Z ?w?H? > -. Sgnn (n 7 ~ W Q i• ?mm0. MuNm d U Q O m J N < U) CL m? 3 V °o z N~ 3 Q O wozmm Y7 M ?NM O F fn Q 2 O Q K MM NIA?1D ?O H a. O Y J J J J LL H W Q r < O00 S Z -?p 14 J LLJ N W m m <am o RvomOOD Q U) U) LL N o a a a a a w QO a g g= a N a U >>>>> r U ^ a Q x? 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O 00 Cb • ATTACHMENTA Agent Authorization Forms • 0 • • SAMPLE AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. STREET ADDRESS: PLAN NO. PARCEL ID: 0 7 0 0 5 0 4 8 Please print: Property Owner: Property Owner: The undersigned, registered property owners of the above noted property, do hereby authorize ?Efrr £? t- a~?i-- C t?G 4???s QTc' of `i (Contractor / gent (Name of - 115HFt!Agf+FFR) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): Telephone: C ?} 3 C? aH I We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. 1 Ila" - 7 1 Authorized Signature Authorized Signature Date: Date: r 0 r1 LJ • SAMPLE AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. PLAN NO. PARCEL ID: 15023785 STREET ADDRESS: Please print: Property owner: CJ) Property Owner: The undersigned, registered property owners of the above noted property, do hereby authorize ?6'?FFCC"( C, of (Contractor / gent (Name of eeASe}ttR-fiF ) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): .S3o o? C A wy 3c u' ert,ni . Av r-al;A of C, a-isQQ', Telephone: a? 3 3 --::\, - -3 al-i I We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signature Authorized Signature Date: Z < Date: 1 f 0 SAMPLE AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. PLAN NO. PARCEL ID: 15024568 STREET ADDRESS: Please print: Property Owner. Property Owner: The undersigned, registered property owners of the above noted property, do hereby authorize ?'r5yfzcy C, of Pr_t?vsK?Tt' (Contractor / gent ' (Name of eomsbk+R ) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): i S.?e ?1 a 4a, 3c'vr c=%r11 ?{uK???f of a2'? ??? C ' Telephoner We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signature Authorized Signature Date: Date: 1 i • SAMPLE AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO, PLAN NO. PARCEL ID: 15024842 • STREET ADDRESS: Please print: Property Owner. Property Owner: The undersigned, registered property owners of the above noted property, do hereby authorize (Contractor / gent (Name of eaR9uk4m@-4Fm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): Telephone: We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. i7 Authorized Signature Authorized Signature Date: Date: 0 r 1 U SAMPLE AGENT AUTHORIZATION FORM is PROPERTY LEGAL DESCRIPTION: LOT NO. PLAN NO. PARCEL ID: 15025549 STREET ADDRESS: Please print: Property Owner: Property Owner: The undersigned, registered property owners of the above noted property, do hereby authorize G. mss..: of Pc._, (Contractor / gent (Name of ee+Rg?) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): Telephone: ( '3L?a) .S -;? --fk C3 aH I We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signature Authorized Signature Date: Date: t 0 • ATTACHMENT B Existing Conditions on the Site .7 • EXISTING CONDITIONS ON THE SITE Existing conditions are reflected in the attached graphic "Hell Swamp Existing Condition and Land Cover Classification". and summarized below. Agricultural Fields: The majority of the project area (about 1,002 acres) consists of 1-year fallow agricultural rowcrop fields. Woodland Areas: The main body of Scott Creek on the site is bounded by a ±43 acre mature bottomland forest mostly on the south side. The canopy of this forest is comprised of bald cypress (Taxodium distichum), red maple (Acer rubrum), green ash (Fraxinus pennsylvanica), and sweet gum (Liquidambar styraciflua). About a quarter of the creek is forested on both sides and about a quarter is forested only on the south side. Subcanopy and groundcover species include swamp red bay (Persea palustris), wax myrtle (Morella cerifera), greenbriar (Smilax spp.), yellow jessamine (Gelsemium sempervirens), and rush (Juncus spp). Along a portion of the north side of the main body there is a sparse strip (±4 acres) of common reed (Phragmites australis), wax myrtle, black willow (Salix nigra), green ash, and sweet gum. Along both sides of the northern prong of Scott Creek, there are about seven acres of highly disturbed common reed community, wax myrtle, and scattered young pines and hardwoods. Along the western boundary, there are approximately 34 acres of mature hardwoods. An additional 14-acre linear strip of mixed pine/hardwoods separate approximately the northern one third of the site from the balance. Cleared Area: This referenced northern third of the site includes 157 acres of recently cleared and ditched land, in various stages of agricultural conversion. This area is vegetated in dog fennel (Eupatorium capillifolium), panic grass species (Dichanthelium spp.), and red maple, loblolly pine (Pinus taeda), and sweet gum. Vegetated Nonforested Areas: Areas of unforested vegetation occur in several locations within the proposed project area. These include areas along some ditch banks, previous interior parcel boundaries, and the north prong of Scott Creek. Adjacent Property Land Use Description There are two land uses described by Beaufort County. Those are cleared land and un-cleared land. The land uses on the parcels surrounding the project area are described below by project parcel, beginning with the southwest corner of the project site and continuing clockwise around the boundary. The parcel identified as PIN 07005048 contains the southwest corner. The property line angles to the northwest. The land use overlay map identifies the land use along this boundary to be un-cleared; however, there are three abutting residential parcels that are partially cleared. The boundary then continues in a more northerly direction. The land use overlay map identifies the land use along this boundary to be un-cleared; however, the southern approximate half of that boundary is adjacent to land that appears to be agricultural rangeland. The boundary of parcel 15023785 continues project boundary in a slight northeast direction, then angles several times to create the northern boundary, followed by several changes in alignments as it continues midway along the northeastern border. The land use depicted on the county overlay along the entire boundary of this parcel is un-cleared. The northeastern portion of the boundary of this parcel also appears to have several residential lots that are partially cleared. The boundary of parcel number 15024568 continues the project boundary in a southeastern direction. Land use of this parcel and those adjacent is depicted as approximately one half cleared and one half un-cleared. The corner of parcel 15024658 meets the northeastern corner of parcel 07005048. Parcel 07005048 continues to the southeast before angling to the southwest. The land use for the first portion is un-cleared. The land use for the second portion is cleared. The project boundary continues southwest, and then northwest with parcel 15024842. The land adjacent to the southwest portion is cleared. As the parcel angles west, the adjacent land use is un-cleared. Parcel 15024658 continues the boundary to the south, then angles to the northwest, southwest, and southeast. The adjacent land use is cleared. The boundary then continues southwest, with an un-cleared land use classification. The final two angles of this boundary are to the southeast and then southwest. The land adjacent to the first portion is classified as un-cleared and the remaining is cleared. • E ATTACHMENT C Description of the Overall Project, including Equipment L • DESCRIPTION OF THE OVERALL PROJECT, INCLUDING EQUIPMENT The proposed Hell Swamp Scott Creek Watershed project will encompass the restoration or enhancement of approximately 19,783 linear feet of stream, including several headwater systems. Approximately 21 acres of Tar-Pamlico riparian buffer is proposed to be restored or enhanced, with the potential for an additional 21 acres if suitable stream segments form in this system. Approximately 808 acres of non-riparian forested wetlands will be restored. The balance of the on-site wetlands will be preserved, and the remaining uplands will be planted in appropriate mixed hardwoods. The completed project is proposed as mitigation to offset impacts from the proposed PCS Phosphate Mine Continuation activities. Figure 2 shows the proposed yields. Site streams have been channelized for most of the historic reaches. Restoration will entail excavating along the alignment to restore semblance of a natural stream and filling in a few places (see Attachment D, "Baker Technical Memorandum"). Root wads may be used to protect the meanders. The buffer areas and historic riparian areas now mostly in agriculture will be graded only to remove field crowns, and roughened to mimic the pre-developed condition and conserve water on site in a natural fashion. The balance of the fields, constituting the majority of the site, will be graded and roughened as above described to restore areas once in wetland hardwood flats. Upland inclusions will be treated • similarly. All prepared areas will be planted as riparian wetland hardwoods, wetland hardwood flats, and upland areas in a mixture of hardwood species. Since most of the site is in agriculture fields, little clearing will be required. The small areas of pine and mixed pine hardwood will be cleared using standard forestry equipment to include, but not be limited to harvesters, skidders, and loaders, as well as bulldozers with specialized blades for stump cutting and removal. Most of the wetland restoration areas will be prepared with bulldozers, pans, and/or graders to remove the field crowns and furrows, and excavators to plug ditches and construct check dams. Stream restoration will employ principally excavators; dump trucks and other equipment as above may be used. Numbers of each type of equipment cannot reasonably be determined at this time. Equipment as necessary will remain on site until the work is complete. Overnight and weekend storage will be determined as the work progresses. Also, see Attachment D, "Baker Technical Memorandum". 0 • • ATTACHMENT D Baker Technical Memorandum • E Technical Memorandum Project: Hell Swamp Restoration Site Prepared By: Baker Engineering Subject: Narrative Regarding Construction Prepared For: PCS Phosphate Techniques for Scott Creek Channel Date: March 11, 2009 The purpose of this document is to provide additional information regarding the construction techniques to be used in the restoration of the Hell Swamp site; specifically, the approach to filling and restoring the Scott Creek canal. The overall intent of the restoration plan for the entire site is to restore the drainage features as closely as possible to their condition prior to drainage and channelization for agriculture. Therefore, all drainage ditches and canals within the restoration area, including the Scott Creek canal, will be completely filled and the surrounding topography restored to pre-disturbance elevations. A longitudinal profile for the entire Scott Creek system is included in Figure 1, and provides a comparison between the existing depth and elevation of the canal versus the proposed restoration design. The example cross-sections that follow in this text are referenced in terms of the longitudinal profile stationing shown in Figure 1. At the upstream extent of the Scott Creek restoration, the design has been developed to restore the functions of a small, braided headwater stream and wetland system. This will be accomplished by filling the existing ditches and grading the valley bottoms such that flows will be diffuse, spreading across the restored wetland floodplain (Figure 2). This approach will be used from longitudinal station 10+00 through 43+00, as indicated on the design plan sheets for the site. Beginning at station 43+00 and continuing through station 55+70, the restoration design for Scott Creek will involve the construction of a single-thread, meandering sand bed channel. This design approach is based on analysis of erosive forces and sediment transport, as more thoroughly described in the Mitigation Plan document for the site. Starting at station 43+00, the channel excavation will begin at a shallow depth (0.2 - 0.3 feet) and gradually increase to a maximum depth of 1.0 - 1.5 feet for the middle portions of the reach (Figure 3). Likewise, at the downstream end of the reach, the restored channel depths will gradually decrease until reaching station 55+70 where the restored channel will lose definition and will flow back into a braided, meandering stream system across the restored floodplain. A slope of approximately 30:1 will be used at both ends of the single-thread section to gradually connect the braided stream sections with the meandering, single-thread channel. • Page 1 of 6 • c: • I ---- N 0 ?• m ^O s i= o l W U H ( i c o ? I ? y v ? it I ? ? I C I ? C --------- - 0 U) N co ca C Q) CD to w u) C o V r 0 -Z -I ? I L ` O r r c rA _ i. -- -------------- -'--------- - ? r .+ 0 4 , t - ------------ --- ---------- - - __---___ I O a0 (O C N O N 7 t0 (4) U014BA813 bA VJ G 64 Page 2 of 6 C. • • 0 0 20 40 60 80 100 120 140 160 180 200 Station (ft) Cross-section 34+00 Headwaters Section 6 4 ------ c •0 3 d W 2 1 - - - - - Existing Ground Proposed Design, Figure 2. Example cross-section from the headwaters section (10+00 through 43+00) of Scott Creek (looking downstream). 0.5 - - Existing Ground Proposed Design i -- - 0 20 40 60 80 100 120 140 160 180 200 Station (ft) Figure 3. Example cross-section from the single-thread section (43+00 through 55+70) of Scott Creek (looking downstream). 3.5 3 2.5 _? - - - 2 ! 0 1.5 1 M > 1! W 0.5 0 Cross-section 49+50 Single Thread Section of Scott Creek Page 3 of 6 • From station 55+70 through station 62+00, the restoration approach will be similar to that used for the headwaters section. The existing Scott Creek canal will be completely filled and the valley bottom graded to approximate pre-disturbance contours and elevations (Figure 4). This design approach was chosen due to the very low slope of the valley along this section that is more typical of braided stream and wetland systems. Along this reach, the low point of the restored valley will be located near the existing location of the Scott Creek canal. The restored valley bottom will be approximately 2.5 to 3.0 feet higher than the existing canal bottom, and will allow flows to transition to braided floodplain flow prior to entering the wooded historic floodplain downstream (adjacent to the area of CAMA jurisdiction). Cross-section 56+50 Braided Section of Scott Creek, Upstream of CAMA Jurisdiction 3 2.5 2 1.5 ' o ' 0.5 , U s ? • 0 -0.5 , -1 ' ' - - - - Existing Ground -1.5 - - - - - Proposed Design 2 , - 0 20 40 60 80 100 120 140 160 180 200 Station (ft) Figure 4. Example cross-section from the braided section (55+70 through 62+00) of Scott Creek, directly upstream of CAMA jurisdiction (looking downstream). Beginning at approximate station 62+00 and continuing to station 88+00, the natural fall of the valley lies to the south of the existing Scott Creek canal. As shown clearly in historic aerial photographs, the Scott Creek canal along this reach was excavated sometime between 1964 and 1970. The canal was excavated along the northern edge of the stream/wetland system and not along the topographic low point of the valley, most likely due to extremely wet conditions in the center of the system. As a result, much of the historic floodplain to the south of the canal is too wet for agricultural uses and has been left wooded. Beginning at station 64+80, an access lane through the trees follows along the northern side of the existing Scott Creek channel. The lane has been used over the years to keep the canal clear of blockages. This lane will be used during restoration to fill this section of the Scott Creek to pre- disturbance contours. Spoil piles that were created during excavation of the canal will be deposited back • Page 4 of 6 into the canal as fill material. Once filled, water flow along the restored Scott Creek will follow the topographic low point of the valley through the wooded area to the south (Figure 5). The flow will follow a braided pattern through the floodplain as the system would have functioned prior to disturbance. Cross-section 63+50 Restored Floodplain Connection Near Upper Limits of CAMA Jurisdiction 2, 0- ' I i 2 R d -2 , North South W , -3 , -4 j _ . - - - - Existing Ground Proposed Design • II -5 - - - 0 50 100 150 200 250 Station (ft) Figure 5. Example cross-section from the historic floodplain section (62+00 through 88+00) of Scott Creek, where flow will be directed onto the relic floodplain of Scott Creek along its historic flow path (looking downstream). Beginning at approximate station 92+30, the restored Scott Creek system must transition back to the channelized canal at the downstream limit of the project. In this area, water surface elevations are under tidal influence and due to ground elevations near 0.0, the area is most often under backwater effect. Beginning at station 92+30, fill of the canal will be tapered down at a 10:1 slope until reaching the existing bottom elevation of the canal (Figure 6). This fill slope will be completely submerged under normal water conditions; therefore excessive scour or erosion of the fill material is not expected. Page 5 of 6 • Profile Through Channel Fill at End of Scott Creek Restoration 2 FLOW-? Floating Silt Curtains (temporary) 1 / Average Water Level 0 c -1 10 ?1 R m -2 Fill Material W -3 -4 Proposed Design - - - -Existing Canal 5 - - - 921 0 9220 9230 9240 9250 9260 9270 9280 9290 9300 9310 Station (ft) Figu re 6. Profile through channel fill at the end of the Scott Creek restoration reach. • Tributarv Connections Six smaller tributaries will flow into the restored Scott Creek system along its length (Figure 1). The restoration approaches for these tributaries will be comparable to the design approach described for the headwater sections of Scott Creek (station 10+00 to 43+00). The design approach will restore the functions of small, braided headwater stream and wetland systems. This will be accomplished by filling the existing ditches and grading the valley bottoms such that flows will be diffuse, spreading across the restored wetland floodplain. The downstream grades of the tributary valleys will match those of the restored Scott Creek floodplain, such that tributary flows enter the system without causing scour or erosion. • Page 6 of 6 • ATTACHMENT E Wetland Delineation Summary 1. Areas of coastal marsh AEC and coastal shoreline AEC were added subsequent to submittal of this package to Corps. These AECs are depicted on Figure 2 of this application. 2. The parcel boundary has changed since the JD. The current boundary is depicted on Figure 2 of this application. 3. Original JD double counted a 193-foot stream segment (total 26,602 linear feet as shown in JD package figures). Accurate linear feet of jurisdictional stream on Hell Swamp total 26,409. NOTE: See Attachment "F" of the CAMA • 0 • ATTACHMENT F Additional Stream Impacts 0 ADDITIONAL STREAM IMPACTS a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average number - (PER) or (Corps - 404, 10 stream Impact Permanent (P) or intermittent width length Temporary (T) (INT)? DWQ - non-404, (feet) (linear other) feet) S7 ? P ®T ®PER ? Corps ? INT ® DWQ 6 424.41 S8 ? P ®T ®PER ? Corps ? INT ® DWQ 10 34.74 S9 ? PET HIDER ? Corps ? INT ® DWQ 10 980.50 S10 ? P ®T ®PER ? Corps ? INT ® DWQ 3 757.88 S11 ? P ®T EIDER ? Corps ? INT ® DWQ 3 213.75 S12 ? P ®T ®PER ? Corps ? INT ® DWQ 3 630.60 S13 ? P ®T ®PER ? Corps ? INT ® DWQ 3 433.95 S14 ? P ®T ®PER ? Corps ? INT ® DWQ 3 747.33 S15 ? P ®T ®PER ? Corps ? INT ® DWQ 3 441.72 S16 ? P ®T HIDER ? Corps ? INT ® DWQ 3 744.49 S17 ? P ®T ®PER ? Corps ? INT ® DWQ 3 1059.91 S18A ? PH T ®PER ® Corps ? INT ® DWQ 20 3212.00 S18B ? P ®T ®PER ® Corps ? INT ® DWQ 23 460.00 S18C ? P ®T EIDER ® Corps El INT ® DWQ 9.5 1704.00 S19 ? P ®T ®PER ® Corps ? INT ® DWQ 2-4 204.34 S20 ? P ® T ®PER ® Corps ? INT ® DWQ 6 336.57 S21 ? P ® T ®PER ® Corps ? INT ® DWQ 6 192.73 S22 ? P ® T EIDER ® Corps ? INT ® DWQ 8 1975.97 S23 [:1 P ® T ®PER ® Corps E] INT ® DWQ 2.5 1257.61 S24 ? P ®T ®PER ® Corps ? INT ® DWQ 2 831.07 S25 ? P ® T ®PER ® Corps ? INT ® DWQ 3 390.43 AM L 3h. Total stream and tributary impacts 26,409 L? • ATTACHMENT G 1. Letters to Beaufort County Floodplain Administrator 2. Letters to Beaufort County Floodplain Administrator 3. NCSHPO Letter 0 • 0 • 0 • r1 ?J 0 (7/16/2008) Jessica rohrbach - Written Approval of Stream Restoration Page 1 E 0 From: "Paul G. Spruill" <paul.spruill@ncmail.net> To: <jrohrbach@mbakercorp.com> Date: 7/16/2008 10:47 AM Subject: Written Approval of Stream Restoration Dear Jessica: Please accept this correspondence as Beaufort County's approval of the written submittal from Michael Baker Engineering, Inc. detailing your efforts to restore stream and wetland acreage specific to Hell Swamp and Upper Back Creek. Beaufort County's review of the proposal resulted in my staff concluding that impacts to the floodplain would not be so significant as to warrant further study. Sincerely, Paul Spruill, Beaufort County Manager 0 a??4 North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Sandbeck, Administrator 17-? Michael F. Easley, Governor Office of Archives and Hbmry Lisbeth C. Evans, Secretary Division of Historical Resources Jeffrey J. Crow, Deputy Secretary David Brook Director November 1, 2007 Julia Kirkland Berger CZR Incorporated 2151 Alternate A1A South Suite 2000 Jupiter, FL 33477-3902 Re: Mitigation Site, Hell Swamp Wetland Restoration, West of Belhaven, Beaufort County, ER 07-2167. Dear Ms. Berger: Thank you for your letter of October 2, 2007, concerning the above project. We have conducted a review of the proposed undertaking and are aware of no historic resources that would be affected by the project. Therefore, we have no comment on the undertaking as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ota- 0.? A .- Peter Sandbeck Kf tvlov CZR Incoroora ed wilrnincisn, NC 0