20060471 Ver 1_Complete File_20020521

NORTH CAROLINA
ASHE COUNTY

S- i y ?Q? corY
CONSERVATION EASEMENT and JA„ (/
EASEMENTS OF INGRESS AND EGRESS S 4 a,: tfe G W?
J4
THIS CONSERVATION EASEMENT and EASEMENTS OF INGRESS AND EGRESS, made this d . .
day of . 2001, by and between
hereinafter called the "Grantor(s)" and the North Carolina Wildlife Resources Commission, Division
of Inland Fisheries, 1721 Mail Service Center, Raleigh, NC 27699-1721, hereinafter called the "WRC;"
and administered by the North Carolina Department of Transportation, hereinafter called the
"NCDOT," provides the following:
WITNESSETH
WHEREAS, the Grantor is the sole owner in fee simple of certain real property in
Township of Ashe County, North Carolina, as more particularly described in Book , Page
of the Ashe County Registry, North Carolina, which land is hereinafter referred to as "the Property";
WHEREAS, the NCDOT is an agency of the State of North Carolina whose purpose includes
the construction of transportation projects for public use and who has the authority to acquire land
for the purpose of mitigating environmental impacts of these transportation projects;
WHEREAS, the NCDOT desires to restore feet of stream in Ashe county on the said
Property through the WRC:
WHEREAS, the WRC is an agency of the State of North Carolina whose purposes include the
restoration and conservation of open space and streams for stream mitigation purposes; is authorized
by the laws of the State of North Carolina to accept, hold and administer conservation easements;
and who has the authority to accept and is willing to accept this Conservation Easement from the
Grantor under the terms and conditions hereinafter described;
WHEREAS, the Grantor is willing to grant a perpetual Conservation Easement over 2.60 acres
of the Property (the Conservation Easement Area), thereby restricting and limiting the use of land
within the Conservation Easement Area to the terms and conditions and for the purposes hereinafter
set forth, and to further grant a Temporary Access Easement of Ingress and Egress to the
Conservation Easement Area upon and along the Property as more particularly set forth hereinafter;
WHEREAS, the Uniform Conservation and Historic Preservation Agreements Act, N.C.G.S. §
121-34 et. seq., provides for the enforceability of restrictions, easements, covenants or conditions
appropriate to retaining land or water areas predominantly in their natural, scenic or open condition
or in agricultural, horticultural, farming or forest use;
WHEREAS, the NCDOT, under a Section 404 permit granted by the U. S. Army Corps of
Engineers (USACE), must conduct certain off-site trout stream enhancement to mitigate for impacts
to trout streams resulting from the construction of
WHEREAS, the NCDOT has entered into an agreement with the WRC to reimburse them for
conducting the mitigation activities;
WHEREAS, the USACE has reviewed and approved the use of the Conservation Easement on
the Property to mitigate for the stream impacts, and such will satisfy the said permit conditions after
the completion of the stream monitoring period;
WHEREAS, the purposes of this Conservation Easement are to protect the mitigation activities
performed by the WRC, to preserve and protect the conservation values of the Conservation
Easement Area, to prevent any use of the Conservation Easement Area that will significantly impair
or interfere with these purposes, and to maintain permanently the dominant woodland, scenic and
natural character of the Conservation Easement Area designated on the Property as hereinafter
described.
NOW THEREFORE, in consideration of the sum of
and other valuable considerations to the Grantor in hand paid by the NCDOT, the receipt of which
is hereby acknowledged, and in further consideration of the mutual covenants, terms, conditions, and
restrictions hereinafter set forth, the Grantor hereby grants and conveys unto the WRC and its
successors or assigns forever and in perpetuity a Conservation Easement, pursuant to the USACE
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Section 404 permit requirements, of the nature and character and to the extent hereinafter set forth,
in respect to the land of the grantor situated in Ashe County, North Carolina, as described in Exhibit
A and hereinafter referred to as the "Conservation Easement Area"; together with a Temporary, Access Easement of Ingress and Egress ('Temporary Access Easement") over and upon the
remaining Property of the Grantors described in Book , Page of the Ashe County Registry
as a means of ingress and egress to and from the Conservation Easement hereinabove described,
as more particularly described in Exhibit B. For a plat of the above described Conservation
Easement and Easements of Ingress and Egress, please see plat titied "Conservation Easement"
recorded in Plat Book , Page of the Ashe County Registry.
The terms, conditions and restrictions of the Conservation Easement are as hereinafter set forth:
ARTICLE I. DURATION OF EASEMENTS; ACCESS
A. Conservation Easement. This Conservation Easement shall be perpetual. It is an
easement in gross, runs with the land and is enforceable by the WRC or its successors and/or assigns
against the Grantor(s), Grantor(s) heirs, devisees, successors and assigns, lessees, agents and
licensees.
B. Temporary Access Easement. It is specifically understood by all parties to this document
that a Temporary Access Easement over the Property, as described more particularly in Exhibit ,
will be valid until the completion of the construction and monitoring of the stream mitigation project
within the Conservation Easement Area of said Property of the Grantor. The NCDOT, the WRC, and
authorized representatives of the WRC, shall have the right to access the Conservation Easement
Area through the Property over this Temporary Access Easement in order to conduct the mitigation
activities, and shall have the right to place equipment and materials on the Temporary Access
Easement. Upon completion of the monitoring period of said stream mitigation project, as described
in Ex ih bit C. the Conceptual Restoration Plan, the Temporary Access Easement will dissolve and no
longer be a part of the Conservation Easement and this document.
C. Permanent Access Easement In addition to the access provided by the Temporary Access
Easement described above, and continuing in perpetuity after said Temporary Access Easement has
dissolved, the NCDOT, the WRC, and authorized representatives of the WRC, shall have the right in
perpetuity to enter the Conservation Easement Area at its point of intersection with the existing right
of way of SR 1003 (Idiewild Rd.) at all reasonable times to undertake additional mitigation activities
as determined to be necessary by the NCDOT or WRC and for the purpose of inspecting said
Conservation Easement Area to determine if the Grantor is complying with the germs, conditions,
restrictions, and purposes of this Conservation Easement The NCDOT or WRC will notify the Grantor
by phone, email, or other correspondence before entering the Property for this purpose. However,
if the NCDOT or WRC in its sole discretion determines that circumstances require immediate entry,
such party is not required to notify Grantor prior to entry but will notify Grantor within two business
days of such entry.
D. Public A chess. The easement rights granted herein do not include public access rights.
However, the public has the right to view the Conservation Easement Area from any adjacent
publicly accessible area.
ARTICLE II. PROHIBITED, RESTRICTED AND RESERVED ACTIVITIES
Any activity on, or use of, the designated Consevation Easement Area inconsistent with the
purposes of this Conservation Easement is prohibited. Unless expressly reserved as a compatible use
herein, any activity in, or use of, the Conservation Easement Area by the Grantor is prohibited as
inconsistent with the purposes of the Conservation Easement The Conservation Easement Area shall
be maintained in its natural, scenic and open condition and restricted from any development that
would significantly impair or interfere with the conservation values of this Conservation Easement
Area. Any rights not expressly reserved hereunder by the Grantor have been acquired by the WRC.
Without limiting the generality of the foregoing, the following activities and uses are expressly
prohibited, restricted or reserved as indicated hereunder:
1. Disturbance of Natural Features. Any changes, disturbance, alteration or impairment of
the natural, scenic and aesthetic features of the Conservation Easement Area or any
introduction of non-native plants and/or animal species is prohibited unless the WRC shall
give its prior written consent or unless otherwise expressly permitted herein.
2. Agricultural. GraziLig and Horticultural Use. Agricultural, grazing and landscaping, of
the Conservation Easement Area is prohibited. Horticultural use of the Conservation
Easement Area is permitted to the Grantor(s) for the purpose of collection of native seeds
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and live cuttings from silky dogwood (Cronus amomum) and silky willow (Saiix sericea)
provided that these activities do not negatively impact the purpose of the
restoration/enhancement project by impacting stream shading and bank stability. No
other plants may be collected. This right does not continue with future owners. The
Grantor(s) should notify the WRC by letter, email or phone in advance of collecting live
cuttings.
GFat} However, should the underlying ownership of the property change hands,
horticultural use will be prohibited. Livestock shall only cross at areas appointed and
agreed upon in the Conceptual Restoration Plan. Grantors may have limited access to
the Conservation Easement Area for the purpose of operating irrigation pumps. Access for
irrigation pumping or for the construction of a pumping station should not exceed a total
of 20 linear feet over 1000 linear feet of the easement. If a pumping station is moved the
Grantor should revegetate the old pump site with woody vegetation and a vegetative
ground cover. When the right to pumping access is exercised the Grantor shall notify the
WRC in writing at the address shown above within 3 business days of such access so that
pumping sites can be noted on easement maps. In an emergency situation, in which no
other water source is available, livestock may access the stream for water. Such
emergency access is limited to one side of the stream for a length not to exceed 30 linear
feet and the Grantor shall notify the WRC in writing at the address shown above within 3
business days of such access. Any stream bank damage caused by emergency livestock
access will be repaired by the Grantor to a standard defined by the conditions found in
adjacent areas where livestock did not access the stream. The WRC will evaluate the site
to insure and determine if the standard has been met.
3. Stream Crossings. The Grantor, for himself, his successors, assigns, invitees and
licensees, hereby reserves the right to maintain the stream crossings shown in the Conceptual
Restoration Plan, attached hereto as Exhibit C. Specifically for this property this includes
2 crossings of Obids Creek. This reservation includes the right to construct a crossing of any
design that the Grantor may choose, at existing crossing locations. These crossings will not
be wider than twenty-five (25) feet, will be, constructed in such a way that minimizes negative
impacts to the stream and riparian vegetation and will be done with all necessary state and
federal permits. The WRC may agree to the Grantor moving existing stream crossings,
installing new crossings or widening the existing stream crossings and construction and
access eats;, if needed in the future, provided that any such request is consistent with
the purposes of this Conservation Easement and the Grantor obtains prior written approval
from the WRC. These crossings and construction and access easements shall not exceed a
width of fifty (50) feet and will be constructed in such a way that minimizes negative impacts
to the stream and riparian vegetation.
4. Silvicultural Use and Land Clearing. There may be no destruction or cutting of trees or
plants in the Conservation Easement Area, except as specifically provided for in Article II,
paragraph 2 and in accordance with the Conceptual Restoration Plan, attached hereto as
Exhibit C. or upon written approval of the WRC. The gathering of firewood in the
Conservation Easement Area shall be limited to dead trees, such that the gathering is
consistent with purposes of this Conservation Easement. Removal of large live trees is
prohibited. Removal of nonnative invasive vegetation may be allowed by manual means or
herbicides provided that this activity is consistent with the purposes of this Conservation
Easement and the Grantor obtains prior written approval from the WRC. If WRC has not
approved or denied in writing the removal of nonnative invasive vegetation within fifteen days
after written request from the Grantors, WRC approval is deemed granted.
5. Hunting and Fishing. Grantor expressly reserves the right to hunt and fish on the
Conservation Easement Area and to control access of all persons for the purpose of hunting
and fishing; provided that these activities do not impact the protection and conservation of
any wildlife habitat or other conservation values of the Conservation Easement Area.
6. Dumping or Stora e. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery, or hazardous substances, or todc or hazardous
waste, or any placement of underground or aboveground storage tanks or other materials on
the Conservation Easement Area is prohibited.
7. Mineral Use. Excavation, Dredging. There shall be no filling, excavation, dredging, mining
or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other material, and no
change in the topography of the land in any manner on the Conservation Easement Area nor
shall there be any activities conducted on the Conservation Easement Area or on adjacent
property if owned by the Grantor and their successors which would cause erosion or siltation
on the Conservation Easement Area. The grantor retains the ability to access the existing
ditch drain lines as necessary for maintenance and repairs so they will remain functional and
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not lead to impaired use of the adjacent farmland not covered by this conservation easement.
The grantor will contact the WRC one week prior to beginning work in the easement area.
Work in the easement area will be repaired to the satisfaction of the WRC°.
8. Industrial Use. Industrial activities in the Conservation Easement Area are prohibited.
9. Residential Use. Residential use of the Conservation Easement Area is prohibited.
10. Commercial Use. Commercial activities not specified in this agreement within the
Conservation Easement Area are prohibited
11. New Construction. There shall be no building, shed, facility, mobile home, or other
structure constructed or placed in the Conservation Easement Area; provided, however, that
the WRC expressly reserves the right to install, operate and maintain structures for the
purpose of reestablishing, protecting, and enhancing stream functional values, including those
described in the Conceptual Restoration Plan, E ibit Q for the Conservation Easement
Area.
12. S' ns. No signs shall be permitted in the Conservation Easement Area except
interpretive signs describing restoration activities and the conservation values of the
Conservation Easement Area, signs identifying the owner of the Protected Property and the
holder of the Conservation Easement, and signs giving directions or proscribing rules and
regulations for the use of the Conservation Easement Area.
13. Subdivision. Subdivision, partitioning, or dividing the Conservation Easement Area is
prohibited.
14. Development Rights. No development rights which have been encumbered or
extinguished by this Conservation Easement shall be transferred pursuant to a transferable
development rights scheme or duster development arrangement or otherwise.
15. Utilities. The installation of utility systems, including, without limitation, water, sewer,
power, fuel, and communication lines and related facilities, except at stream crossings, is
prohibited. If there are existing utility easements (rights of way) located in the Conservation
Easement Area or affecting the Conservation Easement, Grantor shall notify the WRC if right
of way clearing or other work in the Conservation Easement Area is scheduled by the utility.
16. Water ual' and Drainage Pattern. Grantor shall conduct no activities in the
Conservation Easement Area that would be debimental to water purity or to any of the plants
or habitats within the Conservation Easement Area, or that would alter natural water levels,
drainage, sedimentation and/or flow in or over the Conservation Easement Area, or cause soil
degradation or erosion, unless agreed to in writing by the WRC. Diking, dredging, alteration,
draining, filling or removal of wetlands or stream by the Grantor is prohibited, unless agreed
to in writing by the WRC. In addition, Grantor is prohibited from diverting or causing or
permitting the diversion of surface or underground water into, within or out of the
Conservation Easement Area by any means (except as specifically provided for in Article II,
paragraph 7); polluting or discharging into waters, springs, seeps, or wetlands; or using
pesticides or biocides in the Conservation Easement Area unless agreed to in writing by the
WRC.
17. Grantor's Rights. The Grantor, for themselves, their successors, assigns, invitees and
licensees, hereby reserves the right to quiet enjoyment of the Conservation Easement Area;
the right of ingress and egress to the Conservation Easement Area and all adjacent property
of the Grantor; the right to continue such uses as exists as of the date of this grant not
inconsistent with this Conservation Easement; and the right to sell, transfer, gift or otherwise
convey the Conservation Easement Area, in whole, provided such sale, transfer or gift
conveyance is subject to the terms of this Conservation Easement and written notice is
provided to the WRC in accordance with the provisions herein below.
15. WRC's Rights. The WRC reserves the right to use the Conservation Easement Area in
any way necessary, consistent with the terms herein, to undertake any activities to protect,
restore, manage, maintain, or enhance stream functional values, and monitor the restoration
on
resources, as described in the Conceptual Restoration Plan chi ii &) for the Conservati
Easement Area, in order to mitigate for impacts to streams resulting from road construction.
These mitigation activities include, but are not limited to, consUixtion of new stream
channels; restoration/stabilization of existing stream channels; installation of natural and
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man-made materials as needed to direct in-stream, above ground, and subberraneous water
flow; planting of trees, shrubs and herbaceous vegetation; collecting live cuttings; and
utilization of heavy equipment to grade, fill, and prepare the soil. The WRC further reserves
the right to monitor the results of the mitigation activities in perpetuity and to repair or
restore any damage to the Conservation Easement Area occurring after initial completion of
the consbrvation associated with mitigation activities. Furthermore, should any restoration
of repair of the Conservation Easement Area be necessary, the WRC reserves the right to use
the original Temporary Access Easement for these purposes.
ARTICLE III. ENFORCEMENT AND REMEDIES
Nothing contained herein shall be construed to entitle the Grantor or WRC to bring any action
against the other party for any injury or change in the Property resulting from causes beyond the
control of either party, including fire, flood, storm, war, acts of God or third parties, or from any
prudent action taken in good faith by either party under emergency conditions to prevent, abate, or
mitigate significant injury to life, damage to property or harm to the Conservation Easement Area
resulting from such causes, in accordance hereunder.
The WRC has the right to prevent any action on or use of the Conservation Easement Area
that is inconsistent with the purpose of this Conservation Easement and to require the restoration of
such areas or features of the Conservation Easement Area that may be damaged by any inconsistent
activity or use. If the WRC determines that the Grantor is in violation of the terms of this
Conservation Easement or that a violation is threatened, WRC shall give written notice to Grantor of
such violation and demand corrective action sufficient to cure the violation and, where the violation
involves injury to the Conservation Easement Area resulting from any use or activity inconsistent with
the purpose of this Conservation Easement, to restore the potion of the Conservation Easement Area
so injured. If Grantor fails to cure the violation within thirty (30) days after receipt of notice thereof
from WRC, or under circumstances where the violation cannot reasonably be cured within a thirty
(30) day period, fails to begin curing such violation within the thirty (30) day period, or fails to
continue diligently to cure such violation until finally cured, WRC may bring an action at law or in
equity in a court of competent jurisdiction to enforce the terms of this Conservation Easement, to
enjoin the violation, as necessary, by temporary or penmanent injunction, to recover any damages
to which it may be entitled for violation of the terms of this Easement, including damages for the loss
of conservation values, and to require the restoration of the Conservation Easement Area to the
condition that existed prior to any such injury. If the WRC, in its sole discretion, determines that
circumstances require immediate action to prevent or mitigate significant damage to the conservation
values of the Conservation Easement Area, the WRC may pursue its remedies without prior notice
to the Grantor. WRC shall exercise reasonable efforts to notify the Grantor and shall, in any event,
notify Grantor within two business days after action is taken to explain the action undertaken.
WRCs remedies shall be cumulative and shall be in addition to any other rights and remedies
available to WRC at law or equity. Any cost incurred by WRC in enforcing the terns of this
Conservation Easement against Grantor or its successors or assigns, including, without limitation,
costs of suit and allDmey's fees, and any costs of restoration necessitated by Grantor's violation of
the terms of this Conservation Easement shall be borne by Grantor.
No failure on the part of the WRC to enforce any covenant or provision hereof shall be a
waiver to discharge or invalidate such covenant or any other covenant, condition, or provision hereof
or affect the right of WRC to enforce the same in the event of a subsequent breach or default.
The Grantor reserves the right to take action against the WRC for use of the Conservation
Easement Area in a way that is inconsistent with the purpose of this Conservation Easement. Any
cost incurred by Grantor in enforcing the terms of this Conservation Easement against WRC or its
successors or assigns, including, without limitation, costs of suit and attomey's fees, shall be borne
by WRC.
ARTICLE IV. MISCELLANEOUS
A. Amendments. The NCDQT, WRC and Grantor may amend this Conservation Easement
and/or Temporary Access Easement only by a jointly executed written agreement, and provided that
no amendment will be allowed that is inconsistent with the purposes stated herein, and provided that
it is approved by the USACE.
B. Exhibits. The attached Exhibit A, Exhibit B, Exhibit C and Plat recorded in Plat Book -
Page _ of the Ashe County Registry are incorporated in and made a part of this instrument by
reference. The parties acknowledge that the Conceptual Restoration Plan, developed by a WRC
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biologist and dated (Exhibit C), a copy of which is on file at the office of the
NCDOT and the WRC, and which is also attached hereto and incorporated herein, describes the plan
for mitigation activities in the Conservation Easement Area.
C. Title. The Grantors covenant and represent that the Grantors are the sole owner and are
seized of the Property in fee simple and have good right to grant and convey the aforesaid
Conservation Easement and Temporary Access Easements of Ingress and Egress; that the
Conservation Easement Area and Temporary Access Easements are free and dear of any and all
encumbrances, except easement and leases of record or in effect by prescriptive rights as of the date
hereto, and Grantors covenant that the WRC shall have the use of and enjoy all of the benefits
derived from and arising out of the aforesaid easements conveyed. The easements conveyed herein
shall run with the land and must be made part of any transfer of title by the Grantors.
D. Notification. Except as otherwise provided herein, any notices shall be sent by registered
or certified mail, return receipt requested to the parties at their addresses shown above or to other
addresses as either party establishes in writing upon notification to the other.
E. Entire Agreement. This instrument sets forth the entire agreement of the parses with
respect to the Conservation Easement and Easement of Ingress and Egress and supersedes all prior
discussions, negotiations, understandings or agreements relating to the said easements. If any
provision is found to be invalid, the remainder of the provisions of this Conservation Easement, and
the application of such provision to persons or circumstances other than those as to which is found
to be invalid, shall not be affected thereby.
F. Recording. The NCDOT shall record this instrument and any amender hereto in timely
fashion with the Office of the Register or Deeds of Ashe County, North Carolina, and may re-record
it at any time as may be required to preserve its right under this Conservation Easement
G. Costs and Lia ilities. The Grantor retains all responsibilities and shall bear all costs and
liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property,
including the payment of all taxes, assessments, fees, and charges of whatever description levied on
or assessed against the property.
eaverage. GraRtff shall keep the PFepeft free ef any liens a0sing eut ef any we* pei:fwmed ,
taxes-, assessments-, fees, and ehaFges ef whateveic deseAptien levied en eF assessed against th
as a Fesult of-, this Gensepmfien Easement-, and shall fuFnish WRG with satisfae" evidenee
payment upon reque-st.
H. Construction of Terms. This Conservation Easement shall be construed to promote the
purposes of the North Carolina enabling statute set forth in N.C.G.S. 3 121-34, which authorizes the
creation of Conservation Easements for purposes including those set forth in the recitals herein, and
the conservation purposes of this Conservation Easement:, including such purposes as are defined in
Section 170(hx4XA) of the Internal Revenue Code.
1. Authorized Representative. All parties agree that the NCDOT is an authorized
representative of the WRC for purposes of this Conservation Easement and Easements of Ingress and
Egress.
J. Conservation PUr OSe. The WRC, for themselves, and their successors and assigns agree
that this Conservation Easement shall be held exclusively for conservation purposes. The parties
hereto recognize and agree that the benefits of this Conservation Easement are in gross and
assignable, provided, however, that the WRC hereby covenants and agrees that in the event they
transfer or assign this Conservation Easement they hold under, the organization receiving the interest
will be a qualified organization as that term is defined in Section 170(h)(3) of the Internal Revenue
Code of 1986 (or any successor section) and the regulations promulgated thereunder, which is
organized or operated primarily for one of the conservation purposes specified in Section
170(hx4XA) and section 2301 of the Internal Revenue Code, and the WRC further covenants and
agrees that the germs of the transfer or assignment will be such that the transferee or assignee will
be required to continue to cant' out in perpetuity the conservation purposes that the contribution was
originally intended to advance, set forth in the Recitals herein.
TO HAVE AND TO HOLD the aforesaid Conservation Easement and Easement of Ingress and
Egress unto the NORTH CAROLINA WILDLIFE RESOURCES COMMISSION, its suers and assigns,
forever. The rights and obligations set forth herein shall inure to and be binding upon the Grantor and
the WRC, their heirs, executors, NCDOTs, assigns and successors in title or interest.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals and caused this
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instrument to be signed in their respective names by authority duly given, the day and year first
above written.
GRANTOR(S):
NORTH CAROLINA, COUNTY OF
(Seal) (Seal)
(seal) (Seal)
(seal) (mil)
I, a Notary Public of County do hereby certify
that . Grantor(s), personally appeared
before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and
official stamp or seal, this day of , 2001.
Notary Public
My Commission Expires:
NCDOT:
ACCEPTED FOR THE DEPARTMENT OF TRANSPORTATION BY:
name and title
NORTH CAROLINA, COUNTY OF
I, a Notary Public of County do hereby certify
that of the North Carolina
Department of Transportation, personally appeared before me this day and acknowledged the execution
of the foregoing instrument. Witness my hand and official stamp or seal, this day of
.2001.
My Commission Expires:
Notary Public
WRC:
ACCEPTED FOR THE WILDLIFE RESOURCES COMMISSION BY:
name and tide
NORTH CAROLINA, COUNTY OF
I, a Notary Public of County do hereby certify
that of the North Carolina
Wildlife Resources Commission, personally appeared before me this day and acknowledged the execution
of the foregoing instrument. Witness my hand and official stamp or seal, this day of
.2001.
My Commission Expires:
Notary Public
The foregoing Certificate(s) of Notaries/Notary Public,
is/are certified to be correct. This instrument and this certificate are duly registered at the date and time
and in the Book and Page shown on the first page hereof. This the _ day of .2001.
Regisfer of Deeds for Wilkes County
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BY:
Deputy/Ascent Register of Deeds
°EXHIBIr Aw
CONSERVATION EASEMENT NO. 1, CONSERVATION EASEMENT No. 2 AND CONSERVATION EASEMENT NO.
3 - PARcEL #703WM - JONATHAN F. AND HOLLIS M. H. WILD
The conservation easement area shown as Conservation Easement No. 1, Consevation Easement
No. 2 and Conservation Easement No. 3 of Parcel #703WM of Jonathan F. and Hollis M. H.
Wild, being more particularly shown and described on a plat entitled Survey of Conservation Easement
and being recorded in Plat Book Page of the Ashe County Registry.
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`EXHIBIT B°
AimcLE I. DURATION OF EASEMEwrs; ACCESS
B. Temporary Access Ea men
The NCDOT, and authorized representatives of the WRC shall have the right to go upon
the property of the grantor(s), as referred to within this document, to the extent
necessary to implement the work shown and described in the properties Conceptual
Restoration Plan, Exhibit C.
C. Permanent Access Easement
A permanent Access Easement does not apply to this property.
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North Carolina Wildlife Resources Commission
MEMORANDUM e?t/ 07
To: Cynthia Van Der Wiele, DOT Coordinator, NC Division of Water Quality
From: Joe Mickey, NCWRC, Stream Mitigation Coordinator
Date: May 16, 2002
Subject: Response to 6/29/01 DWQ comments on the Stream Restoration Plan for the Wild
Site on Obids Creek, Ashe County, in association with the 421 NCDOT Project
R-529, Watauga County, WQC No. 97-0616, DWQ Certification No. 3185 and
summary of August 6, 2001 meeting to address protocol issues
This is in response to issues related to DWQ review of the Stream Restoration Plan for
the Wild site in Ashe County submitted as partial fulfillment of stream mitigation for the US
421 project in Watauga County (R-529, DWQ No. 3185). Please note that we incorrectly
submitted the plan as a restoration project when in actuality it is a bank stabilization/habitat
enhancement project. The following comments are offered in response to your June 29, 2001
memo:
1. Existing conditions. DWQ notes that the stream is too unstable and should be restored as
Priority I restoration. WRC - we disagree with DWQ statement that the stream is too
unstable, so a Priority I restoration is preferred. Obids Creek through the Wild property is
stable at numerous locations with a narrow canopy of riparian vegetation. The stream is
classified as a C4 stream with a sinuosity of 1.33 indicating that minor channelization has
occurred at this site in the past. However, there are several sites that lack riparian
vegetation resulting in eroding meanders. At these locations we propose to restore proper
dimension and profile, and plant riparian vegetation. Pattern will not be changed (Priority
I). Because livestock have access to the stream, eroding banks at crossings will be stabilized
and livestock will be excluded from the stream. In-stream habitat is lacking in many areas so
we plan to improve aquatic habitat values with structures (rock vanes, cross vanes, logs,
etc.). Also (since Obids Creek is trout water) doing a Priority I at this site would eliminate
much of the existing riparian vegetation, resulting in higher water temperatures and lower
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] ext. 281 • Fax: [phone]
Charles R. Fullwood, Executive Director
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detritus input. A Priority I restoration could negatively impact trout populations for 4-6
years after completion of the project.
2. Stream Restoration. WRC -As noted above, this is not a Priority I restoration but a bank
stabilization/habitat enhancement mitigation project.
3. %-stream structures and/or channel blocks. DWQ - The location of all proposed in-
stream structures and channel blocks must be provided on the site plans in relation to the
stream features (i.e., pools, riffles, glides, runs). WRC - We have added a new table (Table 2)
to the plan that notes structure type, approximate station number, and existing stream
feature.
4. Site Plans/Maps. DWQ - The site plans/maps must contain the information specified in
2.3.3 of the Internal Technical Guide for Stream Work in NC (April 2001). Please revise the
site plans and maps to contain this information. WRC - Much of the information that is
required in this section of the technical guide was included in our original plan (goals and
objectives, project description, site maps, morphological classification, table of
morphological characteristics, monitoring protocol). We do not believe all of the
information from section 2. 3.3 is required for this project since it is not a Priority I
restoration, for which section 2.3.3 of the guide is intended. However, we have added
additional information in the revised longitudinal profile and cross-section figures/tables,
where appropriate.
5. Morphological Measurement Table. Since this project is not a Priority I restoration, all of
the data required in Table B is not applicable to this project. However, we have included a
modified table (Table 1) for your review. Additional morphological data is also provided in
Figures 4-7.
6. Morphological Measurements. DWQ - Channelized streams are typically incised and over-
wide. It is not clear why the bankfull cross-sectional area would be increased over the
current cross-section area. WRC - bankfull indicators from the existing stream were difficult
to determine due to eroding banks and livestock trampling of the banks. It appears that field
determination of bankfull could have been low because of these factors, resulting in lower
than expected cross-sectional area. We have since revised the cross sections to more
accurately reflect bankfull conditions. Restoring dimension and profile (cross-sectional
area) at eroding banks is based on reference reach data and regional curve data.
7 Permanent Easement. DWQ - Staff could not determine the width of the riparian buffers
that are proposed to be restored/enhanced and placed in conservation easement. The only
figure noted was a 25-foot livestock exclusion. Twenty-five feet from top of bank would be
an adequate riparian buffer ......... It should be noted that permanent easement is required
for stream mitigation projects. The easement must include permanent protection of the
stream buffers. WRC - we have attached a plan view map of the conservation easement and
a draft copy of the conservation easement. The conservation easements average width is
approximately 66 feet (50 to 85 feet) and encompasses 2.6 acres plus a construction access
easement from SR 1003 (Idlewild Road). Permanent easement access will be from SR 1003
at the southern end of the project. Please note that the conservation easement should be
signed by the landowner this spring or early summer. We will submit a signed copy of the
conservation easement to DWQ with the as-built plans once the project is completed We
will not construct the project without a signed conservation easement!
8. Sediment Transport Analysis. DWQ - .......... As such, it is necessary to demonstrate that
the predicted sediment transport in the designed stream will be in equilibrium to ensure that
overall stability will be achieved. WRC - this is not a Priority I restoration which requires
sediment transport data, however, we have provided sediment transport data (Table 4 and
Figures 4-7) for your review.
9. Reference Reach. DWQ - Please provide the precise location(s) of the reference reache(es)
used on a site map and include the length of the reference reach used. WRC - a reference
reach site map has been provided (Figure 18) along with reference reach x -section and
pebble count data (Figures 19 & 20). The length of the reference reach is 1682 feet from two
sites (1210'& 4729 on Meadow Fork Creek, Alleghany County, New River drainage.
10. Biological Monitoring. DWQ- since this is not a Priority 1 restoration project, biological
monitoring will not be required. However, Dave Penrose would like to collect samples for his
own research and use the data to compare to Level I restoration projects. WRC - we will
notify Mr. Penrose one month (time permitting) by email in advance of starting construction
so he can collect biological data if he wishes to do so.
11. Mitigation ratios. DWQ - 3:1. WRC - we would prefer 2:1. Perhaps DWQ will reconsider
the 3:1 ratio after the as-built plans are reviewed
12 Miscellaneous Issues. DWQ - are there any plans to restore wetland functions as part of this
plan? WRC- no, there are no plans to restore wetland functions with this plan. However, a
Priority 1 restoration is being planed adjacent to this site that has the potential to restore
some wetland functions. Separate plans will be submitted for this Priority I restoration on an
unnamed tributary to Obids Creek on the Wild's property at a later date.
DWQ - A conservation easement agreement must be signed prior to issuance of the 401 WQ
Certification. You are reminded that seven (7) copies of a complete Pre-construction
Notification Application and a fee of $475 made payable to NCDWQ will be required. WRC -
On Monday, August 6, 2001, Shannon Deaton and I met John Dorney to discuss concerns we
had with issues related to the US 421mitigation program. Results of the meeting were as follows:
• The DOT/WRC stream mitigation program is permitted under the DWQ Certification No.
3185, issued April 20, 1998 for the DOT R-529 project. Since a permit has already been
issued for the project, WRC will not have to submit a Pre-Construction Notification
Application and fee of $475 for each site.
• Three (3) copies of each site plan must be submitted to Cynthia Van Der Wiele, DWQ DOT
Coordinator for approval prior to the signing of a conservation easement. However, WRC
will not begin construction until a conservation easement is signed.
4
DWQ will try to lessen the amount of time to respond to project plans. This will help reduce
construction delays. In the past, there has been a delay in the time plans are submitted to
DWQ for review and when comments are received by WRC (i. e., Bare and Wild sites
received by DWQ on 41101091, comments mailed to WRC on 7/27/01).
Thank you for the opportunity to reply to your comments and consideration of our response.
Please notify me as soon as possible that this response adequately addresses your concerns. I
would like to begin construction at this site soon.
Cc: Lindsey Riddick, NCDOT
Jean Manuele, DOT Project Coordinator, USCOE
Shannon Deaton, NCWRC
Jim Borawa, NCWRC
r
I
0.
MAY
j 2 2002
F
A -
"T , .? iArNOS GPOUP
Ert "y SECTION
Stream Stabilization and
Enhancement Plan
Wild Site
Obids Creek, Ashe County
NCDOT/NCWRC Stream Mitigation Program
Prepared by
North Carolina Wildlife Resources Commission
Habitat Conservation Program
Revised May 2002
Stream Stabilization/Enhancement Plan - Wild Site on Obids Creek, Ashe County
Introduction
Objectives
Existing Conditions
Site Recommendations
Stream Restoration/enhancement
Riparian Improvements
Livestock Exclusion
Conservation Easement
Erosion Control
Spill Containment
Monitoring
Photo Reference Sites
Cross-sections
Longitudinal Profiles
Pebble Counts
Vegetative Cover
Plant Survival
Conclusion
Figures and Tables
Figu re 1. Site Ma Table 1. Stream Reference Data - Obids Cr., Wild Site
Figu re 2. Site Photos Table 2. Location of In-stream Structures
Figu re 3. Longitudinal Profile Table 3. Monitoring Criteria
Figures 4, 5, 6, 7. X-section dimensions and hydraulics
data summaries Table 4. Sediment Transport Calculations
Figu res 8, 9,10,11,12. Summarize bole count data
figu re 13. Site Plan View
Figu re 14. Typical bank grading
Figu re 15. Rock vane structure
Figu re 16. Rock weir structure
Figu re 17. Root wad structure
Figu re 18. Reference Reach Site Ma - Meadow Fork
Figu re 19. Reference Reach X-section
Figu re 20. Reference Reach le count
Figu res 21- 23. design X-section dimensions
Figures 24 -26. Existing & design X-sections
comparisons
Figu re 27. Conservation Easement Plat Ma

Appendix 1
Riparian and Seeding Guidelines for NCWRC Mitigation Program
Appendix 2
Livestock Exclusion
Introduction
This plan is submitted as partial fulfillment of the off-site stream mitigation agreement between the North
Carolina Department of Transportation (DOT) and North Carolina Wildlife Resources Commission (WRC) for the
R-529 US 421 road improvement project in Watuaga County. Under this agreement, a total of 14,814 linear feet of
stream mitigation is required by the United States Army Corps of Engineers (COE) and 7,407 linear feet of
mitigation for the North Carolina Division of Water Quality (DWQ). The purpose of this plan is to document
those practices used for bank stabilization and habitat enhancement along 1805 linear feet of Obids Creek located
on the Wild property, Ashe County.
Objectives
The objectives of the stream restoration project on Obids Creek on the Wild property are as follows:
1. Slope and vegetate the banks at selected locations to reestablish a banldull bench to make the banks more
resistant to erosion and flooding.
2. Install rootwads and/or rock vanes or rock weirs where appropriate to provide long-term bank stability, fish
habitat, and to narrow and deepen the stream channel.
3. Plant native trees, shrubs and ground cover on all disturbed banks and along the channel to provide long term
bank stability, stream shading, cover and food for wildlife.
4. Exclude livestock from the riparian zone through fencing and alternate water sources as specified in the plan
developed by the Natural Resource Conservation Service. A 25-foot wide riparian buffer zone is recommended
along each bank
5. Treat multiflora rose (Rosa multiflora) with a one time herbicide application provided by this program with
follow-up treatments by the landowner, as needed to eliminate or control this exotic plant.
Existing Conditions
Obids Creek is a tributary to the South Fork New River in the New River drainage, Ashe County. The
watershed area of the proposed project is approximately 3.5 square miles. Land use consists of small rural farms
containing pastures and forested wood lots. Most of the flatter valleys are used to raise crops and graze livestock
Some livestock grazing also occurs on steep slopes. Much of the forestland in the watershed has been converted to
agricultural land, with a good portion used for Christmas tree farming. However, a significant portion of the
watershed remains in secondary growth forest. There is some conversion of agricultural land to single family home
sites. Obids Creek has suffered from past and ongoing land disturbing activities within the watershed
Streambank instability from poor riparian zone management in the watershed has continued for many years,
causing adverse water quality impacts through increased sedimentation from eroding streambanks.
The stream flows through an alluvial valley (Valley Type VIII) with soils in the Toxaway series. Toxaway
soils consist of poorly drained and very poorly drained soils on flood plains. These soils formed in loamy alluvium
deposits. Slopes range from 0 to 0.2 percent. Toxaway soils have loamy horizons 40 to 60 inches thick and are
strongly acidic or semiacidic, except where the surface layer has been limed
At the Wild site (Figure 1) the riparian zone, though narrow (less than 10 feet, each bank), is fairly intact
along many sections of the stream (Figure 2). Vegetation along this narrow riparian zone consists primarily of tag
alder (Alnus serrulata) and multiflora rose (Rosa multiflora) along with some silky dogwood (Corpus amomum),
red maple (Acer rubrum) and black cherry (Prunus serohna). Livestock grazing has caused bank erosion at
numerous locations within the riparian zone. Severe bank erosion is occurring at several locations void of riparian
vegetation (Figure 2). The instability of streambanks at several locations is causing adverse water quality impacts
through increased sedimentation. Fish cover is limited to a few undercut banks, deep pools, and a limited amount
of small woody debris. The combination of these factors provides fair habitat for aquatic species.
A major tributary is located at station 2+77 and smaller spring seeps are located at stations 4+16 and 6+69.
There is an existing ford at station 16+13 to 16+28 which is used for farm equipment access to pastures on the
west side of Obids Creek An abandoned stream channel is located from station 12+00 to 14+19. This abandoned
channel is the result of an old beaver dam or past channelization project.
Eroding stream banks are in need of bank stabilization/enhancement work to restore the stream corridor to a
more state condition. The following major bank erosion areas were noted during the survey:
Station #
3+12-3+42
3+91-4+26
5+60-6+00
6+30-6+65
7+75-8+50
Site condition
eroding left bank
eroding left bank/debris jam
eroding right bank
eroding right bank
eroding left bank
8+65-9+60 eroding right bank
10+64 -11+30 eroding left bank
11+94 - 14+06 eroding left bank
14+20 - 14+30 eroding right bank
In addition to the above sites, there are many small bank erosion locations that are the result of cattle access.
Excluding livestock from the stream riparian zone would allow for these areas to heal naturally.
Figure 3 summarizes the longitudinal profile. On the Wild property the stream is composed of 79% riffles and
21% pools. Bankfull was determined using field-identified indicators, primarily a scour line and point bar height,
and evaluated using regional curve information (NCSU-Stream Restoration Institute). Banldull was difficult to
determine at most locations because livestock had destroyed most indicators. Cross-section dimension data is
summarized in Figures 4 - 7. Pebble count, subpavement and pavement samples are summarized in Figures 8 -12.
Course to very course gravel is the bed material in the reach (D50 = 30 mm, Figure 8) and cross-section (D50 =
45mm, Figure 9). The weighted D50 and D 84 is 35 mm and 103 mm, respectively (Figure 10). Pavement and
subpavement analysis is summarized in Figures 11 and 12. The subpavement is probably more representative of
the particle sizes to be moved during a bankfull event. Stream reach data is summarized in Table 1. Sinuosity is
1.33, water surface slope 0.011 ft, valley slope 0.0135 f4 entrenchment ratios of 4.3 -5.7 and width/depth ratios of
14.2 -25.2. Based on sinuosity, entrenchment ratio, width/depth ratio, water surface slope and streambed
materials, the stream is classified as a C4 stream type.
Site Recommendations
Stream Restoration/enhancement
Table 2 summarizes the location of in-stream structures and bank stabilization improvements planned for this
site. Figure 13 shows the plan view of the proposed bank stabilization and habitat enhancement structures. At
to selected locations (Table 2) we propose to construct rock weirs, rock vanes, lag vanes, and root wad structures to
t`? improve in-stream aquatic habitat and provide long term bank stability and to reshape streambanks on a 2:1 or 3:1
grade to create a bankfull or floodplain bench (Figure 14). The purpose of this activity is to reduce streambank
erosion and create an area for bank re: vegetation. Disturbed banks will be revegetated and planted with riparian
shrubs and trees.
Rock/log vanes (Figure 15), rock weirs (Figure 16) and root wads (Figure 17) will be used to reduce the near
bank water velocity and stress (Figures 14 -16). Rock for vanes and weirs will be hauled from a local quarry or
hauled to the site from US 421 waste areas. Root wads and logs will be hauled to the site from stockpiles along the
new section of US 421. Structures will be built by a track-hoe working from the top of the bank or from within the
channel if necessary. Vanes and weirs will be off-set from the bank 20-30 degrees and will be sloped from a
bankft ll or inner berm elevation upstream and into the bed of the stream on a 8 -15% slope. Footer rocks will be
placed approximately 2 feet below the normal stream bottom. Rock size will varyfrom approximately 250 pounds
(2 cu feet) up to 1250 pounds (9 cu feet). Root wads will be used to protect the outside of meanders and provide in-
stream cover. These structures will raise the water level in the near bank region and cause it to fall toward mid-
channel, moving the thalwag to the center of the channel to create a deeper pool or run and reduce near-bank
stress.
Design parameters are given in Table 3. Reference reach data was collected from 1682 linear feet of Meadow
Fork in Alleghany County, South Fork New River watershed (Figure 18). Reference reach cross-section and pebble
count data are given in Figures 19 and 20, respectively. Dimensionless ratios of measurements taken from the
reference reach were compared with information taken onsite. This information was also compared with the NC
Mountain Regional Curve data. All of this information was used in the design of this Priority 2 and 3 bank
stabilization and habitat enhancement project. No change in pattern is planned Figures 21- 23 show the design
and dimensions for 3 cross -sections while Figures 24 -26 compared the existing condition with the proposed cross-
section.
In general, the degraded stream bank and habitat conditions at this site are not the result of sediment transport
problems. Unnatural aggradation is not present in that there are no unusual bars forming in the channel. The
degradation that has occurred was due to mechanical modifications in the past and continued impacts from
livestock grazing. However, we have evaluated the competency of the proposed bank stabilization activities to
ensure that problems will not be created by this project. The proposed bank stabilization activities are competent
and the channel will be able to move its bed load (Table 4, Figures 5 and 7).
Riparian Improvements
The current riparian zone provides stream shading in many locations necessary to maintain cold water
temperatures during the summer months necessary for cold water aquatic species (trout). The rooting depth of
existing vegetation is deep enough to provide long-term bank stability. However, at many locations a lack of
riparian vegetation contributes to streambank failure and increased sedimentation.
We propose to improve the riparian zone at this site with a number of practices. "Riparian Seeding and
Planting Guidelines for the WRC Mitigation Program" is located in Appendix 1. Streambanks at selected sites will
be sloped to approximately a 2:1 or 3:1 slope (Figure 14). Sloping should reduce undercutting, improve the ability
of vegetation growth to cover the slope and increase the stability of the bank This will allow the water to rise
along the sloped surface rather than eroding a vertical bank After the riverbank has been sloped it will be
vegetated with sod mats removed from the existing bank or covered with erosion control matting. Disturbed areas
will be reseeded with brown top millet or winter wheattrye and with a native all-purpose grass/wildflower seed mix
(Appendix 1). Woody vegetation, including live stakes and bare root vegetation will be used in all areas within the
Conservation Easement boundaries. We will plant short understory growing native woody species such as tag
alder (Alnus serrulata), silky willow (Salix sencea), and silky dogwood (Corpus amomum) along the riparian zone.
On the upper banks we will plant native trees that provide shade, bank stability and cover and food for wildlife.
Woody plantings will be at the rate of 320 per acre as per DWQ guidelines.
Livestock Exclusion
An important part of the stream mitigation plan is exclusion of livestock from the riparian buffer of the stream
within the conservation easement boundaries (Figure 2). In a large part, livestock management will determine
the success of the other practices. The Natural Resource Conservation Service (MRCS) has developed these
livestock exclusion proposals (Appendix 2). The attached Conservation Plan details the planned treatments and
the costs by treatment. The MRCS will administer all phases of this part of the mitigation plan.
Conservation Easement
A permit condition for a landowner participation in the stream mitigation program requires that the proposed
stream restoration and riparian corridor be placed in a conservation easement (CE). The CE boundary line is
determined based on the size of the stream, the amount of land needed to provide a significant vegetative cover for
the stream and desires of the landowner. DOT Location and Survey has developed the CE for this site (Figure 27).
The Wild CE average width is approximately 66 feet (50 to 85 feet) and encompasses 2.6 acres plus a temporary
construction access. Right-of-way access to the easement by WRC personnel will be from SR 1003 Idlewild Road
at the southern end of the project. The CE agreement will be between the landowner and the WRC and the CE
document will be held by the WRC. A copy of the signed CE will be submitted to DWQ with the as- built survey
report once the project is completed
Erosion Control
Before any work begins on the stream, two stabilized stream crossings will be built to NRCS specifications to
allow for equipment access across the stream. Crossing locations are shown on the NRCS Conservation Plan.
Once the stream restoration project is completed and fenced, these crossings will remain in place as stable livestock
crossing sites.
During construction, equipment will only access the stream when absolutely necessary. For this project, it is
anticipated that all track hoe work can be accomplished from the top of the bank All construction materials
including rock, root wads, logs, and erosion control materials will be stockpiled at a central location at the site. To
limit disturbance of soils, all equipment will travel along identified travel corridors.
Disturbance of soils will be limited to only what work can be accomplished and stabilized on a daily basis. As
a structure is completed, the site will be sloped Stockpiled soils or disturbed areas on steep slopes will have erosion
control fencing installed as needed. Once the banks are sloped, they will be hand seeded with a 'native all-purpose
seed mix" (10 lbs. per acre) that was prepared for this region (see attached planting guidelines) and browntop
millet or winter wheat/rye grain (1 lb. per 1,000 sq. ft). The surface of the sloped bank will be covered with sod
mats salvaged from the site or with excelsior erosion control matting. These materials will be anchored in place
with stakes and landscape staples. We will also plant low growing woody species such as tag alder, willow and
silky dogwood as dormant cuttings along the stream banks. Medium to large shrubltree species will be planted
throughout the CE area as bare-root materials during the dormant season.
Spill Containment
All equipment supplied by the contractor must be in good working order and should not be leaking any fluids
that could contaminate the stream or property. In case of an accidental spill of hazardous materials (hydraulic
4
Longitudinal Profiles
A longitudinal profile will be developed for each site prior to construction. This profile will be duplicated on
the I°`, 3rd and 5 h years after construction for data comparison. The beginning and end of each profile should be
well demarcated and the length should be at least 20 Wnkft l widths.
The as-built longitudinal profile should show that the bedform features are remaining stable, e.g. they are not
aggrading or degrading. The pools should remain deep with flat-water surface slopes and the riffles should remain
steep and shallow. There should be little change in the as-built longitudinal profile. Unstable conditions that
require remediation will indicate failure of restoration activities.
Pebble Counts
Two types of pebble counts should be collected in each reach including 1) 100 counts reach wide stratified by
the percentage of riffles and pools, and 2) 100 counts from each permanent cross section. The Wolman pebble
count procedure will be used Plots will be made showing the cumulative frequency curve and histogram for each
cross-section and reach wide. The pebble counts should be completed at the same time as the cross-sections and
longitudinal surveys. The pebble count data should show a coarsening of the entire frequency distribution in the
reach and a coarsening of the pools over time.
Vegetative Cover
One objective of the mitigation program is to increase the quantity of shade, through vegetative cover of the
stream. This will be accomplished by planting herbaceous and woody vegetation along the riparian zone. As this
vegetation grows and matures the stream should become more and more shaded, the air temperature along the
stream corridor should become more stable and water temperatures should not rise in the affected reach.
The ability of planted vegetation to thermally stabilize mitigation site riparian zones will be evaluated by
monitoring both water temperature and air temperature. Temperature will be sampled using StowAway® XTI
recording thermometers made by Onset Computer Corporation. These thermometers will be placed upstream and
downstream of the site reach and will record water temperature every hour. They will be deployed by the Vt of
August each year to record the water temperature during August and September. Streams in Western North
Carolina usually are the warmest during these months and begin to cool by the end of September. Water
temperature will be recorded prior to construction and each year during the 5 -year monitoring period As
vegetation matures, water temperature should decrease, or at least be constant, as it moves through the mitigation
site for the 5 year monitoring period
Plant Survival
Survival of vegetation will be evaluated by visual observations and/or direct counts of planted trees and/or live
stakes. Coverage by the cover crop will be evaluated at regular intervals the first 2 months following construction.
Seeded areas will be subjectively evaluated using photographs. Survival of live stakes and rooted stock will be
evaluated by direct counts taken the first, 31a and 5t' years after construction.
When seeded vegetation does not show satisfactory germination and plant density, plans should be made to
either sow more seed, fertilize the site or both. Successful growth of seeded vegetation will be based on 75%
coverage of any seeded site. Success of live stake plantings will require an 80% survival rate. Success of bare root
trees will require an 801/6 survival rate, based on examination of all planted trees. An attempt will be made to
replace all dead bare root trees. The goal is to have 320 trees per acre inside the CE boundary.
Conclusion
Past disturbances have impacted aquatic and riparian habitat along Obids Creek Through streambank
stabilization/m-stream habitat enhancement, riparian corridor enhancement and livestock exclusion the stream can
be improved to resemble a more natural stream environment. Water quality will be unproved through reduced
sedimentation and aquatic and wildlife habitat will be improved with the return of a functioning riparian corridor.
Figure 1. Wild Site on Obids Creek, Ashe County
N
W E
S
Ashe county
LA 4
Figure 2: Pictures of Wild Site, Obids Creek
The first three pictures are areas of the stream
that are priority bank stabilization sections.
These are major sites of sedimentation
resulting in poor habitat and loss of riparian
vegetation. Rock vanes, rock weirs, and root
wads will be installed at these locations to
prevent further bank erosion. Banks will be
sloped and revegetated. Livestock will be
fenced from the riparian zone for long term
protection.
These two pictures show examples of a stable stream section. The banks are vegetated with alders and other
trees which help prevent bank erosion, provide for stream shading and nutrient input..
Elevation (ft)

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100.76
99.61
99.26
98.76
97.94
97.76
97.46
97.01
96.51
96.16
95.84
95.56
96.06
96.19
97.46
98.76
99.93
99.78
99.46
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Distance (fQ
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T
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Obids Creek
New River
rl
92.92.28
91.05
91.75
91.96
91.33
89.88
88.88
87.7
87.58
88.45
88.63
87.43
87.28
87.48
87.86
88.13
88.85
89.21
89.88
90.98
91.23
90.88
91.96
93.18
70 80 90 100
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Figure 6
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90
89
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87 -
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85
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0 10 20 30
40 50
Distance (ft)
60 70 80
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Obids Creek
New River
height of in?
omit distance Fs
notes pt (ft) M)
89.31
86.67
85.8
84.59
84.37
84.48
84.66
84.54
84.65
84.79
85.8
86.67
87.73
88.45
88.17
89.64
FS FS cnannei
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89.31
12+21 Riffle
Obids Creek
90
89
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° 87
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85
84
0 10 20 30 40 50 60
Distance (ft)
87.43
87.94
88.53
85.49
85.44
86.08
86.25
86.07
85.04
84.45
84.4
84.56
84.32
84.37
84.42
85.04
85.54
70 80 90
86.33 from channel material
86.25 103 measured D84 mm
8726 4.1 relative roughness 6.3 Eric. factor
88.49 0.043 Manning's n from channel material
88.42
88.23
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FIGURE 15
ROCK VANE STRUCTURE showing plan, profile, and cross Section
5
VIEW
CROSS-SECTION VIEW
FIGURE 16
Rock Weir showing plan, profile, and cross section views
PLAN VIEW
PROFILE VIEW
FIGURE 17
ROOT WAD STRUCTURE showing plan and cross section views
PLAN VIEW
CROSS-SECTION VIEW
`Figure 1 8. Meadow Fork Reference's
J Reach, Alleghany Co. 4.4 sq. ?' ?
mi. DA, C4 stream type\
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Figure 19 Meadow Fork Reference Reach X-sect;
Riffle Meadow Fork
89
88
87
as
o 85-
84
83-
82
a1
0 5
1J
30
10 45 20
Width from River Left to Right (ft)
Fork

Ftei9ltl Q instrument 00.
omit dis=tance FS FS V{tfpa charme[ Mariri?tg's`
rtOteS pt fit} {fit} etevallon. O top of bank ftt? SM)e ()
s' 87.24
86.94 W 8724
86.09
85.19
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' 83.89 16.3 wkfth 19.5 tP
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b 82.19 150.0 tiaad prone area 9.2 errt ratio
- 82.24
81.84 hy&atdics
81.94
81.89 327.0 dscharge rate, (ds)
81.94 1.30 shear stress ((bstft sq )
82.09 0.82 shearvelo*
82.14
12.509
ad skearn power (bs
Msec)
82.37 0.81 munber

e;? ?€ :._ 82.74
9.9
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86.39
87.04
87.24
87.34
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Figure 21. X-Section 8+10_.-design
Design Riffle 8+10
Obids Creek
--
94-
93-
924
91 -
c
a go
W 89
87
86
0 10 20 30 40 50 60 70 80 90
W-xM from River Left to Right (ft)
87.43
87.32
87.28
87.34
87.69
88.13
88.59
88.93
89.88
90.29
'90.71-
90M
91.96
93.18
100
r.0 from channel material
3 measured D84 mm
5 relative rou hrtess 6.5 f6c. factor
43 Marini 's n from channel material
Figure 22. X-Section 10+90 Design
Design Pool 10+90
Obids Creek
90
89
c
0 87
m
m
W
86--
85
84
0
10 20
30 40 50 60
WkIth from River left t0 Right (ft)
70 80 90
Obids Creek

motio
= New River
n
height of instrument (ft):
omit distance FS FS FS channel
Hates pt. (f{) (ft) elew ion banldull , trap of ban slope X96}
e 89.5
89.12 87.49 89.5
e $7.06
86.67
mensions

e G
85.8 56.0 x-section area 1.2 d mean

84.59 47.5 v*M 48.5 wet P
?:
a

84.37 3.1 d max 1.2 i
84.48 5.1 bank ht
84.65
84.79
85.8
86.41
86.85
87.49
88.17
89.64
Figure 23. __X-Section 12+21 Design
Design Riffle 12+21
Obids Creek
90
89 `
88
0 87
m ,
86
85
84
0 10 20
Sect
deserim
height of instrument
omit distance FS
notes i Pt I (f ti (€t)
30 40 50 60
VVKM from River Len to Right (&)
70 80 90
s Creek
River
evation 6ankfuR top of ba
87.98 s s
87.9 86.6 87.74
87.74
87.33 slons
86.47 52.6 x-secticf
86.34 51.1 Width
86.24 r2.4 d max
86.25 3.5 hank M
85.78 150.0 W flood
85.2
84.79
84.48 5.0 velocity i
84.3 264.3 di
84.25 0.64 shear sti
84.26 0.57 shear ve
84.35 F3228 unit stra
84.47
85.43
85.65 40.2 rthr:es:h-cj?
85.93
86.33
86.49
86.6
86.76
87.69
87.85

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Figure 27
° Conservation Easement Plat, Wild Site on Obids Creek
N = 939712.4634
E = 1295905.4900
POINT ON
WHITE FLINT ROCK
FRANK D. FAW A5
DB 169 PG 1248
CONSERVATION
L4 EASEMENT N0.1
S 43°44'40° E A4
LI 11.39'. 10.51'
L2
G/ A2
L3 Al A3
CONSTRUCTION AND UMP
ACCESS EASEMENT-- L5
s ?A
CL ACCESS EASEMENT
AA7
9
1-14 JONATHAN F. WILD
N 43°49'48' W LI3 HOLLIS M. H. WILD
22.21' DB 147 PG 1502
CONCRETE
MONUMENT
LIIJ \\ /L7
LIO
N 33°18'00' W
19.80' ---?
JONATHAN F. WILD L2
HOLLIS M. H. WILD
DB 147 PG 1502
6 CONSERVATION
EASEMENT NO.2
S 43°07'11° E
q X19.18'
CONSTRUCTION AND
ACCESS EASEMENT
L16
L25
CONSERVATION
EASEMENT NO.3
L
P PIPE
FRANK BAKER
L22 L18
PIPE
L1?
S 36°27'32" E L21
284.65'
CONCRETE
MONUMENT
L17
/ SR 1003
IDLEW LD RD.
POINT ON WES1
EDGE OF PAVEME
SR 1003
VICINITY MAP
!63
& e3 OBIDS 1164
,003
/165
"L20
SURVEY OF CONSERVATION EASEMENT NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
ACQUIRED BY NORTH CAROLINA DEPARTMENT LOCATION AND SURVEYS UNIT
OF TRANSPORTATION 725 MAIN STREET
NORTH WILKESBORO.NC 28659
FOR NORTH CAROLINA WILDLIFE RESOURCE COMMISSION [phone]
DWNSHIP : OBIDS COUNTY ASHE SURVEY DATE: 01-31-01 SURVEYED BY. R.G.MILLER
TATE : NORTH CAROLINA SCALE : 1. = 200• COMPUTED BY: R. G. MILLER
N NUMBER : CHECKED BY: R.G.MILLER DRAWN BY: C.S.MASTIN
200
WDIDNEX:
a
Table 1. Stream Reach Data, Obids Creek, Wild Site
_
Show,
Watershed: obids creek
New River
Location; Wild Ske
Latitude: -
Longitude: -
Cournxy_ Ashe
ire: 55-5MM
Observers: JM, MM
Ch mvv4 Type. C4
Drai? Area {sq mal: 3.5
i
Dbnons
on
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depth gM
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N/i fMiepth Ratio 17.4 r w
E iihenchment Ratty 5.2
Ritlle Max Depth Ratio 1.9 1.6 22
Roof Area Ratio 12 0.5 1.2
Pool Width Ratio
Pool Max Depth Ratio
Bank Height Ratio 1.6 0.6 1.6
22 1.9 25
1.4 -- ":
Run Area Rain
RtaiVVkIt s Ratio
Run Max Depth Ratio - -
- -
- - -
-
-
GIde Arm Ratio
GtideWidth Ratio
GWe'Mu Depth Ratio - -
- -
- - -
-
-
riffle pool n"
dm#ld slope (%)
discharge rate, 0 (dfS) a e t = _ -
) 5 0

stress @ max depth (tbsM sq)
shear 7
2.246

shearstress MsM sq) ?
0.749
shear velocity (ftlsec) 695
. 0.622 -
shown power #tbslsec) 187.2 1872 1872
unit stream power (I)slfttsec) 6.455 6.455 6.455
rive toughness 4.9 3.9 -
fticbm factor ula' 8.9 8.0 -
threshold grain size @ max depth Own) M 354-
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threstiioM grain 63.7 48.0 -
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Appendix 1
Riparian Seeding and Planting Guidelines for
NCVTRC Mitigation Program
Seeding and Planting Guidelines Draft 10/27/00
Riparian Seeding and Planting Guidelines
For NCWRC Mitigation Program
These guidelines will provide the methods to be used for reestablishing riparian vegetation at
NCWRC mitigation sites. They will include seedbed preparation, nutrient enhancement,
temporary seeding, permanent seeding, and erosion control. Methodology for planting sod mats,
live stakes, and trees will also be presented.
Herbaceous Vegetation
Sod mats
Prior to sloping stream banks within easement areas the sod on these banks will be removed.
Mats should be deep enough to contain a majority of the roots. These mats should be stockpiled
for later use. After banks are sloped the mats should be placed from the bankfull elevation down
to the normal water line or onto the interberm feature. Mats should be laid as close to one
another as possible and pushed into the under laying soil. Openings between mats should be
filled with soil and seeded with temporary seed mix. Mats should be fertilized at a rate of 25 lbs.
per 1000 sq. ft. and watered using a pump or by dipping water out of the creek with a clean
track-hoe bucket
Seed
Seedbed Preparation: On sites where equipment can be operated safely the seedbed shall be
adequately loosened and smoothed. This may require disking and dragging. On sites where
equipment cannot operated safely, the seedbed shall be prepared by hand scarifying to provide
a roughened surface so that seed will stay in place. If seeding is done immediately following
construction, seedbed preparation may be required only on areas where heavy equipment has
caused compaction of the ground.
Fertilizing: Evenly distribute lime and fertilizer over the area to be seeded using a tractor
mounted fertilizer spreader or with a hand held fertilizer spreader. Uniformly mix lime and
fertilizer into the top 3 inches of the soil using a drag or hand rake. Where surface materials
are predominately gravel and/or cobble, no incorporation is required. Apply lime and fertilizer
according to soil test or at the following rates.
Per 1000 sq. ft. Per Acre
Lime 100 lbs. 2 ton
18-46-00 Fertilizer* 12 lbs. 5001bs.
*(half of fertilizer will be applied in fall at planting and other half in spring)
Seeding:
Temporary seeding - Use where needed for erosion control, when permanent vegetation
cannot be established due to planting season and where temporary ground cover is needed to
allow native or woody vegetation to become established. Apply the following vegetation at the
listed rates.
Seeding and Planting Guidelines Draft 10/27/00
Fail, Winter, and Spring Seeding
Per 1000 sq. ft. Per Acre
Japanese Millet 1/21b. 20 lbs.
Winter Wheat 1 lbs. 40 lbs.
Summer Seeding
Per 1000 sq. ft. Per Acre
Sudangrass 1 lb. 40 lbs.
Browntop Millet 1 lb. 40 lbs.
Permanent Seeding - Use in combination with woody plantings on the up-slope side of
the riparian area and down to the bankfull elevation. This mixture can be planted at any time but
will do best in spring or late fall. Spring planted seed should be treated with a cold wet chill
process to maximize germination. Fail plantings should be planted with a lightly sown cool
season annual to hold soil and does not need to be chilled. Seeding should be done evenly over
the area using a mechanical or hand seeder. A drag should be used to cover the seed with no
more than 1/2 inch of soil. Where a drag can not safely be utilized the seed should be covered by
hand raking.
All seasons: WNC Riparian Diversity Mix (as described on the attached sheet)
1/41b. per 1000 sq. ft. and 10 lbs. per Acre
Erosion Control: All seeded areas, areas disturbed by heavy equipment, or other areas disturbed
by mitigation activities should be protected from erosion by installation of erosion control
blankets or matting. The area 6.5 feet above the bankfull elevation should be stabilized using
either a coir fiber mat or coir/straw blanket. A 4 ft. wide jute blanket should be installed up-
slope of the 6.5 ft. strip. All of these materials should be installed and stapled according to the
attached diagram and instruction. Staples should be installed on a 2 ft. spacing.
Woody Vegetation
Live stakes (unrooted material)
Live stake material should be dormant and gathered locally or purchased from a reputable
commercial supplier. Stakes should be 1/2 to 3 inches in diameter and living based on the
presence of young buds and green bark. Stakes should be kept cool and moist to improve
survival and to maintain dormancy. Stakes should be driven into the ground using a rubber
hammer or by creating a hole and slipping the stake into it. The ground around the stake should
be firmed against the stake after planting. Stakes should be placed so that 75% of the stake is
below the ground and 2 or 3 buds are above ground. Stakes should be planted on a 2 - 3 foot
spacing and at a density of 160 - 360 stakes per 1000 sq, ft.
Bare rooted or potted stock
Care and handling: Desirable trees and shrubs on the construction site should be dug and stored.
These plants should be stored in a cool moist environment or heeled in. Roots of bareroot
2
Seeding and Planting Guidelines Draft
10/27/00
stock should be kept moist during planting operations. Bareroot material should only be
planted during Winter and early Spring. Container or potted stock shall be kept moist at all
times. Do not let roots freeze or dry out prior to planting.
Site Preparation: The soil in the area of tree planting should be loosened to a depth of at least 1
foot. This is only necessary on hard compacted soil.
Planting:
On site material - Transplants should be replanted to the same depth they were originally
growing-
Potted stock - Planting should be done mechanically or by hand using a shovel. The planting
trench or hole must be deep enough and wide enough to permit roots to spread out and down
without J-rooting. Potted stock should be planted in a hole 2-3 tunes the diameter of the root
ball and at the same depth as the root ball. When setting plants, be certain to plant them high.
Locate the root ball on solid soil and not loose backfill. Wire baskets do not need to be
completely removed from large field grown trees. Be sure to remove plastic liners or synthetic
burlap materials. Construct an earthen dam 4-6 inches high around the drip zone area of the
plant after planting. This will allow for self watering and runoff will be minimized.
Bare rooted stock - Bare rooted material can be planted using a hoedad or a dibble bar (see
diagram below). Planting slits for bare rooted material should be 6-8 inches in diameter and
should be at least 8-12 inches deep. Damaged roots should be trimmed. Plants should be
placed with the root collar slightly below the soil surface. Holes and slits should be closed
completely, including and especially at the bottom of the hole.

,41
:max- ......':. .
crstr abm
l
±i. hditkti aL?dYc?i \ t?

k

Spacing of rooted Woody Vegetation - the following guidelines should be used for spacing
rooted woody vegetation.
Type spacing per 1000 sq ft.
Shrubs, less than 10 ft. in height 3 - 6 ft. 27-111
Shrubs and Trees, 10 -25 ft. in height 6 - 8 ft. 15 - 27
Trees greater than 25 ft in height 8 -15 ft. 4-15
3
Seeding and Planting Guidelines Draft 10127/00
Plant List
Herbaceous, permanent seed mixture labeled "WNC Riparian Diversity Mix"
% Common Name Botanical Name
5.00% Sensetive Fern Onoclea sensibillis
2.50% Joe Pye Weed Eupatorium fistulosa
2.50% Swamp Milkweed Asclepias incarnata
2.50% Eastern Garnagrass Tripascum dactyloides
5.00% Green Bulrush Scopus atrovirens
5.00% Hop Sedge Carex lupilina
10.00% Rice Cut Grass Leersia oryzoides
2.50% Soft Rush Juncus effisus
2.50% Softstsm Buhush Scopus validus
2.50% Three Square Spikerush Scopus americanus
10.00% Va Wild rye Elymus virginicus
10.00% Woolgrass Scirpus cypemus
2.50% Deertongue Panicum ciandestinum
5.00% Button Bush Cephalanthus occidentalis
5.00% Elderberry Sambucus canadensis
2.50% Red Chokeberry Aronia arbutifolia
5.00% Silky Dogwood Comas ainomuin
2.50% Winterberry Ilex verticillata
2.50% Black Gum Nyssa sylvatica
2.50% Green Ash Fraxinus pennsylvanica
2.50% Red Maple Acer rubrum
2.50% Pin Oak Quercus palustris
2.50% Wild Black Cherry Prunus serotina
2.50% Silver Maple Acer saccharium
This mixture was taken from the list of plants that begins on the following page. It was created
from a database compiled by TVA and distributed on CD format as a product called `Banks &
Buffers' (Tennessee Valley Authority. 1996. Banks & Buffers, A guide to selecting native
plants for streambanks and shorelines; Riparian Plant Selector, Version 1.0; Environmental
Research Center and Clean Water Initiative, Muscle Shoals, AL.). As more information
becomes available we will add to this list in an effort to encompass as many riparian species
native to Western North Carolina as possible.
Shrub and tree species listed on the following pages will be planted at mitigation sites as either
live stakes, potted stock, balled stock or bare root stock. These plantings will take place in the
winter or early spring. Spacing suggestions should be used as guidelines, but can be varied
depending on species requirements and landscape objectives. For example species that are
commonly found growing in clumped distributions should be planted that way. It is desirable for
the final distribution of trees and shrubs to have a more natural, random appearance. In order to
accomplish this exact spacing should be avoided and mixing of various species should be done.
4
Seeding and Planting Guidelines Draft
Plants native to the riparian and wetland areas of Western North Carolina
10/27/00
Type Common Name Scientific Name Flooding Light Wetland pH wildlife
val.
I American Pillwort Pilularia americana Reg sun obli 0-7 buds
i Cinnamon Fern Osmunda cinnamomea Irreg to reg Part to shade Fac.wet 0-7 birds
1 Netted Chain Fern Woodwardia areolata seas to reg all obli less birds
1 Royal Fern Osmunda regalis seas to reg Part to shade obli 0-7 birds, sin
i Sensitive Fern Onoclea sensibilis Irreg to reg all face 0-7 birds
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
American Lotus
American Pondweed
Arrowhead
Broad leaf Cattail
Cardinal Flower
Hollow Joe pye-weed
Narrow-leaf Cattail
Pickerelweed.
Spotted Touch-me-not
Swamp Milkweed
Swamp Rose Mallow
Virginia Biuef lag
Water Plantain
Waterwillow
White Waterl ly
Yellow Cowliiy
Nelumbo lutea
Potamogeton nodosus
Sagittaria latifolia
Typha latifoiia
Lobelia cardinalis
Eupatonadelphus fistulosus
Typha angustifoiia
Pontederia cordata
Impatiens capensis
Asclepias incamata
Hibiscus moscheutos
Iris vironica
Alisma subcordatum
Justicia americans
Nymphaea odorata
Nuphar luteum
reg to perm sun
perm San
seasperm sun to shade
seas perm sun
irreg-seas sun
irreg-seas sun
seas perm sun
seas perm sun part.sh
irreg-seas partsh
irreg-reg sun-partsh
seas-reg sun-partsh
seas perm sun
seas perm sun
regperm sun-part.sh
regperm sun-part.sh
reg-perm sun-partsh
region
all
all
all
all
all
oblig 0-7 birds,SM all
oblig 7 birds,SM all
oblig all B, Sm all
oblig all B, Sm all
fac.wet 0-7 B, Sm all
face 0-7 birds all
oblig all B, Sm all
obiig 0-7 B, Sm all
fac.wet 0-7 B, Sm all
oblig 0-7 B, Sm all
oblig 0-7 B, Sm all
obiig 0-7 birds all
oblig 0-7 B, Sm all
oblig 0-7 B, Sm all
obiig 0-7 B, Sm all
obiig 0-7 B, Sm all
3 Creeping Spikerush Eieocharis paiustris seas-perm sun-part. oblig. 0-7 B,Sm all
3 Green Bulrush Scirpus atrovi seas-reg sun oblig. 0-7 B,Sm all
3 Hop Sedge Carex lupulina seas-reg sun-part. oblig. 0-7 B,Sm all
3 Rice Cutgrass Leersia oryzoides reg perm sun oblig. 0-7 B,Sm all
3 River Cane Arundinaria gigantea irreg-seas sun-part. fac.wet 0-7 B,Sm all
3 River Oats Chasmanthium latifolium irreg-seas part.-shade face 0-7 B,Sm all
3 Slender Sprlcerush Eleocharis acicularis seas-perm sun oblig. 0-7 B,Sm all
3 Soft Rush Juncus effuses seas-perm sun-part fac.wet 0-7 B,Sm all
3 Softstem Bulrush Scirpus validus seas perm sun oblig. 0-7 B,Sm all
3 Square-stem Spikerush Eleocharis quadmugulata seas perm sun oblig. 0-7 B,Sm ' all
3 Three-square Bulrush Scirpus amencanus seas-perm sun oblig. 0-7 B,Sm all
3 Virginia Wildrye Elymus virginicus irreg-seas part.-shade facu 0-7 B,Sm,Lm all
3 Woolgrass Scirpus cyperinus seas-reg sun oblig. 0-7 B,Sm all
Bluet Houstonia serpyilifolia
4 Bushy St. Johnswort Hypericum densiflorum irreg-seas sun-part fac.wet 0-7 birds all
4 Buttonbush Cepbalanthus occidentalis seas perm sun part oblig all B,Sra Lm all
4 Wild Hydrangea Hydrangea arborescens irreg part.-shade fac.upl 0-7 B,Sm all
4 Yellowroot Xanthorhiza simplicissima irreg-seas parr.-shade fac.wet 0-7 birds all
5 American Witch hazel Hamamelis virginiana irreg part fac upl 0-7 B,Sm,Lm all
5 Brookside Alder Alnus serrulata irreg-reg sun fac wet 0-7 birds ail
5 Carolina Buckthorn Rhamnus caroliniana irreg part fac upl all B,Sm all
5 Carolina Willow Salix caroliniana seas-reg sun-part oblig 0-7 B,Sm,Lm all
5 Common Pawpaw Asiminia triloba irreg-seas part.-shade facu 0-7 Sm all
5 Elderberry Sambucus canadensis irreg-seas sun-part. fac wet 0-7 B,Sm Lm all
5 Red Chokeberry Aronia arbutifolia irreg-seas sun-part. fac wet 0-7 B,Sm,Lm all
5 Silky Dogwood Comus amomuin irreg-seas sun-part fac wet all B,Sm all
5 Silky Willow Salix sericea irregreg sun-part. oblig 0-7 B,Sm,Lm all
5
Seeding and Planting Guidelines Draft
10/27/00
5 Spitebush Lindera benzoin irreg-seas part.-shade fac wet 0-7 birds all
5 Winterberry Ilex verticillata irreg-reg part.-shade fac wet 0-7 B,Sm all
5 Sweet Azalea Rhododendron arborescens irreg part fac wet acid B,Lm F,H,Lt
5 Rhododendron Rhododendron catawbiense
6 American Hornbeam Carpinas caroliniana irreg-seas all facu acid B,Sm all
6 Eastern Hornbeam Ostrya virginiana irreg part.-shade fac. Upl 0-7 B,Sm all
7 Baldcypress Taxodium distichum all sun - part oblig 0-7 birds all
7 Black Walnut Juglans nigra irreg sun - part fac upl 0-7 Sm all
7 Black Willow Salix nigra seas perm sun oblig 0-7 B,Sm,Lm all
7 Blackgurn Nyssa sylvatica irreg reg all oblig-fac 0-7 B,Sm,Lm all
7 Boxelder Acer negundo irreg all fac wet 0-7 birds all
7 Eastern Cottonwood Populus deltoides irreg-seas sun face 0-7 birds all
7 Green Ash Fraxinus pennsylvanica. irreg-reg all fac wet 0-7 B,Sm all
7 Honeylocust Gleditsia triacanthos irreg-seas sun face 0-7 B,Sm,Lm all
7 Persimmon Diospyros virginiana hreg-seas sun - part face 0-7 B,Sm,Lm all
7 Red Maple Acer rubrum irregreg all obli-fac 0-7 B,Sm,Lm all
7 Red Mulberry Moms rubra irreg-seas part - shade facu 0-7 B,Sm all
7 River Birch Betula nigra. irreg - seas sun fac wet 0-7 birds all
7 Silver Maple Acer saccharinum irreg all fac wet 0-7 birds all
7 Sweetgum Liquidambar styraciflua irreg - reg sun face 0-7 B,Sm all
7 Sycamore Platanus occidentalis irreg - seas sun - part fac wet 0-7 B,Sm all
7 American Basswood Tilia americans irreg all fac upl 0-7 B,Sm Ho,F,Lt
7 Eastern Hemlock Tsuaa canadensis
Plant Typ e
Fern or fem allies 1
Em, float or weft herb 2
Grass, sedge, or rush 3
Small Shrub 4
Large Shrub 5
Small Tree 6
Large Tree 7
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