20021259 Ver 1_More Info Received_20020903

Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
September 3, 2002
To:
MBRT members - Rodo Grebk,- ig to $ank,-Yadkin Count
Sponsor: American Wetlands
From: Mike Ortosky - S&EC, PA (Consultants to American Wetlands)
The accompanying information is the text revisions to theme p?l?eek 1Vligation Bank per
comments by the MBRT. Please insert the enclosed replacement information in your 3-
ring, loose-leaf binder copy of the MBI of as follows:
A. Replace all of Section 1 (yellow tab) with the new information (pages 1-12)
entitled,
"AGREEMENT TO ESTABLISH THE DEEP CREEK MITIGATION BANK IN
YADKIN COUNTY, NORTH CAROLINA"
B. Replace the narrative portion (pages 1-17) of Section 2 (orange tab) with the new
information (pages 1-19) entitled,
"DEEP CREEK WETLAND MITIGATION BANK - MITIGATION PLAN"
(plans and maps remain as in original document)
C. Replace the cover pages for Section 7 - APPENDIX F (blue) and Section 8 -
APPENDIX G (blue-green) with the new cover pages.
Thank you for your comments and attention to this matter.
Charlotte Office: Greensboro Office: Hickory Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive 710 Boston Road
Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: [phone] Phone: [phone] Phone [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
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AGREEMENT TO ESTABLISH THE DEEP CREEK MITIGATION BANK
IN YADKIN COUNTY, NORTH CAROLINA
This Mitigation Banking Instrument (MBI) is made and entered into on the .
day of , 2002, by American Wetlands and Natural Resource Exchange
Corporation, hereinafter Sponsor, and the U. S. Army Corps of Engineers (fps)', and.:-:;
each of the following agencies, upon its execution of this MBI, the Environmental
Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS), the North Carolina
Wildlife Resources Commission (NCWRC), and the North Carolina Division of Water
Quality (NCDWQ). The Corps, together with the State and Federal agencies that execute
this MBI, are hereinafter collectively referred to as the Mitigation Bank Review Team
(MBRT).
WHEREAS the purpose of this agreement is to establish a mitigation bank (Bank)
providing compensatory mitigation for unavoidable wetland and stream impacts separately
authorized by Section 404 Clean Water Act permits in appropriate circumstances; and
WHEREAS the Sponsor is the record owner of a perpetual easement for the
purposes of creating wetlands habitat on a tract containing 70.745 acres located in Yadkin
County, North Carolina, described in the Deep Creek Wetlands Mitigation Plan
(Mitigation Plan), and as shown on the attached survey (Property).
WHEREAS the agencies comprising the Mitigation Bank Review Team (MBRT)
agree that the Bank site is a suitable mitigation bank site, and that implementation of the
Mitigation Plan is likely to result in net gains in wetland and stream functions at the Bank
site, and have therefore approved the Mitigation Plan;
THEREFORE, it is mutually agreed among the parties to this agreement that the
following provisions are adopted and will be implemented upon signature of this MBI.
General Provisions
1. The goal of the Bank is to restore, enhance, and create Bottomland
Hardwood Wetland Forest (1996 NC DEHNR Field Guide) specifically, within the
broader classification of Palustrine Forested Wetlands (Cowardin) and restore 5,540 linear
feet of stream channel and replace their functions and values to compensate in appropriate
circumstances for unavoidable wetland and stream impacts, authorized by Section 404 of
the Clean Water Act permits in circumstances deemed appropriate by the Corps after
consultation, through the permit review process, with members of the MBRT.
2. The Corps will ensure that use of credits from the Bank to offset wetland
and stream impacts authorized by Clean Water Act permits will be in compliance with the
Clean Water Act and implementing regulations, including but not limited to the 404(b)(1)
Guidelines, the National Environmental Policy Act, and all other applicable Federal and
State legislation, rules and regulations. This agreement has been drafted following the
guidelines set forth in the proposed "Federal Guidance for the Establishment, Use and the
Operation of Mitigation Banks," 60 Fed. Reg. 58605, November 28, 1995 (Guidance).
3. The MBRT shall be chaired by the representative of the U.S. Army Corps of
Engineers, Wilmington District. The MBRT shall review monitoring and accounting
reports as described below. In addition, the MBRT will review proposals for remedial
actions proposed by the Sponsor, or any of the agencies represented on the MBRT. The
MBRT's role and responsibilities are more fully set forth in Sections II. C. 3 and 6 of the
Guidance. The MBRT will work to reach consensus on its actions.
4. The Corps, after consultation with the appropriate Federal and State review
agencies through the permit review process, shall make final decisions concerning the
amount and type of compensatory mitigation to be required for unavoidable, permitted
wetland and stream impacts, and whether or not the use of credits from the Bank is
appropriate to offset those impacts. In the case of permit applications and compensatory
mitigation required solely under the Section 401 Water Quality Certification rules of
North Carolina, the N.C. Division of Water Quality (NCDWQ) will determine the amount
of credits that can be withdrawn from the Bank.
5. The parties to this agreement understand that, where practicable, on-site,
in-kind compensatory mitigation is preferred, unless use of the Bank is determined by the
Corps to be environmentally preferable.
Mitigation Plan
6. The Deep Creek Wetlands Mitigation Bank site consists of 70.745 acres.
The land has recently been in cultivation, formerly producing corn on an annual basis.
Hydric soils on the site exist in one contiguous unit of 30.4 acres on the south portion of
the site. Approximately, 12.1 additional acres of wetland creation is proposed, resulting in
about 42.5 total acres of wetlands. There is approximately 4,526 linear feet of existing
channelized and dredged stream channel that have been functionally reduced to linear
drainage ditches. A more detailed description of the baseline conditions on the site is
contained in the Mitigation Plan.
7. The Sponsor will perform work described on pages 5-12 of the Mitigation
Plan, including planting, hydrologic and soil modifications. The purpose of the work, and
the objective of the Bank, is to restore 30.4 acres of former wetlands to Headwater Forest
Wetlands, create 12.1 acres of Headwater Forest Wetlands, and restore 5,540 linear feet of
stream channel on the 70.745-acre site.
8. The Sponsors shall monitor the Bank Site as described on pages 16-17 of
the Mitigation Plan, until such time as the MBRT determines that the success criteria
described on pages 12-13 of the Mitigation Plan have been met.
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9. The Sponsor is responsible for assuring the success of the restoration and
creation activities at the Bank Site, and for the overall operation and management of the
Bank until such time as the success criteria described on pages 12-13 of the Mitigation Plan
have been met and the site has been transferred to a third party.
10. The Sponsor shall provide to each member of the MBRT the reports
described on pages 16-17 of the Mitigation Plan.
11. The Corps shall review said reports, and may, at any time in its discretion,
after consultation with the Sponsor and the MBRT, direct the Sponsor to take remedial
action at the Bank site. All remedial action required by the Corps shall be designed to
achieve the success criteria specified in paragraph 8 above. For all remedial actions
required under this paragraph, the Corps and the Sponsor shall agree on a work schedule,
and such remedial actions shall be monitored as described on pages 16-17 of the Mitigation
Plan.
12. The Sponsor shall implement the remedial actions required by the Corps
pursuant to Paragraph 11 above; provided that nothing herein shall affect any rights that
the Sponsor may have to seek reconsideration or review by the Corps and/or the MBRT of
the required remedial action.
13. In the event the Sponsor determines that remedial action may be necessary
to achieve the required success criteria, it shall provide notice of such proposed remedial
action to all members of the MBRT. No remedial actions shall be taken without the
concurrence of the Corps, in consultation with the MBRT.
14. The members of the MBRT will be allowed reasonable access to the
Property for the purposes of inspection of the Property and compliance monitoring of the
Mitigation Plan.
Use of Mitigation Credits
15. The Geographical Service Area (GSA) is the designated area wherein a bank
can reasonably be expected to provide appropriate compensation for impacts to wetland or
other aquatic resources. The GSA for this Bank shall include the Yadkin River Basin,
Hydrologic Unit 03040101 in North Carolina. Use of a Bank Site to compensate for
impacts beyond the geographic service area may be considered by the Corps or the
permitting agency on a case-by-case basis.
16. The Mitigation Plan is intended to result in the following forms, amounts
and types, in acres, of compensatory mitigation:
Restoration 30.4 acres
Creation 12.1 acres
Stream Restoration 5,540 linear feet
Total (wetlands) 42.5 acres
All acres of restoration, creation, and enhancement will be Palustrine Forested Wetlands
(Cowardin).
17. Successful implementation of the Mitigation Plan will result in the
establishment of the following number of mitigation credits categorized by form and type:
Restoration (1:1) 30.4 acres 30.4 credits
Creation (3:1) 12.1 acres 4.03 credits
Total Wetland Credits 42.5 acres 34.5 credits
Stream Restoration Credits 5,540 linear feet
18. It is anticipated by the parties to this agreement that use of wetland
mitigation credits shall be "in-kind;" that is, that Palustrine Forested Wetland (Cowardin)
credits will be used to offset Palustrine Forested Wetland impacts.
19. It is anticipated by the parties that in most cases in which the Corps, after
consultation with the MBRT, has determined that mitigation credits from the Bank may be
used to offset wetland impacts authorized by Section 404 permits, for every one acre of
impacts, two credits will be debited from the Bank. One of those credits must be a
restoration credit; the remaining credit will be made up of any combination of restoration
or creation, as selected by the Sponsor and approved by the Corps during its permit
process. Deviations from this compensation ratio may be authorized by the Corps on a
case-by-case basis where justified by considerations of functions of the wetlands impacted,
the severity of the wetland impacts, whether the compensatory mitigation is in-kind, and
the physical proximity of the wetland impacts to the Bank site, except that in all cases, a
minimum of a one-to-one ratio of impact acres to restoration mitigation credits (acres)
must be met. Five thousand five hundred and forty (5,540) linear feet of stream credits
will be available for use as mitigation for stream impacts as authorized by the Corps on a
case-by-case basis.
20. All decisions concerning the appropriateness of using credits from the Bank
to offset impacts to waters and wetlands, as well as all decisions concerning the amount
and type of such credits to be used to offset wetland and water impacts authorized by
Department of the Army permits, shall be made by the Corps of Engineers, pursuant to
Section 404 of the Clean Water Act and implementing regulations and guidance, after
notice of any proposed use of the Bank to the members of the MBRT, and consultation
with the members of the MBRT concerning such use. Notice to and consultation with the
members of the MBRT shall be through the permit review process.
21. Fifteen percent (15%) of the Bank's total credits shall be available for sale
immediately upon completion of all of the following:
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a. Execution of this MBI by the Sponsor, the Corps, and other agencies
eligible for membership in the MBRT who choose to execute this
agreement;
b. Approval of the final Mitigation Plan
C. Delivery of the financial assurance described in paragraph 25 of
this MBI;
d. Recordation of the preservation mechanism described in paragraph 24 of
this MBI, as well as a title opinion covering the property acceptable to the
Corps;
Additionally, the Sponsor must complete the initial physical and biological
improvements to the bank Site pursuant to the Mitigation Plan no later than the first full
growing season following initial debiting of the Bank.
22. Subject to the Sponsor's continued satisfactory completion of all required
success criteria and monitoring, additional mitigation credits will be available for sale by
the Sponsor on the following schedule:
10% after first year, if interim success measures are met (25% of total)
10% after second year, if interim success measures are met (35% of total)
10% after third year, if interim success measures are met (45% of total)
15% after fourth year, if interim success measures are met (60% of total)
15% after fifth year, if interim success measures are met (75% of total)
and
25% after fifth year once overall success criteria has been met (100% of total)
The above schedule applies only to the extent that the Sponsor documents survival
and growth of planted vegetation and attainment of wetland/stream hydrology as described
under the success criteria in the monitoring section of the Mitigation Plan. The final 25%
of credits will be available for sale only upon a determination by the MBRT of functional
success as defined in the Mitigation Plan.
23. The Sponsor shall develop accounting procedures reasonably acceptable to
the MBRT for maintaining accurate records of debits made from the Bank. Such
procedures shall include the generation of a report by the Sponsor showing credits used at
the time they are debited from the Bank, which the Sponsor shall provide within 30 days of
the debit to each member of the MBRT. In addition, the Sponsor shall prepare an annual
report, on each anniversary of the date of execution of this agreement, showing all credits
used, and the balance of credits remaining, to each member of the MBRT, until such time
as all of the credits have been utilized, or this agreement is otherwise terminated. All
reports shall identify credits debited and remaining by type of credit (e.g., restoration,
creation), and shall include for each reported debit the Corps Action ID number for the
permit for which the credits were utilized.
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Property Disposition
24. (a) The Sponsor currently holds a perpetual easement on the property.
A copy of the Easement is attached. On March 12, 2002, the Board of Directors of the
Piedmont Land Conservancy approved acceptance of a permanent easement on the
property. A copy of the letter dated March 15, 2002 accepting easement is attached. The
Sponsor shall grant a perpetual conservation easement, in the form attached hereto in
Appendix G, to the Piedmont Land Conservancy. In the event that negations between the
Sponsor and Piedmont Land Conservancy result in changes to the easement form attached
as Appendix G, such changes must be approved by the MBRT. The Sponsor shall also
deliver a title opinion reasonably acceptable the Corps covering the mitigation property.
The property shall be free and clear of any encumbrances that would conflict with its use as
a mitigation site, including but not limited to, any liens that have priority over the recorded
preservation mechanism.
(b) NCDOT agrees to subordinate its existing First Lien Deed of Trust
on the mitigation property, by executing and recording the form of Subordination attached
hereto as Appendix H, at such time as Sponsor grants and records the perpetual
conservation easement referred to in Paragraph 24(a).
(c) After the success criteria described in Paragraph 8 have been met
and accepted by the MBRT, the sponsor may, in its discretion, transfer the Sponsor's
underlying ownership interest in the property to the Piedmont Land Conservancy or
others.
Financial Assurances
25. The Sponsor shall provide financial assurances as described in Appendix F
(First Lien Deed of Trust, Promissory Note, Performance Bonds and Payment Bonds
attached).
26. In the event that the Sponsor defaults on its obligations to perform
construction activities called for in the Mitigation Plan, or to perform the monitoring and
maintenance of stream and riparian restoration, NCDOT agrees to exercise its rights under
the applicable performance and payment bonds to ensure, to the maximum extent possible
consistent with the terms of the Mitigation Agreement entered into between NCDOT and
the Sponsor on April 16, 2001 ("NCDOT Agreement") and the applicable performance
and payment bonds, that the activities covered by the applicable bond are completed.
Consistent with the NCDOT Agreement, NCDOT will require that the Sponsor maintain
the applicable performance and payment bonds in an amount sufficient to cover the
remaining construction and/or stream monitoring and maintenance activities, as the case
may be, subject to periodic adjustment as provided in the NCDOT Agreement.
27. The parties acknowledge that NCDOT is under contract with the Sponsor
to pay the Sponsor monies totaling $75,000.00 for Sponsor's performance of monitoring,
maintenance, remediation, and reporting for the wetlands restoration and creation called
for in the Mitigation Plan. According to the NCDOT Agreement, a portion of the
aforementioned funds will be paid to the Sponsor after the Sponsor successfully completes
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the wetlands monitoring, maintenance, remediation and reporting for the previous year. In
the event that the Sponsor defaults on its obligations to perform wetlands monitoring,
maintenance, remediation and reporting activities called for in the Mitigation Plan,
NCDOT agrees to ensure that the wetlands monitoring, maintenance, remediation and
reporting activities called for by the Mitigation Plan are completed.
Long-term Management
28. The Sponsor shall implement the long-term management measures
described in the Mitigation Plan, following construction (grading, stabilization seeding, and
planting).
Miscellaneous
29. Any agency participant may terminate its participation in the MBRT with
notice in writing to all other parties to this agreement. Termination shall be effective seven
(7) days from placing said notices in the United States mail. Member withdrawal shall not
affect any prior or future sale of credits and all remaining parties shall continue to
implement and enforce the terms of this MBI. Except for termination as described above,
this agreement may be modified only with the written agreement of all remaining parties to
this agreement at the time of the modification.
30. Any delay or failure of Bank Sponsor shall not constitute a default
hereunder if and to the extent that such delay or failure is primarily caused by any act,
event or conditions beyond the Sponsor's reasonable control and significantly adversely
affects its ability to perform its obligations hereunder including, without limitation: (i) acts
of God, lightning, earthquake, fire, landslide, drought, hurricane, storm, flood, or
interference by third parties; (ii) condemnation or other taking by any governmental body;
(iii) change in applicable law, regulation, rule, ordinance or permit condition, or the
interpretation or enforcement thereof; (iv) any order, judgment, action, inaction or
determination of any federal, state or local court, administrative agency or government
body; or (v) the suspension or interruption of any permit, license, consent, authorization or
approval. If the performance of the Bank Sponsor is affected by any such event, Bank
Sponsor shall give written notice thereof to the MBRT as soon as is reasonably practicable.
If such event occurs before the final availability of all credits for sale, the Sponsor shall take
remedial action to restore the property to its condition prior to such event, in a manner
sufficient to provide adequate mitigation to cover credits that were sold prior to such delay
or failure to compensate for impacts to waters, including wetlands, authorized by
Department of the Army permits. Such remedial action shall be taken by the Sponsor, only
to the extent necessary and appropriate, as reasonably determined by the MBRT.
31. No third party shall be deemed a beneficiary hereof and no one except the
signatories hereof, their successors and assigns, shall be entitled to seek enforcement
hereof.
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32. This MBI constitutes the entire agreement between the parties concerning
the subject matter hereof and supersedes all prior agreements or undertakings.
33. In the event any one or more of the provisions contained in this MBI are
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability will not affect any other provisions hereof, and this MBI shall be
construed as if such invalid, illegal or unenforceable provision had not been contained
herein.
34. This MBI shall be governed by and construed in accordance with the laws
of North Carolina and the United States as appropriate.
35. This MBI may be executed by the parties in any combination, in one or
more counterparts, all of which together shall constitute but one and the same instrument.
36. The terms and conditions of this MBI shall be binding upon, and inure to
the benefit of the parties hereto and their respective successors.
37. This MBI may be executed in one or more counterparts, each of which will
be considered an original, and all of which will be considered one and the same instrument.
38. All notices and required reports shall be sent by regular mail to each of the
parties at their respective addresses, provided below:
Sponsor.
American Wetlands & Natural resource Exchange Corporation
Attn: Lamar Beasley
11876 Sunrise Valley Drive
Suite 200
Reston, VA 20191
Corps.
Ms. Jean Manuele
U.S. Army Corps of Engineers
Regulatory Division
6S08 Falls of the Neuse road
Suite 120
Raleigh, NC 276165
EPA:
Ms. Kathy Matthews
U.S. Environmental Protection Agency
980 College Station Road
Athens, Ga. 30605
FWS.
Ms. Marella Buncick
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa StreetPost
Asheville, North Carolina 28801
MRCS:
Ms. Mary Combs
State Conservationist
Natural Resources Conservation Service
4405 Bland Road
Suite 20S
Raleigh, NC 27609
NCWRC:
Mr. Frank McBride
North Carolina Wildlife Resources Commission
1721 Mail Service Center
Raleigh, NC 27699-1721
NCDWQ:
Mr. John Dorney
Division of Water Quality
North Carolina Department of Environment and Natural Resources
Parkview Building - Suite 250
2321 Crabtree Blvd.
Raleigh, NC 27604
NCDOT:
Mr. Gregory J. Thorpe, PhD
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, NC 27699-1548
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement To Establish The Fisher River Mitigation Bank In Surry County, North
Carolina":
U.S. Army Corps of Engineers:
By:
Date:
Sponsor:
By:
Date:
See following page for additional Mitigation Review Team Members signatures.
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See proceeding page for U.S. Army Corps of Engineers and Sponsor signatures.
U.S. Environmental Protection Agency
By:
U.S. Fish and Wildlife Service:
By:
N.C. Division of Water Quality:
By:
N.C. Wildlife Resources Commission:
By:
N.C. Department of Transportation
(solely for purposes of Paragraphs 24(b), 26 and 27)
By:
Date:
Date:
Date:
Date:
Date:
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List of Appendices
Appendix A: Deep Creek Final Mitigation Plan;
Appendix B: Property Survey and Legal Description;
Appendix C: Map - Geographic Service Area;
Appendix D: Construction Costs;
Appendix E. Maintenance and Monitoring Costs;
Appendix F: Form of Financial Assurance;
Appendix G. Forms of Preservation Mechanism
Appendix H. Subordination of Deed of Trust
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Deep Creek Wetland Mitigation Bank
Mitigation Plan
A. Administrative Provisions
The Deep Creek Wetland Mitigation Bank is proposed as a Private-Commercial Bank,
which will be operated as a Debit Bank and will offer wetland and stream restoration
credits, primarily for wetland and stream impacts by the North Carolina Department of
Transportation in the upper Yadkin River basin (Cataloging Unit # 03040101). An
easement is currently owned by American Wetlands and Natural Resources Exchange
Corporation (American Wetlands). The wetland mitigation effort will involve
approximately 42.5 acres, and approximately 5,540 linear feet of stream restoration within
a larger tract of about 70.745 acres.
Easement ownership will remain with American Wetlands during the minimum five-year
monitoring and maintenance period at which time the intent will be to transfer the
easement to an acceptable land conservancy organization.
Discussions and meetings have been conducted with a number of resource agencies in the
process of developing the Mitigation Plan. Representatives from the US Army Corps of
Engineers (USACOE), USDA - Natural Resource Conservation Service, USDI - Fish and
Wildlife Service, and NCDENR - Wildlife Resources Commission and Division of Water
Quality, have visited the site.
B. Technical Provisions
Location
The Deep Creek Mitigation Bank is located along Deep Creek, a tributary of the Yadkin
River in Forbush Township, Yadkin County, North Carolina. The property is located in
Sub-basin 02, Hydrologic Unit 22. This is the highest priority Sub-basin as assigned by the
North Carolina Wetlands Restoration Program and the second highest priority Hydrologic
Unit within the Sub-basin.
Land Use
The Deep Creek Mitigation Bank site consists of 70.745 acres. The land has most recently
been in cultivation, with corn having been produced on an annual basis. Hydric soils on
the site exist in one contiguous unit of 30.4 acres on the south portion of the site. There
are 12.1 additional acres of wetland creation proposed, resulting in 42.5 total acres of
wetlands. In addition, there are approximately 4,526 linear feet of existing channelized
and dredged stream channel that have been functionally reduced to linear drainage ditches.
These channelized and dredged stream channels will be restored, resulting in
approximately S,S40 linear feet of restoration.
These lands are classified as Prior Converted Wetlands, and this is supported by the
ditching system that is in place. The original classification of the site was very likely swamp
hardwood. These systems are more fully described in the vegetation section.
The land use in this portion of the County is primarily agricultural, with some rural,
residential home sites located on the higher elevations on the drainage divides adjacent to
State maintained roads. At the present time there are no zoning regulations in place
pertaining to Forbush Township; however, there are Subdivision and Watershed
Ordinances governing the development of subdivisions and other developments that might
impact the overall conditions of the watershed. For example, no subdivision is permitted
on lots less than 30,000 square feet unless authorized through a variance. The Watershed
Ordinances governs storm water run-off, and other factors affecting water quality. Any
development must be in compliance with these Ordinances. In discussions with the County
Zoning and Planning Office, they indicated there was very little development in this
Township. The landowner from which the Easement was acquired does not have any plans
for development of his adjacent property at this time. Should his plans change in the
future, the County Planning, Zoning, and Ordinances will apply. One adjacent landowner
on the northwest portion of the property has indicated he intends to continue farming for
the next few years, but it his long-term desire to plant the land in trees. In summary, with
the existing County controls in place, the direction the County is heading with their land-
use policies, and the known adjacent landowner objectives for the use of their properties,
the risk from incompatible land use as affecting the wetlands mitigation bank are minimal.
Geomorphic Position
The site occupies a broad flood plain and fluvial terrace position of about 730 feet in
elevation. Soil parent material is fine-textured alluvium deposited by the Deep Creek-
Yadkin River system. Elevation of the flood plain is about 2-4 feet above the base of the
small, unnamed tributary that runs through the site. The proposed restoration area is
nearly level (sloping at less than 1.0% toward Deep Creek) with little topographic
variation.
Soil Characteristics
Soils on the site are described in the following inventory:
Wehadkee Series Poorly-drained, fine-loamy, mixed,
thermic, Typic Fluvaquent
Chewacla Series Somewhat poorly drained, fine-
loamy, mixed, thermic Fluvaquentic
Dystrochrept
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The Wehadkee Series, a Hydric Soil, comprises about 30.4 acres of the site, and represents
the potential wetland restoration area. The Chewacla Series is adjacent to the Wehadkee
Series downstream and represents potential wetland creation area. Soils are better drained
nearer to Deep Creek.
Site Hydrology
Drainage on the site is to the north toward Deep Creek. Runoff from approximately 0.9
square mile in one tributary and 1.4 square mile in another, converges on site. This runoff
and site precipitation provide input to surface and groundwater on-site. Two natural
tributaries drain toward the site from the south. These tributaries have been dredged and
channelized where they pass through the site toward Deep Creek, as part of agricultural
site development. The broad, flat area of Wehadkee soils has been ditched to facilitate
agricultural operations. The ditches are shallow and have partially filled-in, thus reducing
their effectiveness. Wetland hydrology can be effectively restored by filling the drainage
system and restoring the channelized streams to natural channel geometry. There is
potential for at least 5,540 linear feet of stream restoration within the proposed mitigation
area.
A water budget has been developed for the site which addresses inputs and outputs to and
from the system and is described below in Implementation Methods-Hydrology.
The site will provide mitigation for impacts in Cataloging Unit #03040101, with the
possibilities of negotiating to mitigate impacts in the adjoining Cataloging Units.
Vegetation
The proposed mitigation portion of the site is dominantly agricultural fields, currently in
corn stubble from the previous season. The channels and ditches on site have tree and
shrub species along the banks. The open field portion is surrounded by bottomland
hardwood forest on the west and south. Typical canopy species include water oak, willow
oak, green ash, yellow-poplar, sycamore, red maple, elm, etc. Sub-canopy species include
maple, alder, willow, silky dogwood, etc.
Habitat
Existing site habitat is comprised of: (a) cover, nesting, and travel areas along ditches, (b)
some open land feeding area, and (c) the large adjacent areas of bottomland hardwood
forest.
Diversity on site is low and habitat is somewhat broken by the large open fields.
Development of a bottomland hardwood system in the open field areas would result in a
large contiguous swamp forest allowing greater connectivity to Deep Creek and habitat for
bottomland species. Examples of species which would benefit from a large swamp forest
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system include; Raccoon, Gray Fox, White-tailed Deer, Bobcat, Wood Ducks, and Wild
Turkey.
Proposed Mitigation Types
The intent of the mitigation effort is to develop a Palustrine Forested Wetland (Cowardin),
Bottomland Hardwood Forest Wetland (NCDEHNR 1996 Field Guide Report No. 96-01).
This will be done by restoring wetland hydrology to the hydric soil areas, as well as
developing wetland hydrology in the near-hydric areas. The reference sites for this project
are a suite of three areas immediately adjacent to the mitigation area (see site map for
location). The reference areas are described below.
The following table lists the proposed mitigation components:
Restoration (1:1) 30.4 acres 30.40 credits
Creation (3:1) 12.1 acres 4.03 credits
Stream Restoration 5,540 linear feet
TOTAL (Wetlands) 42.5 acres 34.43 credits
Reference Site
The reference site for the project is a suite of three areas immediately adjacent to the
mitigation site (see accompanying map) which are also Palustrine Forested Wetlands
(Cowardin), Headwater Forest Wetlands (NCDEHNR 1996 Field Guide Report No. 96-
01). The areas have been visited by the USACOE and have been deemed to be acceptable.
The reference areas are in a similar (slightly lower) geomorphic position and soil type and
represent the target vegetative condition.
Vegetation at the reference site is dominantly old-growth bottomland hardwood species
such as; Willow Oak (Quercus phellos), Water Oak (Quercus nigra), American Elm (Ulmus
Americana), River Birch (Betula nigra), Tulip Poplar (Liriodendron tulipifera), and Green
Ash (Fraxinus pennsylvanica)
It is apparent that the reference site has been, and will continue to be, wetter than the
conditions at the restoration site. Level, arable land is a minor portion of the landscape in
the foothill regions and is therefore in high demand as agricultural land. Nearly all of that
type of land in the area has been drained and farmed in the past. Only those areas which
are difficult to drain and farm were left out of production, such as these lower
(approximately 1.0 foot lower than adjacent proposed site) and slightly concave areas
which are saturated for a greater portion of the year. This presents a problem in finding a
representative reference site and correlating reference site hydrology with a restoration site.
4
This is true of the proposed restoration site. It is likely that the original hydrology at the
restoration site was not as wet as the reference site.
The elevation of each reference well was determined relative to the field area (proposed
restoration area) immediately adjacent with a laser level. In each the difference was
approximately 1.0 foot (lower in the reference area). All of the land in the area slopes
toward the Deep Creek invert and therefore some of the restoration and creation area is
actually lower in absolute elevation than the reference sites. The reference areas are more
concave landscape components than the proposed restoration/creation areas. While it is
true that the entire area slopes toward Deep Creek, rainfall is contained for longer periods
of time in the depressional areas of the reference wetlands than on the uniformly sloping
areas of the restoration/creation site. There is a small berm along the field edges as well
that prevents surface water from flowing directly into the restoration/creation areas (fields)
from the reference areas.
Wetland hydrology in the reference areas will be monitored with three groundwater
monitoring devices (one in each area) identical to those used within the mitigation area (see
device specifications included), which will continually record (at least daily) and store data
on water levels. Data from the groundwater wells will be downloaded periodically and
depths of saturation will be recorded during each quarterly visit. Well data will be verified
by observation of water levels in hand dug auger holes at the time of data collection. This
data will be presented, along with that from the mitigation site, to the NORT in the annual
report.
Implementation Methods
Hydrology - Grading and Structural
Restoration of wetland hydrology to the hydric soil (restoration) area of the site will be
accomplished by reversing the effect of the existing drainage system and restoring the
stream channels through the site, thereby returning near-original wetland hydrology to the
restoration portion of the site. Existing ditches will be filled to grade and the dimension,
pattern, and profile of the channelized streams will be altered to restore natural stream
morphology to the channels. Refer to the Stream Restoration section below for additional
information. Additionally, a subsurface, low-permeability trench will be constructed at the
outlet end of the mitigation area (see Site Plan). This will retard horizontal movement of
groundwater toward Deep Creek. The combination of; filling the ditches, raising the
invert of the stream in its lower reaches, creating greater channel sinuosity (lowering
longitudinal slope), lowering surface elevations in the northern portion of the site, and
detaining groundwater outflow will develop wetland hydrology in the creation portion of
the site.
Wetland hydrologic conditions will be created on site, within the 12.1-acre portion by; 1)
lowering the land surface and 2) raising the elevation of the seasonal water table. In the
northern portion of the site, where the soils are not hydric, there are indicators of seasonal
saturation at depths greater than 12" from the surface. During the site evaluation, an area
5
was identified which has redoximorphic features (indicating seasonal saturation) at depths
ranging from 12" to about 40". Through a combination of raising the level of seasonal
saturation and lowering the ground surface, it is reasonable to expect that seasonal
saturation can be developed within the upper 12" of the surface.
A portion of the area proposed for wetland creation will be graded to create a bank-full
bench adjacent to the new stream channel. This grading will occur in the area of the
deepest indicators of saturation (see grading plan in Stream Restoration Plan). This
grading will result in a decreased separation between the land surface and the level of
seasonal saturation in the soil. The invert of the stream channel will be raised in this area
as well, thereby assisting in the re-hydration of adjacent zones. Additionally, a subsurface
dam will be constructed by excavating a trench along the upslope side of the new access
road and filling the trench with a compacted soil/bentonite mix. This will provide
subsurface detention of groundwater upslope of the trench. The combination of lowering
grade, raising the channel invert, and subsurface detention will provide seasonal saturation
in the area proposed for creation of wetlands.
Raising the channel invert and creating a subsurface dam effectively raises the outlet for
groundwater in the target area. The subsurface dam will extend downward to below water
table elevations in the early growing season. Typically, the flow of groundwater in riparian
areas, unless impeded by subsurface structures (rock vanes, etc.) is toward the channel
invert and in the direction of the surface topography. That is, toward the channel and
downstream at an average angle between perpendicular to the channel and parallel
downstream. The subsurface trench/dam will intercept this flow and detain it so that the
flow will back up behind the low-permeability wall and rise toward the land surface until it
finds the new, higher outlet to the channel.
The depth to redoximorphic features is within 12" of the surface in the existing hydric soil
areas and tapers to about 40" below grade in the non-hydric soils where the present invert
of the channel is 4-6 feet below grade. This in known is geomorphology as the "dry edge
effect". A channel of several feet below grade creates a hydrologic gradient in which the
groundwater falls toward the channel invert from higher elevations further away from the
stream, thereby draining the areas closer to the channel. If the invert is raised, that
gradient is lowered and the elevation of seasonal saturation is raised in areas closer to the
stream. The grading plan, stream restoration plan, and the subsurface dam design are
coordinated to bring the expected seasonal high water table to within 12" of the new
surface at all points along the creation area.
It is often useful to develop and analyze information relative to the dynamics of water in
the natural system that is being altered. Ideally, that analysis would yield a conclusion that
would indicate the desired hydrologic situation. In this case, the desired hydrologic
conditions would support the target community of a Palustrine Forested Wetland and
comprise at least jurisdictional hydrologic criteria. Unfortunately, a satisfactory model
does not presently exist which absolutely predicts, in a natural system, the presence of
saturated (within 12" of the land surface) or inundated conditions for the required
consecutive number of days to create the desired wetland conditions. Controlled systems
(structural inlet and outlet controls) are easier to model and predict than more natural
systems. The plan for the Deep Creek site does not rely on structural outlet controls.
6
Typically, a review of known input and output parameters is presented to indicate that a
surplus of water could be available in the system during the growing season and therefore,
saturated conditions would be possible. At this site, hydric soils are present within the
alluvial deposits adjacent to Deep Creek, indicating that reducing (hydric) conditions have
been present in the past. The ditching of the site and testimony of local observers indicate
that the wet conditions are contemporary and that, were it not for the present drainage
system, seasonal saturated conditions would return. The hydric soils area is subject to
occasional over-bank flooding from the channels within the site as well as from Deep
Creek (which is often associated with flooding in the adjacent Yadkin river flood plain.
The hydric soil area on site is influenced by both surface and groundwater systems and can
be considered a combination of Surface Water and Groundwater Wetlands (Novitzki 1979,
1989) which is amenable to wetland restoration. Carter (1986) discusses wetland water
budgets in an often accepted formula:
P+SWI+GWI = ET+SWO+GWO+S
Where
P = Precipitation
SWI = Surface Water Inflow
GWI = Ground Water Inflow
ET = Evapotranspiration
SWO = Surface Water Outflow
GWO = Groundwater Outflow
S = Change in storage
Based on this formula, a spreadsheet has been developed for monthly variations in the
various system inputs and outputs and is included for reference. The following is a
summary of data and assumptions relative to the variables in the formula above:
Precipitation (P)
Data for precipitation were taken from the Soil Survey for Forsyth County, NC and are
presented as average monthly figures.
Surface Water Inflow (SWI)
Surface Water Inflow is estimated to be that portion which runs off from the adjacent
1500-acre watershed. A conservative runoff coefficient ("c" factor) of 0.10 (10% of
precipitation) is used. This is typical of forested conditions where little runoff is
anticipated. Conservative figures are being used for inputs to the system where actual data
(e.g. precipitation) is not available. The data assumes 10% of the monthly rainfall on the
1500-acre watershed runs off and is therefore available in the contiguous 42.5-acre
restoration/creation portion of the site. Obviously, a significant portion of the runoff
travels through the proposed site as channel flow. Therefore, a smaller portion of the total
runoff is assumed to be available as input to the site hydrology. Ten percent (10%) of the
SWI is assumed to contribute to site hydrology (1.3 inches per month).
7
Ground Water Inflow (GWI)
Since there is no data relative to ground water inflow to the restoration site from the
adjacent area, a conservative estimate is used here as well. It is reasonable to assume that a
portion of the precipitation which infiltrates to ground water in the contributing watershed
ultimately travels to the restoration site. Travel time and volume are not known, therefore
a uniform rate of flow throughout the year is being used, based on 5% of annual
precipitation in the watershed making it to the restoration area site via ground water. The
contributing watershed is 1500 acres. Total annual precipitation is 44.2 inches (2.21
inches represents 5% of the total). That total amount of input equates to 78.0 inches in
the contiguous 42.5-acre restoration/creation portion, or 6.5 inches per month.
Evapotranspiration (ET)
PET data from NCSU Experiment Station Bulletin 396, "Weather and Climate in North
Carolina" were used.
Surface Water Outflow (SWO)
Surface Water Outflow is estimated to be 10% of the monthly precipitation on site, based
on a "c" factor of 0.10 for forested (target community) conditions. The remainder of the
site precipitation can be expected as input (above). A majority of the runoff (90%
estimated) from the contributing watershed can be expected to travel through the site and
leave as SWO. While the amount of surface water outflow will not be altered, the
frequency of over-bank flooding will increase within the stream restoration area, thereby
increasing the residence time for water in the restoration/creation system.
Ground Water Outflow (GWO)
Loss of water in the form of ground water outflow is estimated from soil drainage rates.
This rate is approximately the saturated hydraulic conductivity of the least permeable layer
within the rooting zone, or soil solum (approximately the upper four feet). This can
estimated by using 5% of the permeability of the least permeable layer within these upper
horizons. The permeability of the least permeable horizon in this profile is estimated at
0.06 in/hr. Thus 5% of that figure adjusted for 28, 30, and 31-day months gives the
drainage figure used as GWO. As with surface outflow, the total amount of groundwater
outflow will not change however, the elevation of seasonal saturation and residence time in
the restoration/creation system will increase as a result of the stream restoration and
subsurface dam construction.
Change in Storage (S)
This figure indicates excess or deficiency in the water regime on a monthly basis (does not
account for cumulative effects of surplus water from prior months). Excess water during
the growing season, particularly in areas of hydric soils, implies that wetland hydrology is
possible during that time.
Based on the data and the analysis as represented in the accompanying water balance
spreadsheet, there is excess water in the system predicted in all months of the year. These
figures show actual excess on a monthly basis and do not account for cumulative effects of
excess water from the earlier months. It appears reasonable to assume that wetland
(hydric, reducing) conditions can exist at any time of the year, depending groundwater
elevations. Groundwater elevations and surface water elevations will be raised throughout
the site by reducing the outflow (blocking ditches), the stream restoration (raising stream
channel invert) and subsurface detention of groundwater outflow. It is reasonable to
assume that saturated conditions are possible several weeks in the growing season.
Stream Restoration
The objectives of the stream mitigation project include: 1) the restoration of a meandering,
self-maintaining stream channel that will not aggrade nor degrade over time utilizing
natural channel design techniques. 2) Insure channel and stream bank stabilization by
utilizing grade control structures, root wads, and native vegetation (on-site transplants, live
stakes, and bare roots), in conjunction with the eradication of the current agricultural
maintenance practices. 3) Improve and create bed form diversity (riffles, runs, pools, and
glides) 4) Re-establish the historic active flood plain function and hydrology by matching
the bankfull channel with the current flood plain elevation. 5) Re-establish the historic
groundwater table elevation by raising the channel invert. 6) Re-establish a native forested
riparian plant community and remove the existing invasive exotic species located on the
site. 7) Create a diverse terrestrial and aquatic wildlife habitat area.
Based on the observed site conditions and gathered existing stream data, the channels
located on site were physically altered and obliterated for the purpose of modifying the
historic surface and groundwater hydrology. The site hydrology was modified to maximize
productive cropland acreage and improve accessibility within the fertile alluvial flood plain.
Relic channel sections observed south of the southern property line and outside of the
active agricultural fields provided evidence that the site alteration has drastically affected
site hydrology. These relic channel sections are no longer hydrologically connected to the
existing channel network and are approximately 2 to 3 feet above the existing channel
invert elevation.
The existing stream features, which transect the wetland mitigation site consist of
historically channelized and dredged stream systems that have been functionally and
characteristically reduced to linear drainage ditches. Dredging activities have lowered the
historic channel invert (bottom of the channel) elevation, subsequently lowering the
groundwater table and inducing channel degradation (head-cutting) on-site and throughout
the upstream tributaries. The channels are also in an "incised" condition were flooding
rarely or never engages the historic flood plain but are instead confined to the channel.
The physical confinement of the stormwater flows within the straightened and incised
stream channel perpetuates head-cutting and lateral channel extension due to the increased
boundary shear stress and channel slope. Increase boundary shear stress beyond the
channels' carrying capacity results in bank erosion, mass wasting, bed instability, and
increased turbidity.
Because agricultural production was the primary objective on-site, the riparian areas are
minimal and are not contiguous. The current riparian corridor rarely exceeds 25 feet in
width from the edge of the existing stream channels. Channel sections throughout the site
were periodically maintained based on field observations and interpretation of the available
9
site aerial photographs. The riparian zones are in specific areas cleared of all riparian
vegetation and are periodically maintained probably for the purpose of clearing debris jams
and dredging the channel bottom. Dominate tree species that were observed within the
channel and riparian areas consisted primarily of box elder (Acer negundo), red maple
(Acer rubrum), sycamore (Platanus occidentalis), green ash (Fraxinus pennsylvanica), black
willow (Salix nigra), and flowering dogwood (Cornus florida).
For the purpose of the restoration design, the existing stream channels have been divided
into three separate reaches based on the calculated drainage area. The channel originating
at the southern most tip of the property will be identified as Reach 1 and will from this
point forward be referred to as the South Fork. The channel originating at the
southwestern property line will be identified as Reach 2 and 3 and will be referred to as the
West Fork. Reach 3 originates at the confluence between the West and South Forks.
Current channel lengths are 3,230 and 1,296 linear feet, respectively for a total length of
4,526 linear feet and the sinuosity is 1.06.
The restoration design for the Deep Creek Mitigation Site is based on natural channel
design principals and techniques utilizing local reference reach data and existing channel
conditions data. Reference data utilized to develop the restoration design include the
North Carolina Rural Piedmont Regional Curve (SRI 2000), Mill Creek reference reach
survey data (Jelenevsky et. al.), and existing site constraints. The typical proposed bankfull
cross-sections for each channel reach are depicted in the Typical Cross-Section graphic.
The cross-sections were design based on the aforementioned references and the drainage
area.
The proposed stream design will restore a naturally meandering E/C type stream channel to
a more appropriate location-centrally within the existing flood plain as depicted in the
Stream Restoration Plan graphic. The implementation of the restoration design will result
in a riffle-pool profile that will be reinforced utilizing in-stream grade control structures
such as rock cross-vanes, J-hook vanes and root wads as depicted in Stream Restoration
Structures graphic (Rosgen 2001). These structures will be subsequently vegetated with
transplants and live stakes. Rock vanes will be installed at the head of every glide/riffle
interface and root wads will be installed at every outside meander bend as determined by
the designer during the construction phase to ensure stabilization of the stream channel
grade and banks. Erosion control matting, temporary seeding, and live stakes will be
utilized to reduce bank erosion immediately following completion of each section of
channel and provide bank stabilization.
Following the completion of the pebble counts, bar sample and entrainment calculation, it
was determined that the channel bed is actively degrading due to an increased discharge
rate within an incised, partially denuded stream channel. The increased discharge rate
results in a higher boundary shear stress which perpetuates channel degradation (head-
cutting), and widening (lateral expansion).
To prevent the current channel degradation from occurring, the grade of the designed
stream channels has been elevated so that the top of the restored channel banks will match
the adjacent flood plain elevation. This should result in a flood return interval of
approximately every 1.5 to 2 year, thereby, restoring the historically modified flood plain
functions, which include flood attenuation, storage and biological treatment. This will also
10
prevent the current bank erosion from perpetuating by allowing the erosive stormwater
flows that are greater than the carrying capacity of the channel to escape onto the flood
plain. Typically straightening and incised stream channel experience higher boundary
shear stresses resulting in unstable bed and banks. The channel adjustments, due to these
conditions and increased slope related to the straightening of the channel include lateral
channel extension, slumping, bank erosion, and bed instability. This design modification
should avert and minimize the current problematic erosive forces observed within the
existing incised channels.
The resulting restored stream channel will be approximately 5,540 linear feet, increasing
the overall channel length by approximately 1,000 linear feet subsequently increasing the
sinuosity to 1.5. This design is distinguished as a Priority I restoration.
Vegetation
The majority of the wetland restoration and creation areas will be planted with seedlings of
bottomland hardwood species that are typical of the reference wetlands and bottomland
hardwood wetlands of the region. The species list below describes proposed typical
species. Immediately after site construction is complete, the disturbed areas will be seeded
according to the Sediment and Erosion Control Plan and the outer bends of the restored
stream channel will be planted with live-stakes of riparian shrub species. If healthy, native
transplants are available on site, these will be sporadically transplanted along the upper
sections (top of bank) of the restored stream channel. Overall site planting of tree species
will begin during the next appropriate planting season (fall/winter).
Woody tree species will be planted on an 8 x 8-foot spacing. Live-staked areas along the
restored stream channel will be staked at 2'x2' to 3'x3' spacings.
The following is a table of proposed species from which plant material will be selected:
Tree Species
Liriodendron tuli ifera Yellow-Poplar
Ulmus Americana American Elm
Celtis laevi ata Sugar-Berry
Fraxinus enns lvanica Green Ash
Quercus hellos Willow Oak
uercus ni a Water Oak
Betula ni a River Birch
Platanus occidentalis Sycamore
Acer ne ndo Box-elder
Po ulus hetero h la Swam Cottonwood
Quercus falcata Cheery-bark Oak
N ssa s lvatica Black Gum
11
Shrub Species (as transplants and live-stakes)
Rhododendren maximum Rhododendron
Ce halanthus occidentalis Buttonbush
Alnus serrulata Smooth Alder
Salix discolor Puss Willow
Cornus amomum Silky Do ood
Asimina triloba Pawpaw
Salix sericea Silky Willow
Sambucus canadensis Elderberry
Salix ni ra Black Willow
Herbaceous Species
Carex s Sedges
Juncus s p. Rushes
Osmunda cinnamomea Cinnamon Fern
Osmunda re alis Royal Fern
Other herbaceous species as available.
Success Criteria
Vegetation
The success of the vegetative component will be based on the survival of canopy tree
species for a five-year monitoring period. Monitoring will occur for five years or until
success criteria is met, whichever is longer. Transect lines, with permanent markers will be
established in the field for vegetative monitoring (representative of community types). All
monitoring will occur along these observation lines throughout the monitoring period as
long as they continue to be representative of the community. Any changes to the
observation points will require the approval of the MBRT. Vegetative success will be
predicated on a minimum mean density of 260, five-year old stems per acre surviving after
five years, all of which will be from the target species list (planted or native) or as that
additionally approved by the MBRT. No single species shall comprise more than 20 % of
the surviving stems. By the end of the five-year monitoring period, vegetation in the
proposed wetland areas must meet the criteria for hydrophytic vegetation as described in
the 1987 Corps of Engineers Wetland Delineation Manual, specifically, more than 50% of
the dominant species in all strata are OBL, FACW, or FAC as listed in "National List of
Plant Species that Occur in Wetlands" - 1988 USF&W. The status of site vegetation,
relative to this criteria, will be included in annual monitoring reports.
Hydrology
Hydrologic success criteria is somewhat problematic for two reasons; 1) there is little if any
data (based on an extensive search of on-line sources, NC State University staff, other
consultants, resources agencies) to establish hydroperiod specific to bottomland wetlands in
the western Piedmont of North Carolina, and 2) the only available reference sites are
12
typically wetter than the target wetlands since those areas were more difficult to bring into,
and keep in, cultivation than those which were successfully drained for agricultural use.
Typically, the references are those areas which were cleared at one time and were
ultimately abandoned due to wetness problems.
Although the consultants would like to base hydrologic success criteria on some known
data from the target community, there appears to be inadequate data on which to base the
criteria. Given this situation, and the fact that the impacts for which this mitigation is
proposed are based on hydrologic criteria as described in the "Corps of Engineers
Wetlands Manual", January, 1987 (Manual), the proposed criteria for hydrologic success is
that described in the 1987 manual. The Manual states that "duration of inundation and/or
soil saturation during the growing season is more influential on the plant community than
frequency of inundation/saturation during the growing season.". Table 5 in the Manual
outlines Hydrologic Zones in Nontidal Areas. The bottom limit for duration of
saturation/inundation in wetlands in that table is 5% of the growing season. Generally, any
duration of saturation/inundation above 12.5% of the growing season is considered to have
wetland hydrology.
Since data are not available for the target community, the mid-point in the 5% - 12.S%
range, or 8.7S% of the growing season, is proposed as criteria for hydrologic success at this
site. Growing season may be estimated as the average number of frost-free days. Data for
Yadkin County is based on the climatic data presented in the Yadkin County Soil Survey.
The average number of frost-free days in Yadkin County is 202. Given that, 8.75% of the
growing season is 17.675 or 18 days. Saturation to within 12 inches of the surface for 18
or more contiguous days during the growing season will be considered successful
hydrology for that year.
Long-term hydrologic success will be met when individual growing season success criteria
(as described above) is achieved for all growing seasons (during the minimum five-year
monitoring period) which are proceeded by twelve-month periods of average (44.44
inches) or greater rainfall. In years of less than average rainfall, site hydrology data will be
considered, case-by-case, relative to rainfall data and reference site hydrology data.
Stream Channel
Success criteria for stream stability will be met if, for the period of five years in conjunction
with vegetation and wetland hydrology monitoring, the stream bedform features and cross-
sections remain stable (i.e. the stream retains its enhanced Rosgen stream-type
classification).
Phasing
It is most efficient to do all construction (structural and grading) in a single phase since all
outlets and ditches need to be blocked to effectively restore the entire area. Also, the
material needed for the filling of ditches and dam construction will be obtained from the
graded areas in the creation portion.
13
Each area of the site with common plant types should be planted in one operation so that
desired habitat type may be encouraged and invasive species are minimized. The planting
may be done in phases by plant types (e.g. Phase I -all woody material planted in late Fall
or Winter; Phase II - all herbaceous material planted in Spring).
Potential Scheduling (example)
Project Begins February, 2001
Detailed Site Survey (topography) Aril, 2001
Concept Plan and Prospectus June, 2001
Development of MBRT (preliminary) August, 2001
Site Meeting with Agencies August/Sept., 2001
Detailed Mitigation Plan June, 2002
Develop MBI June, 2002
Plan Approval b USCOE/NCDWQ August , 2002
Contractor Selection September, 2002
Construction Be ins* October, 2002
Grading and Structural Complete December, 2002
Install Monitoring Devices/Monitoring Begins December, 2002
Planting Begins (Phase I) December, 2002
Planting Complete (Phase II) May, 2003
Monitoring Phase 6103 throug h 12/07
Construction Supervision will include:
1) Pre-construction/planting meeting with contractor.
2) Site supervision during installation.
3) Final inspection after all site work is complete, preparation of appropriate
completion of work statement, preparation of as-built report and plan, and
documentary photos and submission of that report to the MBRT for review
within 30 days of completion.
4) Flagging of the mitigation site limits in the field, delineating between different
treatment areas.
14
C. Operations Provisions
Service Area
The primary service area is the upper Yadkin River area (cataloging unit #03040101) with
the possibility of negotiating the mitigation of impacts in adjoining cataloging units. The
primary service area is in the northwestern Piedmont and foothills of North Carolina and
includes portions of municipalities such as Winston-Salem, Yadkinville, Mount Airy, and
North Wilkesboro, NC. Use of the bank for projects outside the primary service area may
be proposed and considered on a case-by-case basis.
Wetland and Stream Types (debit)
The bank will supply credits for impacts to Bottomland Hardwood Forest wetland types
and stream channels. Wetland and stream impacts are common in this service area relative
to road building, large retail and industrial site development, and watershed/water supply
development.
Credit Release
Fifteen percent (15%) of the Bank's total credits shall be available for sale immediately
upon completion of all of the following:
a. Execution of this MBI by the Sponsor, the Corps, and other agencies eligible for
membership in the MBRT who choose to execute this agreement;
b. Approval of the final Mitigation Plan;
c. Delivery of the financial assurance described in paragraph 25 of this MBI;
d. Recordation of the preservation mechanism described in paragraph 24 of this MBI,
as well as a title opinion covering the property acceptable to the Corps;
Additionally, the Sponsor must complete the initial physical and biological improvements
to the bank site pursuant to the Mitigation Plan no later than the first full growing season
following initial debiting of the Bank.
Subject to the Sponsor's continued satisfactory completion of all required success criteria
and monitoring, additional mitigation credits will be available for sale by the Sponsor on
the following schedule:
10% after first year, if interim success measures are met (25% of total)
10% after second year, if interim success measures are met (35% of total)
10% after third year, if interim success measures are met (45% of total)
15
15% after fourth year, if interim success measures are met (60% of total)
15% after fifth year, if interim success measures are met (75x/0 of total)
and
25% after fifth year once overall success criteria has been met (100% of total)
The above schedule applies only to the extent the Sponsor documents acceptable survival
and growth of planted vegetation, attainment of acceptable wetland hydrology as described
under the success criteria in the monitoring section of the mitigation plan. The final 25%
of credits will be available for sale only upon a determination by the MBRT of functional
success as defined in the mitigation plan.
Following the five-year monitoring period, the MBRT will meet to discuss final approval of
the bank. The portion of the credit release schedule which is based on the end of the first,
second, etc. successful year begins after all initial construction/restoration activities are
complete. Some construction activities, relative to site repair, may follow during the five-
year monitoring period.
Monitoring
The project site and reference sites will be monitored for a period of at least five years (or
until all success criteria are met) following initial construction of the project. This will
involve observation of three basic parameters; 1) vegetation and 2) hydrology within the
mitigation area and 3) stream channel stability within the restored reach.
Vegetative conditions will be evaluated relative to the number and type of living stems of
canopy tree species and the wetland occurrence status of all plant community strata at
standard sampling points within each restoration or creation unit.
Site hydrology will be evaluated during site visits as well. Groundwater monitoring devices
have been installed throughout the restoration and proposed creation areas, as approved by
the USACOE (see accompanying map), which will continually record (at least daily) and
store data on water levels. These will be capacitance-type instruments, the data from
which can be downloaded in the field (see example specifications sheet from Remote Data
Systems, Inc. included). Daily water level data can be determined and presented for
review. Any areas to be inundated, will be monitored with water depth indicators
(graduated poles). Data from the groundwater wells will be downloaded periodically and
depths of saturation and inundation will be recorded during each quarterly visit. Well data
will be verified by observation of water levels in hand dug auger holes at the time of data
collection. This data will be presented to the MBRT in the annual report.
Stream channel stability on the restored reach will be monitored on three years of a five-
year post-construction monitoring period (i.e. 1", 3`a, and 5th years) or until success criteria
is met, whichever is the longer period of time. Channel stability will be monitored through
the use of photo reference sites (longitudinal and lateral reference photos) and a reference
reach monitoring the reach's cross-section and longitudinal profiles. If within any
monitoring year, bank stabilization is not acceptable as determined by the Corps of
Engineers, and remedial action as required by the Corps of Engineers is performed, the
five-year monitoring of the affected portion of the stream will begin again. The bank
16
sponsor will coordinate any remediation activities with the Corps of Engineers, Raleigh
Regulatory Branch Field Office Project Manager. A written summary report with
monitoring data and representative photographs will be submitted to the Corps of
Engineers within 60 days of completion of each monitoring event.
Site visits will be conducted quarterly by a Professional Soil Scientist or Biologist. These
visits will be made at the end of each season (around March 1, June 1, September 1, and
December 1). An annual report of conditions will be made to the MBRT at the end of
each calendar year. This report will summarize observations from the quarterly visits.
Visits may occur more often as needed (e.g. following severe weather conditions, etc.).
Any damage or other site conditions which may jeopardize the long-term success of the
project will be addressed as observed during the monitoring period. The conditions will be
described, along with proposed solution, in a report to the MBRT as soon as possible.
The monitoring phase will begin at the start of site preparation, be carried out by the
contractor, continue for a minimum of five (5) years or until success criteria are met and
will include:
1) Preparation of as-built plans and report describing completed conditions and
any modifications or variances from the original mitigation plan. This
information will be prepared and submitted within 60 days of completion of
site construction/planting and will include a detailed topographic survey by a
Registered Land Surveyor, particularly in areas where grading or other
modification to the land surface has occurred.
2) Quarterly inspections of vegetation from standard observation points
including, early, mid, and late growing seasons. Site vegetation conditions
along with documentary photos, will be summarized in the formal report for
that calendar year (to be submitted within 60 days of the end of the year).
Should the mid growing season site inspection indicate conditions which need
to be corrected, this will be reported in a brief letter to the MBRT, along with
the suggested remediation. This will allow time to obtain plant material and
repair and re-plant the failed areas during that following winter or spring.
3) Quarterly inspections of the site to record elevation of inundation and
saturation. Each site visit will document hydrologic conditions, including
documentary photos. Data for each year will be submitted to the MBRT in
the annual formal report, within 60 days following each calendar year.
Should any significant change or damage occur on the site (e.g. as a result of
severe weather) during the year, this will be reported as soon as possible, in
order to develop a repair and restoration plan.
4) Monitoring present and future threats to the success of the plan, including any
degrading factors such as depredation, trespassing, vandalism, or plant removal
from destructive wildlife, domestic animals, and humans. If a potentially
project threatening problem is observed, a contingency plan to rectify the
problem will be submitted to the MBRT.
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Contingency Planning
A contingency plan will be developed as part of the preparation of the Mitigation Banking
Instrument. Prior to release of credits, American Wetlands shall provide evidence of
financial assurances for completion of construction, monitoring, and reporting to the
USACOE. The financial assurance will be based on the cost of doing the mitigation work.
Such work includes, but is not limited to; maintenance of hydrology monitoring devices,
sediment and erosion control, grading, planting, undesirable species control, depredation
control, human impact control, as-built surveys, and five-year monitoring. Grading
estimates include a 20% re-grading contingency and the planting plan prescribes twice the
required density of species required to meet the performance standard for survival of
desired species. Should there be any additional needs for grading or planting, such needs
will provided for from the maintenance and monitoring funds being held by NCDOT.
Work already complete includes; purchase of easement, boundary survey, topographic
survey, purchase of monitoring devices, Phase I Environmental Site Analysis,
Archaeological and Architectural review, Threatened and Endangered Species field surveys
and file research, and preliminary grading and planting plans.
Financial Guarantees
1. American Wetlands has provided NCDOT, and executed, a Promissory Note and
an executed and recorded first lien Deed of Trust on the property in the amount of
Five Hundred and Nineteen Thousand and Three Hundred and no/100 Dollars
($519,300.00). The Deed of Trust was recorded upon the closing of the purchase
of the easement on June 1, 2001.
2. Construction and Payment Bonds in the amount of Two Hundred and Seventy
Eight Thousand Eight Hundred and no/100 Dollars ($278,800.00) have been
secured to cover the grading and planting costs of the wetlands portion of the
project, which have been estimated to be significantly less than this amount.
3. A Performance Bond in the amount of One Million One Hundred and Forty Four
Thousand and No/100 Dollars ($1,144,000) and a Payment Bond in the amount of
Three Hundred and Ninety Thousand and No/100 Dollars ($390,000) have been
secured to cover costs of performance and payment in the delivery of 5,540 linear
feet of stream and riparian restoration
4. American Wetlands will require grading and planting contractors to provide
additional performance and payment bonds in the amount of the actual costs of
performing such work. This requirement of sub-contractors is required by
American Wetlands' bonding company.
5. Monitoring, reporting, and any necessary maintenance will be paid from funds held
by NCDOT for such purposes. These funds will be paid to American Wetlands
after notification to NCDOT and the USACOE that all monitoring and
maintenance work for the year has been accomplished, and NCDOT's approval of
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such monitoring and maintenance activities. This is a contractual requirement
between American Wetlands and NCDOT.
6. American Wetlands has general liability insurance in the amount of $1,000,000 for
each occurrence, $2,000,000 for the second occurrence, and $1,000,000
environmental coverage. In addition, American Wetlands carries $1,000,000
Directors/Officers insurance.
7. Also see Appendix F. of MBI.
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Deep Creek Wetlands Mitigation Bank
Appendix F. Form of Financial Assurance
American Wetlands and Natural Resources Exchange Corporation (Sponsor) has provided
North Carolina Department of Transportation (NCDOT), and executed, a Promissory
Note and an executed and recorded first lien Deed of Trust on the property in the amount
of Five Hundred and Nineteen Thousand and Three Hundred and No/100 Dollars
($519,300.00). The Deed of Trust was recorded upon closing of the purchase of the
easement on June 1, 2001.
Construction and Payment Bonds in the amount of Two Hundred and Seventy-Eight
Thousand Eight Hundred and No/100 Dollars ($278,800.00) have been secured to cover
the cost of grading and planting of the wetlands. The actual costs are estimated to be
significantly less than projected in the bonding level. Copies of the Performance and
Payment Bonds are attached.
In addition, a Performance Bond in the amount of One Million One hundred and Forty
Four Thousand and No/100 Dollars ($1,144,000), and a Payment Bond in the amount
Three Hundred and Ninety Thousand Dollars and No/100 Dollars ($390,000) have been
secured to cover the cost of performance and payment in the delivery of 5,540 linear feet
of stream and riparian restoration. Copies of the Performance and Payment bonds are
attached.
Maintenance and monitoring costs for the wetlands restoration, and creation will be paid
from funds held by NCDOT for such purposes. These funds will be paid to the Sponsor
after notification to NCDOT and the USACOE that all monitoring and maintenance work
for the year has been accomplished, and NCDOT's approval of such monitoring and
maintenance activities. These funds are to be released annually over the next five years
upon meeting the conditions set forth above. This is a contractual requirement between
the Sponsor and NCDOT.
The Performance and Payment Bonds as described above, for stream and riparian
restoration provide financial assurances that the needed monitoring, and maintenance work
will be performed, are attached.
Much of the work to be covered by financial assurances has already been completed. This
includes site design; topographic and boundary surveys; purchase of the easement;
purchase and installation of hydrology monitoring devices; and preparation of the erosion
control plan. The Performance Bond covers more than the actual cost of grading and
planting of the wetlands restoration area.
The Sponsor has general liability insurance in the amount of $1,000,000 for each
occurrence, $2,000,000 for subsequent occurrences, and $1,000,000 of environmental
coverage. In addition, the Sponsor carries $1,000,000 of Director/Officers liability
insurance.
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Deep Creek Wetlands Mitigation Bank
Appendix G: Forms of Preservation Mechanism
See following Perpetual Easement, Piedmont Land Conservancy acceptance letter, and
Draft Perpetual Conservation Easement.
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