20081268 Ver 3_UMBI Modification Document_20170511

Neu -Con Stream and Wetland Umbrella Mitigation Bank
Tull -Wooten III Site
INSTRUMENT MODIFICATION
Neuse River Basin
HUC 03020202
Prepared by: Resource Environmental Solutions, LLC
Bank Sponsor: EBX-Neuse I, LLC
302 Jefferson Street, Suite 110
Raleigh, NC 27605
919-209-1056
fires
April 2017

Table of Contents
1 INTRODUCTION.....................................................................................................................1
1.1 Project Description........................................................................................................................1
1.2 Project Location............................................................................................................................1
1.3 Service Area..................................................................................................................................1
1.4 Identified Watershed Needs..........................................................................................................1
1.5 Purpose and Objectives................................................................................................................. 2
1.6 Technical Feasibility..................................................................................................................... 2
1.7 Site Ownership.............................................................................................................................. 2
2 QUALIFICATIONS..................................................................................................................3
2.1 Bank Sponsor................................................................................................................................3
2.2 Bank Sponsor Qualifications........................................................................................................ 3
3 EXISTING CONDITIONS........................................................................................................4
3.1 Existing Reach Conditions............................................................................................................4
3.2 Existing Jurisdictional Waters of the U.S..................................................................................... 5
3.3 Soil Survey....................................................................................................................................6
3.3.1 General Physiographic and Geologic Characteristics......................................................... 6
3.3.2 Site Mapped Soil Series......................................................................................................... 6
3.4 Endangered/Threatened Species................................................................................................... 6
3.5 Vegetation and Wildlife................................................................................................................ 7
3.6 Cultural Resources........................................................................................................................ 7
3.7 Constraints.................................................................................................................................... 7
3.8 Site Photographs........................................................................................................................... 8
................................................................................................................................................................... 9
4 PROPOSED BANK CONDITIONS........................................................................................10
4.1 Conceptual Mitigation Plan........................................................................................................10
4.1.1 Project Development...........................................................................................................10
4.1.2 Stream Restoration and Enhancement................................................................................10
4.1.3 Monitoring..........................................................................................................................12
5 BANK ESTABLISHMENT AND OPERATION.....................................................................13
5.1 Establishment and Operation of the Bank...................................................................................13
5.2 Proposed Credit Release Schedule..............................................................................................13
5.2.1 Initial Allocation of Released Credits.................................................................................14
5.2.2 Subsequent Credit Releases................................................................................................15
5.3 Financial Assurances..................................................................................................................15
5.4 Proposed Ownership and Long -Term Management...................................................................15
5.5 Assurance of Water Rights.........................................................................................................15
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List of Figures
Figure 1. Project Vicinity Map
Figure 2. USGS Topographic Map
Figure 3. Aerial Photography Map
Figure 4. Landowner Map
Figure 5. Soils Map
Figure 6. NWI Wetlands Map
Figure 7. Constraints Map
Figure 8. Conceptual Design Plan
Appendix — Landowner Authorization Forms
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I INTRODUCTION
1.1 Project Description
The Tull Wooten III Mitigation Site (the "Site") is located in Kinston, NC and contains six parcels totaling
643 -acres in Lenoir County, NC. The Site will involve the restoration, enhancement, and preservation of
five unnamed tributaries to the Neuse River. The Site was identified by EBX-Neuse 1, LLC as having
potential to help meet the compensatory mitigation requirements for stream impacts in hydrologic unit
03020202 of the Neuse River Basin. The Site provides 37.6 acres of proposed conservation easement and
is adjacent to the existing 187.2 acre Tull -Wooten and Tull-wooten II Wetland Preservation Sites.
The conceptual design presents 7,686 linear feet of stream mitigation generating 4,484 Stream Mitigation
Units (SMU). In addition to the stream restoration, the Site is proposing to provide nutrient offset mitigation
and riparian buffer mitigation through the NC Division of Water Resources (DWR) Neuse Riparian Buffer
Mitigation program. The buffer and nutrient offset mitigation will be developed through a separate banking
instrument.
1.2 Project Location
The Site is located in Lenoir County in Kinston, NC (Figures 1 and 2). The GPS coordinates of the site are
35.2573°N and -77.5434°W. To access the site from the town of Kinston, head east on E Washington
Avenue for approximately 0.7 miles until it turns into Tower Hill Road. Continue on Tower Hill Road for
approximately 1.1 miles, and then turn right into the driveway at 2715 Tower Hill Road. This property
provides access to the Site.
1.3 Service Area
The Site is located within the Neuse River Basin (8 -digit USGS HUC 03020202, 14 -digit USGS
03020202060040). This proposed Site will result in significant ecological improvements including water
quality improvement, habitat restoration, and a decrease in non -point source pollution from agricultural
practices.
The Site's watershed is primarily rural and the project parcels have been in agricultural use for several
decades (Figure 3). Water quality stressors currently affecting the Site include row crop production and
excessive channel degradation/aggradation. There are no current conservation easements or options that
conflict with the proposed mitigation bank.
The project stream reaches are tributaries that flow directly into the Neuse River and its connected swamps.
This segment of the Neuse River has a DWR primary classification of C and a supplemental classification
of Nutrient Sensitive Waters (NSW). Class C waters are defined by DWR as waters protected for secondary
recreation, fishing, wildlife, fish consumption, aquatic life, and maintenance of biological integrity. The
supplemental classification of NSW is defined by DWR as waters needing additional nutrient management
due to being subject to excessive growth of microscopic or macroscopic vegetation.
1.4 Identified Watershed Needs
The North Carolina Division of Mitigation Services (DMS) develops River Basin Restoration Priorities
(RBRP) to guide its restoration activities within each of the state's 54 cataloging units. The 2010 Neuse
River Basin RBRP identified several restoration needs for the entire Neuse River Basin, as well as for HUC
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03020202, specifically. Goals include promoting nutrient and sediment reduction in agricultural areas by
restoring and preserving streams, wetlands, and riparian buffers as well as protect, augment, and connect
conservation lands.
The proposed Site is designed to help meet these goals. The project will address stressors identified in the
watershed through nutrient removal, sediment removal, runoff filtration, and improved aquatic and
terrestrial habitat. These project goals will be achieved through stream preservation, enhancement, and
restoration. In addition, the proposed site is designed to be contiguous to the existing Tull -Wooten
Preservation Site that currently contains approximately 187.2 acres of wetland conservation easement.
1.5 Purpose and Objectives
The purpose of the proposed Site is to generate compensatory mitigation credits for inclusion in the Neu -
Con Umbrella Mitigation Bank in hydrologic unit 03020202 of the Neuse River Basin.
The project goals address stressors identified in the watershed, and include the following:
• Nutrient removal,
• Sediment reduction,
• Invasive species treatment,
• Filtration of runoff,
• Wildlife corridor enhancement and preservation, and
• Improved aquatic and terrestrial habitat.
The project goals will be addressed through the following project objectives:
• Treatment of exotic invasive species,
• Restoration of riparian forested stream buffers
• Stabilization of eroding stream banks due to lack of vegetation and livestock hoof shear,
• Addition of large woody debris such as log vanes, log weirs, and root wads, and
• Restoration of appropriate pattern, dimension, and profile in stream channels.
The proposed Site will provide numerous ecological and water quality benefits within the Neuse River
Basin. These benefits are not limited to the project area, but have more far-reaching effects throughout the
Neuse River. The Site will provide improvements to water quality, hydrologic function, and habitat.
1.6 Technical Feasibility
The technical feasibility of the bank is assured due to EBX-Neuse I, LLC's extensive experience with
stream and wetland restoration and enhancement in North Carolina and throughout the Southeast. Examples
of EBX-Neuse I, LLC's success with stream restoration and enhancement include Neu -Con Umbrella
Mitigation Bank sites: Gregory, Nahunta, Buffalo Branch, and Selma Mill Sites. The absence of fatal flaws
such as hydrologic trespass, and the absence of threatened and endangered species and their habitats mean
the project is unlikely to be impeded by resource issues, or by objections from landowners.
1.7 Site Ownership
The land required for the construction, management, and stewardship of this mitigation project includes
portions of the parcels listed in Table 1. A landowner map is also provided in Figure 4. EBX-Neuse I,
LLC has obtained easement agreement options on all required parcels.
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Table 1. Site Ownership
Landowner
Pin
County
Deed Book
and Page
Number
Parcel
Acreage
Protected
Acreage
Telephone:
4535-72-2539
Lenoir
1266-902
198.2
14.7
4535-51-8454
Lenoir
1266-902
68.3
2.4
4535-40-6844
Lenoir
1266-902
55.4
5.1
Perry Brothers
4535-31-5088
Lenoir
1266-902
274.2
5.6
Properties, LLC
4535-42-5024
Lenoir
1266-902
35.4
8.5
4535-42-3982
Lenoir
1544-713
11.1
1.3
2 QUALIFICATIONS
2.1 Bank Sponsor
The Site shall be established under the terms and conditions of the Neu -Con Umbrella Mitigation Bank
made and entered into by EBX Neuse I, LLC, acting as the Bank Sponsor.
Company Name:
EBX-Neuse I, LLC
Company Address:
302 Jefferson Street, Suite 110, Raleigh, NC 27605
Contact Name:
Daniel Ingram
Telephone:
[phone]
Email:
[e-mail]
2.2 Bank Sponsor Qualifications
Resource Environmental Solutions, LLC (RES) was founded in February 2007 and grew organically from
its roots restoring Louisiana wetlands to deliver mitigation solutions across Louisiana, Texas, Pennsylvania,
West Virginia, Maryland, Virginia, North Carolina and South Carolina. In December 2014, RES acquired
industry pioneer Environmental Banc & Exchange, LLC (EBX) and EBX-Neuse I, LLC (a partnership),
expanding the RES knowledge base and geographic and technical delivery capabilities.
RES develops and supplies ecological offsets to help public and private sector clients obtain required
permits for unavoidable, project -related impacts to wetlands, streams, and habitats. RES helps clients
proactively manage risk from operations in environmentally sensitive areas by providing proactive impact
analyses, streamlining permitting processes, and limiting liability and regulatory exposure.
• RES is the premier provider of ecological offset solutions in the US
• RES founded in 2007 / EBX founded in 1997
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a 110 mitigation sites permitted/in process
a Conservation easements protecting roughly 400 sites
• 32,000 restored wetland acres
• 4,000 acres of custom mitigation solutions
• 155 miles of stream restoration
• Reduced over 240 tons of nutrients
• Rehabilitated and preserved over 3,700 acres of endangered species habitats
In North Carolina, RES and its affiliated companies have won over $70 million in mitigation contracts with
North Carolina state agencies. With a regional office in Raleigh staffed with full-time professionals, RES
has the ability to carry out existing projects, as well as secure and carry out new projects and banks in the
State. A few representative projects implemented by RES are presented below.
Neu -Con Umbrella Mitigation Bank (North Carolina): One of the first approved wetland and stream
banks in North Carolina. The service area of the Bank is the entire Neuse River Basin. The Bank was
established in April 2001. Initial contract: 22,964 linear feet of stream mitigation units (SMU) sold to
North Carolina DOT based on credits produced from 3 stream restoration sites (initiated November
2000; sold all credits in November 2000; design initiated December 2001; construction completed on
all sites Spring 2005; monitoring completed on all sites in Fall 2009). Additional sites added starting in
2008.
Chesapeake Wetland Mitigation Bank (City of Chesapeake, Virginia): 545 -acre wetland mitigation
bank in the Lower James Watershed in Virginia. The service territory of the Bank includes RUCs
02080206 and 02080208. The Bank was established in July 2009. The remainder of the 1,156 -acre
property will be sold to the Great Dismal Wildlife Refuge (MBI finalized Spring 2009; construction
completed Spring 2011; in the monitoring phase).
Conoconnara Swamp Site (Halifax County, North Carolina): 87.0 WMU of wetland restoration and
5,050 SMU of stream restoration (initiated July 2005; construction completed Spring 2007; monitoring
completed Fall 2011).
3 EXISTING CONDITIONS
3.1 Existing Reach Conditions
Reach TWI
Reach TW 1 begins below an existing agricultural road along the western end of the project and flows in a
southerly direction towards the Neuse River floodplain. Upstream of the road crossing, two intermittent
streams confluence to form this perennial stream feature. Immediately downstream of the crossing, the
upper end of TW 1 flows through a narrow, valley for approximately 500 feet before flattening out in a
bottomland hardwood forest along the Neuse River floodplain before its confluence with a large wetland
slough along the floodplain of the Neuse River. Common tree species include: blackgum (Nyssa
sylvatica), red maple (Acer rubrum), and water oak (Quercus nigra).
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Reach TW2-a
Reach TW2-a originates in a disturbed forest before crossing an existing agricultural road and flowing
south through an active row -crop field. This perennial stream has been relocated to the valley edge and
the small forested patch at the upstream end is densely populated with invasive species, such as Chinese
privet (Ligustrum sinense) and autumn olive (Eleagnus umbellata). Once leaving the small forested area
the rest of the stream is completely devoid of a riparian buffer due to row -crop production abutting the
stream on both sides. The stream shows active signs of widening and down -cutting before its confluence
with Reach TW3.
Reach TW2-b
Reach TW2-b begins below the confluence of Reach TW2-a and Reach TW3 and drains to the Neuse
River floodplain. The upper end of Reach TW2-b is oversized, has down -cut to bedrock along the
majority of its length, and does not actively access its floodplain. As the reach quickly drops to the
floodplain of the Neuse River, the channel meanders through a mature bottomland forest before its
confluence with a large wetland slough. Common tree species include: blackgum, red maple, and water
oak. An existing culvert crossing along this reach was destroyed during Hurricane Matthew in October
2016. Chinese privet and autumn olive are prevalent throughout the understory.
Reach TW3
Reach TW3 is an intermittent stream feature that originates in an agricultural field and flows to the west
before its confluence with Reach TW2-a. The channel is oversized, does not actively access its floodplain,
and has been historically relocated to facilitate agricultural practices. The stream buffer is in active row -
crop production along both stream banks.
Reach TW4
Reach TW4 originates as an intermittent channel in the center of the project area and transitions to a
perennial stream as it approaches a steep drop to the Neuse floodplain. The reach has an intact buffer
throughout its length. Common tree species along the steeper slopes of the valley include; American
beech (Fagus grandifolia), American hornbeam (Carpinus caroliniana), and sweet gum (Liquidambar
styraciflua). As the channel flattens out into the floodplain, bottomland hardwood species become more
prevalent.
Reach TW5
Reach TW5 originates in a disturbed, forested area before flowing south through an active row -crop field.
The majority of the stream is completely devoid of a riparian buffer and has been historically
straightened. The channel has also undergone severe aggradation as it approaches the Neuse floodplain.
3.2 Existing Jurisdictional Waters of the U.S.
Detailed wetland delineation has not been performed. The Site will be delineated and approved by the
USACE during the decision phase of the project. The stream channels were classified using North Carolina
Division of Water Quality methodology.
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3.3 Soil Survey
3.3.1 General Physiographic and Geologic Characteristics
The Site is located in the Southeastern Floodplains and Low Terraces level IV ecoregion within the
Southeastern Plains level III ecoregion. Dominated by large rivers, backwaters, swamps, and oxbow lakes,
this ecoregion is composed primarily of alluvium and terrace deposits of sand, clay, and gravel. Due to
regular flooding, this region is comprised of both blackwater and brownwater floodplains that often exhibit
bottomland hardwood and swamp forests. This region contains valuable habitat and provides important
wildlife corridors. (USEPA)
3.3.2 Site Mapped Soil Series
Site soils are mapped by the NRCS as Chewacla, Kalmia, Kinston, and Lumbee, on the low-lying
depressions and floodplains at the proposed project. Chewacla and Kinston occur as loam and are frequently
flooded, Kalmia is a loamy sand with 2 to 6 percent slopes, and Lumbee is a sandy loam with nearly level
slopes.
Soils that occur on uplands and high stream terraces at the site are mapped as Craven, Kenansville,
Lakeland, Norfolk, Pactolus, and Wagram. Craven is a fine sandy loam with 4 to 8 percent slopes,
Kenansville is a loamy sand with 0 to 6 percent slopes, and Lakeland is a sand with 0 to 6 percent slopes.
Norfolk, Pactolus, and Wagram soils are all loamy sands with slopes ranging from 0 to 10 for Norfolk,
nearly level for Pactolus, and 10 to 15 for Wagram (Figure 5).
3.4 Endangered/Threatened Species
Plants and animals with a federal classification of endangered or threatened are protected under provisions
of Sections 7 and 9 of the Endangered Species Act of 1973, as amended. The US Fish and Wildlife Service
(USFWS) database (accessed 5 April 2017) lists one endangered species for Lenoir County, North Carolina.
The species is the Red -cockaded woodpecker (Picoides borealis) and it has a historic record status. The
USFWS also lists one threatened species for Lenoir County. The species is the Sensitive joint -vetch
(Aeschynomene virginica) and it also has a historic record status (Table 2). The Bald eagle (Haliaeetus
leucocephalus) is protected under the Bald and Golden Eagle Protection Act (BGPA) and prohibits take of
bald and golden eagles. No protected species or potential habitat for protected species was observed during
preliminary site evaluations.
In addition to the USFWS database, the most recent (January, 2017) NC Natural Heritage Program (NHP)
GIS database was consulted to determine whether previously cataloged occurrences of protected species
are mapped within one mile of the Site. Results from NHP indicated that there are four element
occurrences of animals within a one -mile radius of the project area. Three occurrences maintain historical
status (EO IDs 23383, 31774, 34473), and one occurrence maintains a current status (EO ID 18289).
Based on initial site investigations, no impacts to federally protected species are anticipated as a result of
the proposed project.
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The environmental screening phase of the project will include USFWS and NHP coordination to confirm
these findings.
Table 2. Federally Protected Species in Johnston County
Common Name
Scientific name
Federal
Status
Habitat
Present
Record
Status
Vertebrate:
Bald eagle
Haliaeetus leucocephalus
BGPA
Yes
Current
Red -cockaded woodpecker
Picoides borealis
E
No
Historic
Vascular Plant:
Sensitive joint -vetch Aeschynomene virginica T No Historic
E = Endangered; T = Threatened; BGPA = Bald and Golden Eagle Protection Act
3.5 Vegetation and Wildlife
Current land use around the Site is primarily forest and row crop. There are low-density residential lots,
maintained vegetation, and two-lane roads also present in the immediate project vicinity. Immediately
downstream of the project area are two existing conservation easements.
National Wetland Inventory (NWI) mapping depicts wetlands throughout the project area (Figure 6).
During the initial evaluation, riparian wetlands were identified along the Neuse River floodplains and
associated sloughs. All project stream reaches discharge to these wetlands. All potential wetland areas in
the project corridors will be delineated during the mitigation plan phase of the project.
3.6 Cultural Resources
A review of North Carolina State Historic Preservation Office (SHPO) GIS Web Service (accessed 5 April
2017) database revealed one potentially eligible historic area in the proposed project area. The area known
as Battle of Kinston Area #5 (ID: LR1442) is mapped in the easternmost segment of the proposed easement.
The area is not on the National Registrar, but is on the Study List. No other listed or potentially eligible
historic or archeological resources were revealed in the proposed project area. The environmental screening
phase of the project will include SHPO coordination to confirm these findings.
3.7 Constraints
Minimal constraints are present or proposed on the Site. Portions of project streams within the project area
are within a mapped FEMA 100 -year floodplain. (Figure 7). RES will conduct a FEMA flood study to
obtain either a No -Rise Certification or CLOMR/LOMR from the Lenoir County floodplain administrator.
Construction access is slightly constrained in some areas by existing mature hardwood vegetation. A tree
survey will be conducted to design the mitigation measures and access to minimize impacts to specimen
trees.
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3.8 Site Photographs
Looking downstream along Reach TW I.
04/03/2017
Looking downstream along Reach TW2-a.
04/03/2017
Bottom end of TW2-b before confluence with
slough. 04/03/2017
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Looking uptream along Reach TW L
04/03/2017
Looking upstream along Reach TW2-a.
04/03/2017
Reach TW2-b along Neuse floodplain.
04/03/2017
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Reach TW3 approaching stream origin point.
04/03/2017
Reach TW4 approaching stream origin point.
04/03/2017
Severe channel aggradation along Reach TW5
04/03/2017
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Reach TW4 at transition point towards Neuse
floodplain. 04/03/2017
Looking upstream along Reach TW5.
04/03/2017
Existing conservation easement area for Tull -
Wooten I and II phases. 04/03/2017
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4 PROPOSED BANK CONDITIONS
4.1 Conceptual Mitigation Plan
The Site presents the opportunity to provide up to 4,484 stream mitigation units. These will be derived from
Restoration, Enhancement Level I, and Preservation. Table 3 details the mitigation types and SMUs
generated. The proposed conceptual design plan is shown in Figure 8.
Table 3. Proposed Mitigation Summary
Reach
Mitigation Type
Length (LF)
Ratio
SMUs
TW1
Preservation
1,393
10:1
139
TW2-a
Restoration
1,068
1:1
1,068
TW2-b
Enhancement I
1,380
1.5:1
920
TW3
Restoration
496
1:1
496
TW4
Preservation
1,654
10:1
165
TW5
Restoration
1,695
1:1
1,695
Total
7,686
4,484
4.1.1 Project Development
Proposed mitigation for the Site involves Restoration, Enhancement Level I, and Preservation. The stream
system is situated on five unnamed tributaries to the Neuse River. Current stream conditions along the
proposed restoration reaches demonstrate significant habitat degradation as a result of impacts from
livestock, row crop production, and historic land uses.
The proposed mitigation approach is based on functional considerations, and generally accepted practices
in North Carolina. Restoration reaches will typically include a meandering single -thread stream pattern
constructed to mimic the natural planform of a low -gradient, sand/gravel bed channel. Proposed sinuosity
will depend on local reference reach conditions and hydrologic and hydraulic modeling. As a result of the
restoration of planform and dimension, periodic flooding and restored riparian buffer will provide the
appropriate hydrology and sediment transport throughout this catchment (mitigation ratio 1:1).
Enhancement Level I treatments include improvements to channel dimension and profile, livestock
exclusion, revegetation of riparian buffers, and invasive species control. (mitigation ratio 1.5:1). Stream
preservation protects stream channels and their riparian buffers to allow high quality aquatic habitat to be
protected (mitigation ratio 10:1).
4.1.2 Stream Restoration and Enhancement
Stream restoration efforts will be accomplished through analyses of geomorphic conditions and watershed
characteristics. The design approach will apply a combination of analytical and reference reach based
design methods that meet objectives commensurate with both ecological and geomorphic improvements.
Proposed treatment activities may range from minor bank grading and planting to re-establishing stable
planform and hydraulic geometry. For reaches requiring full restoration or extensive enhancement, natural
design concepts will be applied and verified through rigorous engineering analyses and modeling. The
objective of this approach is to design a geomorphically stable channel that provides habitat improvements
and ties into the existing landscape.
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Table 4. Existing Morphological Parameters of Proposed Restoration Reaches
Reach
TW2-a
TW3
TW5
Bankfull Width (ft)
6.4
4.4
5.9
Cross -Sectional Area (ft)
8.5
7.2
8.3
Mean Depth (ft)
1.3
1.7
1.4
Max Depth (ft)
2
2
2.5
Width/Depth Ratio
4.8
2.6
4.1
Wetted Perimeter (ft)
8
7.1
8.7
Hydraulic Radius (ft)
1.1
1
1
The Site design approach will begin with a thorough study of existing conditions, including the on-site
streams and ditches, valleys, and watershed. Design parameters, including active channel, habitat and
floodplain features will be developed from analysis of suitable reference streams. Analytical design
techniques will be an important element of the project, and will be used to determine the design discharge
and to verify the design as a whole.
Engineering analysis will be performed using various hydrologic and hydraulic models to verify the
reference reach -based design. A combination of methods, including HEC -HMS, Hydraflow Hydrographs,
and flood frequency analysis, will be used to calculate flows received by the channel for bankfull and other
significant storm events. A HEC -RAS model will then be used to simulate water surface elevations of flows
generated by the hydrologic analysis. The development of the HEC models is an important component to
the design; therefore, model input parameters are field verified when possible. Through this hydrologic
analysis, the design discharge (typically referenced as bankfull or dominant discharge) will be determined.
The subsequent design will be based on this calculated discharge. Design parameters developed through
the analyses of reference reach data and hydrologic and hydraulic modeling will be confirmed using the
Stable Channel Design function and/or the Sediment Transport Analysis components within HEC -RAS.
Engineering analyses are performed concurrently with geomorphic and habitat studies. While stream design
will be verified by simulations of hydrology and fluvial processes, analogs of desirable habitat features will
be derived from reference sites and integrated into the project design. Both in -stream and riparian habitat
features will be designed. In -stream structures such as root wads, rock vanes, and cross weirs will be used
throughout the project to act as grade control and for bank stabilization by dissipating and redirecting the
stream's energy. Bank stability may be further enhanced through the installation of brush mattresses and
cuttings bundles consisting of species such as black willow (Salix nigra), cottonwood (Populus deltoides)
and silky dogwood (Cornus amomum).
In -stream habitat is highly dependent on available cover and organic material. A quantitative habitat
assessment method will be used to measure type, location, and quantity of habitat in the reference streams.
During design, the habitat assessment results will be scaled appropriately to the design parameters such that
the quantity and placement of the habitat features along the restored channel will mimic reference
conditions. This process provides a natural channel design that addresses aquatic function improvements in
addition to stability.
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Stream banks will be stabilized using a combination of grading, erosion control matting, plantings, native
material revetment techniques (i.e., bioengineering), and structure placement. The stream and adjacent
riparian areas will be protected by a minimum 50 -foot permanent conservation easement which will be
fenced to exclude livestock as needed. In most areas the riparian buffer width will exceed 100 feet on each
bank.
4.1.3 Monitoring
Stream stability and vegetation survival will be monitored across both the restoration and enhancement
areas of the site to determine the success of the stream and buffer mitigation. Stream stability will be
monitored with cross section surveys and visual assessment stream walks. Vegetation survival rates will be
monitored using vegetation plots over approximately two percent of the planted area.
4.1.3.1 As -Built Survey
An as -built survey will be conducted following construction to document channel size, condition, and
location on constructed or modified channels. The survey will include a complete profile of thalweg, water
surface, bankfull, and top of bank to compare with future geomorphic data. Longitudinal profiles will not
be required in annual monitoring reports unless requested by the Interagency Review Team (IRT).
4.1.3.2 Visual Monitoring
Visual monitoring of all mitigation areas will be conducted a minimum of twice per monitoring year by
qualified individuals. The visual assessments will include vegetation density, vigor, invasive species, and
easement encroachments. Visual assessments of stream stability will include a complete streamwalk and
structure inspection. Digital images will be taken at fixed representative locations to record each monitoring
event, as well as any noted problem areas or areas of concern. Results of visual monitoring will be presented
in a plan view exhibit with a brief description of problem areas and digital images.
4.1.3.3 Cross Sections
Permanent cross-sections will be installed at a minimum of one per 20 bankfull widths with half in pools
and half in shallows. All cross-section measurements will include bank height ratio and entrenchment ratio.
Cross-sections will be monitored annually. There should be little change in as -built cross-sections. If
changes do take place, they should be evaluated to determine if they represent movement toward a less
stable condition (for example down -cutting or erosion), or are minor changes that represent an increase in
stability (for example settling, vegetative changes, deposition along the banks, or decrease in width/depth
ratio). Bank height ratio shall not exceed 1.2, and the entrenchment ratio shall be no less than 2.2 within
restored reaches. Channel stability should be demonstrated through a minimum of four bankfull events
documented in the seven-year monitoring period.
4.1.3.4 Vegetative Success Criteria
Vegetation monitoring plots will be a minimum of 0.02 acres in size, and cover approximately two percent
of the planted area. The following data will be recorded for all trees in the plots: species, height, planting
date (or volunteer), and grid location. Monitoring will occur each year during the monitoring period. The
interim measures of vegetative success for the site will be the survival of at least 320 planted three-year old
trees per acre at the end of Year 3 and 260 five-year old trees per acre at the end of Year 5. The final
vegetative success criteria will be the survival of 210 trees per acre with an average height of 10 feet at the
Tull -Wooten III Mitigation Site INSTRUMENT MODIFICATION
Neu -Con Umbrella Bank 12 April 2017

end of Year 7 of the monitoring period. Invasive and noxious species will be monitored and controlled so
that none become dominant or alter the desired community structure of the site. If necessary, EBX-Neuse
I will develop a species-specific control plan.
4.1.3.5 Adaptive Management
The Mitigation Plan will include a detailed adaptive management plan that will address how potential
problems are resolved. In the event that the site, or a specific component of the site, fails to achieve the
defined success criteria, EBX-Neuse I will develop necessary adaptive management plans and/or implement
appropriate remedial actions for the site in coordination with the IRT. Remedial actions will be designed to
achieve the success criteria specified previously, and will include identification of the causes of failure,
remedial design approach, work schedule, and monitoring criteria that will take into account physical and
climatic conditions. If tree mortality affects 40 percent or greater of the canopy in a stream or wetland
restoration area, then a remedial/supplemental planting plan will be developed and implemented for the
affected area(s).
5 BANK ESTABLISHMENT AND OPERATION
5.1 Establishment and Operation of the Bank
This Bank Parcel shall be established under the terms and conditions of the Neu -Con Umbrella Mitigation
Bank made and entered into by and among EBX-Neuse I, LLC, and the U.S. Army Corps of Engineers and
the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the National Marine
Fisheries Services, the North Carolina Department of the Environment and Natural Resources, the North
Carolina Division of Water Resources, and the North Carolina Wildlife Resources Commission,
collectively, the Interagency Review Team.
5.2 Proposed Credit Release Schedule
All credit releases will be based on the total credit generated as reported by the as -built survey of the
Mitigation Site. The pre -construction credit release (15 percent) will be based on the credit total in the Final
Mitigation Plan. The second credit release will be based on the As -Built survey, and will adjust the total
released credits based on the actual constructed channel lengths. Under no circumstances shall any
mitigation project be debited until the necessary DA authorization has been received for its construction or
the District Engineer (DE) has otherwise provided written approval for the project in the case where no DA
authorization is required for construction of the mitigation project. The DE, in consultation with the
Interagency Review Team, will determine if performance standards have been satisfied sufficiently to meet
the requirements of the release schedule below. In cases where some performance standards have not been
met, credits may still be released depending on the specifics of the case. At the direction of the DE, in
consultation with the IRT, monitoring may be required to be extended, depending on the extent to which
the site fails to meet the specified performance standard. The release of project credits will be subject to the
criteria described in Table 5.
Tull -Wooten III Mitigation Site INSTRUMENT MODIFICATION
Neu -Con Umbrella Bank 13 April 2017

Table 5. Stream Credit Release Schedule
Release
Credit Release Activity
Interim
Total Released
Milestone
Release
Site Establishment (includes all required criteria
15%
15%
1
stated above)
Baseline Monitoring Report and As -built Survey
15%
30%
2
First year monitoring report demonstrates
°
10 /0
°
40/o
3
performance standards are being met.
Second year monitoring report demonstrates
°
10 /o
50%
4
performance standards are being met.
° *
(60 /o )
Third year monitoring report demonstrates
°
10%
60%
5
performance standards are being met.
° **
(70 /o )
6
Fourth year monitoring report demonstrates
°
5 /°
65%
performance standards are being met.
(80%**)
Fifth year monitoring report demonstrates
°
10 /o
75%
7
performance standards are being met.
° *
(85 /o )
8
Sixth year monitoring report demonstrates
°
5 /°
80%
performance standards are being met.
(90%**)
Seventh year monitoring report demonstrates
90%
9
performance standards are being met, and project
10%
has received close-out approval.
(100%**)
* * 10% reserve of credits to be held back until the bankfull event performance standard has been met.
5.2.1 Initial Allocation of Released Credits
The initial allocation of released credits, as specified in the mitigation plan can be released by the IRT
with written approval of the DE upon satisfactory completion of the following activities:
1. Approval of instrument modification by the DE, in consultation with the IRT;
2. Approval of a final Mitigation Plan;
3. Confirmation that the Bank site has been secured;
4. Delivery of executed financial assurances as specified in the Mitigation Plan;
5. Delivery of a copy of the recorded long-term protection mechanism as described in the
Mitigation Plan, as well as a title opinion covering the property acceptable to the DE; and
6. Issuance of any DA permits necessary for construction of the Bank site (if necessary).
Tull -Wooten III Mitigation Site INSTRUMENT MODIFICATION
Neu -Con Umbrella Bank 14 April 2017

5.2.2 Subsequent Credit Releases
The second credit release will occur after the completion of implementation of the Mitigation Plan and
submittal of the Baseline Monitoring Report and As -built Survey. All subsequent credit releases must be
approved by the DE, in consultation with the IRT, based on a determination that required performance
standards have been achieved. As projects approach milestones associated with credit release, the Sponsor
will submit a request for credit release to the DE along with documentation substantiating achievement of
criteria required for release to occur. This documentation will be included with the annual monitoring
report.
5.3 Financial Assurances
The Sponsor shall provide financial assurances in the form of a Performance Bond to the IRT sufficient to
assure completion of all mitigation work, required reporting and monitoring, and any remedial work
required. Financial assurances shall be payable at the direction of the USACE to his designee or to a standby
trust. Financial assurances structured to provide funds to the USACE in the event of default by the Bank
Sponsor are not acceptable. A financial assurance must be in the form that ensures that the USACE receives
notification at least 120 days in advance of any termination or revocation.
5.4 Proposed Ownership and Long -Term Management
EBX-Neuse I, LLC, acting as the Bank Sponsor, will establish a Conservation Easement, and will monitor
the Site for a minimum of seven years. The Mitigation Plan will provide detailed information regarding
bank operation, including long term management and annual monitoring activities, for review and approval
by the IRT. Upon approval of the Sites by the IRT, the site will be transferred to a long-term land steward
(to be determined in the Mitigation Plan). The long-term steward shall be responsible for periodic inspection
of the site to ensure that restrictions required in the Conservation Easement or the deed restriction
document(s) are upheld. Endowment funds required to uphold easement and deed restrictions shall be
negotiated prior to site transfer to the responsible party.
The Bank Sponsor will ensure that the Conservation Easement will allow for the implementation of an
initial monitoring phase, which will be developed during the design phase and conducted by the Bank
Sponsor. The Conservation Easement will allow for yearly monitoring and, if necessary, maintenance of
the Site during the initial monitoring phase. These activities will be conducted in accordance with the terms
and conditions of the Neu -Con Wetland and Stream Umbrella Mitigation Bank made and entered into by
EBX-Neuse I, LLC and USACE.
5.5 Assurance of Water Rights
Sufficient water rights exist to support the long-term sustainability of the site, as there are no "severed"
rights on the property.
Tull -Wooten III Mitigation Site INSTRUMENT MODIFICATION
Neu -Con Umbrella Bank 15 April 2017

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Ehh� t C
LANDOWNER AUTHORIZATION FORM
Site: Tull -Wooten III Site
19 11;1019 01 114 &V M Diff.3 a 11*144RIIIM A
Lenoir County Parcel ID Number: ) 4535-42-5024, 4535-31-5088, 4535-42-3982, 4535-51-8454,
4535-72-2539, and 4535-40-6844 in Lenoir County North Carolina as shown on Exhibit A
Street Address: 2915 Tower Hill Road, Kinston, NC shown on Exhibit A
Property Owner (please prim): Perry Brothers Properties, LLC
I ne unaersignea; registered property owner-ks) of the above property- do hereby authorize
EBX, Neuse I, LLC, Resource Environmental Solutions ("RES"), the NC Department of
ERS:anti NaMrzil KC.u__r v.. a.11$ IRC U5 A..-.i.J CurV3 of L'.-S.a.CCau; inc-..- 49 ... t,luJCC.,
agents or assigns to have reasonable access to the above referenced property for the evaluation of
ine property as a potential stream_ wetland and/or riparian buffer mitigation project, including
conducting stream and/or wetland determinations and delineations.
r. ot,ca tJ O 7 C;, .(.) AMI Co.: 315 rl-Za LH r Y.; n-MiC I
Kinston, NC 27501
Property Owner Telephone Number: 252-523-5107
I/We hereby certify the above j4ormation tie -tree a -,d accuratC to tnc nest of .—.,/our R.:owled�e.
Byt
AuthorizA Signature)
K
7
D ie)