20090734 Ver 1_401 Application_20090709

LYQ °? ~ bJ3'?
Buckhorn Generating Facility Removal
and Stream Restoration
401/404 Pre-Construction Notification 54p AJUD
° E@f0 Le-
JUL 'i 2na
DENR - WATER QUALITY
WETLANDS AND STORl WVER BRANCH
v? Progress Energy
Owner/Applicant: Progress Energy
410 South Wilmington Street
Raleigh, NC 27602
Gayle Lanier, VP Corporate Services
4V
stantK
Prepared by: Stantec Consulting Services, Inc.
801 Jones Franklin Road, Suite 300
Raleigh, NC 27606
Nate Jean, PE
Amber L Coleman, LSS, PWS
June 22, 2009
Ol ?v Pro9ress Ener9Y
June 10, 2009
5`3L It c, \§ L?? Duo
!UL "i 2009
DE.NR - WATER CMAUTY
WETLANDS AND STORMWMER MIt H
PAI
Lia Myott Gilleski
NC Division of Water Quality
2321 Crabtree Blvd., Ste 250
Raleigh, NC 27604
Dear Lia Gilleski:
Please find the attached Pre-construction Notification (PCN) and supporting
documentation to apply for a Nationwide Permit (NWP) No. 27 for the Buckhorn
Generating Facility Removal and Stream Restoration in Chatham County, NC.
Background
The Buckhorn Generating Facility was built in 1908 and includes a dam, powerhouse,
and associated maintenance building. Flows from the Cape Fear River were rerouted
into Buckhorn Creek near the upstream Buckhorn Dam (located on the Cape Fear River)
and filled a pond that provided the necessary hydraulic head to operate the powerhouse.
A reinforced berm is present along the area where the Cape Fear River is parallel to
Buckhorn Creek, presumably to historically maintain the level of the water behind the
Buckhorn Generating Facility dam. The dam and pond were present until approximately
1966 when the Generating Facility was decommissioned and the dam was breached.
The buildings, dam, and berm are still present onsite although the turbines and other
mechanical and electrical items have been removed from the buildings. Buckhorn Creek
currently flows through the powerhouse building and out through the base of the dam.
The dam, powerhouse, a small section of concrete berm, and maintenance building are
proposed to be removed. The dam and powerhouse structures will be demolished and
rubblized. The metal within the structures will be hauled off site for recycling and the
concrete will be disposed of onsite.
Buckhorn Creek has a streambed elevation difference of approximately 8 feet from 115
upstream of the dam to 65 feet downstream of the dam according to the "Preliminary
Survey of Buckhorn Creek Dam" by Restoration Systems, LLC. This difference in
elevation is primarily due to decades of sediment accumulation behind the dam as well
as the remnants of the dam. With removal of the powerhouse and dam the stream will
require rehabilitation to provide a smoother transition in the stream profile, which will
provide appropriate streambed sediment transport and promote biological passage. This
restoration will also prevent a head cut from forming and migrating upstream. The
restoration of approximately 1537 linear feet of Buckhorn Creek and nearby tributaries
will be undertaken using natural channel design. The attached plan set consists of a plan
0 view, morphological table, structure details, planting plan, and a profile in table form. It is
• view, morphological table, structure details, planting plan, and a profile in table form. It is
important to note that Progress Energy is not seeking mitigation credit for this channel
work at this time, but the stream has been designed such that Progress Energy could
pursue credit at a later date if they so desire. Please see the attached Engineering
Technical Report and associated plan set for more detailed information regarding the
project.
T&E Species
According to the Natural Heritage Program's Virtual Workroom only two federally
protected species occur within 2 miles of the project site: the protected Bald Eagle
(Haliaeetus leucocephalus) and the endangered Cape Fear Shiner (Notropis
mekistocholas). According to the preliminary site investigations by Restoration Systems,
LLC, (RS) habitat for both species may be present near the project area.
RS coordinated with the NC Wildlife Resources Commission (WRC) and the NC Natural
Heritage Program (NHP) to determine that eagle nesting activity has been recorded
within 0.5 miles of the project site. The WRC suggested that if the nest was no closer
than 0.25 miles from the construction site, the proposed project would not be in violation
of the Bald and Golden Eagle Protection Act (BGPA) guidance. The BGPA outlines that
the largest buffer recommended for worst-case site noise is 660 feet. Based on this
information, it is apparent that the project will not violate the technical requirements of
the BGPA. Since noise and a strong correlation with distance to nest site are major
issues of concern and since it is highly likely that the demolition activities will generate
high levels of noise, a commitment is made to coordinate with the NCWRC and USFWS
40 prior to initiating actual demolition work to ensure the project remains in compliance with
the BGPA.
An aquatic species survey was completed by The Catena Group, Inc. in September
2008 in three locations: Buckhorn Creek between the Cape Fear River and the base of
the Buckhorn Creek dam; from the head of the Buckhorn Creek Dam upstream through
the project limits; and in the vicinity of the NC 42 crossing of Buckhorn Creek,
approximately 2.5 miles upstream of the project area. The Cape Fear Shiner was not
found in any of those stream segments and the absence was attributed to poor habitat
conditions. Based on these findings, The Catena Group, Inc. concluded that the project
will have no effect on the Cape Fear Shiner. A copy of the aquatic species survey report
is included with this permit application.
Jurisdictional Waters / Impacts
The project area was delineated by Restoration Systems, LLC in September 2008. The
delineation is included within this permit application for approval. Each of the small
wetland areas are not large enough to be classified as a specific type, although they all
occur along the stream channel and if they included more woody vegetation would likely
be considered within the Bottomland Hardwood Forest type. The wetlands onsite are
influenced hydrologically both currently and historically by the dam and associated
structures. The majority of these wetlands will be impacted by the relocation of the
stream. It is likely that new wetlands will form along the new lower elevation floodplain of
Buckhorn Creek and will be of higher ecological function than these existing wetlands.
•
• Temporary stream impacts (1537 linear feet) will occur due to the relocation and
restoration of Buckhorn Creek and its two small tributaries. NC DWQ stream ID forms
were completed for the two tributaries which were confirmed to be perennial channels.
The attachments contain the PCN form, vicinity map, USGS topoquad map, soils
mapping, an Engineering Technical Report outlining the details of the stream restoration
and construction sequencing, Site Plans, an Impact Map, NC SHPO correspondence,
the Aquatic Species Survey Report, and the Jurisdictional Waters Delineation survey
plat and associated materials. Please contact Buzz Bryson, Progress Energy, (919)546-
6637 if you have any questions.
Sincerely,
gMCG
Gayle anier
VP Corporate Services
Tel: [phone]
Fax: [phone]
Attachment: 5 copies PCN packet (3-ring binder)
2 copies full size set of plan sheets
•
0
• Buckhorn Generating Facility Removal and Stream Restoration
401/404 Pre-Construction Notification
June 22, 2009
Table of Contents
1. 401 Oversight/Express Permitting PCN Submittal Checklist
2. Pre-Construction Notification (PCN) Form
3. Project Maps
¦ Figure 1. Vicinity Map
¦ Figure 2. USGS 1:24,000 Topo Map
¦ Figure 3. NRCS Soil Survey Map
4. Engineering Technical Report
5. 11 x17 Planset
¦ 0.0 Cover
¦ 1.1 Conventional Symbols
¦ 2.1-2.2 Design Data
¦ 3.1-3.7 Details
¦ 4.1-4.5 Plan Sheets
¦ 5.1-5.7 Erosion & Sediment Control (Not included in this permit
application but can be provided upon request)
¦ 6.1-6.2 Planting Plan
¦ 7.0 Impact Map
6. NC DWQ Stream ID Forms for Reaches 2 and 3
7. Jurisdictional Delineation (prepared by Restoration Systems, LLC)
• ¦ Jurisdictional Waters Maps
¦ Approved Jurisdictional Determination Form
8. Aquatic Species Survey Report (prepared by The Catena Group, Inc.)
9. NC SHPO correspondence
40
Version 1.4
January 9, 2009
• 401 Oversight/Express Permitting PCN Submittal Checklist
® The application fee (Checks may be made out to "N.C. Division of Water Quality"
- $240.00 for 401 Water Quality Certification with minor impacts
- $570.00 for 401 Water Quality Certification with major impacts
- Express Review Fee (Amount requested on Acceptance Letter)
® Five (5) complete and collated copies of the PCN Application and supporting
documentation (instead of providing 5 copies of the full size plans you may provide two
copies of full size plans along with three copies of 11 X 17 plans)
? Stormwater Management Plan (if applicable - see PCN Form Help File Section E)
1) Please provide three (3) copies of the stormwater management plans along with all
supporting information pertaining to this project including the following:
a. Entire site development/layout plans delineating all drainage areas;
b. Design calculation sheets for all proposed BMP(s) sized for both on-site and
off-site drainage;
c. BMP supplements for each proposed BMP and Required Items Check List
(http://h2o.enr.state.nc.us/su/bmD forms.htm) along with all required
items;
d. A Notarized Operation & Maintenance Agreement for each stormwater
management facility;
e. Detailed construction drawing sheets shall include
(i) Erosion and sediment control plans;
(ii) Installation and planting schedules for the proposed BMPs;
(iii) Appropriately scaled plan views and cross sectional details of all
BMPs and associated components - inlet and outlet structures,
forebay, respective zones and pertinent elevations.
? If your project is located within a State implemented Riparian Buffer Rule Area, submit the
following along with site plans and PCN form:
1) Three (3) copies of the details for on-site diffuse flow provisions, (refer to
http://h2o.enr.state. nc. us/su/bmp_forms. htm).
® DWQ Stream Determination Forms for streams on property and DWQ determination
letter for wetlands or streams (if applicable).
The following is the most critical of all the information that you must provide. The quality and
detail of the information will often determine the expeditiousness of the review. The following is
a checklist of the types of pertinent information required at a minimum:
Maps and Plans:
® The most recent version of the 1:24,000 USGS Topographic Map - Please cleanly draw or
delineate the site boundaries on the topographic map.
® The most recent version of the bound and published County NRCS Soil Survey Map -
(required for projects within the Neuse River Basin, Tar-Pamlico River Basin, Randleman
Lake Watershed and the Catawba River Basin, also recommended for all projects) -
Please clearly delineate the site boundaries, etc. on the map. If the delineation obscures
any of the features, it is recommended that a clean copy be provided. Copies of the
Version 1.4
January 9, 2009
current soil survey and/or soil survey map sheets can be obtained from the local NRCS •
County Office (http://www.nc.nres.usda.gov/). GIS soil layers are not acceptable.
® Vicinity map - Please clearly mark the location and approximate boundaries of the property
and project on the map. Please indicate north arrow and scale. Please include applicable
road names or State Road numbers.
® The Site Plan - The most critical map to be provided is the site plan. You must provide full
sized plans. The following is the minimum list of plans that are typically needed.
® Pre-construction/Pre-existing conditions - This sheet (or sheets) must include:
• All jurisdictional and non-jurisdictional wetland, stream, water features, State regulated
buffers (delineated into Zones 1 and 2)
• Topographic contours with elevations
• Any existing structures and impervious areas
• Existing utility lines and easements
• Existing roads, culverts, and other pertinent features
• North arrow and the scale (1":50' scale is recommended).
® Proposed conditions - This sheet (or sheets) must include:
• All jurisdictional and non-jurisdictional wetland, stream, water features, State regulated
buffers (delineated into Zones 1 and 2)
• Lot layout (if a subdivision or commercial development is proposed) - lots must be
developable without further impacts to jurisdictional and non-jurisdictional wetlands,
streams, water features, and State regulated buffers. Building envelopes must be •
provided when streams, wetlands, riparian buffers, or water features exist on a lot
• All built-out structures and impervious cover
• Final grading contours with elevations
• All utilities and easements (including septic fields on all lots within 100 feet of stream,
wetland, or water features - if applicable)
• Impacted areas - these should correspond with the Impact numbers listed on your PCN
form.
® Drainage Plans - Final drainage plans must include the following:
• Locations and pertinent elevations and sizes of the stormwater collection system and
drainage ways
• All inlets and outlets must also be shown with pertinent elevations All outlets to
wetlands must be at a non-erosive velocity, generally less than 2 ft/sec during the peak
flow from the 10-yr storm)
• Scaled stormwater BMPs must also be indicated as required by DWQ rules and policies
• In certain cases (see Section E of PCN form), final stormwater management plans must
also be provided (see Stormwater Management Plan Checklist)
® Proposed Impacts - All impacts to jurisdictional and non-jurisdictional wetland, stream,
water features, and State regulated buffers must be shown and labeled on the site plans at
a scale no smaller than 1" = 50'. All excavation, fill, flooding, stabilization, and other impacts
that will be conducted in or near jurisdictional and non-jurisdictional wetland, stream, water
features, and State regulated buffers must be indicated. Please provide cross sectional
details showing the provisions for aquatic life passage (burial of culvert 20% for culverts s 48 •
inches, and 1-foot for culverts > 48 inches).
Version 1.4
January 9, 2009
• Wetland Impacts:
® Precise grading and final elevation contours must be provided. Existing
vegetation and any clearing must be specified.
? All subsurface utility lines must indicate the location of anti-seep collars.
Construction detail for anti-seep collars must be provided.
? Roadway or other crossings of riparian wetlands may require floodway culverts to
maintain existing hydrological conditions.
® Plans should show that the hydrology of remaining wetlands on the site will be
maintained.
Stream Impacts:
® Stream impacts must be clearly shown on the plans. The centerline as well as
the banks of the stream must be surveyed or located by GPS for the portion of
the stream to be impacted.
? The inlet and the outlet of all culverts should be aligned with the stream as
much as possible. Inlet and outlet elevations and streambed elevations should
be indicated. Any inlet or outlet protection must be shown and enumerated on
the impact map(s).
? For bottomless culverts or other spans, a vertical cross section should be
provided that shows the minimum distance from each span to each stream bank,
the stream cross section, the height of the span above the stream and the
minimum distance from the edge of each footer to each stream bank.
Additionally, please provide a signed and sealed geotechnical report of
subsurface soils at the proposed bottomless culvert location. The report must
comply with the Division of Highways - Guidelines for Drainage Studies and
Hydraulic Design, prepared by A. L. Hankins, Jr., State Hydraulics Engineer -
1999.
? Multiple culverts or sectioned box culverts typically require the use of sills, off-
setting or other means to match the cross section of the existing stream (in order
to maintain stream stability and provide aquatic life passage). A vertical cross
section of the culverts should be shown overlain with the up and downstream
stream cross section including the stream flood-prone area.
? Impacts associated with dam construction must indicate and enumerate all fill
associated with the dam footprint, spillway and any bank stream bank
stabilization. The length of stream impounded must also be indicated and
enumerated.
0
Exp Oct- o134
aF W AT FgQG
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f. _
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PC Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the

Corps:

Section 404 Permit El Section 10 Permit
FN
1b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
N 401 Water Quality Certification - Express ? 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 ® No For the record only for Corps Permit:

? Yes ® 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 ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ? No
2. Project Information
2a. Name of project: Buckhorn Generating Facility Removal
2b. County: Chatham

2c. Nearest municipality / town: 0:
Moncure on U V1
2d. Subdivision name: n/a 00
2e. NCDOT only, T.I.P. or state
project no:
n/a
NR-WATER411AUn
3. Owner Information 'altt~'hJ?t
3a. Name(s) on Recorded Deed: Carolina Power & Light Co
3b. Deed Book and Page No. book 356 page 0529
3c. Responsible Party (for LLC if
applicable): Gayle Lanier, VP Corporate Services, Progress Energy
3d. Street address: 410 South Wilmington Street
3e. City, state, zip: Raleigh, NC 27602
3f. Telephone no.: 919-546-5200
3g. Fax no.: 919-546-4612
3h. Email address: n/a
E
Page I of 12
PCN Form - Version 1.3 December 10, 2008 Version

4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name: n/a
4c. Business name
(if applicable): n/a
4d. Street address: n/a
4e. City, state, zip: n/a
4f. Telephone no.: n/a
4g. Fax no.: n/a
411. Email address: n/a
5. Agent/Consultant Information (if applicable)
5a. Name: n/a
5b. Business name
(if applicable): n/a
5c. Street address: n/a
5d. City, state, zip: n/a
5e. Telephone no.: n/a
5f. Fax no.: n/a
5g. Email address: n/a
J
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Page 2 of 12
PCN Form - Version 1.3 December 10, 2008 Version

•
B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel ID): 0604-86-0726.000
1 b. Site coordinates (in decimal degrees): Latitude: 35.53120 Longitude: - 78.97526
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 10.3 acre project area; total parcel = 250 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: Buckhorn Creek [DWQ Index 18-7-(11)]
2b. Water Quality Classification of nearest receiving water: C
2c. River basin: Cape Fear
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The project site consists of a decommissioned powerhouse and dam over Buckhorn Creek. The dam has been breached
and the turbines have been removed from the powerhouse. Buckhorn Creek currently flows through the old powerhouse
building. A reinforced berm separates the upstream side of Buckhorn Creek from the Cape Fear River. The surrounding
project area is wooded.
3b. List the total estimated acreage of all existing wetlands on the property:
0.234 acres of wetlands within the project area
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
1537 linear feet of perennial stream within the project area
3d. Explain the purpose of the proposed project:
The Buckhorn Generating Facility was built in 1908 and was decommissioned in 1966. The old dam and associated
structures are proposed to be removed. To repair the historical damage to the stream, an approximately 1200 linear foot
section of Buckhorn Creek will be replaced using natural channel design. Approximately 337 linear feet of two degraded
tributaries will also be repaired to tie in to the new conditions of Buckhorn Creek.
3e. Describe the overall project in detail, including the type of equipment to be used:
Dam and powerhouse structures will be demolished and rubblized. The metal within the structures will be hauled off site
for recycling and the concrete will be disposed of onsite. The profile of Buckhorn Creek will be restored to pre-project
conditions using natural channel design. Track hoes, bulldozers, front-end loaders, backhoes, dump trucks will be used to
demolish the structures and build the stream channels. For more information please see the attached technical report.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
? Yes No ? Unknown
Comments: A wetland delineation was completed by
Restoration Systems, LLC in September 2008 and is
included in this application for approval.
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Restoration Systems, LLC
Name (if known): unknown Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
n/a
Page 3 of 12
PCN Form - Version 1.3 December 10, 2008 Version
S. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? ? Yes ®No
? Unknown
5b. If yes, explain in detail according to "help file" instructions.
n/a
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
n/a
1
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Page 4 of 12
PCN Form - Version 1.3 December 10, 2008 Version

•
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ® 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. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) (if known) DWQ - non-404, other) (acres)
or Temporary T
W1 ® P ? T Excavation Riparian ? Yes
® No ® Corps
? DWQ 0.01
W2 ®P ? T Excavation Riparian ? Yes
® No ? Corps
? DWQ 0.008
W3 ®P ? T Excavation Riparian ? Yes
® No ® Corps
? DWQ 0.008
W4 ®P ? T Fill Riparian ? Yes
® No ® Corps
? DWQ 0.004
W5 ® P ? T Fill Riparian ? Yes
® No ® Corps
? DWQ 0.03
W6 ®P ? T Destruction from Riparian ? Yes ® Corps 0
04
dam/wingwall removal ® No ? DWQ .
W7 ®P ? T Excavation Riparian ? Yes
® No ® Corps
? DWQ 0.06
2g. Total wetland impacts 0.16
2h. Comments: Each of the wetland areas is not large enough to be classified as a specific type, although they all occur along
the stream channel and if they included more woody vegetation would likely be considered within the Bottomland Hardwood
Forest type. The wetlands onsite are influenced hydrologically both currently and historically by the dam and associated
structures. The majority of these wetlands will be impacted by the relocation of the stream. It is likely that new wetlands will
form along the new lower elevation floodplain of Buckhorn Creek and will be of higher ecological function than these existing
wetlands.
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. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) intermittent DWQ - non-404 width (linear
or Temporary (T) (INT)? ,
other) (feet) feet)
S1 ? P ®T Relocation/Restoration Reach 1
(Buckhorn Creek) ® PER
? INT ® Corps
? DWQ 40 1200
S2 ? P ® T Relocation/Restoration Reach 2 (UT to ® PER ® Corps 11 150
Buckhorn Creek) ? INT ? DWQ
S3 ? P ®T Relocation/Restoration Reach 3 (UT to ® PER ® Corps 10 187
Buckhorn Creek) ? INT ? DWQ
3h. Total stream and tributary impacts 1537
3i. Comments: For a discussion of the stream restoration please see the attached technical report.
Page 5 of 12
PCN Form - Version 1.3 December 10, 2008 Version
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 individually 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 ? P ? T n/a n/a n/a n/a
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts n/a
4g. Comments: n/a
5. Pond or Lake Construction
If and or lake construction proposed, then com lete the chart below.
5a.

Pond ID 5b.

Proposed use or purpose of 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland
(acres)
number pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1 n/a n/a n/a n/a n/a n/a n/a n/a
P2
5f. Total
5g. Comments: n/a
5h. Is a dam high hazard permit required?
? Yes ®No If yes, permit ID no:
5i. Expected pond surface area (acres): n/a
5j. Size of pond watershed (acres): n/a
5k. Method of construction: n/a

10
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Page 6 of 12
PCN Form - Version 1.3 December 10, 2008 Version

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.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) for Stream name mitigation (square feet) (square feet)
or Temporary impact required?
T
131 ? P ? T n/a n/a ?? Nos n/a n/a
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts n/a n/a
6i. Comments: n/a
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
This project will involve removal of a deteriorated structure and restoration of a previously impacted stream to a more stable
and natural stream. Please see the attached technical report for a more detailed description of avoidance and minimization
measures.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The new channel will be built primarily in the dry and typical sediment and erosion control practices will be implemented.
Water will be turned into the new channel before building demolition is complete such that the new channel has the added
benefit of serving as a diversion channel which will protect water quality during the demolition activities. Please see the
attached technical report for a more detailed description of avoidance and minimization measures.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ? Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
? Mitigation bank
2c. If yes, which mitigation option will be used for this project? ? Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: n/a
3b. Credits Purchased (attach receipt and letter) Type n/a Quantity n/a
•
Page 7 of 12
PCN Form - Version 1.3 December 10, 2008 Version
3c. Comments: n/a
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: n/a linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): n/a square feet
4e. Riparian wetland mitigation requested: n/a acres
4f. Non-riparian wetland mitigation requested: n/a acres
4g. Coastal (tidal) wetland mitigation requested: n/a acres
4h. Comments: n/a
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.
n/a
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
buffer mitigation? ? Yes ® No
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.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 n/a n/a 3 (2 for Catawba) n/a
Zone 2 n/a n/a 1.5 n/a
6f. Total buffer mitigation required: n/a
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).
n/a
6h. Comments: n/a

0
•
Page 8 of 12
PCN Form - Version 1.3 December 10, 2008 Version
r

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.
? Yes ? No
Comments: n/a
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 0%
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Project includes removal of structures
and stabilization of Buckhorn Creek. No impervious area will be added.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
n/a
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Chatham County
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
® Other: none
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No
attached?
4. DWQ Stormwater Program Review
? Coastal counties

4a. Which of the following state-implemented stormwater management programs apply ? HQW
? ORW
(check all that apply): ? Session Law 2006-246
® Other: none
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
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 9 of 12
PCN Form - Version 1.3 December 10, 2008 Version
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: n/a
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 ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): n/a
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® 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.
This project involves the removal of deteriorated structures and the relocation and restoration of a section of stream.
Additional development will not result from these activities.
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.
No wastewater will be generated from the proposed project.

0
•
Page 10 of 12
PCN Form -Version 1.3 December 10, 2008 Version

4
C
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ® Yes ? No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
El Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
According to the Natural Heritage Program's Virtual Workroom only two federally protected species occur within 2 miles
of the project site. The protected Bald Eagle (Haliaeetus leucocephalus) and the endangered Cape Fear Shiner (Notropis
mekistocholas). According to preliminary site investigations by Restoration Systems, LLC, (RS) habitat for both species
may be present near the project area.
RS coordinated with the NC Wildlife Resources Commission (WRC) and the NC Natural Heritage Program (NHP) to
determine that eagle nesting activity has been recorded within 0.5 miles of the project site. The WRC suggested that if the
nest was no closer than 0.25 miles from the construction site, the proposed project would not be in violation of the Bald
and Golden Eagle Protection Act (BGPA) guidance. The BGPA outlines that the largest buffer recommended for worst-
case site noise is 660 feet. Based on this information, it is apparent that the project will not violate the technical
requirements of the BGPA. Since noise and a strong correlation with distance to nest site are major issues of concern
and since it is highly likely that the demolition activities will generate high levels of noise, a commitment is made to
coordinate with the NCWRC and USFWS prior to initiating actual demolition work to ensure the project remains in
compliance with the BGPA.
An aquatic species survey was completed by The Catena Group, Inc. in September 2008 in three locations: Buckhorn
Creek between the Cape Fear River and the base of the Buckhorn Creek dam; from the head of the Buckhorn Creek
Dam upstream through the project limits; and in the vicinity of the NC 42 crossing of Buckhorn Creek, approximately 2.5
miles upstream of the project area. The Cape Fear Shiner was not found in any of those stream segments and the
absence was attributed to poor habitat conditions. Based on these findings it is reasonable to conclude that the project
will have no effect on the Cape Fear Shiner. A copy of the aquatic species survey report is included with this permit
application.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
1998 Final Habitat Plan for the South Atlantic Region: Essential Fish Habitat Requirements for Fishery
South Atlantic Habitat and Ecosystem IMS (http://ocean.floridamarine.org/efh-coral/ims/viewer.htm)
7. 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 ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Please see the attached confirmation letter from NC SHPO that the powerhouse and attending structures are not eligible
for listing on the national register of historic sites.
Page 11 of 12
PCN Form -Version 1.3 December 10, 2008 Version
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No
8b. If yes, explain how project meets FEMA requirements: This project will not raise base flood elevations in the special flood
hazard area.
8c. What source(s) did you use to make the floodplain determination? FEMA flood maps
cu 6
Applicant/Agent's Printed Name icant/Agen 's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
..J
•
•
Page 12 of 12
PCN Form - Version 1.3 December 10, 2008 Version
I•
•
•
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Figure 1. Vicinity Map
Buckhorn Generating
Facility Removal
June 2009
-?- Railroad
® County boundaries
N US Highways
4
NC Highways
Roads
Streams C
Lake/pond
City Limits Stantec
Holly
Springs
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P
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Project Area
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9
7
Figure 2. Topographic Map
Buckhorn Generating ? ?.,`'`'\ _ = ?/??'
Facility Removal
USGS 7.5" Cokesbury TopoQuad Stantec
/CP
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•
10
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([W 8C
PaE
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Figure 3. Chatham County CeD WeE
NRCS Soils Map rfx?
Buckhorn Generating Facility Removal LSF LsF
June 2009
CeB; CeC; CeD - Cecil gravelly sandy loam
ChA - Chewacla and Wehadkee soils
HeB; HeC - Helena sandy loam
LsF - Louisa fine sandy loam"" '
MaB - Mattaponi fine sandy loam
McC - Mattaponi-Peawick complex
PaE - Pacolet gravelly sandy loam
RvA - Riverview silt loam
TuA - Turbeville fine sandy loam
WeC; WeD; WeE - Wedowee 0 500 1,000 2,000
sandy loam
W -Water - - 'Feet
StanteC
Technical Report
Buckhorn Generating Facility Removal and Stream Restoration
June 2009
Background
The purpose of this report is to provide information for 401/404 permitting purposes regarding
the proposed demolition of the Buckhorn Generating Facility and the associated stream
restoration project located on Buckhorn Creek in Chatham County. Progress Energy Carolinas
(PEC), the owner of the project site, has contracted with Stantec Consulting Services, Inc. to
remove the approximately 100 year old generating facility and associated concrete structures and
to re-stabilize Buckhorn Creek in the generating facility area. Although the dam was breached in
1966, Buckhorn Creek currently runs through the power house. The creek has a streambed
elevation difference of approximately 8 feet from 115 feet upstream of the dam to 65 feet
downstream of the dam according to the "Preliminary Survey of Buckhorn Creek Dam" by
Restoration Systems, LLC. This difference in elevation is primarily due to decades of sediment
accumulation behind the dam as well as the actual remnants of the dam. With removal of the
powerhouse and dam the stream will require rehabilitation to provide a smoother transition in the
stream profile, which will provide appropriate sediment transport and promote biological
passage. This restoration will also prevent a head cut from forming and migrating upstream. Two
small tributaries will also be required to be restored to tie into the new conditions of Buckhorn
Creek. The attached plan set consists of a plan view, morphological table, structure details,
planting plan, and a profile in table form. Also included at the end of this report is the sequence
of construction. It is important to note that Progress Energy is not seeking mitigation credit for
this channel work at this time, but the stream has been designed such that Progress Energy could
pursue credit at a latter date if it so desires. The project work will involve the following:
• Demolish and remove the concrete/masonry dam, powerhouse and associated
obsolete structures at the site of the old hydroelectric power station. Demolition
and removal of these structures will result in temporary impacts to Buckhorn
Creek, as well as permanent impacts to several small wetland areas.
• Restore 1537 linear feet of Buckhom Creek and adjacent tributaries following
removal of the old dam.
• Plant 50 feet of native woody riparian buffer on both sides of Buckhorn Creek
within the project limits.
Methodology: Channel Design
The channel design involves approximately 1537 linear feet of channel construction along
Buckhorn Creek. This design involves the formation of a new cross-section, new pattern, new
profile and placement of in-stream structures. The cross-section was sized based on the USGS
gage upstream of the project area. A flow of 425 cfs was selected as the design discharge and
was chosen because it falls between the 1.01 and 1.25 year storm according to the gage analysis.
It is important to remember that discharge in this section of Buckhorn Creek is not driven by
natural hydrology. Discharge is controlled by releases from Shearon Harris Lake which are
determined by the need to control water surface elevations in the lake and discharge
requirements over time. The gage height at field observed bankfull also confirmed a
•
Stantec Page 1
Technical Report - June 2009 •
Buckhorn Generating Facility Removal and Stream Restoration
corresponding flow near 425 cfs. Once the flow was determined the NC Piedmont Regional
Curve (Rural) was used to back calculate a bankfull cross-sectional area.
Reference reaches were used to help determine the pattern for the newly designed channel, but
total reliance on reference reach data was not appropriate because the channel will not be
maintained by natural hydrology driven flows. Project constraints and "rule of thumb" ratios
based on the channel's design slope were used in conjunction with reference reach pattern to
finalize the channel pattern. Structures used in this design include double step rock cross-vanes,
log step pools and brush mattresses.
The two tributaries (Reaches 2 and 3) were designed based on reference reach information. The
reference reach used was the upstream section of the tributary nearest the existing powerhouse
(Reach 2). Existing bankfull indicators were used to determine the bankfull cross-sectional areas
of both tributaries. The channels' patterns were based on reference reach data and "rule of
thumb" ratios based on the channel slope. Due to the steepness of the tributary reaches a large
number of structures are necessary in ensure channel stability. Structures include double step
rock cross-vanes, log step pools, log sills and brush mattresses.
Methodology: Planting Plan
A planting plan has been developed for the entire project area and is based on reference surveys
of the vegetation communities upstream of the project. The plan will rely on native woody
vegetation to provide stability to the new stream channel and floodplain. Restoration of riparian
functions by planting a diverse, woody riparian buffer on both sides of stream will also add and
enhance habitat. The streambank planting zone will occur along the streambanks of the proposed
channels and will include livestakes of elderberry, silky dogwood, tag alder and buttonbush. The
new floodplain areas will be planted with bare root trees including a mix of river birch,
sycamore, green ash, American elm, hornbeam, willow oak, cherrybark oak, and chestnut oak.
The drier upper slopes will be planted with bare root trees including a mix of flowering
dogwood, bittemut hickory, tulip poplar, willow oak, shagbark hickory, paw-paw, and redbud.
Monitoring
As per direction from Monte Matthews, USACE, and Eric Kulz, NCDWQ, on March 10, 2009,
the project will be visually monitored annually for 5 years to prove stability. Monitoring will
consist of visual inspections of channel and structure stability, photo points and a qualitative
assessment of the survival of planted vegetation. All monitoring activities will be completed for
Buckhorn Creek and the two redesigned tributaries. A brief report will be prepared and
submitted to USACE and NCDWQ annually for 5 years following completion of the project.
r?
U
Stantec Page 2
• Technical Report - June 2009
Buckhom Generating Facility Removal and Stream Restoration
Construction Sequencing
Initial Site Preparation
1. Prepare staging and stockpiling areas in locations as shown on the construction plans or
as approved by the designer or owner.
2. Stake limits of construction as shown on the construction plans or as directed by the
designer or owner.
3. Install sediment and erosion control devices.
4. Construct construction access roads as shown on the plans.
5. Contractor shall stabilize all work at the end of each work day.
II. Channel Construction and Power House Removal
1. Contractor is to establish the Buckhom stream crossing area. This area is located in a
location of bedrock outcropping. Contractor may need to improve existing area with
stone.
2. Contractor is to remove the existing concrete wall that is located on the right side of the
channel. Only remove the portion of the wall that is clear of the active channel area.
3. Debris from removed wall shall be used to construct a temporary dam at approximate Sta.
8+20. Dam is to be constructed according to detail. Contractor is to ensure that the
temporary dam has no major leaks.
4. Existing, currently closed, structure shall be opened. This work shall be performed in the
dry.
5. Temporary dam is to be removed and diversion structure shall be constructed at
approximate Sta. 9+50.
6. Portion of existing concrete wall upstream of concrete spillway, and concrete spillway
shall be removed. This work should be completed in the dry.
7. Construct new channel from Sta. 9+50 to confluence (approximate Sta. 12+00). This
section of the channel will be constructed partly in the dry and partly in the wet.
8. Remove temporary diversion. Use rubble from temporary diversion to temporarily
stabilize area where existing channel and newly constructed channel meet.
9. Remove existing power house and finalize grading of most downstream channel.
10. Construct new channel starting at approximate Sta. 1+15 and ending at approximate Sta.
7+50. This section of channel shall be constructed in the dry.
11. Construct new channel starting at approximate Sta. 7+50 and ending at approximate Sta.
9+50. This section of the channel will be constructed in the wet.
12. Construct channel from Sta. 0+00 to approximate Sta. 1+15. This section of the channel
will be constructed in the wet.
13. Fill old channel starting at Sta. 0+00 and extending to just upstream of the most upstream
tributary (Reach 3 on the plan set).
14. Construct Reach 3 starting at approximate sta. 0+25 and ending at approximate Sta.
2+00.
15. Install pump around at confluence of existing Reach 3.
16. Construct Reach 3 from approximate Sta. 2+00 and ending at the confluence with newly
constructed Reach 1.
17. Install pump around or block culvert at upstream end of Reach 3. Construct Reach 3
from culvert to approximate Sta. 0+25.
18. Fill in existing Reach 3.
• 19. Fill in existing Buckhorn Creek from Reach 3 to Reach 2.
Stantec Page 3
Technical Report - June 2009
Buckhorn Generating Facility Removal and Stream Restoration
20. Construct Reach 2 from approximate Sta. 0+25 to confluence with newly constructed
Reach 1.
21. Pump around or block existing culvert on Reach 2 and construct Reach 2 from culvert to
approximate Sta. 0+25.
22. Fill in existing Reach 2.
23. Plant project according to the planting plan.
III. The contractor is responsible for maintaining all erosion control measures:
1. Inspect all measures for stability and operation every 7 days or within 24 hours after the
start of any storm event.
2. Constructed stream channel, floodplain and side slopes shall be stabilized at the end of
each working day.
3. Remove sediment from behind silt fence when sediment height reaches 0.5'.
4. If any erosion and sedimentation control measure is found to be unstable or not
functioning properly, repairs should be made immediately to maintain measures as
designed or as directed by the engineer.
IV. Remove sediment and erosion control devices, any temporary fencing, staking, sensitive area
marking material, trash, etc. from the site as approved by the designer or owner.
V. Seed and mulch staging, stockpiling, and any bare areas with permanent seed mixture.
•
VI. Site clean up shall occur after all construction processes have been completed. Site clean up
shall include pick up of trash and construction materials. The access road will be left in pre-
construction conditions or better.
•
Stantec Page 4
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North Carolina Division of Water Quality - Stream Identification Form; Version 3.1

•
Date: J /I 1 /01 Project: guCk hot^f i &-8,k Latitude:
Evaluator: /\ /' O Site: eaL? d9W?S keongitude:
Total Points: (gip1 Kes 17 1 _ uf?I
Stream is at least intermittent,? 8 5 County: / 1 ahi Other
if Z19 or perennial if >_30 l/ a' e.. Quad Name: J
A. Geomor holo Subtotal = •? I "Absent Weak Moderate ;. Strong
18. Continuous bed and bank 0 1 2 3
2. Sinuosity 0 1 2
3. In-channel structure: riffle-pool sequence 0 1 2 3
4. Soil texture or stream substrate sorting 0 1 2 3
5. Active/relic floodplain 0 2 3
6. Depositional bars or benches 0 2 3
7. Braided channel 0 1 2 3
8. Recent alluvial deposits 0 2 3
98. Natural levees 0 1 2 3
10. Headcuts 0 1 2 3
11. Grade controls 0 0.5 1 1.5
12. Natural valley or drainageway 0 0.5 1 1.5
13. Second or greater order channel on existing
USGS or NRCS map or other documented
evidence.
No = 0
Yes =
mall-LIIaUC UILWIe5 dlt HUL fdleU, serne uiscussions in manual
B. Hvdroloav (Subtotal=
_I t
14. Groundwater flow/discharge 0 1 2 r3)
15. Water in channel and > 48 hrs since rain, or
Water in channel=dry or growing season 0 1 2 C3)
16. Leaflitter 1.5 1 0.5 0
17. Sediment on plants or debris 0 0.5 1 1.5
18. Organic debris lines or piles (Wrack lines) 0 0.5 1 5
19. Hydric soils (redoximorphic features) present? o = 0 Yes = 1.5
C. Biologv (Subtotal= O )
20b. Fibrous roots in channel 3 1 0
21 . Rooted plants in channel 2 1 0
22. Crayfish 0 .5 1 1.5
23. Bivalves 0 1 2 3
24. Fish 0 1 1.5
25. Amphibians 0 .5 1 1.5
26. Macrobenthos (note diversity and abundance) 0 5 1 1.5
27. Filamentous algae; periphyton 1 2 3
28. Iron oxidizing bacteria bacteria/fungus op 1 0.5 1 1.5
29 . Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL = 1.5; SAV = 2.0; Ot F-7
0
?. -.,u " -- -,. 1- pl-.- uP,.''u N a 1w, RUM 4s iUcuses Lin Lilt presence or aquatic orwetiana pianrs.
/-
Notes: (use back side of this form for additional notes.) Sketch: ; -jI,,cotlc. C ve
f?dG?
be,lo w av I trGr+ - I o r-b
o Gv }-S r-v'I H o 0
_-h-earyl br_J S?i ll h ?t ?sr e Jra ?e 1
SA Vy A-sin - 1,26 Cold fo lI, Sta.r'ch
4r• hertkoS (---3&°F)
c,,elkW a-?" cadd"6 41y ca.St S
C V T 1 an rv??o s?
??? ate,, }
North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
•
•
•
Date: I / I q) Da Project: 13VCk I_ vrr1 Crzk Latitude:
Evaluator: A . Co(emayi Site: aG V S?reQm Longitude:
Total Points: ai•
Stream is at least intermittent 2q County: CkOther CokeSburJ
!?1
if >19 or perennial if >_30 •J e. g. Quad Name:
A. Geomorphology Subtotal Afasen't Weak o rate`; ' . St ong .
1a. Continuous bed and bank 0 1 2 3
2. Sinuosity 0 1 3
3. In-channel structure: riffle-pool sequence 0 1 2
4. Soil texture or stream substrate sorting 0 1 2 3
5. Active/relic floodplain 0 1 2 3
6. Depositional bars or benches 0 1 3
7. Braided channel 1 2 3
8. Recent alluvial deposits 0 2 3
98. Natural levees 1 2 3
10. Headcuts CD 1 1 2 3
11. Grade controls 0 0.5 01) 1.5
12. Natural valley or drainageway 0 0.5 1 .5
13. Second or greater order channel on existing
USGS or NRCS map or other documented
evidence.
No = 0
Yes =
?.?- I...u ..?-.. wo -1 ?aiou, - ulbWbbl nia ui nidnudi
B. Hydroloqv (Subtotal = 10 - S )
14. Groundwater flow/discharge 0 1 2 3
15. Water in channel and 148 hrs since rain, or
Water in channel - d or growing season 0 1 2
16. Leaflitter 1.5 0.5
17. Sediment on plants or debris 0 0. 1 1.5
18. Organic debris lines or piles (Wrack lines) 0 0.5 1 1.5
19. Hydric soils (redoximorphic features) present? No = 0 Yes = 1.55--
C. Bioloav (Subtotal = t 1
20°. Fibrous roots in channel 3 2 1 0
21b. Rooted plants in channel 3 1 0
22. Crayfish 0 1 1.5
23. Bivalves 0 1 2 3
24. Fish 0 1 1.5
25. Amphibians 0 0.5 1 1.5
26. Macrobenthos (note diversity and abundance) 0 0.5 1 1.5
27. Filamentous algae; periphyton 0 1 (L21 3
28. Iron oxidizing bacteria bacteria/fungus 0.5 1 1.5
29b. Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL = 1.5; SAV = 2.0; Othe - 0
_...- -- -..- -..__ .......,, r,...,.,...,., - ..r, u,,,, N --, -411 - I-- VI I- NiGacnuC vi dyuduc ur V1Bnana Plants.
Notes: (use back side of this form for additional notes.) Sketch:
Irk en rp
of rte-} ri 4 lei oo I co w asic
amore ea t r Pperi V -f1-\0_n
owns }Y?2a m re C'_ c.? cj.i d r>, o + se e
6"f & is liked 44,,eq are PneSer4

(UT 1 o,, M A f S)
North Carolina Division of Water Quality - Stream Identification Form; Version 3.1

Date: ' /I LF) 09 Project: 6 v Clot o art Creek Latitude:
Evaluator: /1 Co lemG.h Site Re0.Gl -dOw?'15?YQnonrgYjude:
Total Points:
Stream is at least intermittent S County: c,ko..'tk a VY1 Other Co 4's bUr-'J
if >-19 or perennial if >t3 42 ' e.. Quad Name:
A. Geomorphology Subtotal = G S • 5 ; "Absent" M66k =Uddb ate
1a. Continuous bed and bank 0 1 2
2. Sinuosity 0 1 3
3. In-channel structure: riffle-pool sequence 0 1 2 3
4. Soil texture or stream substrate sorting 0 1 3
5. Active/relic floodplain 0 1 2 3
6. Depositional bars or benches 0 1 2 3
7. Braided channel 0 1 2 3
8. Recent alluvial deposits 0 1 2
98. Natural levees 0 1 2 3
10. Headcuts 0 1 2 3
11. Grade controls 0 0.5 1 1.5
12. Natural valley or drainageway 0 0.5 1 1.5
13. Second or greater order channel on existing
USGS or NRCS map or other documented
evidence.
No = 0
Yes =
IVI-1-111- UILUMb d1U IIUI IdleU, See uniumiSluns in manual

B. Hvdroloav (Subtotal = 10 . S )
•
14. Groundwater flow/discharge 0 1 2 3
15. Water in channel and > 48 hrs since rain, or
Water in channel - d or growing season 0 1 2
16. Leaflitter 1.5 1 0.5 0
17. Sediment on plants or debris 0 0.5 1 1.5
18. Organic debris lines or piles (Wrack lines) 0 0.5 1 1.5
19. Hydric soils (redoximorphic features) present? No = 0 es = 1.
C. Bioloav (Subtotal= D
20°. Fibrous roots in channel 3 2 1 0
21u. Rooted plants in channel 3 2 1 0
22. Crayfish 0 0.5 1 1.5
23. Bivalves 0 1 2 3
24. Fish 0 0.5 1 1.5
25. Amphibians 0 _MM 1 1.5
26. Macrobenthos (note diversity and abundance) 0 .5 1 1.5
27. Filamentous algae; periphyton p 2 3
28. Iron oxidizing bacteria bacteria/fungus 0 0.5 1 1.5
29 °. Wetland plants in streambed FAC = 0.5; FACW = 075, OBL = 1.5; SAV = 2.0, Other 0
••- .+ ?.I Iww vn a Ic P'-.- - uP,d11u Nldlus, ncnl Za IUUUSes on me presence or aquauc or wetiana plants.
fr?an •?n
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Notes: (use back side of this form for additional notes.) Sketch:
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North Carolina Division of Water Quality - Stream Identification Form; Version 3.1

Date: I (? O ^ Project: a Jci kor.n Cye* Latitude:
Evaluator: /A . Co `em ait site: Q ?a? 3 V? 5 L_ _ W1Longitude:
Total Points: 1? TTGT.?-
Stream is at least intermittent q 3 S County: G+ .??GLWt Other CO k e sb v ?
if >_19 or perennial if >_30 ?'?` e.. Quad Name:

•
is
A. Geomorphology (Subtotal = ?-? Absent Weak' Moderate St"ron
18. Continuous bed and bank 0 1 2 3
2. Sinuosity 0 1 2 3
3. In-channel structure: riffle-pool sequence 0 1 2 3
4. Soil texture or stream substrate sorting 0 1 2
5. Active/relic floodplain 0 1 2 3
6. Depositional bars or benches 0 1 2 3
7. Braided channel 17- 1 2 3
8. Recent alluvial deposits 0 1 2 3
9a. Natural levees 0 1 2 3
10. Headcuts 0 1 2 3
11. Grade controls 0 0.5 1 1.5
12. Natural valley or drainageway 0 0.5 1 1.5
13. Second or greater order channel on existing
USGS or NRCS map or other documented
evidence.
No = 0
es = 3
?? a o wa imau, acv UlaUUaalU[la in Manua]
B. Hvdroloov (Subtotal = 10's I
14. Groundwater flow/discharge 0 1 2
15. Water in channel and > 48 hrs since rain, or
Water in channel - d or growing season 0 1 2 3
16. Leaflitter 1.5 1 0
17. Sediment on plants or debris 0 0.5 1.5
18. Organic debris lines or piles (Wrack lines) 0 0.5 1 .5
19. Hydric soils (redoximorphic features) present? No = 0 Yes = 1.5
C. Bioloav (Subtotal = 1S 1
20 °. Fibrous roots in channel 3 1 0
210. Rooted plants in channel 3 2 1 0
22. Crayfish 0 0.5 1 1.5
23. Bivalves 0 2 3
24. Fish 0 0. 1 1.5
25. Amphibians 0 1 1.5
26. Macrobenthos (note diversity and abundance) 0 1 1.5
27. Filamentous algae; periphyton 1 2 3
28. Iron oxidizing bacteria bacteria/fungus 0 0.5 1 1
5
29 °. Wetland plants in streambed .
FAC = 0.5; FACW = 0.75; OBL = 1.5; SAV = 2.0; 0th r = 0
- ----- -. _?._.._ r.._....., ......w....o>.? vn -v PI-1 .v V1 -4UdUU V1 WUUd[1U tlldnLS.
Notes: (use back side of this form for additional notes.) Sketch:
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APPROVED JURISDICTIONAL DETERMINATION FORM
0 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 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:NC County/parish borough: Chatham City: Sanford
Center coordinates of site (lat/long in degree decimal format): Lat. 035 32 29.57° N, Long. 078 58 54.88° W.
Universal Transverse Mercator:
Name of nearest waterbody: Buckhorn Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Cape Fear River
Name of watershed or Hydrologic Unit Code (HUC): Cape Fear River Basin; HU 03030004020010
® 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):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Appear to be no "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.
• ? 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.
a. Indicate presence of waters of U.S. in review area (check all that apply): t
? TNWs, including territorial seas
? Wetlands adjacent to TNWs
EK Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
[] Non-RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
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: 1,350 linear feet: 33 width (ft) and/or 1.05 acres.
Wetlands: 0.224 acres.
c. Limits (boundaries) of jurisdiction based on: Established by OHWM.
Elevation of established OHWM (if known): Did not measure.
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:
0 2 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 TN W and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentation is presented in Section III.F.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs 10
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 HI.B below.
1. TNW
Identify TNW: Cape Fear River.
Summarize rationale supporting determination: The Cape Fear River is one of the state's largest rivers..
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
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 Rapanos 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 III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section IILD.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 waterbody° 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 HI.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section IILC below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 80 square miles
Drainage area: 80 square miles
Average annual rainfall: 48 inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
® Tributary flows directly into TNW.
? Tributary flows through Pick List tributaries before entering TNW.
Project waters are 1 (or less) 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 Lis,( aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5: Buckhorn Creek flows southward several hundred feet to the Cape Fear.
Tributary stream order, if known: 2nd.
S
° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
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 TNW.
(b) General Tributary Characteristics (check all that applvl:
Tributary is: ® Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: 40 feet
Average depth: 5.5 feet
Average side slopes: 2:1.
Primary tributary substrate composition (check all that apply):
® Silts ® Sands ? Concrete
® Cobbles ? Gravel ? Muck
® Bedrock ? Vegetation. Type/% cover:
® Other. Explain: Clay.
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: moderately-incised, stable channel.
Presence of run/riffle/pool complexes. Explain: Several runs with pools; very few riffles.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 3.8 %
(c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flow events in review area/year:lt
Describe flow regime: perennial.
Other information on duration and volume:
Surface flow is: Discrete and coufiged. Characteristics:
Subsurface flow: Unknown. 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 ExplainTortion of reach flows below ground surface.
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: Water is clear.
Identify specific pollutants, if known:
bA 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): Very expansive corridor.
? Wetland fringe. Characteristics:
® Habitat for:
? Federally Listed species. Explain findings:
® Fish/spawn areas. Explain findings: Plenty of fish in stream; fair amount of habitat diversity.
? Other environmentally-sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain findings: 40 species of fish, 2 freshwater mussels; evidence of healthy terrestrial
animal utilization including birds, reptiles and mammals.
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: 0.224 acres
Wetland type. Explain: small pockets of "ephemeral" wetlands.
Wetland quality. Explain:relatively low, herbaceous dominated, but not emergent.
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Perennial flow. Explain:
Surface flow is: Discrete and confined
Characteristics:
Subsurface flow: Unknown. Explain findings:
? Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
® Directly abutting
® Not directly abutting
® Discrete wetland hydrologic connection. Explain: wetlands from 0-45 feet away from RPW.
® Ecological connection. Explain: Hydrological exchanges with RPW; within riparian corridor.
? Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are I (or less) river miles from TNW.
Project waters are I (or less) aerial (straight) miles from TNW.
Flow is from: ,Wetland to/from npvigable waters.
Estimate approximate location of wetland as within the 2-year or less 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: clear.
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:typical riparian forested community; 50% cover.
? Habitat for:
® Federally Listed species. Explain findings: Suitable habitat for Harperella and bald eagle.
® Fish/spawn areas. Explain findings:Over 40 species of fish in RPW..
® Other environmentally-sensitive species. Explain findings:American eel uses stream.
® Aquatic/wildlife diversity. Explain findings:Reasonably diverse aquatic community, but will improve with
adjustments to profile of stream; terrestrial diversity will improve with buffer plantings.
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: 6
Approximately ( 0.224 ) 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? (Y/N) Size (in acres)
Wetland Y Y 0.005 Wetland W Y
Wetland Z Y 0.008 Wetland B Y/N
Wetland A N
Wetland Y N
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
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: .
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 IILD:
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 IILD: There is no question that a significant nexus occurs since adjacent wetlands are separated no more than 5-45 feet
from RPW. Hydrological exhanges occur between RPW and adjacent wetlands.
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 feet width (fl), Or, acres.
Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: Drainage area is approximately 80 square miles and contains a variety of fish and mussel species.
• ( 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):
Tributary waters: 1,350 linear feet 33 width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
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):
Tributary waters: linear feet width (ft).
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 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: Small wetlands occur within channel and at top of bank.
Q Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section 111.13 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: 0.061acres.
Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
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: 0.16acres.
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
? Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
? 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):"
? 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.
? which are or could be used for industrial purposes by industries in interstate commerce.
? Interstate isolated waters. Explain:
? Other factors. Explain:
sSee Footnote # 3.
9 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 CWA Act Jurisdiction Following Rapanos.
0 Identify water body and summarize rationale supporting determination:
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 "SWANCC," 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 (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): linear feet, width (ft).
? Lakes/ponds: acres.
? 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: 1:24000, Ossippee quad.
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 (Name & Date):
Previous determination(s). File no. and date of response letter:
Applicable/supporting case law:
Applicable/supporting scientific literature:
E] Other information (please specify):
0 B. ADDITIONAL COMMENTS TO SUPPORT JD:
0
Buckhorn Creek Dam Removal
Aquatic Species Surveys
TCG Job #3243
Prepared For:
Restoration Systems
1101 Haynes Street, Suite 211
Raleigh, NC 27604
Prepared By:

The Catena Group, Inc.
410-B Millstone Drive
Hillsborough, NC 27278
Tel [phone]
October 5, 2008

Timothy W. Savidge
E
9
•

1.0 INTRODUCTION
The Buckhorn Creek Hydropower facility (Buckhorn Creek Dam) is situated on
Buckhom Creek, a tributary to the Cape Fear River in Chatham County, North Carolina.
This ,obsolete facility represents an ongoing safety concern.for the owner, Progress
Energy Corporation (PEC). Therefore, PEC has decided to completely remove the
facility, which involves several environmental considerations. The current plan is to
remove all structures, construct a permanent levee to maintain the creek's existing
connectivity with the Cape Fear River, and restore the slope of the post-removal channel.
Restoration Systems (RS) is undertaking the dam removal and stream restoration at this
site.
2.0 BACKROUND AND OBJECTIVES
A number of rare and protected aquatic species are known to occur in the middle and
upper portion of the Cape Fear River Basin (Table 1), including the federally endangered
Cape Fear shiner (Notropis mekistocholas).
Table 1. Rare Aquatic S ecies Documented in Middle/Upper Cape Fear River Basin
* Federal and North Carolina status defined in Appendix A
** Not native to basin

Scientific Name
Common Name Taxa
Group Federal
Status* NC
Status*
Alasmidonta undulata triangle floater Mussel T
Alasmidonta vaHcosa brook floater Mussel FSC E
Ambo lites cavi rons** Roanoke bass Fish FSC SR
Elli do roanokensis Roanoke slabshell Mussel T
Etheostoma collis Carolina darter Fish FSC SC
Fusconaia masoni Atlantic i oe Mussel FSC E
Lam sills cariosa yellow lam mussel Mussel FSC E
Lasmi ona subviridis green floater Mussel FSC E
Moxostoma s p. 3 Carolina redhorse Fish FSC PE
Notro is mekistocholas Cape Fear shiner Fish E E
Stro hitus undulatus creeper Mussel T
Toxolasma ullus Savannah lili ut Mussel FSC E
Villosa constricta notched rainbow Mussel SC
Villosa delumbis eastern creekshell Mussel SR
Villosa vau hniana Carolina creekshell Mussel FSC E
The Catena Group Inc. (TCG) was retained by RS to conduct aquatic species surveys in
the project area to determine the presence of any federal and/or state listed species.
3.0 METHODOLOGY
Prior to visiting the project site, a request was made to the North Carolina Wildlife
Resources Commission (WRC) Wildlife Diversity Program (Piedmont Region)
coordinator Ryan Heise, Ph.D., to search the WRC database of aquatic species for survey
.' records within Buckhorn Creek and the Cape Fear River near the proposed project. In
addition, a sampling plan was developed by TCG, and approved by RS, that called for •
freshwater mussel and fish surveys to be conducted at following three reaches of
Buckhorn Creek (Figure 1):
1) from the confluence with the Cape Fear River upstream to the base of Buckhorn
Creek Dam
2) from the head of Buckhorn Creek Dam upstream through the project limits
3) in the vicinity of the NC 42 crossing, approximately 2.5 miles upstream of the
project area.
The initial surveys were performed on September 09, 2008, by Tim Savidge, Tom
Dickinson, Chris Sheats and Kate Montieth of TCG. Adam Rigsbee and Worth Creech
with RS met with the survey team to familiarize them with the site and the proposed
action. Buckhorn Creek was running low and clear upstream of Buckhorn Creek Dam,
but was high and turbid downstream due to near flood stage on the Cape Fear River.
Therefore, fish surveys were conducted in reach 2 upstream of Buckhorn Creek Dam as
well as within the inundated portions of the floodplain adjacent to Reach 1; however, the
stream channel proper was too deep to sample. Additional surveys were not conducted
due to the onset of inclement weather. The project site was revisited on September 23,
2008 by Tim Savidge, Chris Sheats and Jonathan Hartsell of TCG to complete the
remaining survey work. The survey reaches locations were recorded with a handheld
GPS.
3.1 Mollusk Survey Methodology 9
The entire length of Buckhorn Creek within the subject property (Reach 1 and 2) was
evaluated for freshwater mollusk habitat by wading in the stream beginning at the
downstream limits and proceeding upstream. A brief survey was also conducted in the
Cape Fear River at the mouth of Buckhorn Creek. Reach 3 consisted of a short (400 feet)
section of Buckhorn Creek just below the NC 42 crossing of the stream.
A three-person survey team performed the surveys using visual (bathyscopes) and tactile
methods. The survey team spread out across the creek into survey lanes and proceeded
upstream. All species of freshwater mollusks were recorded, counted, and returned to the
substrate. Timed searches were employed in each survey reach to provide Catch Per Unit
Effort (CPUE) data for freshwater mussels, and relative abundances were determined for
freshwater snails.
3.2 Fish Survey Methodology
Fish surveys were performed in the three reaches using either elector-fishing and/or dip
netting. Electro-fishing surveys were conducted by a 3-4 person survey team, with two
persons operating two backpack electoo-shocking units, and one to two persons
positioned downstream with dip nets. All habitats, from the middle of the channel to the
each bank, were sampled in this manner as the team proceeded upstream through various
habitat types, in order to include the entire stretch.

Dip netting was effective in the bank habitats under submerged root mats which were
agitated with the dip nets in order to flush hiding fish into the mesh of the net where they
were captured. Dip netting was used during the freshwater mollusk survey/habitat
evaluation as the team proceeded upstream, as well as in conjunction with electro-fishing
methods.
All fish captured were identified on site or placed into a water bucket until they were
identified to species, counted, then released. Habitat notes were recorded and a relative
abundance was assigned to each species captured or observed.
4.0 RESULTS
The database search indicates that the reach of Buckhom Creek in the vicinity of
Buckhorn Creek Dam (Approx. 600 feet upstream and downstream) was sampled for fish
on two separate occasions in 1984 and no rare fish species were reported. The stream
was also sampled at the NC 42 crossing for fish in 1984 and for mussels in 1990. No rare
species of fish were reported; however, one individual creeper (Strophitus undulatus),
which is considered threatened in North Carolina, was found.
The stretch of the Cape Fear River near the mouth of Buckhorn Creek has been sampled
for mussels and fish on a number of occasions and no records of rare fish species were
reported; however, the yellow lampmussel and Roanoke slabshell, which are considered
endangered and threatened in North Carolina respectively, have been found.
Additionally, the federally endangered Cape Fear shiner has been reported recently
(2007) in the Cape Fear River at the NC 217 crossing near Erwin. This is the only recent
record of this species in the main stem of the Cape Fear River below Buckhorn Dam, a
hydro-power dam on the Cape Fear River just upstream of the Buckhorn Creek
confluence. Although this location is approximately 24 river miles downstream of the
Buckhorn Creek confluence, based on habitat characteristics it is possible that this
species exists in this section of river in low numbers.
Fish species abundance and diversity within Buckhorn Creek are fairly typical of a small
to medium size streams in this portion of the Cape Fear River Basin. Based on field
observations and survey efforts for this project, Buckhorn Creek provides very limited
quality habitat for freshwater mussels within the project area. The quality and amount of
mussel habitat is much greater in the vicinity of the NC 42 crossing (See Discussion
Section 5.0). It should be noted that relative abundances of particular species can be
affected by survey methodologies. Survey results for each reach are further described
below. CPUE was only calculated for freshwater mussels. Relative abundance used in
the following tables for other mollusk and fish species was estimated using the following
criteria:
Freshwater Fishes:
• Very abundant: > 30 collected at survey station
• Abundant: 15-30 collected at survey station
Common: 6-15 collected at survey station
Uncommon: 3-5 collected at survey station
Rare: 1-2 collected at survey station
Freshwater Snails and Clams (per approximate square meter
• Very abundant: > 50 collected at survey station
• Abundant: 31-50 collected at survey station
• Common: 11-30 collected at survey station
• Uncommon: 3-10 collected at survey station
• Rare: 1-2 collected at survey station
4.1 Reach 1
This reach consists of a fairly straight slow moving channel approximately 35 feet wide.
Water level during the September 23, 2008 survey ranged from 1.5-4 feet. A 3-12 inch
thick layer of fine sediment (silt and mud) covers much of the rock and cobble substrate
throughout the majority of the reach; however, there are limited areas with exposed
bedrock and boulders. Mussel surveys were conducted for 1.0 person hours and a total
3,131 seconds of electro-shocking time was used during the combined surveys.
Table 2. Aquatic Species Found in Buckhorn Creek below Dam (Reach 1)
Scientific Name Common Name ' Abundance
Freshwater Mussels #/CPUE (#/hour)
Elliptio complanata eastern elliptio 6 (1.0/hr)
Elliptio congarea Carolina slabshell Found in Cape Fear River
Elliptio icterina variable spike Found in Cape Fear River
Elliptio lazurus Atlantic delicate spike Found in Cape Fear River
Elliptio roanokensis Roanoke slabshell Found in Cape Fear River
Utterbackia imbecillis paper pondshell 1 (1.0/hr)
Uniomerus carolinianus Florida pondhorn Found in Cape Fear River
Freshwater Snails and Clams Common Name Abundance
Campeloma decisum pointed campeloma Common
Corbicula fluminea Asian clam Common
Helisoma anceps two-ridge rams-horn Rare
Freshwater Fish Common Name Abundance
•
E
Ameiurus brunneus snail bullhead Uncommon
Ameiurus natalis yellow bullhead Uncommon
Ameiurus platycephalus flat bullhead Uncommon
Anguilla rostrata American eel Common
Dorosoma cepedianum Gizzard shad Uncommon
Aphredoderus sayanus pirate perch Common
Cyprinella analostanus satinfin shiner Common
Cyprinus carpio Common carp Common
Erimyzon oblongus creek chubsucker Rare
Esox amencanus redfin pickerel Rare
Etheostoma olmstedi tesseslated darter Common
Gambusia holbrookii eastern mosquitofish Very Abundant

Lepomis auritus redbreast sunfish Common
Lepomis gibbosus pumpkinseed Uncommon
Lepomis gulosus warmouth Rare
Lepomis macrochirus bluegill Very Abundant
Lepomis microlophus redear sunfish Common
Luxilus albeolus white shiner Common
Micropterus punctulatus Spotted bass Uncommon
Micropterus salmoides largemouth bass Common
Minytrema melanops Spotted sucker Common
Nocomis leptocephalus bluehead chub Uncommon
Noturus gynnus tadpole madtom Rare
Noturus insignis margined madtom Common
Perca flavescens yellow perch Rare
Pylodictus olivaris flathead catfish Rare
4.2 Reach 2
This reach consists of a meandering incised channel ranging from 10-15 feet wide, with
moderately eroding banks. Substrate consists of coarse sand over bedrock and boulder.
Water level during the both surveys ranged from 6 inches to 3 feet. Mussel surveys were
conducted for 2.0 person hours and a total 3,875 seconds of electro-shocking time was
used.
Table 3. Aquatic Species Found in Buckhorn Creek above Dam (Reach 2)
Scientific Name Common Name Abundance
Freshwater Mussels #/CPUE (#/hour)
Elliptio complanata eastern elliptio 7 (3.5/hr)
Freshwater Snails and clams Common Name Abundance -
Campeloma decisum pointed campeloma Common
Corbicula fluminea Asian clam Common
Helisoma anceps two-ridge rams-horn Rare
Freshwater Fish Common Name Abundance
Ameiurus brunneus snail bullhead Common
Ameiurus natalis yellow bullhead Common
Ameiurus platycephalus flat bullhead Common
Dorosoma cepedianum gizzard shad Common
Anguilla rostrata American eel Common
Aphredoderus sayanus pirate perch Abundant
Etheostoma olmstedi tesseslated darter Abundant
Fundulusrathbuni speckled killifsh Uncommon
Gambusia holbrookii eastern mosquitofish Very Abundant
Lepomis auritus redbreast sunfish Very Abundant
Lepomis macrochirus bluegill Abundant
Lepomis microlophus redear sunfish Uncommon
Luxilus albeolus white shiner Very Abundant
Micropterus salmoides largemouth bass Rare
Nocomis leptocephalus bluehead chub Common
Notemigonus crysoleucas golden shiner Rare
Noturus pyrinus tadpole madtom Rare

Noturus insignis margined madtom Common
Notropis procne Swallowtail shiner Uncommon
Percina crassa Piedmont darter Rare
Pylodictus olivaris flathead catfish Uncommon
Semotilus atromaculatus creek chub Common
4.3 Reach 3
This short reach occurs just below the NC 42 crossing and consists of a fairly straight
riffle/run/pool sequence with slight to moderately eroding banks. Substrate consists of
sand and gravel, with occasional cobble and moderate amounts of silt. Water level
during the survey ranged from 6 inches to 2 feet. Mussel surveys were conducted for 2.0
person hours and a total 1,707 seconds of electro-shocking time was used.
Table 4. Aquatic Species Found in Buckhorn Creek at NC 42 (Reach 3)
Scientific Name Common Name Abundance
Freshwater Mussels #/CPUE (#/hour)
Elliptio complanata eastern elliptio 321 (160.5./hr)
Elliptio icterina variable spike 7 (3.5/hr)
Freshwater Snails and clams Common Name Abundance
Campeloma decisum pointed campeloma Common
Corbicula fluminea Asian clam Abundant
Helisoma anceps two-ridge rams-horn Rare
Freshwater Fish Common Name Abundance
Ameiurus brunneus snail bullhead Rare
Ameiurus natalis yellow bullhead Rare
Ameiurus platycephalus flat bullhead Uncommon
Anguilla rostrata American eel Rare
Aphredoderus sayanus pirate perch Abundant
Cyprinus carpio common carp Common
Etheostoma olmstedi tesseslated darter Common
Erimyzon oblongus creek chubsucker Rare
Fundulusrathbuni speckled killifsh Uncommon
Gambusia holbrookii eastern mosquitofish Very Abundant
Lepomis auritus redbreast sunfish Abundant
Lepomis macrochirus bluegill Abundant
Lepomis microlophus redear sunfish Rare
Luxilus albeolus white shiner Rare
Micropterus salmoides largemouth bass Rare
Nocomis leptocephalus bluehead chub Common
Noturus gyrinus tadpole madtom Rare
Noturus insignis margined madtom Uncommon
Notropis procne swallowtail shiner Uncommon
Notropis scepticus sandbar shiner Uncommon
Percina crassa Piedmont darter Uncommon
Semotilus atromaculatus creek chub Common
5.0 DISCUSSION
•
•
•
The survey results indicate that the section of Buckhorn Creek within the project area
contains a fish fauna typical of small to mid-sized streams within this region of the Cape
Fear River Basin, as well as relatively sparse populations of common mussel species.
Mussels occur in much greater abundances in Buckhom Creek upstream of the project
area. Based on the results of the surveys performed for this study, as well as previous
surveys, it appears unlikely that any listed aquatic species occur in this section of
Buckhorn Creek.
5.1 Freshwater Mussel Fauna
Two freshwater mussel species, the eastern elliptio and the paper pondshell (Table 3, 4)
were found in very low numbers within the lower portion of Buckhorn Creek (Reach 1).
Both of these species are considered widespread and common throughout their respective
ranges (Williams et al. 1993). Reasons for the low numbers are likely attributable to poor
habitat conditions. An excessive amount of fine sediment covers most of the substrate in
this reach. Removal of the dam may help to flush some of this sediment out, by restoring
higher base flows; however, the majority of sediment is likely originating from the Cape
Fear River during high water events. The yellow lampmussel and Roanoke slabshell
occur within the Cape Fear River near the mouth of Buckhorn Creek. If habitat
conditions improve, they may colonize the extreme lower portions of the creek; however,
i they do not typically occur in upstream sections of small streams like Buckhorn Creek.
Mussels are also very rare in the section of Buckhorn Creek immediately upstream of the
dam (Reach 2). Again, low numbers are likely attributable to poor habitat conditions as
erosive sands and unstable channel conditions persist throughout this reach. Habitat
improvements associated with channel restoration would likely result in increased
abundance and diversity of mussels. Mussel abundances are much greater upstream of
the project area (Reach 3), as habitat conditions are more favorable. In addition, the state
threatened creeper has been reported from this area and based on habitat conditions, other
mussel species are likely to occur there as well. These areas would likely serve as a
source for mussel colonization of the section of stream that will be restored.
5.2 Freshwater Fish Fauna
A total of 30 fish species were found in Buckhorn Creek within the project area. An
additional species, the sandbar shiner, was also found at the NC 42 crossing, but is
expected to occur within the project area as well. None of these species, with the
exception of the American eel, are considered to be rare. The American eel, which was
found in fairly high numbers upstream and downstream of the dam, has experienced
significant declines in some portions of its range. As a result, a petition to list the
American eel as a threatened or endangered species was filed in November 2004 and the
US Fish and Wildlife Service initiated a two-year status review in early 2005. The status
review concluded that, while declines have occurred in portions of its range, the
American eel did not warrant protection under the Endangered Species Act (CFR
February 02, 2007). This species is considered "Apparently Secure" in North Carolina
(Nature Serve 2008).
The Cape Fear shiner was not found during the surveys. Given the lack of typical habitat
elements (shallow rocky shoals), the chances of this species occurring within the project
area are extremely low. It is unclear whether the recent record of this species (1
individual) in the Cape Fear River near Erwin (approx. 24 miles downstream of project
area) indicates presence of a small population in this portion of the river, or whether the
one individual was washed down from the population upstream in the Deep River. The
later scenario is less likely due to the presence of Buckhorn Dam on the river just
upstream of the Buckhorn Creek confluence. If the species is present in this section of the
Cape Fear River, it would likely utilize Buckhorn Creek only in periods of high flow.
6.0 LITERATURE CITED
NatureServe. 2008. NatureServe Explorer: An online encyclopedia of life [web
application]. Version 4.6. NatureServe, Arlington, Virginia. Available
http://www.natureserve.org/explorer. (Accessed: September 29, 2008).
Williams, J. D., M. L. Warren, et al. (1993). "Conservation Status of the Freshwater
Mussels of the United States and Canada." Fisheries 18(9): 6-22.
•
Appendix A
Definitions of Federal and State listing categories
(From LeGrand et al. 2004)
0
United States Status. This status is designated by the U.S. Fish and Wildlife Service.
Federally listed Endangered and Threatened species are protected under the
provisions of the Endangered Species Act of 1973, as amended through the 100th
Congress. Unless otherwise noted, definitions are taken from the Federal Register,
Vol. 56, No. 225, November 21, 1991 (50 CFR Part 17).
•
•
STATUS STATUS STATUS DEFINITION
CODE
E Endangered A taxon "which is in danger of extinction throughout all or a
significant portion of its range" (Endangered Species Act,
Section 3).
T Threatened A taxon "which is likely to become an endangered species
within the foreseeable future throughout all or a significant
portion of its range" (Endangered Species Act, Section 3).
FSC (Federal) "... the Service is discontinuing the designation of Category
Species of 2 species as candidates in this notice. The Service remains
Concern concerned about these species, but further biological
[also research and field study are needed to resolve the
known as conservation status of these taxa. Many species of concern
Species at will be found not to warrant listing, either because they are
Risk] not threatened or endangered or because they do not qualify
as species under the definition in the [Endangered Species]
Act. Others may be found to be in greater danger of
extinction than some present candidate taxa. The Service is
working with the States and other private and public
interests to assess their need for protection under the Act.
Such species are the pool from which future candidates for
listing will be drawn." (Federal Register, February 28,
1996). The Service suggests that such taxa be considered as
"Species of Concern" or "Species at Risk", neither of which
has official status. The N.C. Natural Heritage Program uses
"(Federal) Species of Concern" in this document for those
taxa formerly considered as Category 2.
P Proposed pecies proposed in the Federal Register as a status different
from its current Federal status.
T (S/A) Threatened "Section 4 (e) of the [Endangered Species] Act authorizes
due to the treatment of a species (subspecies or population
Similarity of segment) as endangered or threatened even though it is not
Appearance otherwise listed as endangered or threatened if -- (a) the
species so closely resembles in appearance an endangered
or threatened species that enforcement personnel would
have substantial difficulty in differentiating between the
listed and unlisted species; (b) the effect of this substantial
difficulty is an additional threat to an endangered or
threatened species; and (c) such treatment of an unlisted
s ecies will substantially facilitate the enforcement and
further the policy of the Act." (Federal Register, November
4, 1997). [The American Alligator is listed as T (S/A) due to
Similarity of Appearance with other rare crocodilians, and
the southern population of the Bog Turtle is listed as T
(S/A) due to Similarity of Appearance with the northern
population of the Bog Turtle (which is federally listed as
Threatened and which does not occur in North Carolina).]
XN Nonessential "Section 10 0) of the Endangered Species Act of 1973, as
Experimental amended, provides for the designation of introduced
Population populations of federally listed species as nonessential
experimental. This designation allows for greater flexibility
in the management of these populations by local, state, and
Federal agencies. Specifically, the requirement for Federal
agencies to avoid jeopardizing these populations by their
actions is eliminated and allowances for taking the species
are broadened." .S. Fish and Wildlife Service, 1995).
D De-listed Species has been proposed by the U.S. Fish and Wildlife
Service for de-listing from the List of Endangered and
Threatened Wildlife. However, at the present time, the
species is still on the List of Endangered and Threatened
Wildlife and is thus protected under the Endangered Species
Act. Because such species still have legal Federal
protection, the NHP will maintain existing records on the
species, though new records might not necessarily be added.
If the status becomes law prior to the next publication of the
NHP Rare Animal List, the Program will remove the
Federal designation from its database (and thus the species
will no longer appear on printouts of Federally listed
species). NHP may or may not continue to track the species,
depending on its legal State status and other factors such as
overall abundance and range in the state.
•
•
C'
North Carolina Status. Endangered, Threatened, and Special Concern species of
mammals, birds, reptiles, amphibians, freshwater fishes, freshwater and terrestrial
mollusks, and crustaceans have legal protection status in North Carolina (Wildlife
Resources Commission). In addition to the above categories, the Natural Heritage
Program maintains computer and map files on Significantly Rare species, as well
as species considered Extirpated. Paper files only are maintained for a few of the
above species; these species are indicated by the phrase "not tracking."
•
STATUS STATUS STATUS DEFINITION
CODE
E Endangered "Any native or once-native species of wild animal
whose continued existence as a viable component
of the State's fauna is determined by the Wildlife
Resources Commission to be in jeopardy or any
species of wild animal determined to be an
'endangered species' pursuant to the Endangered
Species Act." (Article 25 of Chapter 113 of the
General Statutes; 1987).
T Threatened "Any native or once-native species of wild animal
which is likely to become an endangered species
within the foreseeable future throughout all or a
significant portion of its range, or one that is
designated as a threatened species pursuant to the
Endangered Species Act." (Article 25 of Chapter
113 of the General Statutes; 1987).
SC Special "Any species of wild animal native or once-native
Concern to North Carolina which is determined by the
Wildlife Resources Commission to require
monitoring but which may be taken under
regulations adopted under the provisions of this
Article." (Article 25 of Chapter 113 of the General
Statutes; 1987).
0

P Proposed Species has been proposed by a Scientific Council
as a status (Endangered, Threatened, Special
Concern, Watch List, or for Delisting) that is
different from the current status, but the status has
not yet been adopted by the General Assembly as
law. In the lists of rare species in this book, these
proposed statuses are listed in parentheses below
the current status. Only those proposed statuses
that are different from the current statuses are
listed.
SR Significantly Any species which has not been listed by the N.C.
Rare Wildlife Resources Commission as an
Endangered, Threatened, or Special Concern
species, but which exists in the state in small
numbers and has been determined by the N.C.
Natural Heritage Program to need monitoring.
(This is a N.C. Natural Heritage Program
designation.) Significantly Rare species include
"peripheral" species
whereby North Carolina lies
,
at the periphery of the species' range (such as
Hermit Thrush).
EX Extirpated A species which is no longer believed to occur in
the state. (This is a N.C. Natural Heritage Program
designation, though WRC also uses this status; the
NHP list includes those on the WRC list.)
W Watch List Any other species believed to be of conservation
concern in the state because of scarcity, declining
populations, threats to populations, or inadequacy
of information to assess its rarity (see page 59 for
a more complete discussion). (This is a N.C.
Natural Heritage Program designation.)
G Species is a game animal, and therefore (by law)
cannot be listed for State protection as E, T, or SC.
•
LI
dYd?a
North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B. Sandbeck, Administrator
iiliehael F. Easley, Governor Office of Archives and I listoryy
l.isbeth C. livans, Secretary Division of I listorical Resources
Jeffrey J. Crow, Deputy Secretary David Brook, Director
November 25, 2008
M. Randall Turner
Restoration Systems, Inc
1101 Haynes Street, Suite 211
Raleigh, NC 27604
RE: Removal Buckhorn Creek Powerhouse & Stream Restoration, Chatham County, ER 08-2281
Dear urner.
Thank you for your letter of October 22, 2008, providing the additional information and photographs that we
requested on October 7`I' for this project. Based on the information contained in your letter and substantiated
in our survey site files, we find that the Buckhom Creek powerhouse, pumphouse and headpond dam are not
• eligible for listing in the National Register of Historic Places. "Thus, the proposed demolition and stream
restoration will not affect any historic properties.
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,
Q4,1G
reter Sandbeck
cc: Monte Matthews, USACE
[ - -7
Location 109 liaat Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6571