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HomeMy WebLinkAbout20130412 Ver 1_Mitigation Bank Information_20130417201304 12 qoosm �AMtm r �90C Kulz, Eric From: Matthews, Monte K SAW [Monte.K.Matthews @usace.army.mil] Sent: Wednesday, April 17, 201312:57 PM To: Bryant, Shari L.; Kulz, Eric; Gledhill- eadey, Renee; John Ellis; bowers.todd@epa.gov Cc: Wilson, Travis W.; Pete_Benjamin @fws.gov; Higgins, Karen; Gibby, Jean B SAW; jhutton @wildiandseng.com; Williams, Andrew E SAW; Tugwell, Todd SAW; Matthews, Monte K SAW Subject: Mitigation Banks—dam removals—Hoosier Dam /Lower Swepsonville Dam (UNCLASSIFIED) Attachments: Hoosier Dam Draft Prospectus - with Figures.pdf; Lower Swepsonville Dam Draft Prospectus_ 4 -16 -2013 with Figures.pdf Classification: UNCLASSIFIED Caveats: NONE Hello Everyone, Attached you will find a Draft Prospectus for each of two respective mitigation banking proposals. Each of these proposals are for the removal of existing dams. One dam is from the Rocky River in Chatham County. This dam, known as the Hoosier Dam, backs water into Reeves Lake and is located about 5.5 miles upstream of the confluence with the Deep River. The second dam is the Lower Swepsonville Dam, located on the Haw River approximately 1 mile downstream of Swepsonville, in Alamance County, NC. The bank sponsors have provided these draft copies to solicit early comments from the Interagency Review Teams (IRT). This is an optional review period, and I commend the Sponsors for allowing the IRTs the opportunity for an early evaluation on their proposals. According to the 2008 Mitigation Rule, the Corps will distribute each Draft Prospectus to the IRT, and will provide comments back to the sponsors within 30 days. Because our clock is already ticking, I wanted to get this email out to you as soon as possible. I've talked briefly with ]ean, and it looks like Andy Williams (USACE) will Chair the IRT for the Lower Swepsonville proposal. She has not yet determined the Chair for the Hoosier project, but we should be able to let you know soon - until then, please feel free to contact me on anything with this one. She has asked that comments on each project be directed thru the applicable Chair so that no confusion between projects develop. On or before May 16th, 2013 (30 days), please let us know if your agency is interested in placing a representative(s) on each of these IRTs and who will serve in this capacity. Also, please send the appropriate USACE Chair any comments on these draft documents by May 16th. Due to the quick turnaround for comments, email is preferred. We will then forward all comments on each respective project to the sponsor and copy the Team members. We look forward to working with you on these projects. As always, let me know if you have any questions. Monte Monte Matthews Regulatory Project Manager US Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 1 919 - 554 -4884 x 30 S ' S We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http://Per2.nwp.usace.army.mil/survey.html Thank you for taking the time to visit this site and complete the survey. - - - -- Original Message---- - From: John Hutton jmailto :ihutton@wildlandsens.coml Sent: Tuesday, April 16, 2013 1:48 PM To: Gibby, Jean B SAW Cc: Tugwell, Todd SAW; Crumbley, Tyler SAW Subject: Mitigation Bank Prospectus Jean, I have attached two mitigation bank prospectuses for your review. These are both dam removal projects that I have been talking with Todd and Tyler about. Todd mentioned that there are some changes going on with USACE county assignments and suggested I just send these to you directly. He also said that he would catch up with you to give you some background on these proposed banks. The proposed Lower Swepsonville project is in the Cape Fear 02 basin in Alamance County on the Haw River. The proposed Hoosier Dam project is located in Chatham County on the Rocky River in the Cape Fear 03 basin. I would be happy to provide hard copies as a follow up to this email if you would like. Please let me know if you have any questions and I look forward to scheduling site visits. Thanks, John Hutton Wildlands Engineering, Inc. 5605 Chapel Hill Road Suite 122 Raleigh, NC 27607 Office: 919 - 851 -9986 Cell: 919- 723 -8203 www.wildlandseng.com <http: / /www.wildlandsene.com /> 2 20 1304 12 Hoosier Dam Mitigation Bank Chatham County, NC DRAFT Prospectus April 9, 2013 Prepared by: Wildlands Engineering, Inc. 1430 S Mint St, Suite 104 W I L D L A N D S Charlotte, NC 28203 ENGINEERING Phone: 704 - 332 -7754 Fax: 704 - 332 -3306 Bank Sponsor. 130 of Chatham, LLC 3409 Birk Bluff Court Cary, NC 27518 Phone: 919- 632 -0161 Fax: 828 - 707 -9413 5 Hoosier Dam Mitigation Bank Draft - Prospectus TABLE OF CONTENTS 1.0 Mitigation Bank Introduction and Objectives ......................... ............................... 1 1.1 Introduction ...................................................................................... ............................... 1 1.2 Bank Location ................................................................................... ............................... 2 1.3 Bank Objectives ................................................................................ ............................... 2 1.4 Qualifications of Bank Sponsor ........................................................ ............................... 3 2.0 Establishment and Operation of Mitigation Bank .................. ............................... 3 2.1 Ownership Agreements and Long -term Strategy ........................... ............................... 3 2.2 Proposed Service Area ...................................................................... ............................... 3 2.3 Need and Feasibility of Mitigation Bank .......................................... ............................... 4 3.0 Ecological Suitability of Site .......................................................... ............................... 5 3.1 Bank Site Characterization ............................................................... ............................... 5 3.2 Baseline Site Conditions ................................................................... ............................... 5 3.2.1 Existing Streams ........................................................................ ............................... 5 3.2.2 FERC License ............................................................................. ............................... 6 3.2.3 Existing Vegetation ................................................................... ............................... 6 3.2.4 Biological Assessment ............................................................... ............................... 6 3.2.5 Threatened and Endangered Species ....................................... ............................... 6 3.2.6 Cultural Resources ..................................................................... ............................... 7 4.0 Mitigation Work Plan ........................................................................ ..............................7 5.0 Determination of Mitigation Credits ........................................... ............................... 8 6.0 Maintenance and Long -term Sustainability ............................ ............................... 9 6.1 Maintenance ..................................................................................... ............................... 9 6.2 Long Term Management Provisions ................................................ ............................... 9 FIGURES Figure 1 Vicinity Map Figure 2 Location Map Figure 3 Service Area Map Figure 4 Aerial Photograph Figure 5 Conceptual Plan Hoosier Dam Mitigation Bank Draft - Prospectus The Bank Sponsor, 230 of Chatham, LLC, proposes to establish the Hoosier Dam Mitigation Bank (Bank) to provide compensatory stream mitigation credits to offset unavoidable impacts to jurisdictional streams authorized under Section 4oi and 404 of the Clean Water Act, and Section 20 of the Rivers and Harbor Act, and Section 62.2 - 44.25:20 of the Code of Virginia. The proposed Bank site is located on the Rocky River in Chatham County approximately 5 1/2 miles upstream of its confluence with the Deep River in Hydrologic Unit 03030003 (Figure 2). The Hoosier Dam Mitigation Bank (Bank) shall be planned and designed by Wildlands Engineering, Inc. ( Wildlands) in one phase encompassing the Hoosier Dam and a significant length of Rocky River and several tributaries upstream of the current dam. 1.0 Mitigation Bank Introduction and Objectives 1.1 introduction The Hoosier Dam is located on the Rocky River in Chatham County within the Cape Fear River Basin. The dam impounds approximately 22,425 feet of Rocky River and six perennial tributary streams. Prior to construction of Hoosier Dam, a boulder dam was installed on the Rocky River approximately 4,800 feet upstream of Hoosier Dam that created a smaller impoundment on the river (Figure 2). This historic boulder dam was inundated when the larger Hoosier Dam was constructed, but was left in place. The U.S. Fish & Wildlife Service (FWS) has designated sections of the Rocky River upstream and downstream from Hoosier Dam, as well as a section of Bear Creek just below the dam, as Critical Habitat for the Cape Fear Shiner, a federally listed endangered species (FWS, 2988). The non - impounded sections of the Rocky River and Bear Creek exhibit very high quality riverine habitat that supports a diverse collection of aquatic species including the Cape Fear Shiner and other species of concern. The dam represents a significant blockage to fish migration and as a result, FWS has documented declines in the disconnected population upstream of the dam (FWS, 2988). Removal of the blockage created by the dam to provide access to these high - quality reaches would be of substantial long -term benefit to these aquatic communities. The Hoosier Dam Mitigation Bank includes over 22,425 linear feet (LF) of the Rocky River and six perennial tributaries. The Bank will be created through the following river restoration activities: • De- watering of Reeves Lake, the impoundment created by Hoosier Dam • Development and implementation of a sediment removal management plan for the historically inundated areas of Rocky River and six tributaries • Seeding, planting, and stabilization of the historic riverbank and exposed soils as the water level in Reeves Lake drops to minimize sediment discharge to downstream reaches • Removal of the Hoosier Dam embankment, spillway, and adjacent powerhouse facility; and restoration of Rocky River at the dam site • Removal of the remnant rock dam that is located approximately, 4,80o feet upstream of Hoosier Dam (with reuse of the boulders for fish habitat enhancement measures) • Restore shallow water habitat for the Cape Fear shiner within the previously impounded 16,o6o linear feet (LF) of Rocky River and 6,365 LF of the six perennial tributaries • Continue efforts to preserve the existing forested riparian buffer along Rocky River Hoosier Dam Mitigation Bank Page i Draft - Prospectus 1.2 Bank Location The proposed Bank site (350 38' o8 "N, 79° 12'40"W) is located in Chatham County, along N.C. Highway 87 approximately 6 miles south of the of the Town of Pittsboro, North Carolina (Figure i). The subject site is located on the Rocky River approximately 5 2h miles upstream of its confluence with the Deep River (HUC 03030003). To access the site from Raleigh, drive south on US -iS for approximately 31 miles. Exit onto NC- 87N /US- i5N /US -5oiN /Hawkins Ave and drive north for approximately 6.2 miles. Turn left onto Walter Bright Road and proceed west for approximately 0.5 miles. Turn right to stay on Water Bright Road and proceed west for another o.6 miles. Turn right onto Asbury Church Road and proceed north for approximately o.6 miles. Turn left onto Mays Chapel Road and proceed north for approximately i.o mile. Turn right onto Woody Dam road and proceed for approximately 0.5 miles to the dam site on the right. 1.3 Bank Objectives The Bank will provide numerous ecological benefits within the Rocky River and Cape Fear River Basin. Expected improvements to aquatic species, aquatic habitat, water quality, and ecological processes from the Bank are listed below in Table is Table 1. Bank Goals and Methods of Achievement Hoosier Dam Mitiqation Bank Prospectus Restoration of passage for The dam embankment, spillway, and powerhouse will be removed and aquatic species passaqe will be restored foraquatic species. Restoration of the natural flow Once Reeves Lake is drained and the dam is removed, the natural flow regime of Rocky River regime of Rocky River will be restored. Restoration of currently The build -up of sediment within Reeves Lake will be removed once the inundated shallow water habitat lake is drained, and natural shallow water habitat preferred by the Cape for the Cape Fear shiner and Fear shiner will be restored on Rocky River and the lower reaches of six other aquatic species perennial tributaries. This may include in- stream structures to improve habitat diversity. Restoration of sediment supply Coarse and fine sediment has been captured in Reeves Lake due to and transport reduced flow velocities caused by the impoundment. Once the natural flow regime is re- introduced, a more natural sediment supply and transport will be restored within the inundated section of Rocky River and to downstream reaches of the Rocky River and the Deep River. Improved water quality and Seasonal thermal stratification within Reeves Lake has negatively affected decreased stream temperatures water temperatures and dissolved oxygen concentrations within the impoundment and downstream of Hoosier Dam. Excessive nutrients have resulted in algal blooms within Reeves Lake. Once the dam is removed and the natural flow regime is restored, these water quality impacts will be greatly reduced. Restoration of terrestrial habitat Adjacent buffer and riparian habitats will be restored with native vegetation as part of the project. Native vegetation will provide cover and food for terrestrial wildlife. Hoosier Dam Mitigation Bank + Page z Draft - Prospectus 1 1.4 Qualifications of Bank Sponsor Bank Sponsor and Contact Information: Bank Sponsor 230 of Chatham 3409 Birk Bluff Court Cary, NC 27528 Phone: gig- 632 -0262 Fax: 828 - 707 -9423 Attn: Tim Sweeney, Owner Email: bret@uniqueplacesllc.com Authorized Agent Wildlands Engineering, Inc. 2430 South Mint Street, Suite 204 Charlotte, NC 28203 Phone: 704- 332-7754 Fax: 704-332-3306 Attn: Shawn Wilkerson, President Email: swilkerson@wildlandseng.com 230 of Chatham, LLC, is private land holding company which focuses on the acquisition and restoration of property that possess high ecological values. As of February 2022, their land portfolio has eclipsed 22,000 acres and includes land in the mountain, foothill, piedmont and coastal regions of North Carolina. Over the last four years, 230 of Chatham has worked with Unique Places, LLC, a conservation focused real estate and land management company, to use and implement innovative techniques for restorative land management on their land holdings. Once a property is acquired, the project team completes a full ecological survey of community types, rare species survey, and forest management plan. The Bank Sponsor is working with Wildlands to develop and execute the dam removal and river restoration portion of the management plan for the Bank. Wildlands is a fully licensed engineering firm that offers professional services in North Carolina, South Carolina, Virginia and Georgia. Wildlands specializes in the design and permitting of stream and wetland restoration and mitigation with a particular focus on ecosystem renewal. Our diverse team of engineers, ecologists, biologists, and hydrologists has assessed over 250 miles of streams for restoration feasibility, designed and permitted over 75 miles of stream enhancement and restoration work, and managed construction on over 50 miles of restoration. 2.0 Establishment and Operation of Mitigation Bank 2.3 Ownership Agreements and Long -term Strategy The Bank Sponsor owns fee simple title for the Bank site, which also conveyed the dam, hydropower facility, hydropower license, and old boulder dam. Upon completion of the review process for the Bank Prospectus, the Sponsor will Submit a detailed mitigation plan and banking instrument for the Bank. The banking instrument will provide detailed information regarding bank operation including long term management. Once the final mitigation plan is approved and the accompanying instrument executed by members of the Interagency Review Team (IRT), the Sponsor will record a conservation easement for the limits of the Bank. 2.2 Proposed Service Area The Bank will be established to provide mitigation to compensate for impacts to Waters of the United States and/or State Waters within Cape Fear Hydrologic Unit (HU) 03030003, which includes portions of Chatham, Forsyth, Guilford, Alamance, Randolph, Montgomery, Moore, and Lee counties (Figure 3). HU 03030003 contains the urban areas southeast of the Triad, and lies along the US- 25/502 and US2/64 corridors. Population growth within Cape Fear subbasin 03 -06 -22 alone is expected to increase significantly over the next 20 years by approximately 220,00o people. The Bank will provide mitigation Hoosier Dam Mitigation Bank Page 3 Draft - Prospectus for unavoidable impacts to Waters of the U.S. and State Waters caused by development in support of this population growth. To date, Cape Fear HU 03030003 has traditionally experienced low to moderate demand for stream mitigation units. To help maintain the economic viability of the Bank, the proposed service area also contains portions of Cape Fear HU 03030004. HU 03030004 includes the urban growth area in southwest Wake County around Raleigh and Cary, and parts of Harnett and Wake counties. Historically, this portion of HU 03030004 has experienced moderate demand for stream mitigation units but has been underserved by existing stream mitigation banks. The boundary between these two HUs is arbitrary since this portion of HU 03030004 has similar physiographic characteristics (central Piedmont) as HU 03030003. Therefore, providing compensatory mitigation for this area of HU 03030004 by the Bank is consistent with regulatory policy. 2.3 Need and Feasibility of Mitigation Bank The Cape Fear shiner is a federally - listed endangered species that only occurs only in North Carolina. Based on the FWS 1988 Cape Fear Shiner Recovery Plan (Recovery Plan), only three critical habitat areas have been identified in Chatham, Lee, Randolph, Harnett, and Moore counties, North Carolina: (1) a 4.1 mile reach of the Rocky River upstream of Hoosier Dam; (2) 7.3 miles of the Rocky River and Deep River downstream of Hoosier Dam, which includes 0.5 miles of Bear Creek; and (3) 1.5 miles of Fork Creek. These isolated populations and the limited critical habitat areas put the Cape Fear shiner at serious risk for long -term survival. Critical habitat areas #1 and #2 above are separated only by Hoosier Dam and its impoundment, Reeves Lake (Figure 4). Therefore, construction of Hoosier Dam has had two significant impacts on the Cape Fear shiner. First, the dam creates a blockage to fish movement that has disconnected two of the three critical habitat areas and prevents interaction between the two resident populations. Secondly, the impoundment caused by the dam inundates the shallow, rocky riverine habitat preferred by the Cape Fear shiner. The Recovery Plan states that dam construction in the Cape Fear River system has probably had the most serious impact on the species. A primary goal of the Recovery Plan is to re- establish the Cape Fear shiner into historic habitat. By removing Hoosier Dam and restoring the shallow water habitat preferred by the Cape Fear shiner, the Bank will play an important role in expanding its habitat and helping to strengthen the population that exists on Rocky River, Bear Creek, and Deep River. Every two years, the NCDWQ publishes a list of impaired water bodies according to the Clean Water Act (Section 303(d)) and 40 CFR '130.7, known as the 303(d) list. The list is a comprehensive public accounting of all water bodies that do not meet water quality standards including designated uses, numeric and narrative criteria, and anti - degradation requirements defined in 40 CFR 130.7. Standards violations may be due to a single or multiple pollutants; and the source of impairment could be from point sources and /or nonpoint sources. North Carolina's methodology is strongly based on aquatic life use support guidelines. The 2012 303(d) list identifies Reeves Lake as "water quality limited" due to chlorophyll a, which is an indicator of excessive algal growth resulting from high nutrient loads flowing into the lake. The water quality within Reeves Lake varies seasonally, with low dissolved oxygen, elevated fecal coliform levels, stratified temperatures, and critically high chlorophyll a levels during the summer due to warmer temperatures and lower river base flow. Releases from Hoosier Dam during this season can degrade water quality downstream in the Rocky River and Deep River. By removing the dam and the impoundment, the Bank will significantly improve water quality within this reach of Rocky River and to downstream reaches of the Rocky River and Deep River. Hoosier Dam Mitigation Bank Page 4 Draft - Prospectus 3.0 Ecological Suitability of Site 3.1 Bank Site Characterization Hoosier Dam and Reeves Lake are located within the Piedmont physiographic region and the Carolina Slate Belt, which is characterized by low summertime base flows. The Rocky River originates in the eastern portion of Forsyth County and flows southeast through Guilford, Randolph, Chatham, and Lee counties before its confluence with the Deep River. The Bank has a watershed area of approximately 200 square miles at Hoosier Dam. The Bank is located within Cape Fear River subbasin 03 -06 -12 (NCDWQ 2005). The population within the subbasin in Year 2000 was approximately 20,00o residents. Land use within the subbasin is predominately forest (70 percent) and agriculture (27 percent), with less than 2 percent urban development. Hoosier Dam is a concrete buttress dam with an attached hydroelectric powerhouse. The dam was built in 1922, and is constructed of reinforced concrete, with a total length (including the powerhouse), of 235 feet and an average height of 25 feet. The hydroelectric facility at Hoosier Dam contains three small turbines that were operated by Hoosier Hydroelectric, Inc., as a small renewable energy producer. In October, 2012, the renewable energy contract with Progress Energy Carolinas was terminated. Land use directly adjacent to the Bank is predominantly undisturbed woodland, with areas of pasture and pine plantations (Figure 4). The entire Site impoundment is bordered by a mature riparian buffer that varies in width from 40 feet to over 200 feet. Hoosier Dam and Reeves Lake are responsible for the loss of natural flow regime and shallow water habitat to approximately 22,425 linear feet of stream ecosystem (16,060 linear feet within the Rocky River and 6,365 linear feet of perennial tributaries). 3.2 Baseline Site Conditions 3.2.1 Existing Streams Reeves Lake occurs within the main channel of Rocky River, and is a "run of the river" impoundment with water depths ranging from 6 feet up to approximately 25 feet. The majority of the banks are forested with riparian vegetation typical of the region, such as river birch (Betula nigra), box elder (Acer negundo), green ash (Fraxinus pennsylvanica), sycamore (Platanus occidentalis), shagbark and bitternut hickory (Carya spp.), and swamp chestnut, cherrybark, and willow oaks (Quercus spp.). Near the dam site, the impounded reach of Rocky River contains the remnant floodplain which was cleared just prior to filling Reeves Lake. Farther upstream, the impoundment is restricted to the historic river channel. The six perennial tributaries inundated by Reeves Lake have widths that range from 10 to 20 feet, with varying depths that are dependent upon the relationship between the channel thalweg and the elevation of the dam crest. The banks of these tributaries are also forested with riparian vegetation typical of the region, such as river birch (Betula nigra), box elder (Acer negundo), green ash (Fraxinus pennsylvanica), sycamore (Platanus occidentalis), shagbark and bitternut hickory (Carya spp.), and swamp chestnut, cherrybark, and willow oaks (Quercus spp.). The stream beds just upstream of the limits of Reeves Lake consist primarily of boulder, cobble, and gravel substrate with shallow riffles. No headcuts were noted during a visual assessment of these reaches. Hoosier Dam Mitigation Bank Page 5 Draft - Prospectus 3.2.2 FERC License The hydroelectric facility at Hoosier Dam contains three small turbines that were operated by Hoosier Hydroelectric, Inc., as a small renewable energy producer under contract to Progress Energy Carolinas. The contract was terminated in October, 2012. Due its low generating capacity (approximately 230 kW), the hydroelectric facility was issued Exemption #3586 to the Federal Energy Regulatory Commission licensing process on December 16,1981. The Bank Sponsor will surrender the Exemption #3586 to the FERC License in compliance with FERC Regulation 4.102. The petition to surrender the exemption will include a report that provides the reason for surrendering the exemption, a description of how the dam, spillway, and hydropower facility will be disposed, and a plan and schedule outlining the procedures proposed for removal and restoration of the dam site to assure public and environmental safety. During this process, the Bank Sponsor will consult with fish and wildlife agencies on restoration of the dam site and adjacent lands. 3.2.3 Existing Vegetation Except for a small area cleared at the dam site, the riparian buffer of Rocky River is completely forested around Reeves Lake. The banks of the river and its tributaries are also forested with riparian vegetation typical of the region, such as river birch (Betula nigra), box elder (Acer negundo), green ash (Fraxinus pennsylvanica), sycamore (Platanus occidentalis), shagbark and bitternut hickory (Carya spp.), and swamp chestnut, cherrybark, and willow oaks (Quercus spp.). Several pine plantations and pasture areas have encroached within loo feet of the riverbank; otherwise, the riparian forest is largely intact for loo feet or more on both riverbanks. 3.2.4 Biological Assessment As described previously, the Bank site lies between two critical habitat areas for the Cape Fear shiner, a federally - listed endangered species that only occurs only in North Carolina. Critical habitat areas #1 and #2 described previously are separated only by Hoosier Dam and its impoundment, Reeves Lake. These isolated populations and the limited critical habitat areas put the Cape Fear shiner at serious risk for long -term survival. 3.2.5 Threatened and Endangered Species A search of the U.S. Fish and Wildlife Service (USFWS) database for federally listed threatened and endangered species identified four listed species in Chatham County, NC (Table 2). Table 2. Federally Listed Threatened and Endangered Species in Chatham County, NC Vertebrate Cape Fear Shiner E Chatham (Notro is mekistocholas) Red - Cockaded Woodpecker E Chatham (Picoides borealis) Vascular Plant American chaffseed E Chatham (Schwalbea amaercana) Michaux's sumac E Chatham (Rhus michauxii) 'E = Endangered Hoosier Dam Mitigation Bank Page 6 Draft - Prospectus Wildlands will coordinate with the FWS on issues related to the Cape Fear shiner populations upstream and downstream of Hoosier Dam, and conduct a site review to determine if habitat conditions are conducive for the other listed species. If any of the listed endangered species are located on -site, then special permit considerations and time of year restrictions may result in construction limitations. 3.2.6 Cultural Resources A preliminary search of the North Carolina State Historic Preservation Office for cultural and historic resources indicated there are no known National Register Properties or previous archaeological survey sites within the Bank site. It is anticipated that a Phase I Cultural Survey will be required to ensure no impact to cultural or historic resources, and to coordinate the removal of the dam and hydropower facility. 4.0 Mitigation Work Plan The removal of the Hoosier Dam, draining Reeves Lake, and restoration of Rocky River is proposed to occur through a staged approach. The stages will be designed to carefully evaluate and remediate potential disturbances to water quality or aquatic life, with a special emphasis to minimize disturbance to the remaining populations of the Cape Fear shiner. Wildlands will partner with Schnabel Engineering, an engineering firm located in Greensboro, NC with expertise in dam removal, geotechnical and structural engineering to ensure that the demolition of Hoosier Dam and the sediment removal management plan minimize water quality and ecological impacts to Rocky River and Deep River. The Bank work plan consists of the following major stages: dewatering the impoundment, sediment management, complete removal of the dam, and restoring Rocky River and its tributaries. These stages will be completed through the following restoration activities: • De- watering of Reeves Lake in mid to late fall • Development of a sediment removal plan as the water levels drop to match the historic river levels • Seeding, planting, and stabilization of the historic riverbank and exposed soils within the footprint of Reeves Lake • Removal of the Hoosier Dam embankment, spillway, and adjacent powerhouse facility • Restoration of Rocky River at the dam site • Removal of the remnant rock dam that is located approximately 4,80o feet upstream of Hoosier Dam (incorporate these boulders into habitat enhancement measures on Rocky River) • Removal of excess sediment that had settled out in Reeves Lake • Restore shallow water habitat for the Cape Fear shiner within the previously impounded reach of Rocky River • Restore shallow water habitat for the Cape Fear shiner along 6,365 LF of the six tributaries affected by the impoundment (individual reach lengths range from 605 ft to 1,375 ft) • Continue efforts to preserve and protect the existing forested riparian buffer along Rocky River Within the Bank, the dam site and adjacent riverbank will be protected under a conservation easement (Figure 5). The Bank Sponsor will continue efforts to preserve and protect the existing forested riparian buffer along Rocky River upstream of the dam site. Hoosier Dam Mitigation Bank Page 7 Draft - Prospectus 5.0 Determination of Mitigation Credits Guidance for determining mitigation credits for dam removal projects was initially provided in Determining Appropriate Compensatory Mitigation Credit for Dam Removal Projects in North Carolina, which was developed cooperatively by the U.S. Army Corps of Engineers, Wilmington District, the U.S. Environmental Protection Agency, Region 4, the U.S. Fish and Wildlife Service, the N.C. Division of Water Quality, the N.C. Wildlife Resources Commission, and the N.C. Division of Water Resources in June, 2oo8. This guidance document has since been withdrawn, however its principles have been applied to generate the proposed stream mitigation units described below. The upstream limits of the impounding effect of the Hoosier Dam on Rocky River and six perennial tributaries were initially estimated based on the water level of Reeves Lake and LIDAR data for the tributaries. The upper limits of these inundated areas were visited, field verified, photographed, and confirmed using hand -held global positioning system equipment (Figure 5). A summary of the proposed credits is included in Table 3. Table 3. Proposed Stream Mitigation Units Hoosier Dam Mitigation Bank Mitigation Criteria Length (LF) Credit Ratio or Factor Stream Mitigation Units (SMU) Length of Stream Returned to Rocky River 16,o6o 1:1 16,o6o Flowing Condition Tributa 1 68o 1:1 68o Tributary 2 1,345 1 :1 1345 Tributary 3 1,130 1:1 1,130 Tributary 4 1,375 1 :1 1,375 Tributary 1,230 1:1 1,230 Tributary 6 6o5 1:1 605 Subtotal 22,425 Adjustment based on Len th of Stream Protected 0% to 25% 1.0 0 Credit for Rare, Endangered, and Threatened Species Restoration of habitat True 1.0 0 Recolonization of associated species True 1.0 0 Recolonization of targeted species True 1.0 0 Subtotal 22,425 15% Reduction -3,36o Total SMUs 19,o65 The 15% reduction of potential credits generated by the Bank is based on discussions with Todd Tugwell, U.S. Army Corps of Engineers — Wilmington District, about the current application of the guidance document for dam removal. The final number of stream mitigation units generated by the Bank will be based on coordination and approval by the IRT. Given the above credit ratios and factors for dam removal and restoration of habitat for the Cape Fear shiner, an estimated 19,o65 stream mitigation units will be available from the establishment of the Bank. Use of credits from the Bank to offset stream impacts authorized by federal permits or state water quality certifications must be in compliance with the Clean Water Act, Section 404 (b)(1) guidelines and other applicable state and federal legislation, regulations, and policies. Prior to the release of credits, the following requirements will be met: Hoosier Dam Mitigation Bank Page 8 Draft - Prospectus 2. IRT approval of the final mitigation plan; 2. Execution of the banking instrument; 3. Recordation of the conservation easement; and 4. Establishment of appropriate financial assurances. The credit release schedule shown below in Table 4 is in compliance with the Monitoring Requirements and Performance Standards for Compensatory Mitigation in North Carolina, February g, 2013. Table 4. Credit Release Schedule Hoosier Dam Mitigation Bank Task Percentage of Credits Released Site Establishment — Execution of MBI, approval of final Mitigation Plan, delivery of Financial Assurances, recordation of Conservation Easement, 404 permit 15% Construction Phase Complete —All initial physical and biological improvements made pursuant to the Miti ation Plan i5% Year s Monitoring 10% Year 2 Monitoring 20% Year 3 Monitoring 10% Year 4 Monitoring 5% Year 5 Monitoring 10% Year 6 Monitoring 5% Year 7 Monitoring 10% 6.0 Maintenance and long -term Sustainability 6.1 Maintenance Adaptive measures will be developed or appropriate remedial actions will be implemented in the event that the site or a specific component of the site fails to achieve the success criteria outlined in the final Banking Instrument. The project— specific monitoring plan developed during the design phase will identify an appropriate threshold for maintenance intervention based on the monitored items. Any actions implemented will be designed to achieve the success criteria which will be specified in the Banking Instrument, and will include a work schedule and updated monitoring criteria. 6.2 Long Term Management Provisions The Bank Sponsor will institute a Long Term Management Plan responsible for assessing the condition of the mitigation site and implementing maintenance provisions to maintain performance of the site. The proposed conservation easement will help to ensure that only IRT - allowable activities take place and will be transferred to an IRT approved non - profit organization once monitoring success criteria have been achieved. To monitor the project's continued success, the Long Term Management Plan will be implemented following the seven -year monitoring period. All components of the restoration and enhancement. project will be inspected annually or less frequently as needed to ensure that the project remains stable in perpetuity. Sources of instability or other deficiencies will be addressed. Invasive species will be Hoosier Dam Mitigation Bank Page g Draft - Prospectus managed annually or less frequently as needed to ensure the long term survivability of the planned native vegetation community. All reporting will be documented and kept on file for future reference. Hoosier Dam Mitigation Bank Page io Draft - Prospectus 010111 ` ! 03010104 —_ -- _- - = - - -- i - - -- - -Digit - HUC _ I - 8 I � ii uilta r r u,nrp 6 n a, ).�m i Ilu inc, ti acdoi: 70 ,�'.\ --. 11'hi Elon Burl n •er 7U 1 - I Sot I Greeusboro �cdaby 02 a ' 1 _ Ij t l ` I \lenl�,dc< rrah.m la •st,n <n t it P. vnth ! j/ \ ;0r 03020201 In t I � � r•auin i , urrbun Illc r/ TrIVA ` 1 220 III (il _ —L K.t ' \ , �Ii111aR18 H VOW da�_ Ud,$een ♦ I r r Patti We P2rA. . 1 _ ail In i ky -a I � � ititalJl� Murrl.�ltF" A I,tr' 'Rive 15 w j L u Cary Cary r I 1 4 �sir Car a�« _ ,-J / Wro - r 03040103 Iuunh 11 „,u i ��� d,,: Gar I � � \ ! F. 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