HomeMy WebLinkAbout141-20 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 141-20
File Number: 2020-0366
WATERSHED CONSERVATION RESOURCE CENTER (WCRC):
A RESOLUTION TO APPROVE A STREAM RESTORATION AND EASEMENT AGREEMENT WITH
THE WATERSHED CONSERVATION RESOURCE CENTER FOR THE CONTINUATION OF THE
STREAM RESTORATION PROJECT ON THE WEST FORK OF THE WHITE RIVER ON CITY OF
FAYETTEVILLE PROPERTY
WHEREAS, the Watershed Conservation Resource Center proposes to complete a stream restoration project
affecting certain reaches of the West Fork of the White River located on or adjacent to City of
Fayetteville property using grant funding from the United States Department of Agriculture Natural
Resource Conservation Service; and
WHEREAS, the Natural Resource Conservation Service requires easement agreements with each
landowner to be able to construct and maintain the stream restoration area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign the attached Stream Restoration and Easement Agreement with the Watershed Conservation
Resource Center for the continuation of the stream restoration project affecting certain reaches of the
West Fork of the White River on City of Fayetteville property
PASSED and APPROVED on 5/19/2020
Page 1 Printed on 5119120
Resolution. 141-20
File Number: 2020-0366
Attest:
A,� • C,\T Y pc'';�G •�
AYETTEVILLF • _
Kara Paxton, City Clerk Treasulr
." ; v /O+N11 U1
Page 2 Printed on 5119120
City of Fayetteville, Arkansas 113 West Mountain Street
f- Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2020-0366
Agenda Date: 5/19/2020 Version: 1 Status: Agenda Ready
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 6
WATERSHED CONSERVATION RESOURCE CENTER (WCRC):
A RESOLUTION TO APPROVE A STREAM RESTORATION AND EASEMENT AGREEMENT
WITH THE WATERSHED CONSERVATION RESOURCE CENTER FOR THE CONTINUATION OF
THE STREAM RESTORATION PROJECT ON THE WEST FORK OF THE WHITE RIVER ON CITY
OF FAYETTEVILLE PROPERTY
WHEREAS, the Watershed Conservation Resource Center proposes to complete a stream restoration
project affecting certain reaches of the West Fork of the White River located on or adjacent to City of
Fayetteville property using grant funding from the United States Department of Agriculture Natural Resource
Conservation Service; and
WHEREAS, the Natural Resource Conservation Service requires easement agreements with each landowner
to be able to construct and maintain the stream restoration area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign
the attached Stream Restoration and Easement Agreement with the Watershed Conservation Resource Center
for the continuation of the stream restoration project affecting certain reaches of the West Fork of the White
River on City of Fayetteville property
City of Fayetteville, Arkansas Page 1 Printed on 511912020
City of Fayetteville Staff Review Form
2020-0366
Legistar File ID
5/19/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Chris Brown 4/24/2020 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval to enter into a stream restoration and easement agreement with the Watershed Conservation Resource
Center (WCRC) for the continuation of the West Fork White River stream restoration on property currently owned
by the Fayetteville Municipal Airport
Budget Impact:
Account Number
Project Number
Fund
Project Title
Budgeted Item? Yes Current Budget
Funds Obligated
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? No Budget Adjustment
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Remaining Budget
Previous Ordinance or Resolution #
Approval Date:
V20180321
CITY OF
FAYETTEVILLE
ARKANSAS
TO: Lioneld Jordan, Mayor
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
Chris Brown, City Engineer
FROM: Alan Pugh, Staff Engineer
DATE: April 24, 2020
STAFF MEMO
SUBJECT: Approval to enter into a stream restoration and easement agreement with
the Watershed Conservation Resource Center (WCRC) for the continuation of the West
Fork White River stream restoration on property owned by the Fayetteville Municipal
Airport
RECOMMENDATION:
Staff recommends approval to enter into a stream restoration and easement agreement with the
Watershed Conservation Resource Center (WCRC) for the continuation of the West Fork White
River stream restoration on property owned by the Fayetteville Municipal Airport.
BACKGROUND:
Several years ago the Watershed Conservation Resource Center (WCRC) began working with
local partners to develop a grant program referred to as the Regional Conservation Partnership
Program (RCPP). This grant was proposed to use United States Department of Agriculture
Natural Resource Conseration Service (NRCS) funds referred to as PL-566 to restore sections of
the West Fork White River and implement other water quality and protection measures within the
watershed. The grant application was submitted in July of 2015 and was ultimately successful in
securing approximately $4.3 million in federal funding. This federal funding was matched by $4.5
million in local funding by14 partners supporting the project including the City of Fayetteville. In
October of 2016 the contract for funding was signed and the project offically began. While the
greatest focus on the phase of the project was the middle third of the West Fork White River, one
project is located partially within the City of Fayetteville as described further below.
DISCUSSION:
This particular stream restoration area began in 2005 when the WCRC was awarded a NRCS
grant to address sediment sources within the West Fork White River Watershed. One of the
objectives of that particular grant was to prioritze unstable reaches with accelerated streambank
erosion for restoration. Twenty nine reaches were identified as needing restoration and then
ranked according to severity. This location was identified as the second highest priority as a
part of the project. The initial phase of the project was completed in 2014 using funding from
both the City of Fayetteville, the Arkansas Natural Resources Commission (ANRC) and other
local project partners. However, due to funding limitations the entire reach could not be
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
completed. At this time, the WCRC proposes to complete this portion of the West Fork White
River using the grant received in 2016.
In order to receive this funding, NRCS requires agreements with each landowner to be able to
construct and maintain the stream restoration area.
BUDGET/STAFF IMPACT:
While the project is anticipated to cost approximately $500,000, there is no budget impact for
this request. The City of Fayetteville pledged in -kind matching funds including a portion of those
dollars spent on our USGS Stream Monitoring program and the Municipal Separate Storm
Sewer System (MS4) education program to aid in securing the grant.
Attachments:
Stream Restoration and Easement Agreement
Stream Restoration Work Plan
Prepared by and Return to:
Nathan R. Finch
Wright, Lindsey & Jennings LLP
200 W. Capitol Ave., Suite 2300
Little Rock, Arkansas 72201
(501)371-0808
STREAM RESTORATION AND EASEMENT AGREEMENT
This Stream Restoration and Easement Agreement (this "Agreement") is entered into by the Watershed
Conservation Resource Center ("WCRC"), an Arkansas non-profit corporation, and the CITY OF
FAYETTEVILLE, a municipal corporation, and its heirs, successors and assigns ("City"), with property
affecting certain reaches of the West Fork of the White River and located in Washington County, Arkansas.
WCRC is a non-profit corporation that has received funding from the United States Department of
Agriculture, Natural Resources Conservation Service ("NRCS") under the Regional Conservation
Partnership Program ("RCPP") as supported, in part, by Public Law ("PL") 83-566. The funding is to
conduct the West Fork White River ("WFWR") Watershed Initiative, a component of which is set forth
below. Beaver Water District ("BWD"), a Regional Water Distribution District, is the Local Sponsoring
Organization for purposes of the PL portion of the WFWR Watershed Initiative.
A. PURPOSE
The purpose of this Agreement is to establish requirements and a general framework for cooperation
between the WCRC and the City regarding the construction and maintenance of a stream restoration project
to be implemented by the WCRC as part of its WFWR Watershed Initiative under the PL 83-566 Program.
The stream restoration project, based on natural channel design principles, will be implemented on a portion
of the WFWR and its tributaries that flow through City's property or next to City's property. The intent of
the stream restoration project is to reduce streambank erosion and improve aquatic and terrestrial habitat in
the WFWR. This stream restoration project will not involve any flood control or related activity.
B. AGREEMENT
The WCRC strives to protect, conserve, and restore natural resources by utilizing a watershed approach,
conducting environmental outreach, and providing planning and technical assistance to landowners,
communities, and government. The WCRC and the City agree that each are mutually interested in the
creation and implementation of a stream restoration project that will stabilize the WFWR, its tributaries,
and the surrounding terrain in a manner that is environmentally and ecologically sustainable. The WCRC
and the City more specifically agree that:
1. City Property. City is the owner of certain real property located in Washington County, Arkansas,
as shown generally on Exhibit A and as more particularly described in Exhibit B both of which are
attached hereto and incorporated herein by reference (collectively, the "City Property"). The City
Property contains approximately 180 acres.
1769873-v1
2. Project Area. WCRC will construct certain improvements and perform other work to restore certain
streams, wetlands, and buffer areas on or adjacent to a portion of the WFWR and its tributaries
(hereinafter, the "Project Area"), as shown on Exhibit A attached hereto and incorporated herein
by reference. The Project Area includes all, or portions of, the City Property, as well as other
properties necessary for completion of the Project (defined below).
3. Project. WCRC's work on the City Property shall be contained within the Restoration Easement
(as defined below), and shall be limited to the following activities, hereinafter referred to as the
"Project":
a. collecting data related to the restoration of the WFWR and its tributaries in the Project Area.
including the rate of lateral streambank erosion;
b. designing a site plan for restoration of certain reaches of the WFWR and its tributaries that
flow through or next to the City Property;
c. implementing the design for restoration of certain reaches of the WFWR and its tributaries that
flow through or next to the City Property (hereinafter, the "Restoration Easement"), as
depicted on Exhibit B, attached hereto and incorporated herein by reference; and
d. conducting periodic monitoring and maintenance on the Restoration Easement as needed for
twenty (20) years as provided for by the Natural Resources Conservation Service Conservation
Practice Standards for Streambank and Shoreline Protection in Code 580 (the "NRCS
Standards").
4. Access and Restoration Easements. City, for and in consideration of the sum of One and No/100
Dollars ($1.00), and other good and valuable consideration paid by WCRC, the receipt and
sufficiency of which is hereby acknowledged, does hereby, subject to prior recorded mortgages and
easements, if any, grant, bargain, sell and convey unto WCRC, and unto its successors and assigns,
the following described easements:
a. for ingress and egress upon and across that section of the City Property necessary to access the
Restoration Easement, at all reasonable hours of the day or night, without further specific notice
to the City or the City's agents, and with right to remove obstructions interfering with such
access, hereinafter the "Access Easement," as depicted on Exhibit B;
b. for all purposes related to the design and construction of the Project on the City Restoration
Site including, but not limited to, the ongoing restrictions on City's use of the Restoration
Easement in Section 6 of this Agreement with respect to WCRC's monitoring, maintenance,
and data collection; and for providing education and outreach to the scientific community;
c. the Access Easement and Restoration Easement (collectively, the "Easements") shall run with
the land beginning on the Commencement Date and continuing for a term of twenty (20) years
from the completion of the construction which is anticipated to be no later than12/31/22; and
d. WCRC forever disclaims any interest by prescription or adverse possession as to any land
owned or claimed by the City
5. Permits. City will cooperate with WCRC in its efforts to obtain any permits or approvals required
for implementation of the Project. City will execute such documents and authorizations as may be
necessary for WCRC to obtain said permits or approvals.
1769873-v 1
6. Maintenance. City acknowledges that it is essential to the success of the Project that WCRC
conduct periodic monitoring and maintenance of the Restoration Easement for twenty (20) years
as provided for in the NRCS Standards. City will neither disturb the Restoration Easement, nor
knowingly allow any other person to disturb the Restoration Easement, in any way that might
interfere with the Project and its efforts to reduce streambank erosion and improve aquatic and
terrestrial habitat in the WFWR, including but it in no way limited to: (1) removing or damaging
vegetation; (2) removing rocks or disturbing structures; (3) removing gravel; (4) removing or
modifying the stream, wetland, or buffer landscape; (5) permitting livestock or motorized vehicles
of any kind to access the Restoration Easement; (6) dumping material of any kind; or (7) building
structures of any kind. In the event a violation of these terms, conditions, or restrictions is found
to exist, WCRC may, after thirty (30) days' notice to City, institute a suit to enjoin such violation
by temporary or permanent injunction, as shall be approved by a court of competent jurisdiction,
and to require restoration of the Restoration Easement to its restored condition or for damages.
7. Repairs to City Property. Upon completion of the Project on the City Property, WCRC will restore
those portions of the City Property described in the Access Easement to a mutually acceptable
condition, subject to both parties acting in a reasonable manner. This restoration will include, but
not be limited to:
a. repairing or replacing any damaged or removed fences with materials of like quality; and
b. repairing or replacing any trees damaged or removed that were not a part of the Restoration
Easement, provided that any replacement trees shall be at least I -inch caliper trees of the same
or similar species.
8. Project Explanation. City acknowledges and agrees that the Project has been fully explained to
City by WCRC and that City understands and accepts the parameters of the Project and the
foregoing conditions.
9. Indemnification. Reasonable precautions will be exercised by the WCRC to avoid damage to
persons and property. This is, however, a stream restoration project that utilizes a natural channel
design approach and conditions that are beyond the control of WCRC may affect the stability of
the stream, wetland, or buffer area restoration. The WCRC will indemnify and hold harmless the
City from any and all claims, causes of action, judgments, or costs that may arise with respect to
the City Property as a direct result of WCRC's actions in completing this Project, but not for those
caused by the negligence or intentional conduct of City or City's agents, assigns, employees, or
invitees. WCRC will hold harmless the City for all accidents, injuries, or other mishaps that may
befall WCRC's representatives while on the City Property, unless such injuries are deliberately
inflicted or directly caused by the City or by the City's agents, assigns, employees, or invitees.
10. Insurance. WCRC agrees that at its own cost and expense it will maintain commercial general
liability insurance with limits not less than $1,000,000 for injury to or death of one or more persons
in any one occurrence and $1,000,000 for damage or destruction to property in any one occurrence.
WCRC agrees that it will include City as an additional insured on such policies.
9. Heirs, Personal Representatives, Successors, and Assigns. This Agreement shall be binding upon
and inure to the benefit of WCRC and City and to their respective heirs, personal representatives,
successors, and assigns.
1769873-v1
10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws
of the State of Arkansas.
11. Freedom of Information Act (FOIA). Records furnished to the WCRC under this Agreement are
subject to the federal Freedom of Information Act, 5 U.S.C. § 552 and the Arkansas Freedom of
Information Act, Ark. Code Ann. § 25-19-101, et seq.
12. Modification. Modifications to this Agreement shall be made in writing by mutual consent of City
and WCRC.
13. Commencement and Implementation Dates. This Agreement is executed as of the date of the last
signature (the "Commencement Date") and remains in full force and effect for twenty (20) years
beginning on the date the streambank restoration work is completed in accordance with the NRCS
Standards (the "Implementation Date").
14. Principle Contacts. The principal contacts for this Agreement are:
If to WCRC:
Sandi J. Formica, Executive Director
Watershed Conservation Resource Center
380 West Rock Street
Fayetteville, Arkansas 72701
Phone: (501) 352-5252
Fax: (928) 396-2546
E-mail: formica@watershedconservation.org
If to City:
Summer Fallen, Airport Services Manager
City of Fayetteville
4500 South School Ave., Suite F
Fayetteville, AR 72701
Phone: (479) 718-7644
E-mail: sfallen@fayetteville-ar.gov
15. No Waiver. A waiver by either party of any breach of this Agreement by the other party shall not
be construed as a waiver of any such subsequent breach by such party of the same or any other
provisions of this Agreement.
16. Partial Invalidity. If any portion of this Agreement shall be held invalid or void, the remainder of
this Agreement shall not be affected but such portion shall be deemed modified to the extent
necessary to render such provision enforceable under the law, and this Agreement shall remain
valid and enforceable as so modified. In the event that the provision may not be modified in such
a way as to make it enforceable, the Agreement shall be construed as if the portion so invalidated
was not part of this Agreement.
17. Headings. The headings used in this Agreement are for reference purposes only and shall not be
deemed a substantive part of this Agreement.
1769873-v 1
18. Good Faith. The parties agree that in regards to all of their respective dealings under this
Agreement, they shall act fairly and in good faith.
19. Further Assurances. WCRC and City shall cooperate and take such actions and execute and deliver
such documents as may be reasonably necessary to carry out the provisions and purposes of this
Agreement.
20. Entire Agreement. This Agreement contains all the terms, conditions, and provisions pertaining to
the Project, there not being other understandings, agreements, warranties, express or implied,
relative to the Project that are not fully expressed herein.
[Signature Pages Follow]
1769873-v1
IN WITNESS WHEREOF, the parties have duly executed this Agreement:
CITY OF FAY
Municipal Co
By:
Lioneld .
Date:
ATTEST:
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� DER K
By:
Kara Paxton, City Clerk -Treasurer Z rn.
YE7rEV I <<E
[SEAL] ' �•
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STATE OF ARKANSAS
COUNTY OF WASHINGTON
a
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting
Notary Public within and for said County and State, personally appeared Lioneld Jordan and Kara
Paxton, to me well known as the persons who executed the foregoing document, and who stated and
acknowledged that they are the Mayor and City Clerk -Treasurer, respectively, of the City of
Fayetteville, Arkansas, a Municipal Corporation, and are duly authorized in their respective
capacities to execute the foregoing instrument for and in the name and behalf of said City of Fayetteville,
Arkansas, and further stated and acknowledged that they had so signed, executed and delivered said
instrument for the consideration, uses and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this"ffi day of
20 2D.
Notary Public
My Commission Expires: o� D j,0r�^��i.,
o NpTAa), Z?
1769873-v1 Signature Page to Stream Restoration and Easement Agreement
WATERSHED CONSERVATION
RESOURCE CENTER,
an Arkansas non-profit corporation
By: J otlf�_
Sandi J. Fo ica, Executive Director
Date: -M Qr. I ") '� Z O O
STATE OFARKANSAS
COUNTY OF WASHINGTON
On this A40day of r1 t 20.W, before me, L.or, I L h n a Notary
Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person
the within named Sandi J. Formica (being the person or persons authorized by said entity, to execute such
instrument, stating their respective capacities in that behalf), to me personally well known (or
satisfactorily proven to be such person), who stated that they were the Executive Director of the
Watershed Conservation Resource Center, an Arkansas non-profit corporation, and were duly authorized
in their respective capacities to execute the foregoing instrument for and in the name and behalf of said
entity, and further stated and acknowledged that they had so signed, executed and delivered said
foregoing instrument for the consideration, uses and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this ?4 day of
rl ( 20A.
Notary Public
My Commission Expires:
4-l5-aoa9
L I LINN
Notary Public -Arkansas
Washington County
My Commisslon Expires 04-16-2029
COmmli71,ni 12707396
1 i69873•vl Signature Page to Stream Restoration and Easement Agreement
This Page Intentionally Left Blank
1769873-v1 Signature Page to Stream Restoration and Easement Agreement
Exhibit A - City of Fayetteville Project Area
PL-566 Program
West Fork White River Watershed Initiative
♦Iti�■■R11
EXHIBIT A
LUKENS, JAMES RICHARD; 1 a
BACHMANN, JANET RUTH ;.
- 001.06831-000
................................. ....................................
Fjow • �`
direction +rent of Project
♦ •., tag•.
---- 0
0
♦♦
1 CITY OF
FAYETTEVILLE
765-13307-200
Proposed Bankfull Channel
*,\West Fork White River
Landholder Property
.. Adjacent Property
500 250 0 500 Feet
1769873-vi Exhibit A to Stream Restoration and Easement Agreement
S. Shaeffer -Rd
LUKENS, JAMES RICHARD,
♦ BACHMANN, JANET RUTH
001-06801-000 2
. O
............................
CITY OF
FAYETTEVILLE
765-13307-950
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Schedule A-1
South Parcel
A parcel of real property located in Washington County, Arkansas, more particularly described as follows:
The South Half of the Southeast Quarter, the Northeast Quarter of the Southwest Quarter, and one acre more or less in the northeast corner of the
Southeast Quarter of the Southwest Quarter bounded by a line beginning at the northeast corner of said forty acre tract and running thence west
fifteen (15) rods, thence south eleven (11) rods, thence east fifteen (15) rods, thence north eleven (11) rods to the place of beginning; all being in
Section Four (4), Township Fifteen (15) North, Range Thirty (30) West of the 51 P.M. and containing in all One Hundred Twenty -One
(121) acres, more or less.
North Parcel
A parcel of real property located in Washington County, Arkansas, more particularly described as follows:
The West half of the Northeast Quarter, except Seven (7) acres, more or less, lying East of the center line of the West Fork of the White River,
containing Seventy -Three (73) acres, more or less; also part of the East half of the Northwest quarter described as being the South Twenty -Five
(25) feet of the East Five Hundred Thirty (530) feet of the Northeast Quarter of the Northwest Quarter and the East Eight Hundred Ninety -One
(89 1 ) feet of said Southeast quarter of the Northwest quarter, less and except a triangular parcel in the Northwest corner thereof, which is more
particularly described as follows: Beginning at the Northwest corner of the East Eight Hundred Ninety -One (891) feet of said Southeast quarter of
the Northwest Quarter, and running, thence East Fifty and Nine Tenths (50.9) feet thence Southwesterly to a point which is Fifty -Two (52) feet
south of the point of beginning, thence North to the point of beginning, containing Twenty -Seven (27) acres, more or less, all in Section Nine (9),
Township Fifteen (15) North, of Range Thirty (30) West, containing One Hundred (100) acres, more or less.
Subject to easements, rights -of -way, and protective covenants of record, if any.
1769873-v1 Exhibit B to Stream Restoration and Easement Agreement
EXHIBIT B
Exhibit B - City of Fayetteville Landholder Property
PL-566 Program
West Fork White River Watershed Initiative
♦ ........ .......................................
�� ♦ 69
Fjow �+ g, Shaeffer Rd
Direction
�eht of Proleot
N`, I
T
O
CITY OF:
FAYETTEVILLE
765-13307-200
VACANT LAND WITH PT OF
RUNWAY S SHAEFFER RD PT ;V@r
S12 SE 79.77AC PT SE SW 1.0 OAC ! A / j
CITY OF
FAYETTEVILLE
765-13307-950 ♦♦♦
VACANT LAND NEAR AIRPORT
NW NE PT SW NE PT SENWB
PT NE NW
(PART OF GREENLAND AIRPORT)
-
Proposed Bankfull Channel
�8...1West Fork White River
6;;Iu
Access Easement
tPM
Restoration Easement
Landholder Property
•
Adjacent Property
500 250 0 500 Feet
1769873-v I Exhibit R to Stream Restoration and Easement Agreement
Schedule B-1
The Restoration Easement described herein is conveyed to the Watershed Conservation Resource Center, its successors and assigns,
and covers a portion of the tract described in the Warranty Deed recorded in Book 534, Page 266 in the real property records of
Washington County, Arkansas, which is depicted on Exhibit A attached hereto, with the Restoration Easement beginning at the point
where the western right of way of Washington County Road 69 (S. Schaeffer Rd.) intersects the southern boundary of said tract and
running north approximately Five Hundred (500) feet along Washington County Road 69, then east approximately Two Hundred (200)
feet, then south approximately Seven Hundred Fifty (750) feet to the southern boundary of said tract, then east to the point of
beginning, as more particularly delineated on this Exhibit B, containing Five (5) acres, more or less.
The Access Easement described herein is conveyed to the Watershed Conservation Resource Center, its successors and assigns, and
covers a portion of that tract described in the Warranty Deed recorded in Book 355, Page 359 in the real property records of
Washington County, Arkansas, which is depicted on Exhibit A attached hereto, beginning at the southwest corner of said tract a Thirty
(30) foot wide easement for ingress and egress over Frisco Street to its terminus then in a northeasterly direction along an existing dirt
road to the northeast corner of said tract, then continuing over a portion of that tract described in the Warranty Deed recorded in Book
534, Page 266 in the real property records of Washington County, Arkansas, which is depicted on Exhibit A attached hereto, beginning
at the approximate midpoint of the southern boundary of said tract the Thirty (30) foot wide easement for ingress and egress continues
east along said southern boundary for approximately Three Hundred Seventy -Five (375) feet to an area that is approximately Three
Hundred Seventy -Five (375) feet by Three Hundred Seventy -Five (375) feet commencing Three Hundred Seventy -Five (375) feet along
said southern boundary, then north Three Hundred Seventy -Five (375) feet, then west Three Hundred Seventy -Five (375) feet, then
south to an area approximately Three Hundred Seventy -Five (375) feet by Three Hundred Seventy -Five (375) feet along said southern
boundary and adjacent to the western boundary of the Restoration Easement described herein, as more particularly delineated on this
Exhibit B.
1769873-v1 Exhibit A to Stream Restoration and Easement Agreement
Restoration of West Fork White River at
Fayetteville Executive Airport — Downstream
Extension
404 Permit Application Supporting Documents
Washington County, Arkansas
Contents
Project Narrative Sheet 1
Project and Location Maps Sheet 4
Construction Documents Sheet 5 - 14
Prepared by:
Watershed Conservation Resource Center
380 W. Rock St.
Fayetteville, AR 72701
#0
`401"
Narrative Statement for a Stream Enhancement Project
"Restoration of West Fork White River at Fayetteville
Executive Airport — Downstream Extension"
For Clean Water Act Section 404 Permit and
401 Water Quality Certification
West Fork White River, Tributary to the White River, Beaver Reservoir HUC
Fayetteville, Arkansas
Washington County
The USDA Natural Resources Conservation Service (MRCS), Watershed Conservation Resource
Center (WCRC), Beaver Water District, City of Fayetteville, and private landowners are proposing to
implement a stream restoration project on the West Fork of the White River; a State of Arkansas 303d
listed waterbody. The project is located to the east of the Fayetteville Executive Airport in
Fayetteville, Arkansas. The approach for restoration will be to utilize natural channel design
techniques for developing a natural, self-sustaining river reach. The project is being funded by a
Regional Conservation Partnership Program (RCPP) PL-566 grant. There are fourteen partners,
including the WCRC, NRCS, and Beaver Water District, that are providing matching funding and
services to the RCPP project. The proposed work includes a 1,400-ft downstream extension of work
proposed under a previously authorized Section 404 permit (SWL 2011-0470), which was unfinished
due to insufficient funding. The purpose of the project is to enhance aquatic and terrestrial habitat,
reduce sedimentation associated with stream channel instability, reduce nutrient inputs into Northwest
Arkansas source water supplies, and to protect land loss of Fayetteville Executive Airport and private
landowners' property. The project will result in improved water quality, aquatic habitat, riparian area
and aesthetics locally and within downstream portions of the watershed.
In 2005, the WCRC was awarded a NRCS grant for addressing sediment sources within the WFWR
watershed. One of the objectives of the grant was to prioritize unstable reaches with accelerated
streambank erosion for restoration based upon the environmental and water quality benefits that would
be achieved at a watershed scale. Eight criteria were used including sediment load contribution from
lateral stream bank erosion to prioritize sections for restoration. Twenty nine reaches were identified
as needing restoration ranging from 1,200 feet to 5,000 feet in length. The proposed site was ranked
the second highest priority for restoration within the watershed. Using funding from the City of
Fayetteville, the Arkansas Natural Resources Commission, and other project partners, the WCRC
implemented restoration on portion of the WFWR identified in the NRCS study. The work was
completed under authorization from the U.S. Army Corps of Engineers under permit number SWL
2014-0470. Due to funding limitations, all of the work was not completed. Completion of the
unfinished portion of the work is what is being proposed in this application.
In 2016, the NRCS awarded the WCRC with an RCPP grant to perform river restoration within certain
sub -watersheds of the WFWR. Multiple partners are contributing funding towards the project
including NRCS, Beaver Water District, and Beaver Watershed Alliance. As part of the NRCS grant,
the WCRC is proposed to complete the work that was unfinished during the initial phase of
construction that was completed in 2014. There are several eroding streambanks within the proposed
Restoration of WFWR at Fayetteville Executive Airport —
Downstream Extension
Agent: Watershed Conservation Resource Center
Sheet I of 14
April 3, 2019
work area that are eroding in a sever manner. The rate of erosion for one of the streambanks is over
40 feet during a one year interval, as observed using aerial photography. The erosion that is taking
place has generated over 20,000 tons of sediment and resulted in the loss of riparian canopy over the
past 5 years. Without intervention, the site will continue to aggressively erode for years to come. The
ongoing riverbank erosion will continue to impact water quality, aquatic habitat, and infrastructure
until proactive action is taken.
Streambank erosion was the most
obvious impact of the channel
instability throughout the project reach
that was addressed during the initial
phase of work (Figure 1). Intensive
streambank erosion monitoring before
and after implementation of the work
has been conducted along the reach.
Based on erosion measurements taken
before and after restoration,
approximately 20,500 tons of
sediment, 9,000 lb of Total
Phosphorus, and 26,500 lb of Total
Nitrogen have been prevented from
entering into the WFWR in the five
years since the initial restoration was
completed. Despite the significant
reduction in riverbank erosion rates
that was achieved in the work area that
was completed in 2014, there are
streambanks in the unfinished
downstream section that have eroded
up to 40 feet per year since the
conclusion of the first project. The two
majorly eroding downstream banks
have lost nearly 20,000 tons of
sediment since the completion of the
previous restoration.
r
Figure 1. Restoration of the WFWR under permit SWL 2011-0470
resulted in greatly reduced sediment loading to the WFWR. Pre -
restoration Eroding Streambank (top) and Restored Streambank (bottom)
A thorough geomorphologic assessment of the site was conducted in order to evaluate the existing
conditions and to develop the restoration design. The Rosgen stream type classification is C4/1 with
an average riffle bankfull width of 120 ft. and widths ranging from 92 to 180 ft. The drainage area
Restoration of WFWR at Fayetteville Executive Airport —
Downstream Extension
Agent: Watershed Conservation Resource Center
Sheet 2 of 14
April 3, 2019
contributing to the site is 84 mi2. The proposed project length is 1,400' linear feet. Within the project
length, several methods will be utilized to establish a stable river channel. Methods include using a
natural channel design approach in realigning a portion of the river channel to reduce near bank shear
stress associated with the existing channel pattern. Toe wood structures will be installed along areas
of the restored channel that will be susceptible to lateral erosion. These structures will provide
resistance to erosion that will allow the riparian canopy to become better established. The the wood
will also provide additional aquatic habitat enhancement at the boundary of the water/edge of bank
interface. Cross -vanes and J-hook vanes will be utilized in portions of the project area in order to
provide grade control and reduce near bank sheer stress as well as enhance the aquatic habitat. All
visibly exposed boulders placed in the channel will be sandstone in order to be aesthetically compatible
with the native landscape.
Following completion of the in -channel portion of the restoration effort, a complete site revegetation
plan will be implemented. All disturbed areas will be treated with surface erosion control methods
including environmentally sensitive erosion control fabric, hydro -seeding, and hand seeding with
native grass species. Sod mats collected on -site will be used to create immediate vegetation along
disturbed areas immediately adjacent to the river channel. Following application of surface erosion
control measures, all disturbed and newly created riparian areas will be planted with native tree,
shrubs, grasses, and wildflowers. Trees will range in size from bare root seedlings to 5 gallon potted
specimens. A wide variety of native tree and herbaceous species will be planted to increase the
diversity of the riparian plant community. Irrigation will be ongoing during the first two summers
after implementation to improve the survival rate of vegetation planted during the restoration effort.
Construction will take place during historically observed low -flow periods of the year. Heavy
equipment including hydraulic excavators, front-end loaders, bulldozers, and rock trucks will be used
to implement the restoration plan.
The fundamental restoration design has not changed since the application of the original permit. The
drawings below are from the design submitted with the permit application associated with SWL 2011-
004770. Areas where construction was previously completed are marked where appropriate with a
"Previously Completed" watermark or other notations.
As part of the previous application, a cultural resources investigation was performed on the site, which
includes the areas of construction proposed in this application. The results of the investigation
indicated that the project will have no impact on cultural resources. A copy of the abstract of findings
from the site investigation is attached (Attachment 1).
A list of endangered species that may be located near the project reach can be found in Attachment 2.
No critical habitats for these species have been found within the project area. The project will have
no adverse effects on the listed species or their habitat.
Restoration of WFWR at Fayetteville Executive Airport —
Downstream Extension
Agent: Watershed Conservation Resource Center
Sheet 3 of 14
April 3, 2019
VICINITY MAP
Project Location Maps
MISSOUR,
71
AR &mA5
ERS
'enrtorr
r
BEAVER LAKE .�
$PRIN6DAl�F, '
4
412
1
1
FAYETTEVILLE
Cam, `.
1 i
�
:lYaBo_ x
iWAsHwcraw
ROJECT LOCATION
u i
1
GREENLAND
11
0 2.5 5
I I I I I t t
10 Miles '
LJ
FAYETTEVILLE AIRPORT
=,. I 7117,1111111111
r i
GREENLAID
0 1,000 2,000 4 000 Feet
IPROPOsEO EXTENT
WC 164
COMPLETED EXTENT
Restoration of WFWR at Fayetteville Executive Airport —
Downstream Extension
Agent: Watershed Conservation Resource Center
Sheet 4 of 14
April 3. 2019
WFWR at Fayetteville Executive Airport
Project Plan Overview
l� P
` � 1
A`
1
I. 1�
rri
eD
� f
CND
4
c m
9 x
N N STAT�oNING OCCWS FROM L. TREAM TO OONNSTREAM
l J G : BCIAOERS SMONN IN PLAN vIf. ARE NOT TO :GALE
_ r SEE SHEET IC •OR REFERENCE MARK I(. v Z COCPDINA TF':
A �
a
O
Plan View 0+00 to 22+009 v
�. _ �._ 100 50 C 100 Fcwt
/ 1-
Strwime IEgornBtlon
STRUCTURE
STA. INV.
INV. HEY
STA. TIE-IN TIE IN EIEV
Length
Slope
Rock=.1
1.90
1,226 2'
2.90
1,2 J 1,5'
100'
SY
J.MoW 91
6.60
1.2266'
S•90
1,251.1'
120'
SA
J NeoK e2
7.90
1,224 5'
9100
1,230.7'
120'
5!'.
JNooR ES
10.5016•EO
1.229.0'
120'
6Y:
JNOOKN
16, 90
1.1111'
I6. 00
1,126. 1
11O'
541
ME
RevlolN t of WFW-P
EAyel4vuve .acuOve Aepun
-
144,
jPlan View 16+00' to 34+00' - -- ,00 50 0 f00E-I
Struttv0 I'dormation
-STRUCTURE-STA.
INV._
INV. E2H/
STA. TEI_N_Y7161N
SE
J-Nook06
16.00
11222.1'
17.00
_nit
J.WR 05
22#30
1,J/9.7'�-
26.00 - 1,22 c.t'
26.60 ' 1,226, 7'
120,
1
1NR01106
1 Rook 67
26.90
- 27.90
1.219.{'
1.219.11
l M061106
1"."O9
11.60
1 12. TO
1,2/7.2'
1,216.9'
12. 60 1,221.5'
11.90 1,221.6'
120'
120'
g
rn
+44
• ,._.•�.
A X
♦'♦
NOTES Ij`
.- .•.
-'-
r , _
_ ___ %
ReslRrRt Rf WFINR RI
7e0evRM EawuIrvR ARpe11
^
STATIONING XCLOM FROM I0STRECM TO OGNMSTRe- '�
��'•
R' °Y^R r
1 I C
Cm
,�
BDEA; SMGWW IN R6N VIEW ARE NOT GIAiG SCALE
3 SEE S. EET iO FOR REFERENCE MARK X. Y- Z iOORONNATE. I'
_ +' _ '•IL•��
I
I
O
(0 CD
"t
'D
yO
ei
> T3
CD
Plan View 26+00' to 46+001
1100 50 0 11;0 Feel
-- --- j0j
J
-2-4-i-0-1
INV. a" STA, TIE-IN
1.2104 26-00
TIE- IN aEV
1.226.1
Length
120
Slope
STRUCTLIFIE-4-TAm-mv
J."Rek 07
27.56
1.
20640
1 22S 71
1 22CIl'
120
120'
120'
-6%
0%
slll
'1
J-H.ft Re
31.
J.HRRR 91 a
17.80
39.20
1,222 6-
120,
6%
T
-v-
j
1+R5
40
-,ATfONIN& OCCLAS FROM *STRE1. T
80 ERS soo— 'N P.. vif nRe r E W-h gtMVE
-
'EE SREET 10 FOR QkPER-1 -R,
C
0
1240
--.-- 6ankfu11E4aation
—^ Cfunnel ThaMp
_.. Water Surface
1235
1230
1220
1215
40
Longitudinal Profile 0+00 to 25+00
i i
i 4
i i
-10, -
.........
Relocate ties Line
...... ..._. _.__
ApproxmuMty 72'
._••.............
e.low Existing Grad.
1
,
Pea O+rt.i4.i
nne
sa Ticn
a rai rr.aa . �./.
•.
ran 7ueMkw `I
Existing Channel Cro.edection Shaping and proSle Grading
0 100 200 300 400 Soo Soo 700 600 900 1000 1100 1200 1300 1400 1500 1600
Distance (R)
f
r4
No Channel Excavation and Sflapinp
P300 2000 2100 2200 2300 2400 2500
�"� M1balpn el Yrf W R at
fePallr.NM Earcueve ArrpWl
yb. Washn ton MVE
_ vE S'23�2017
1230
1228
1220
c
0
ip 11215
d
W
1210
1208
1200
GV�n[u.W
Longitudinal Profile 23+00 to 48+00
I I I I I I I I I I
' � � � - Bau Fluil flevallUf.
Chaunal Tr.I..g
----------- $ I l y l I g l I i I Walx Sutlxa
g
x
------------
1 a J. .!,-------- J..... L
f ~;
wrT t� ,
c.t.,.n
\ Relocat. Gas Line
Approximately 12'
Below Existing Grade
1
New Channel Excavation
and shaping 1
I
sa 9an o •a T ,cu I
>m. u.ewwa
iH 4.[+ J ♦fI t.I�c4
ibn mK�a�----
✓ End of Project Acdviry
I
i
Lesw Channel at Existing Grade
t
2300 2400 2800 2600 2700 2800 2900 3000 3100 3200 3300 3400 3800 3600 3700 3800 3900 4000 4100 4200 4300 "DO 4800 4600 4700 4800
Distance (tt)
^-� tl«nr.rw. a 91rwa n
c.y.dww. Ea.evnv. a:rpat
TYPICAL RIFFLE CROSS SECTION
STATION 11+00
Scab, NTS
a
c -`'AA
G.6rE. l ;�•
TOE WOaB f 8CaA.0ER 1 £OD
Typical Riffle Construction Details
Scale N
00 MAf -•Y "A
W1D RATIO FLOOD CHANHE. r
.. BArmcFl;u EtsvATl{ei ,rr
CUT AREA" ~�
\�`E%131e14 C--ft +UF+F ACE
TYPICAL RIFFLE CROSS SECTION
STATION 30+20
Scale NTS
WID RATiO Ft." C-Ili. = :6 • �� rJ�..�w�
NVCDi _ f B—F— ELEVAT�M, r
W • • rn w �.
r
F
• ... Wu,°103
ti Cut AREA .... A A.
DD
O A
.w+ 5\`-°�f rPROFOLE6 CHAMJE4 :MFACE \\
..CST AREA
O• • •• :• ""� i 1 a = .. .. « e ,. .. 5. _ S . �-EJ44TMVG C1 AW& StMACE
7
RESHAPE GRAVEL 10 CREATE RIFFLE410
NOTE All n1fles moll be donsbuged to have the dnflenslons shown in the typical dTavnngs
N N
eea.eewH
R @ dWb witl vafy depending on kfcakw wshn nlhe. Sea n — details br
plan thalWep and banklutl elavatlalc.
�
- w
rD
�
a
0
z
Re ext Rf liMP" at
F.Tef ,41. E..caew A.pa1
MVE I D1542X2011
Typical Pool Construction Details
TYPICAL POOL CROSS SECTION
STATION 14+50
Salr. NTS
r \ i.....�. -
u k.: {o Fi.JO➢ CM.NNEI a ZQ � - - - - . - - - - - ...
T y
-\ BANAxw,a EiEv.noN, , If
1
M MAT� X=- -.2 "-_ � . � -77cswarE GRar¢ It Dlrwsldf '
CUT AREA"f uUlitaCQ
TYPICAL POOL CROSS SECTION
STATION 32+70
Scale NTS
� ,A1
r� \ l
1
\
BANK/V4 Eye •.TwN� - �
CUT APIA
WrD R.1,o f.00u CNANNEI. 22 `M1 ' _�',� 'r..•.a-a.a.x. �..• �.
r
t - may,.
C_ t AREA
r �I
1
- � REIN 11 G1,11, % DINtl
NEW CMANNe, 5W ACE
Em'.0 SWV.cE
.�0 NOTE. Pooh will be eoitstructed to have the dimensions Shown in the typical drawing3.
Excavate maximum poW depth to 10' 6" or until baGr;xK to encountered.
Pont oepth vnll vary depending on proxtmty to Mw Ureceon control structures See plan View oot&K for thahvag and bankfull elevati—
ej
O
to �Do o X
N W G NW 'aO P p
^6 (DC
F4 G
N 0
CD .�.
< 'T7
CD
CD
7 C:
C <
m -
O CD
l9 CD
r) C
CD �.
: <
N fD
a
0
Plan View
J-Hook Vane
20 70 ANGLE
FILTER FABRIC
NO GAPS IN VANE ARM i
BACKFILLED RIVER
GRAVEL
CUT-OFF SILL
Rock Vane Cnnstrud 'Ruck Vane of • srwwn
on shoat 2 in the same manner as J Nook Vane
with the esuDhun 1ha1 no hook or slab are
opnatrmled vnth the Rock Vane
Profile View
BANK MATERIAL BOULDERS
SCALE: NTS
Plan View
*t__/1-13APS'I, TO �, ROCK DIAMETER
CONSTRUCT WITH OR W..,O STEP
AS INDICATED ON PLANVIEW
BOULDERS
SILL
SCOUR HOLE
BANKFULL
BIL.NKFUL ELEVATIDN......... v...... ...
.*—Flow
BID.
PLUNGE
NOTES Mlnmum rode we is 3' mean tllaareter or 2 tons STEP ROCKS
�+ In cases where WMroek is encounlared, the rock used will be broad and flat with File
same m greater mmrnum weight to mnumze the protrusion heights and to lower the
center of gravay of time rock
WOODY
DEBRIS
Toe Wood - Sod Mat - Bankfull Benc
WILLOW BUNDLE SOD MAT SOO MAT
BOULDER LAYER 8 LAYERA
FOOTER LOG
Profile View
SOD MAT WILLOWBUNDLE
LAYERA SOD MAT
I
'LAYER B
BOULDER SUBMERGED
NOTES FOOTER LOG WOODY DEBRIS
To avord'Root Rep' appearance er is s root wads should —npoae no more
then 10% of the ellpo5ed fe<e of Fhe hue wood structure
No loos shall be placed In the Ior, wood structure trot F. p..IW to me flour deecnon
Large Book3ws shall be incorporated mto the wood and gravel to reduce bouancy ' RwHv,tgn of YlFwll
of the We Wood FryeneveN F.aaeetlw•
The toe wood voids should be liked with gravel and saral as the structure 1s Gulp in kits ser9 Wasnn ton
Reference Mark Information
SCAIE:NT3
Reference
Point
Northing
610,270.37'
Easting
671,416.34'
Bevation
1,236-49'
RM2
610.193.58-
671.618.17-
1,229.66'
RM3
610,168.90'
671,676.85'
1,235.88-
RM4
610.153.26-
671,991.47'
1,245.08'
RM5
RM6
610,258.70'
610,469.79'
671,777 38'
671.643.45'
1,242.16'
1,236.74'
RM7
RMB
610.391.30'
610,666.83'
671,SO4.33'
671.661.40'
1,241.35
1,236.09'
RM9
610,609.64'
671,S62.20'
! 1,239.69'
RM10
610.620.38'
671.864.19'
1,238.60'
_ RM11
610,861.74
671,896.56'
1,235.32-
RM12
RM13
611,031.89'
611,011.61'
671,598.37'
671,971.90'
1,234.41'
1.234.62-
RM14
611,246.24'
671,956.42'
1,232.71'
RM16
611,200.33'
671,614.20'
11,233.64'
RM16
611,524.43-
671.804.05'
1,233.73'
RM17
RM18_
611,694.27'
611,648.41'
671,962.67'
1,233.74'
672,207.60'
1,232.96'
RM19
RM20
RM21
611,607.52'
611,272.17'
672,317.00' 1,233.06'
672,161.24- 1,233.57'
672,466.33- 1,232.72'
611.396.27'
RM22
611,207.75'
672.626.28'
1,232.32-
RM23
611,148.26'
672,519.84'
1,232.32'
RM24_
811,052.86'
672,338.04'
1,229.16'
RM25
610,970.32'
672,416.08'
1,232.98'
RM26
RM27
610,981.31'
611,131.06'
672.423.27'
672 561.61'
1,233.16'
1,230.71'
RM28
610,876.57'
672,620.00'
1,236.91'
RM29
610.901.23'
672,640.24'
1,238.90'
RM30
610,963.21'
672,662.49'
RM31
611,129.43'
672,690.46'
11,235.61'
1,228.82'
R_M32
611,167.42'
672,773.52'
1,227.44'
RM33
610,994.68'
672,816.16'
11,237.98'
• Projection,. State Plane, Arkarmas Norttt 1983, Feet
•' All reference marks consist of 1/2" rebar with Bow suw ors cap
Reference
Northing
Fasting
Bevation
Point I.D.
RM34
611,139.65'
672,951.85'
1,232,20-
RM36
611.227.27'
672.834.07'
1.232.47'
RM36
&11,306.21-
672,982.01-
1,242.30'
RM37
611,368.49-
672,971.16-
1,246.41'
RM38
611,336.89'
672,774.24'
1.231.45'
RM39
611.469.01'
672.968.70'
1.245.57'
RM40
611,460.25'
672,932.43'
1,231.65-
RM41
611,433.48'
672,821.61'
1,231.72'
RM43
611.735.55'
672,902.20'
1,235.66'
RM44
611.754.98'
672,906.96
1.234.95'
RM46
611.727.74'
672.767.84'
1.229.78'
RM46
611,S71.38'
672.667.35-
1,230.26'
RM47
611,707.63'
672,502.26'
1,231.48'
RM48
611,904.90'
672,886.54'
1,230.60'
RM49
612,088.99'
672.887-22'
1.230-10'
RM50
612,098.92'
672.800.43'
1,229.39'
RMS1
612.272.58'
672.819.27'
1,229.65'
RM62
612,443.71'
672,501.82'
1,229.94'
RMS3
612.624.80'
672,387.90'
1,230.26'
RM54
612,572.65'
672,654.31'
1,227.58'
RM66
612,687.76'
672,573.98'
1,229.00-
RM66
612.760.32'
672.639.03'
1.226.45'
RMS7
612.544.43'
672.769.09'
1,221.97'
RM58
612.615.99'
672,808.41'
1,228.87'
RM59
612.442.64'
672.918.40'
1,228.16-
RM60
612,306.03'
673.209.74'
1,238.67'
RM61
612,615.42'
672.990.60'
1.227.18'
RM62
612,689.73'
673,162.09'
1,231.67'
FILMS
612,863.82'
673.118.42'
1.234.68-
RM64
613,410.73'
673.117.70'
1,227.18'
RM65
613.416.93'
672.988.69'
1.226.97'
RM86
613,582.30-
673.011.40'
1,224,95-
RM87
613.661.86'
673.161.63'
1,226.29'
Projection! State
Man, Arkansas North 1983, Feet
All reference —,ks consist of 112",.bar
With yet bw...-yors cap
R.W.— of WFWR.,
F".twvdl. IN --- A.p-
1D 1 W-hn tun MVE
a
MVE 06'23i2011
A CULTURAL RESOURCES SURVEY OF THE PROPOSED
RESTORATION OF THE WEST FORK WHITE RIVER AT THE
FAYETTEVILLE EXECUTIVE AIRPORT NEAR GREENLAND,
WASHINGTON COUNTY, ARKANSAS
July 2013
Prepared by:
Flat Earth Archeology, LLC
13 Valley Road
Cabot, AR 72023
(501)-593-0609
chrisb@flateartharcheology.com
Chris M. Branam, RPA — Principal Investigator
For:
Watershed Conservation Resource Center
380 W. Rock St.
Fayetteville, AR 72701
F.E.A. PROJECT REPORT 2013-66
ABSTRACT
Flat Earth Archeology, LLC conducted a Phase I cultural resources survey for the
proposed West Fork White River restoration project near the Fayetteville Executive
Airport, at Greenland in Washington County, Arkansas. The project area encompasses
approximately 11 acres that includes a new channel, sod mat harvest areas, waste storage
areas, access areas. The project area is located roughly 1.75 miles west of Interstate 540
at Greenland and is immediately southeast of Drake Field and the Fayetteville Executive
Airport. A total of 170 screened shovel tests were excavated in the project area. No further
archeological work is recommended in the project area.
One archeological site was identified during the Phase I survey. Site 3WA1530 is
a prehistoric lithic scatter of flakes and debitage. No diagnostic artifacts or features were
observed at the site. No further archeological work is recommended for Site 3WA1530 in
relation to this project.
Previously recorded Site 3 WA 1529 was revisited during the current survey because
the recorded location is inside the current project area. No evidence of this small lithic
surface scatter was observed during the revisit. No further archeological 'work is
recommended for Site 3WA1529 in relation to the current project.
There were no historic structures recorded in the immediate vicinity of the project
area according to the Arkansas Historic Preservation Program records and none were
observed close to the project's proposed APE during the Phase I survey.
fll
United States Department of the Interior
'""`"'
FISH AND WILDLIFE SERVICE
Arkansas Ecological Services Field Office
c+ a ,a..
110 South Amity Suite 300
Conway, AR 72032-8975
Phone: (501) 513-4470 Fax: (501) 513-4480
http://www.fws.gov/arkansas-es
In Reply Refer To:
Consultation Code: 04ER1000-2019-SLI-0729
April 03, 2019
Event Code: 04ER1000-2019-E-01371
Project Name: Restoration of the West Fork White River at Fayetteville Executive Airport -
Downstream Extension
Subject: List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies endangered, threatened, proposed, and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This letter only
provides an official species list and technical assistance; if you determine that listed species
and/or designated critical habitat may be affected in anv wav by the Drouosed aroiect. even
if the effect is wholly beneficial, consultation with the Service will be necessary.
If you determine that this protect will have no effect on listed species and their habitat in
any way, then you have completed Section 7 consultation with the Service and may use this
letter in your project file or application.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq. ), federal agencies are required to
utilize their authorities to cant' out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found on our website.
Please visit our website at http://www.fws.gov/arkansas-es/lPaC/home.html for species -
specific guidance to avoid and minimize adverse effects to federally endangered.
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threatened, proposed, and candidate species. Our web site also contains additional information
on species life history and habitat requirements that may be useful in project planning.
If your project involves in -stream construction activities, oil and natural gas infrastructure,
road construction, transmission lines, or communication towers, please review our project
specific guidance at http://www.fws.gov/arkansas-es/lPaC/ProiSpec.html.
The karst region of Arkansas is a unique region that covers the northern third of Arkansas and
we have specific guidance to conserve sensitive cave -obligate and bat species. Please visit
http://www.fws.gov/arkansas-es/lPaC/Karst.html to determine if your project occurs in the
karst region and to view karst specific -guidance. Proper implementation and maintenance of
best management practices specified in these guidance documents is necessary to avoid adverse
effects to federally protected species and often avoids the more lengthy formal consultation
process.
If your species list includes any mussels. Northern Long-eared Bat, Indiana Bat,
Yellowcheek Darter, Red -cockaded Woodpecker. or American Burying►, Beetle, your project
may require a presence/absence and/or habitat survey prior to commencingproject
activities. Please check the appropriate species -specific guidance on our website to determine if
your project requires a survey. We strongly recommend that you contact the appropriate staff
species lead biologist (see office directory or species page) prior to conducting presence/absence
surveys to ensure the appropriate level of effort and methodology.
Under the ESA, it is the responsibility of the Federal action agency or its designated
representative to determine if a proposed action "may affect" endangered, threatened, or
proposed species, or designated critical habitat, and if so, to consult with the Service
further. Similarly, it is the responsibility of the Federal action agency or project proponent, not
the Service, to make "no effect" determinations. If you determine that your proposed action will
have "no effect" on threatened or endangered species or their respective critical habitat, you do
not need to seek concurrence with the Service. Nevertheless, it is a violation of Federal law to
harm or harass any federally -listed threatened or endangered fish or wildlife species without the
appropriate permit.
Through the consultation process, we will analyze information contained in a biological
assessment that you provide. If your proposed action is associated with Federal funding or
permitting, consultation will occur with the Federal agency under section 7(a)(2) of the ESA.
Otherwise, an incidental take permit pursuant to section 10(a)(1)(B) of the ESA (also known as a
habitat conservation plan) is necessary to harm or harass federally listed threatened or
endangered fish or wildlife species. In either case, there is no mechanism for authorizing
incidental take "after -the -fact." For more information regarding formal consultation and HCPs,
please see the Service's Consultation Handbook and Habitat Conservation Plans at www.fws.gov/
endangered/esa-library/index.html#consultations.
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
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federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number
in the header of this letter with any request for consultation or correspondence about your
project that you submit to our office.
Attachment(s):
• Official Species List
04/03/2019 Event Code 04ER1000-2019-E-01371
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Arkansas Ecological Services Field Office
110 South Amity Suite 300
Conway, AR 72032-8975
(501) 513-4470
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Project Summary
Consultation Code: 04ER1000-2019-SLI-0729
Event Code: 04ER1000-2019-E-01371
Project Name: Restoration of the West Fork White River at Fayetteville Executive
Airport - Downstream Extension
Project Type: LAND - RESTORATION / ENHANCEMENT
Project Description: Stream Restoration on the West Fork White River near the Fayetteville
Executive Airport
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.izoogle. com/maps/place/36.000819601362416N94.16035760552458 W
a�
Counties: Washington, AR
04/03/2019
Event Code: 04ER1 000-2019-E-01 371
Endangered Species Act Species
There is a total of 8 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME STATUS
Gray Bat Myotis grisescens Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/6329
Indiana Bat Myotis sodalis Endangered
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: htt2s://ecos.fws.p-ov/ecp/species/5949
Northern Long-eared Bat Myotis septentrionalis Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.2ov/ecp/species/9045
Ozark Big -eared Bat Corynorhinus (=Plecotus) townsendii ingens Endangered
There is proposed critical habitat for this species. The location of the critical habitat is not
available.
Species profile: https://ecos.fws. og v/ecp/species/7245
04/03/2019 Event Code: 04ER1000-2019-E-01371 4
Birds
NAME STATUS
Piping Plover Charadrius melodus Threatened
Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except
those areas where listed as endangered.
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws. o@ v/ecp/species/6039
Fishes
NAME STATUS
Ozark Cavefish Amblyopsis rosae Threatened
No critical habitat has been designated for this species.
Species profile: htips:Hecos.fws. og v/ecp/species/6490
Clams
NAME STATUS
Rabbitsfoot Quadrula cylindrica cylindrica Threatened
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.p-ov/ecp/species/5165
Flowering Plants
NAME STATUS
Missouri Bladderpod Physaria filiformis Threatened
No critical habitat has been designated for this species.
Species profile: https://ecos.fws. og v/ecp/species/5361
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.