Fourth Year Permit Compliance Report for Corridor D WAS-50-4.40 (PID 23565)

Fourth Year Permit Compliance Report For Corridor D WAS-50-4.40 (PID 23565)

Fourth Year Monitoring Davis Creek Relocations

USACE Permit: UN Trib Davis Creek-200400265

Prepared by

1980 West Broad Street Columbus, Ohio 43223

January, 2012

Table of Contents

Introduction……………………………………………………………………………………………………………… 1

Methods………………………………………………………………………………………………………………….. 2

Fourth Year Monitoring Results…………….………………………………………………………………….. 3 QHEI and HHEI……………………………………………………………………………………………….. 3 Water Quality and Hydrology………………………………………………………………………… 3 Native Vegetation………..………………………………………………………………………………… 4 Table 1. QHEI and HHEI scores……………………………………………………………………….. 5 Table 2. Water Quality……………………………………………………………………………………. 5

Permit Compliance Summary and Contingency Plan..……………………………………………….. 6 Davis Creek and its Unnamed Tributary…………………………………………………………. 6 Conservation Easement East Branch Little Hocking River…………………………..….. 6 Conservation Easement Unnamed Tributary Goss Fork…………………………………. 7

Literature Cited…………………………………………………………………………………………………………. 8

Appendix A: Figures Figure 1. Corridor D Interchange Location Map (USGS Topographic) Figure 2. Corridor D Interchange Location Map (Aerial) Figure 3. Conservation Easement Unnamed Tributary Goss Fork (USGS Topographic) Figure 4. As built drawings for stream relocations after construction Figure 5. Stream relocations as surveyed in 2010. Figure 6. Vegetation Map showing Community Types Figure 7. 2011 Aerial Photograph of the Relocated Portions of Davis Creek and the Unnamed Tributary to Davis Creek

Appendix B: Fourth Year Photographs of Davis Creek 2011

Appendix C: QHEI and HHEI data 2011 (Davis Creek and Unnamed Tributary)

Appendix D: Individual Permit Authorization (UN Trib Davis Creek-200400265)

Appendix E: Goss Fork Conservation Easement Documentation

Appendix F: Balance Sheet for Sunday Creek

Introduction

An interchange and new bridge spanning the Ohio River at U.S. Route 50 and State Route 7 in Belpre Township, Washington County, Ohio was constructed in 2007 to provide access to West Virginia’s Appalachian Corridor D highway project (Appendix A, Figures 1 and 2). Interchange construction resulted in approximately 2,330 linear feet of stream impacts, specifically 1,580 feet to Davis Creek (Modified Warmwater Habitat) and 750 feet to its unnamed tributary (Class II Headwater). Stream channel not filled by the interchange construction foot print was relocated within the interchange infield (see photo below).

The United States Army Corps of Engineers (USACE) individual permit authorization (UN Trib Davis Creek-200400265) required compensatory mitigation for stream impacts (Appendix D). On-site stream mitigation was to consist of using natural channel design techniques for relocated segments of Davis Creek (340’) and its unnamed tributary (400’) (Appendix A, Figures 4 and 5). Off-site stream mitigation consisted of placing approximately 900 linear feet of East Branch Little Hocking River (WWH) and 210 linear feet of an “approved” stream location under a conservation easement. In 2006, an unnamed tributary to Goss Fork (Class III) was selected as the “approved” location for the 210 linear feet of conservation easement (Appendix A, Figure 3; Appendix E). In late winter 2010, a landowner previously identified as willing to participate in a conservation easement along 900 feet of the East Branch Little Hocking River indicated she was longer interested. ODOT is currently seeking a contingency plan for the 900 linear feet stream deficit. Corridor D infield showing relocated stream channels Ohio Environmental Protection Agency shortly after construction. (OEPA) permit ODOT ID No. WAS-50-4.40 (PID 23565); Off-Site Stream Mitigation required that ODOT mitigate a minimum of 1110 linear feet stream off-site including 900 linear feet along the East Branch Little Hocking River and 210 linear feet at the Unnamed Tributary to Goss Fork (Appendix D). As indicated above, the 900 linear feet of off-site mitigation along the East Branch Little Hocking River is no longer available. An alternative is being pursued by ODOT.

OEPA permit; Performance Criteria required that relocated Davis Creek and its unnamed tributary within the interchange infield obtain Warmwater Habitat and Class II headwater status respectively, based on QHEI and HHEI assessments within five years after project completion. In addition, the riparian zone vegetation along both streams was to be comprised of 80% native Ohio species.

Note – The USACE erroneously reported impacts to Davis Creek and the unnamed tributary as 2,220’ on the cover letter and Special Conditions of the individual permit dated December 3,

2004. The correct total length of impacts is 2,330’ as reported in ODOT’s Section 401 Water Quality Certification/Section 404 Permit Application and on page 1 of the USACE permit (“You are authorized to place fill material into 1580’ of Davis Creek and 750’ of an unnamed tributary of Davis Creek...”, the sum of which is 2,330’.) In addition, OEPA’s “Modification of Section 401 Water Quality Certification issued July 12, 2004” dated October 28, 2004 was in response to changes in ODOT’s construction plans. Two hundred and ten feet (210) of channel relocation using natural channel design in Davis Creek was abandoned at the interchange culvert outlet in order to avoid arsenic laden sediments. Therefore, relocation of stream channels using natural design was reduced from a total of 950’ to 740’, with 340’ of relocation at Davis Creek and 400’ at its unnamed tributary. As stated previously, the 210 feet of stream impact was offset by the Goss Fork Class III headwater stream conservation easement.

In compliance with permit requirements, an onsite meeting for a third year review was conducted between ODOT, USACE and the OEPA on October 26, 2010. Based on QHEI and other observations at that time, it was determined that relocated Davis Creek (340’) was not likely to meet Warmwater Habitat status by year five and that a contingency plan was needed. Based on the HHEI, the unnamed tributary appeared to be meeting Class II headwater status. Riparian vegetation appeared to be dominated by native Ohio species.

This report is the fourth in a series of yearly monitoring reports that chart the development of the Davis Creek channel relocations. It will be the second comprehensive report that includes the status of conservation easements on private properties as proposed.

Methods

The fourth year monitoring of Davis Creek was conducted by Matt Raymond, Emily Miller and Mike Austin on July 12, 2011. QHEI and HHEI scores were recorded for Davis Creek and the unnamed tributary to Davis Creek. Methods were carried out in accordance with the Field Evaluation Manual for Ohio’s Primary Headwater Streams (OEPA, 2002) and Methods for Assessing Habitat in Flowing Waters: Using the Qualitative Habitat Evaluation Index (QHEI) (OEPA, 2006). Photographs were taken from the center of the QHEI or HHEI sample reach and are shown on the stream drawings with corresponding photograph numbers. Water quality parameters were collected from both streams using calibrated field meters and included dissolved oxygen, oxygen percent saturation, temperature, pH, conductivity and total dissolved solids. Data and photographs documenting riparian vegetation and hydrology were also collected. Vegetation was identified with standard references such as Wieshaupt (1971), Braun (1961, 1967) and Gleason and Cronquist (1999). ODOT survey files and courthouse records were consulted to determine the status of conservation easements on private properties.

Fourth Year Monitoring Results

QHEI and HHEI Based on QHEI data collected July 2011, the relocated segment of Davis Creek scored 47.5, ranging between modified Warmwater Habitat (< 45) and Warmwater Habitat (> 60) status. The score represents a continued and gradual improvement over time from very poor (2008) to fair (2011). An increase in the QHEI score compared to previous years is likely a result of the establishment of riparian vegetation and other recovery processes related to sediment transport and equilibrium (Table 1) (Appendix C). Siltation and bank erosion continue to be a problem and undoubtedly result from the instability of the red clay soils (Upshur-Vandalia association) on Relocated Davis Creek as it appeared during the which the project and the stream channels fourth year (2011) of data collection. were constructed (NRCS, 1977). The relocated reach of Davis Creek is showing improvement and while it will likely not attain a QHEI score greater than 60 by 2012, it may likely approach the pre-construction QHEI score of 53.

HHEI data for the unnamed tributary of Davis Creek resulted in a score of 52 and continues to meet the minimum requirement of a Class II headwater. During July 2011 the unnamed tributary was flowing but largely obscured by a thick stand of willows. Stream banks appeared to be stabilized. Some red clay silts were noted on the stream bottom (Table 1) (Appendix C).

Water Quality and Hydrology Water chemistry parameters examined during year 4 (2011) were within tolerable limits for aquatic organisms and generally unremarkable as in previous years (Table 2). Despite flowing water in both relocated channels and an Relocated unnamed tributary to Davis Creek as it elevated QHEI score in Davis Creek, no fish were appeared during the fourth year (2011). found. Davis Creek has a history of “drying up” during late summer not only within the interchange infield but outside of the project area as well. Drying obviously limits the distribution of fish in this stream. During the October 26, 2010 field review with ODOT, USACE, and OEPA, both streams were completely dry except within the relatively new culverts conveying flow of Davis Creek through the interchange. If fish become established in Davis

Creek, these culverts may provide the only refugia during hot dry years. The aquatic fauna of Davis Creek and its unnamed tributary have always been depauperate. Both streams within the project area were void of fish and aquatic macroinvertebrates during spring 2000 (before construction). During winter 2003 (before construction), a few pools contained sparse numbers of bluntnose minnow ( Pimphales notatus ), creek chub ( Semotilus atromaculatus ), and johnny darter ( Etheostoma nigrum ). Between 2003 and 2010 no fish were observed. However, five mosquito fish ( Gambusia affinis ) were found in Davis Creek on July 22, 2010 at the culvert inlet draining under SR 7/US 50.

Native Vegetation Following construction in 2007, the flood prone areas of both streams were seeded with a native grass mixture comprised of big blue stem ( Andropogon gernadi ), indian grass (Sorghastrum nutans ), switch grass ( Panicum virgatum ), and annual ryegrass ( Lolium multiflorum ). Although the annual ryegrass is not native, it is used to stabilize the soil until native grasses become established. Based on experience, the native grasses may take a year or more to become established. Five hundred willow postings ( Salix sp.) and sycamore ( Plantanus occidentalis ) whips were planted along the stream banks. Based on field review during July 2011, dominant riparian vegetation included the previously planted sycamore whips and willow postings. The willow postings appeared to have spread and are now well established in patches along the stream banks. The planted sycamores are the dominant woody plant with some reaching six A sycamore planted as a whip is now over six feet. feet or more in height. Of the native grass seed mixture, only switch grass remains as a dominant. Big blue stem is still present but not abundant as it had been in previous years. Sycamore planted as a whip is now six feet. Other dominants included common goldenrod (Solidago canadensis ), panic grass ( Panicum dichotomum ), hemp dogbane ( Apocynum cannabinum ), American germander ( Teucrium canadense ) and alsike clover ( Trifolium hybridum ). Over 87% of the dominant plants were native species with the exception of alsike clover which is a low perennial highly effective at stabilizing loose soils. Mixed with the dominants were volunteer plants such as milk weed (Asclepias incarnata ), fox sedge ( Carex vulpinoidea ), and boneset (Eupatorium perfoliatum ). The non-native Queen-Anne’s-Lace (Daucus carota ) occurred sporadically along Davis Creek. Adjacent to the planted flood prone areas, roadway slopes were vegetated with low growing annual ryegrass, hard fescue ( Festuca longifolia ), and creeping red fescue ( Festuca rubra ) along with clumps of clover ( Trifolium sp.). Areas surrounding the preserved abandoned stream channel/oxbow-like wetland were dominated by shrubby trees which included osage orange ( Maclura pomifera ) and honey locust (Gleditsia triacanthos ), and herbaceous plants such as red clover ( Trifolium repens ), curly doc (Rumex crispus ), and cockle burr ( Xanthium strumarium ) (Appendix A, Figure 6 and Appendix B).

Table 1 . QHEI and HHEI scores for relocated channels of Davis Creek and its unnamed tributary within the Corridor D interchange.

Stream Pre- 2008 2009 2010 2011 Construction

Davis Creek 53 29.5 36.5 41 47.5 (QHEI)

Unnamed 55 49 58 53 52 Trib. (HHEI)

Table 2 . Post construction water chemistry and hydrology data for Davis Creek and its unnamed tributary within the Corridor D interchange.

Water Quality Davis Creek Unnamed Tributary Hydrology 2008 2010 2011 2008 2010 2011

0 Water Temp( C) 24.3 23.8 22 24.4 27.2 23.4

Conductivity 338 361 197 588 1,136 447 us/cm

Dissolved 6.45 7.10 8.90 6.50 6.64 8.24 Oxygen mg/l

Oxygen % 81 83 100 Na 81 95 Saturation

pH 8.3 7.2 7.8 8.0 8.2 7.7

Max. Pool Depth 10 55 75 8 40 40 (cm)

Max. Riffle Depth 0 8 10 0 0 0 (cm)

Permit Compliance Summary and Contingency Plan

Davis Creek and its Unnamed Tributary Based on observations and QHEI data collected during Year 4 (2011) it is possible that Davis Creek will not meet the minimum performance criteria of Warmwater Habitat status (QHEI scores greater than 60) by Year 5 (2012) as required by the OEPA Water Quality Certification. However, it should be noted that prior to construction the QHEI score was mistakenly reported as “60” on March 7, 2000. The actual score at that time was at most 55, but more than likely 53 (see WAS-50-4.40 (PID 23565) Corridor D, Davis Creek Relocations after Construction, First Year Monitoring Report 2008, ODOT 2008 ). A score of 53, 55, or even 60 falls between modified Warmwater Habitat (<45) and Warmwater Habitat (>60). Improvements to the Davis Creek relocation are occurring gradually, improving from very poor (29.5) in 2008 to fair in 2011 (47.5). QHEI data collected in Year 4 (2011) indicate that the relocated segment of Davis Creek already meets pre-construction conditions with a score of 47.5, falling between 45 and 60, thereby meeting the true performance criteria that existed prior to construction. More plantings are proposed for 2012 in order to further stabilize the stream banks, however, if the QHEI score shows further improvement in 2012 ODOT will request a release from monitoring as pre-construction performance criteria will have been met within the five year monitoring period. As stated in previous reports, the entire interchange project was constructed on Upshur-Vandalia association (red clay) soils which are noted for rapid runoff and very severe erosion once vegetation is removed (NRCS, 1977). Allowing the infield and associated riparian vegetation to continue on the course of natural succession is likely the best plan for successful recovery. It is likely that the contingency plan discussed in the 2010 permit compliance report is no longer needed.

HHEI data collected during the last four years, show that the unnamed tributary to Davis Creek continues to meet the minimum performance criteria of a Class II headwater stream. Allowing succession of vegetation through time and the establishment of forest within the flood prone areas over the next 20 years or more will improve habitat conditions not only for the unnamed tributary but for Davis Creek as well. A contingency plan for this unnamed tributary is not needed as minimum performance criteria have been met.

Conservation Easement East Branch Little Hocking River A survey and legal description for a conservation easement along the East Branch Little Hocking River was provided in Appendix F of the Third Year Permit Compliance Report for Corridor D WAS-50-4.40 (PID 23565) (2010). Since that time, the landowner previously identified as willing to participate in a conservation easement along 900 feet of this stream indicated she was no longer interested. ODOT proposes mitigating the 900 feet stream deficit at the Sunday Creek Coal Company Consolidated Stream and Wetland Mitigation Area (see Appendix F), and is requesting the Corp’s and Ohio EPA’s approval of this contingency plan.

Conservation Easement Unnamed Tributary Goss Fork A conservation easement was implemented for the Unnamed Tributary of Goss Fork on January 16, 2008. Approximately 7.478 acres of relatively mature forest encompass this > 210 linear feet of Class III headwater stream. Appendix E includes a copy of the “Perpetual Environmental Resource Easement” instrument, surveyor’s description, plat map, photos, and HHEI.

Literature Cited

Braun, E. L. 1961. The Woody Plants of Ohio. Hafner Press, New York. 362 p.

Braun, E. L. 1967. The Monocotyledoneae: Cattails to Orchids. The Ohio State University Press, Columbus. 464 p.

Gleason, H. A., and A. Cronquist. 1991. Manual of vascular aquatic plants of Northeastern United States and adjacent Canada. 2 nd edition. New York Botanical Garden, Bronx, New York. 910 p.

OEPA. 2002. Field Evaluation Manual for Ohio’s Primary Headwater Habitat Streams (v 1.0). Ohio EPA, Division of Surface Water. Columbus, Ohio.

OEPA. 2006. Methods for Assessing Habitat in Flowing Waters: Using the Qualitative Habitat Evaluation Index (QHEI). Ohio EPA Technical Bulletin EAS/2006-06-1. Ohio EPA Division of Surface Water, Columbus, Ohio.

Natural Resource Conservation Service. 1977. Soils Survey of Washington County, Ohio. United States Department of Agriculture, Soil Conservation Service. 206 p.

Weishaupt, C. G. 1971. Vascular Plants of Ohio (3 ed.). Kendall/Hunt Publishing Co., Debuque, IA. 292 p.

Appendix A: Figures

Figure Figure 3.

Figure Figure 4. –

Plan view, profile , profilerifflepool and secions, view, Plan cross of relocatedof construction. channels after

Figure Figure 5 .

–

Plan view, profile, view, Plan andpool riffle cross sections of relocated channels surveyed in 2010.

Appendix B

Fourth Year Photographs of Davis Creek 2011 1 - WAS-50-4.40 (PID 23565) - Corridor D – Upstream from mid-point of 2 - WAS-50-4.40 (PID 23565) - Corridor D – Downstream from mid-point of QHEI (2011). QHEI (2011). 3 - WAS-50-4.40 (PID 23565) - Corridor D – Vegetation is beginning 4 - WAS-50-4.40 (PID 23565) - Corridor D – Willows along the right-descending to encroach on stream banks. bank (left bank in photo) are well established. 5 - WAS-50-4.40 (PID 23565) - Corridor D – Left descending 6 - WAS-50-4.40 (PID 23565) - Corridor D – ODOT biologist standing bank showing the establishment of willows on eroding bank. next to six foot sycamore planted as a whip during spring 2009. 7 - WAS-50-4.40 (PID 23565) - Corridor D – Milk Weed growing 8 - WAS-50-4.40 (PID 23565) - Corridor D – Big blue stem (native prairie next to Davis Creek stream channel (2011). species) growing next to Davis Creek (2011). 10 - WAS-50-4.40 (PID 23565) - Corridor D – Established willows along 9 - WAS-50-4.40 (PID 23565) - Corridor D. the unnamed tributary of Davis Creek. 11 - WAS-50-4.40 (PID 23565) - Corridor D – Unnamed tributary of Davis 12 - WAS-50-4.40 (PID 23565) - Corridor D – Unnamed tributary of Davis Creek downstream of HHEI mid-point. Creek upstream of HHEI mid-point.

Appendix C

QHEI and HHEI data 2011 (Davis Creek and Unnamed Tributary)

Appendix D

Individual Permit Authorization (UN Trib Davis Creek-200400265)

Includes OEPA 401 WQC

Appendix E

Goss Fork Conservation Easement Documentation

Appendix F

Balance Sheet for Sunday Creek

ODOT CONSOLIDATED STREAM MITIGATION SITE ON THE FORMER SUNDAY CREEK COAL COMPANY PROPERTY (OCSMS)

BALANCE SHEET-REMAINING LINEAR FT. STREAM MITIGATION

LATEST REVISION - 01/06/11 (*ORIGINAL BALANCE = 44,610 LF )

Project (CRS) USACE ID NO. / Stream Stream Balance PID OEPA ID NO. Impact (LF) Mitigation (LF) taken to this site (LF)

ATH-144-3.20 Phase 2 200600796 / no 767 1,151 43,459 (PID 79118) OEPA ID because NWP 14

MEG-124-21.16 199900179 / no 34,420 5,105 38,354 (PID 5340) OEPA ID given (401 dated 2/21/01)

ATH/MEG-33-19.25/0.00 19970188 / no 21,463 24,261 14,093 (PID 10884) OEPA ID (401 date 5/15/01)

ATH-124-0.9/2.97 (PID 20051296/073115 4,059 6,089 8,004 79122)

MEG-124-56.02 LRH-2006-2410-O 859 1289 6,715 (PID 79807) HR / OEPA ID 073276

HAS-9-13.72 (PID 78075) USACE ID# 268 42.75 6,672.25 2009-00707-TUS OEPA ID#093569

LAW-93C-0.00 Ironton USACE 597 896 5,776.25 Russell Bridge ID#19901046 Replacement (PID 81595) OEPA ID#113729

Project (CRS) USACE ID NO. / Stream Stream Balance PID OEPA ID NO. Impact (LF) Mitigation (LF) taken to this site (LF)

WAS-50-4.40 (PID 23565) USACE ID# UN 900 900 4,876.25 Trib Davis (outstanding Creek-200400265 balance remaining)