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HomeMy WebLinkAbout20100099 Ver 3_BPDP Final Revised_20131001 Bank Parcel Development Plan Pancho Bank Parcel Pursuant to: Restoration Systems Umbrella Mitigation Banking Instrument for Riparian Buffer and Nutrient Offset Mitigation Credits - Neuse River Basin October 1, 2013 Prepared By: Restoration Systems, LLC 1101 Haynes St. Suite 211 Raleigh, NC 27604 Phone: 919-755-9490 Fax: 919-755-9492 Pancho Bank Parcel Development Plan Restoration Systems’ Neuse River Riparian Buffer & Nutrient Umbrella Mitigation Bank Restoration Systems (Sponsor) is pleased to provide this Bank Parcel Development Plan for the Pancho Bank Parcel (Parcel), proposed as part of the Restoration Systems’ Neuse River Basin Riparian Buffer & Nutrient Umbrella Mitigation Banking Instrument (Banking Instrument) signed March 17, 2008 between Restoration Systems, and the North Carolina Division of Water Quality. This Parcel is designed to provide mitigation credits for unavoidable impacts due to development within the Neuse River Basin. Neuse River Riparian Buffer mitigation credits provided by this Parcel are available over the entire Neuse River Basin, United States Geological Survey (USGS) 6-digit Hydrologic Unit Code (HUC) 030202, per 15A NCAC 02B .0242 (Neuse River Basin: Nutrient Sensitive Waters Management Strategy: Mitigation Program for Protection and Maintenance of Existing Riparian Buffers). Mitigation credits for Nutrient Offset are made available within the Neuse River Basin USGS 8-digit HUC 03020201 excluding the Falls Lake Drainage Basin. Supporting figures are located in Appendix A. Parcel construction activates were concluded in early April of 2013. An onsite determination for applicability to the Neuse River Riparian Buffer Rules (15A NCAC 2B .0233) was conducted in June 2013 (Appendix B). The Sponsor currently owns the property in fee simple and has placed a Conservation Easement in perpetuity over the Parcel, attached as Appendix C. This Parcel was designed and implemented in concurrence with the Pancho Steam & Wetland Mitigation Bank (Corps Action ID # SAW-2010-00142), Approved by the Interagency Review Team on April 12, 2012 (Appendix E). Pancho Bank Parcel Development Plan pg. i Table of Contents 1.0 Introduction ....................................................................................................................................... 1 1.1 Parcel Location ................................................................................................................... 1 1.2 Parcel Overview .................................................................................................................. 1 2.0 Project Area – Existing Conditions ................................................................................................... 2 2.1 Physiography ...................................................................................................................... 2 2.2 Soils .................................................................................................................................... 3 2.3 Vegetation ........................................................................................................................... 4 2.4 Threatened and Endangered Species .................................................................................. 4 2.5 Environmental & Cultural Constraints ............................................................................... 5 3.0 Restoration Plan ................................................................................................................................ 5 3.1 Riparian Area Restoration Activates .................................................................................. 6 4.0 Monitoring and Maintenance Plan .................................................................................................... 8 4.1 Monitoring Protocol ............................................................................................................ 8 4.2 Parcel Maintenance ............................................................................................................. 8 4.3 Long Term Management Plan ............................................................................................ 8 5.0 Financial Assurance .......................................................................................................................... 8 6.0 Mitigation Potential .......................................................................................................................... 9 7.0 References ....................................................................................................................................... 10 Appendix Appendix A: Figures Figure 1 – Parcel Location Figure 2 – Service Area Figure 3 – NRCS Wayne County Soil Survey Figure 4 – Pre-Construction Parcel Conditions Figure 5 – Post Construction Credit Determination (a & b) Appendix B: NCDWQ Stream Determination Appendix C: Conservation Easement Appendix D: Correspondence with the State Historic Preservation Office Appendix E: Pancho Steam Mitigation Banking Instrument and Mitigation Plan (Corps Action ID # SAW-2010-00142) Pancho Bank Parcel Development Plan pg. ii 1.0Introduction 1.1Parcel Location Restoration Systems (Sponsor) is pleased to provide this Bank Parcel Development Plan for the Pancho Bank Parcel (Parcel), proposed as part of the Restoration Systems’ Neuse River Basin Riparian Buffer & Nutrient Umbrella Mitigation Banking Instrument (Banking Instrument) signed March 17, 2008 between Restoration Systems, and the North Carolina Division of Water Quality. This Parcel is designed to provide mitigation credits for unavoidable impacts due to development within the Neuse River Basin. Neuse River riparian buffer mitigation credits provided by this Parcel are available over the entire Neuse River Basin, United States Geological Survey (USGS) 6-digit Hydrologic Unit Code (HUC) 030202, per 15A NCAC 02B .0242 (Neuse River Basin: Nutrient Sensitive Waters Management Strategy: Mitigation Program for Protection and Maintenance of Existing Riparian Buffers). Mitigation credits for Nutrient Offset are made available within the Neuse River Basin USGS 8-digit HUC 03020201 excluding the Falls Lake Drainage Basin. Supporting figures are located in Appendix A. Parcel construction activates were concluded in early April of 2013. An onsite determination for applicability to the Neuse River Riparian Buffer Rules (15A NCAC 2B .0233) was conducted in June 2013 (Appendix B). The Sponsor currently owns the property in fee simple and has placed a Conservation Easement in perpetuity over the Parcel, attached as Appendix C. This Parcel was designed and implemented in concurrence with the Pancho Steam & Wetland Mitigation Bank (Corps Action ID # SAW-2010-00142), Approved by the Interagency Review Team on April 12, 2012 (Appendix E). The Pancho Bank Parcel is located approximately 13 miles west of Goldsboro in western Wayne County; north of U.S. Highway 13 near the intersection of State Road 1008 (Stevens Mill Road) and State Road 1105 (Dobbersville Road) (Figure 1, Appendix A). The Parcel is located within the Neuse River Basin in the 14-digit United States Geological Survey (USGS) Cataloging Unit 03020201150050 of the South Atlantic/Gulf Region (North Carolina Division of Water Quality \[NCDWQ\] Subbasin Number 03-04-04) (Figure 3, Appendix A) Directions to Parcel: From the City of Raleigh travel east on U.S. Highway 70 Travel ~ 37 miles on U.S. Highway 70 to the intersection with Martin Livestock Road Turn right at Martin Livestock Road (0.7 mile) Turn right at Progressive Church Road (4 miles) Turn left at Brogden Road (0.5 mile) Turn right at Richardson Bridge Road (5.3 miles) Turn left at T-intersection onto Harper House Road, which turns into Stevens Mill Road (1.3 miles) The Parcel is located where Kennedy Mill Branch crosses Stevens Mill Road -Latitude: 35.333755° N, Longitude: -78.192699° W 1.2Parcel Overview The Parcel encompasses approximately 65.62 acres of land located along Kennedy Mill Branch at the confluence with Mill Creek. According to the Final Neuse River Basinwide Water Quality Plan (NCDWQ 2009), the lack of buffer and heavy agricultural practices along Kennedy Mill Branch make the watershed an ideal target for land acquisition to protect the nutrient sensitive Neuse River watershed. The restored riparian area will result in improved water quality within the Parcel and downstream of the Kennedy Mill Branch watershed. The Parcel is located in a region of the state dominated by agriculture and livestock; therefore, restoration of the riparian area is expected to result in immediate water quality benefits in the vicinity of the Parcel. Pancho Bank Parcel Development Plan pg. 1 The entire Parcel is currently protected by a permanent Conservation Easement (Appendix C). Of the 65.62 acre Parcel, 14.84 acres of riparian area was restored through the establishment of native hardwood vegetation to generate Neuse riparian buffer and nutrient offset mitigation credits. Neuse riparian buffer and nutrient offset mitigation credits will not be generated within areas generating compensatory wetland mitigation credits through the Pancho Stream and Wetland Mitigation Bank. Construction activities involved with the Pancho Steam & Wetland Mitigation Bank were concluded in April of 2013. Primary activities designed to restore the stream channels include 1) belt-width preparation and grading, 2) channel excavation, 3) installation of channel plugs, 4) backfilling of the abandoned channel, and 5) vegetative planting. Wetland restoration focused on the removal of fill materials, restoration of vegetative communities, filling drainage ditches, the reestablishment of soil structure and microtopographic variations, and redirecting normal surface hydrology from ditches back to Site floodplains. Riparian area restoration consisted of re-establishing deep-rooted native riparian vegetation. Prior to construction activities the Parcel encompassed agricultural land utilized for livestock grazing, row crop production, and forest. Pasture areas were accessible to livestock and were routinely cleared and mowed for hay production, resulting in local disturbances to stream banks and wetland soil surfaces. Additional land use practices including the maintenance and removal of riparian vegetation; ditching of adjacent riparian wetlands; and relocation, dredging, and channelization of onsite streams resulting in degraded water quality and excessive sedimentation resulting from unstable banks (stream entrenchment, erosion, and bank collapse). Figure 4, Appendix A graphically displays pre-construction conditions. Staff from the Division of Water Resources (DWR) visited the Site in June 2013 and determined the Site to be viable for Neuse riparian buffer and nutrient offset mitigation. Livestock is no longer present on the Parcel. Adjacent land use is currently characterized by pasture land for hay production and livestock grazing. Prior to construction activities adjacent landowners installed and will be responsible for the maintenance of fencing to protect from livestock trespassing and damage to Parcel assets. Figures 5a and 5b indicate the areas where fencing was installed. 2.0Project Area – Existing Conditions 2.1Physiography The Parcel is located in the Southeastern Floodplains and Low Terraces ecoregion on the border of the Rolling Coastal Plain ecoregion within the Southeastern Plains of North Carolina USGS HUC 03020201 (NCDWQ Subbasin Number 03-04-06) of the Neuse River Basin. Regional physiography is characterized by broad interstream divides with gentle to steep side slopes dissected by numerous small, low to moderate gradient sandy bottomed streams and major river floodplains, associated terraces, and low gradient streams with sandy and silty substrates (Griffith et al. 2002a). Onsite elevations range from a high of 100 feet National Geodetic Vertical Datum (NGVD) on slopes to a low of approximately 75 feet NGVD at the lowest point of the Parcel (USGS Grantham, North Carolina 7.5-minute topographic quadrangle) The Parcel provides water quality functions to a nearly 3.3-square mile watershed at the outfall of Kennedy Mill Branch. The watershed is dominated by pasture, agricultural land, forest, and sparse residential property. Impervious surfaces account for less than 5 percent of the upstream watershed land surface. Surrounding area land use is primarily agricultural, with some low-density residential housing. Onsite land use was characterized by hardwood forest, agricultural land (row crop production), and Pancho Bank Parcel Development Plan pg. 2 pasture (livestock). Riparian zones and wetland areas were primarily composed of herbaceous vegetation with sparse hardwood canopy species along the streams. Riparian vegetation adjacent to restoration and enhancement reaches of the Parcel was sparse and disturbed due to livestock grazing, bush hogging, and regular maintenance activities. 2.2Soils Based on county soil survey mapping (USDA 1974), the Parcel contains seven soil series: Bibb sandy loam (Typic Fluvaquent), Chewacla loam (Fluvaquentic Dystrudepts), Kalmia loamy sand (Typic Hapludults), Kenansville loamy sand (Arenic Hapludults), Johnston loam (Cumulic Humaquepts), Norfolk loamy sand (Typic Paleudults), and Wagram loamy sand (Arenic Kandiudults). Parcel soils are described in Table 1 below. Table 1. Parcel Soils Map Unit Map Unit Hydric Description Symbol NameStatus The Bibb series consists of very deep, poorly drained, moderately permeable soils that formed in stratified loamy and sandy alluvium. These soils are on floodplains of streams in the coastal Bibb sandy Hydric Bbplain. They are commonly flooded and water runs off the surface very slowly. Slopes range loam from 0 to 2 percent. The water table is within 8 inches of the surface from 6 to 11 months each year. The Chewacla series consists of very deep, somewhat poorly drained, moderately permeable soils that formed in stratified loamy and sandy alluvium. These soils are on floodplains of Chewacla Hydric streams in the piedmont and coastal plain river valleys that drain out of the Piedmont. They Ch loam frequently to rarely flood for brief to long periods. Slopes range from 0 to 2 percent. Depth to seasonal high water table is generally 6 to 24 inches from November to April. Bedrock occurs at a depth of more than 80 inches. The Kalmia series consists of well drained, moderately permeable soils that formed in stratified loamy and sandy alluvium. These soils are on stream terraces that never or rarely flood for Kalmia Non- KaD very brief periods. Slopes range from 0 and 6 percent. Depth to the seasonal high water table loamy sand hydric is 40 to 72 inches or more December to April. Bedrock occurs at a depth of more than 80 inches. The Kenansville series consists of well drained, nearly level to gently sloping soils on Coastal KenansvilleNon-Plain uplands and stream terraces. They have formed in marine and fluvial sediments. Slopes Ke loamy sand hydric are generally between 0 and 10 percent. Depth to the seasonal high water table is greater than 48 inches for the wet substratum phase. Bedrock occurs at a depth of more than 80 inches. The Johnston series consists of very poorly drained, moderately rapid permeable soils that formed in alluvium. These soils are on floodplains and swamps of the lower and upper coastal JohnstonHydric Js plain. They frequently or occasionally flood for very brief to long periods of time. Slopes are loam generally between 0 and 2 percent. Depth to the seasonal high water table is 0 to 12 inches from November to May. Bedrock occurs at a depth of more than 80 inches. The Norfolk series consists of well drained, moderately permeable soils that formed in marine and fluvial sediments. These soils are on uplands or marine terraces in the lower, middle, and NorfolkNon- NoCupper coastal plain that never or rarely flood for very brief periods of time. Slopes are loamy sand hydric generally between 0 and 10 percent. Depth to seasonal high water table is 40 to 72 inches from January to March. The Wagram series consists of somewhat excessively drained, moderately permeable soils that formed in fluvial and marine sediments. These soils are on uplands in the middle and upper Wagram WaB Hydric coastal plain that never or rarely flood for very brief periods of time. Slopes are generally loamy sand between 0 and 15 percent. Depth to seasonal high water table is more than 60 inches. Bedrock occurs at a depth of more than 80 inches. Pancho Bank Parcel Development Plan pg. 3 2.3Vegetation The Parcel was characterized primarily by agricultural and pasture land with mature disturbed hardwood forests. Agricultural land was dispersed along the margins of riparian zones in the northern half of the Parcel. Disturbed hardwood forest occupied the southern portion of the Parcel. Pasture dominated the majority of the Parcel and consisted primarily of fescue (Festuca sp.), crabgrass (Digitaria sp.), dog fennel (Eupatorium capillifolium), rushes (Juncus sp.), and sedges (Carex sp.). Disturbed hardwood forest are characterized by mesic, floodplain species adjacent to stream channels, such as river birch (Betula nigra), eastern red cedar (Juniperus virginiana), willow oak (Quercus phellos), red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), black willow (Salix nigra), tulip tree (Liriodendron tulipifera), and American sycamore (Platanus occidentalis). Wetlands are dominated by emergent vegetation such as rushes, sedges, polygonum (Polygonum sp.), and meadow beauty (Rhexia sp.). Staff from DWR confirmed the Parcel was suitable for riparian restoration throughout. Table 2: Reference Forest Ecosystem On Site Observations + Mesic Mixed Hardwood Forest & Coastal Plain Bottomland Hardwoods Canopy Species Understory Species Red maple (Acer rubrum) Red maple (Acer rubrum) River birch (Betula nigra) River birch (Betula nigra) Pecan (Carya illinoinensis) Ironwood (Carpinus caroliniana) American beech (Fagus grandifolia) Coastal sweetpepperbush (Clethra alnifolia) American holly (Ilex opaca) Dogwood (Cornus florida) Sweetgum (Liquidambar styraciflua) Sourwood (Diospyros virginiana) Tulip poplar (Liriodendrum tulipifera) American holly (Ilex opaca) Black gum (Nyssa biflora) Virginia sweetspire (Itea virginica) Water oak (Quercus nigra) Sweetgum (Liquidambar styraciflua) Swamp chestnut oak (Quercus michauxii) Tulip poplar (Liriodendrum tulipifera) Cherrybark oak (Quercus pagoda) Common sweetleaf (Symplocos tinctoria) Willow oak (Quercus phellos) Winged elm (Ulmus alata) Winged elm (Ulmus alata) Highbush blueberry (Vaccinium corymbosum) American elm (Ulmus americana) 2.4Threatened and Endangered Species Species with the classification of Endangered (E), Threatened (T), or officially Proposed (P) for such listing are protected under the Endangered Species Act of 1973 (ESA), as amended (16 U.S.C 1531 et seq.). One species is federally listed for Wayne County by the United States Fish and Wildlife Service (USFWS) (USFWS 2008): red-cockaded woodpecker (Picoides borealis). Additionally, the bald eagle (Haliaeetus leucocephalus) is protected by the Bald and Golden Eagle Protection Act. Habitat for red- cockaded woodpecker and bald eagle is not present within the Parcel. In addition to the bald eagle and E, T, and P species, the USFWS list includes a category of species designated as "Federal Species of Concern" (FSC). A species with this designation is one that may or may not be listed in the future (formerly C2 candidate species or species under consideration for listing for which there is insufficient information to support listing). The FSC designation provides no federal protection under the ESA for the species listed. The nine FSC species listed on the current USFWS list are presented in the table below. Pancho Bank Parcel Development Plan pg. 4 Table 3: USFWS FSC Species List Common Name Scientific Name American elm Anguilla rostrata Carolina madtom Noturus furiosus Pinewoods shiner Lythrurus matutinus Rafinesques big-eared bat Corynorhinus rafinesquii Southern hognose snake Heterodon simus Atlantic pigtoe Fusconaia masoni Yellow lance Elliptio lanceolata Cuthbert turtlehead Chelone cuthbertii Pondspice Litsea aestivalis Proposed mitigation activities will result in positive benefits for these species through improved habitat and water quality. 2.5Environmental & Cultural Constraints The presence of conditions or characteristics that had the potential to hinder restoration activities on the Parcel was evaluated. The evaluation focused primarily on the presence of hazardous materials, utilities and restrictive easements, rare/threatened/endangered species or critical habitats, cultural resources, and the potential for hydrologic trespass. Existing information regarding constraints was acquired and reviewed. In addition, any parcel conditions that had the potential to restrict design and implementation were documented during the field investigation. No evidence of natural and/or man-made conditions were identified which had the potential to impede proposed restoration activities. Correspondence with the State Historic Preservation Office (SHPO) concluded that there were no dwellings that fell under the ‘National Register of Historic Place,’ nor were there any documented archaeological sites found within the contact of the Parcel. Correspondence between RS and SHPO is provided in Appendix D. The mitigation will have no impacts to any cultural resources. 3.0Restoration Plan Restoration of riparian areas was accomplished in conjuncture with the goals and methods outlined by the Pancho Stream Mitigation Bank. The primary goals associated with the restoration of riparian areas focused on improving water quality, enhancing flood attenuation, and restoring wildlife habitat through the creation of a forested riparian buffer adjacent to stream channels, and was accomplished by the following. 1.Removing nonpoint sources of pollution associated with agricultural production including a) removing livestock and b) ceasing the broadcast application of fertilizer, pesticides, and other agricultural materials into and adjacent to Site streams through treatment of runoff within the forested buffer. 2.Reducing sedimentation within onsite and downstream receiving waters by a) reducing bank erosion, vegetation maintenance, plowing, and hoof shear adjacent to Site streams, and b) removing livestock from the Site. Pancho Bank Parcel Development Plan pg. 5 3.Promoting floodwater attenuation by increasing frictional resistance on floodwaters crossing Site floodplains. 4.Improving aquatic habitat by enhancing stream bed shading and natural detritus input. 5.Providing a terrestrial wildlife corridor and refuge in an area extensively developed for agricultural production. 6.Restoring and reestablishing natural community structure, habitat diversity, and functional continuity. 7.Protecting the Sites full potential of stream, wetland and riparian buffer functions and values in perpetuity. 3.1Riparian Area Restoration Activates Restoration of floodplain forest and stream-side habitat will allow for development and expansion of characteristic species across the landscape. Eco-tonal changes between community types contribute to diversity and provide secondary benefits, such as enhanced feeding and nesting opportunities for mammals, birds, amphibians and other wildlife. Stream-side trees include species with high value for sediment stabilization, rapid growth rate, and the ability to withstand hydraulic forces associated with bankfull flow and overbank flood events. Stream-side trees were planted along the reconstructed stream banks, concentrated along outer bends. Vegetative species composition mimicked reference forest data, onsite observations, and community descriptions from Classification of the Natural Communities of North Carolina (Schafale and Weakley 1990). Community associations utilized include 1) Mesic Mixed Hardwood Forest on slopes, 2) Coastal Plain Bottomland Hardwoods (brownwater subtype) in wetlands that are intermittently to seasonally inundated for long periods (NCWAM Bottomland Hardwood Forest and Headwater Forest), and 3) stream-side assemblage within 15 feet of stream banks. Plant species and the implemented planting plan was developed and preapproved by the Interagency Review Team (IRT) during the development of the Pancho Stream and Wetland Mitigation Bank. Deep-rooted, riparian vegetation was restored over 49 acres of the Parcel in late April. Bare-root seedlings of tree species within the Mesic Mixed Hardwood Forest and Coastal Plain Bottomland Hardwoods (brownwater subtype) were planted at a density of approximately 900 stems per acre on 8- foot centers. The table below summarizes planted tree species. Table 3 on the next page summarizes the planted species. Pancho Bank Parcel Development Plan pg. 6 Table 4: Planted Tree Species Vegetation Association: Mesic Mixed Hardwood Forest & Coastal Plain Bottomland Hardwoods Total Area (Acres) Total= 48.9 acres 3.6 17.5 27.8 Coastal Plain Streamside Mesic Mixed Vegetation Association: Bottomland Assemblage Hardwood Forest Hardwoods Number % of Number % of Number % of Species Planted Total Planted Total Planted Total River birch (Betula nigra) 1,100 14.40% 1,000 2.84% 2,100 Silky dogwood (Cornus 4,200 55.30% 2,100 5.97% 6,300 amomum) American elderberry (Sambucus 2,300 2,300 30.30% canadensis) American Beech (Fagus 1,850 1,850 5.26% grandifolia) 5,800 Northern red oak (Quercus rubra) 5,800 16.49% White oak (Quercus alba) 5,850 16.63% 5,850 Black cherry (Prunus serotina) 5,000 14.21% 5,000 Persimmon (Diospyros 5,300 5,300 15.07% virginiana) Flowering dogwood (Cornus 2,000 2,000 5.69% florida) American tulip tree (Liriodendron 2,000 1,000 2.84% 1,000 6.91% tulipifera) Southern red oak (Quercus 2,800 2,800 7.96% falcata var. pagodifolia) Florida maple (Acer 2,475 7.04% 2,475 saccharumsubsp. floridanum) 2,800 Black tupelo (Nyssa sylvatica)2,800 19.34% Swamp chestnut oak (Quercus 2,800 19.34% 2,800 michauxii) Willow oak (Quercus phellos) 2,800 19.34% 2,800 Green Ash (Fraxinus 1,850 12.78% 1,850 pennsylvanica) Bald cypress (Taxodium 2,000 2,000 13.82% distichum) Bitternut Hickory (Carya 975 975 6.74% cordiformis) 250 Shagbark hickory (Carya ovate) 250 1.73% Total7,600100%35,175100%14,475100%59,503 Pancho Bank Parcel Development Plan pg. 7 4.0Monitoring and Maintenance Plan 4.1Monitoring Protocol Restoration monitoring procedures for vegetation will monitor plant survival and species diversity. Quantitative sampling of vegetation will be performed through sixteen (16) 10 x 10 meter plots as outlined in the CVS Level 1-2 Protocol for Recording Vegetation, Version 4.0 (Lee et al. 2006) and will st occur between late August and October of each year, with the 1 monitoring data to be collected in the fall of 2013 and not within five months from the original planting date. Monitoring of the restoration efforts will be performed for five years or until success criteria are fulfilled, Restoration Systems shall st submit to NCDWQ an annual monitoring report, no later than December 31 of each year. Detailed qualitative and quantitative monitoring is proposed for vegetated riparian areas; marsh treatment areas will be visually inspected periodically and reported qualitatively within the annual monitor report, which will include photographic record of the Parcels assets. Success criteria within the buffer and nutrient offset restoration areas will be based on the survival of planted species at a density of 320 stems per acre after five years of monitoring. 4.2Parcel Maintenance A remedial action plan will be developed and implemented with the approval of NCDWQ in the event that the Site or a specific component of the Site fails to achieve success criteria as outlined above. Other vegetation maintenance and repair activities may include pruning, mulching, and fertilizing. In the event that exotic invasive plant species require treatment, such species will be controlled by mechanical (physical removal with the use of a chainsaw) and/or chemical methods (aquatic approved herbicide) in accordance with North Carolina Department of Agriculture (NCDA) rules and regulations. 4.3Long Term Management Plan The Sponsor currently holds a Conservation Easement on the Parcel Site which was approved by the IRT in conjunction with the establishment of the Pancho Stream and Wetland Mitigation Bank. The Conservation Easement and appropriate title insurance documents are attached as Appendix B. The Conservation Easement is perpetual, preserves all natural areas, and prohibits all use of the property inconsistent with its use as mitigation property, including any activity that would materially alter the biological integrity. The North Carolina Wildlife Habitat Foundation is expected to be the long-term holder of the Conservation Easement and responsible for long-term stewardship of the Parcel site. The Sponsor will provide a financial sum appropriate for the long-term holder of the Conservation Easement to carry out its responsibilities. 5.0Financial Assurance As stated in the Restoration Systems Neuse River Basin Riparian Buffer and Nutrient Mitigation th Umbrella Banking Instrument Dated March 17 2008. “Following approval of the BPDP, Restoration Systems, LLC shall provide a Performance Bond from a surety that is rated on less than an ‘A’ as rated by A.M. best. The Performance Bond amount shall be two times the estimated cost for implementation for the restoration plan included in the BPDP, but no less than $150,000.00 in amount. After completion of construction, a Monitoring Bond will be substituted for the Performance Bond. The Penal Sum of said Monitoring Bond shall be for two time the estimated cost to implement the monitoring and maintenance plan but no less than $150,000.00 in amount. The Monitoring Bond shall be in effect for a period of five years.” Pancho Bank Parcel Development Plan pg. 8 6.0Mitigation Potential The DWR has determined the nitrogen nutrient abatement of restored riparian area to be 2,273.02 lbs. per acre. Riparian buffer credits will be measured by the hundredth of an acre and converted into square feet. The Parcel will generate 14.84 acres of restored riparian area. 11.34 acres will be used specifically for nutrient offset credit generating 25,776.04 lbs. of nitrogen offset credit. Restoration of the Neuse riparian buffer will generate 3.50 (152,460 sq. ft.) of Neuse riparian buffer credits. The mitigation provided in the Neuse riparian buffer can be used for either Neuse riparian buffer credits of nutrient offset credits, but not both. RS must request and receive approval of the transfer of any mitigation credits from DWR. All mitigation credit assets shall be shown on the credit ledgers. Table 4 summarizes the Parcel’s components and mitigation credits. Table 5. Project Components and Mitigation Credits Mitigation Credits Nutrient Offset (Nitrogen only) Restoration Restoration Equivalent 11.34 -- Projects Components Existing Restoration/ Restoration Mitigation / Comment Acreage Mit. Ratio Acreage Acre Cessation of current land use practices, Restoration 2,273.02 lbs. / 11.34 11.34 removing invasive species, and planting with (1:1)acre native forest vegetation. Component Summation Restoration Level Nutrient Offset Credits (lbs.) 25,776.04 lbs. Restoration 11.34 acres = 25,776.04 lbs. Totals 11.34 acres = Neuse Riparian Buffer Restoration Restoration Equivalent 3.5 -- Projects Components Existing Restoration/ Restoration Mitigation / Comment Acreage Mit. Ratio Acreage Acre Cessation of current land use practices, Restoration 43,560 sq. ft. / 3.5 3.5 removing invasive species, and planting with (1:1)acre native forest vegetation. Component Summation Restoration Level Neuse Riparian Buffer Credits (sq. ft.) 152,460 sq. ft. Restoration 3.5 acres = 152,460 sq. ft. Totals 3.5 acres = Pancho Bank Parcel Development Plan pg. 9 7.0References Griffith, G.E., J.M. Omernik, J.A. Comstock, M.P. Schafale, W.H. McNab, D.R. Lenat, T.F. MacPherson, J.B. Glover, and V.B. Shelbourne. 2002. Ecoregions of North Carolina and South Carolina. U.S. Geological Survey, Reston, Virginia. Neuse River Nutrient Sensitive Waters Management Strategy 15A NCAC 2B .0233, 15A NCAC 02B .0241, and 15A NCAC 02B .0242 NC Department of Environment and Natural Resources, Ecosystem Enhancement Program. Guidelines for Riparian Buffer Restoration. October 2004 Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina: Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, N.C. Department of Environment, Health, and Natural Resources. Raleigh, North Carolina. United States Fish and Wildlife Service (USFWS). 2013. Endangered Species, Threatened Species, Federal Species of Concern, and Candidate Species, Alamance County, North Carolina Available: http://www.fws.gov/raleigh/species/cntylist/wayne.html \[March, 2013\]. United States Fish and Wildlife Service. USDA, Soil Conservation Service, 1974. Soil Survey of Wayne County Pancho Bank Parcel Development Plan pg. 10 Appendix A: Figures Figure 1 – Parcel Location Figure 2 – Service Area Figure 3 – NRCS Wayne County Soil Survey Figure 4 – Pre-Construction Parcel Conditions Figure 5 – Post Construction Credit Determination (a & b) Pancho Bank Parcel Appendix A: NC DWQ Stream Determination Bank Parcel Development Packag Legend q RESTORATION SYSTEMS, LLC CURRITUCK NORTHAMPTON HERTFORD BankParcelServiceArea: GRANVILLE PERSON PASQUOTANK Serviceareafor Neuseriparianbuffermitigation HALIFAX credits istheentireNeuseRiverBasin,USGS6digitHUC PERQUIMANS 030202,per15ANCAC02B.0242(NeuseRiverBasin: NutrientSensitiveWaters CHOWAN ManagementStrategy: FRANKLIN BERTIE ORANGE DURHAM MitigationProgramforProtectionandMaintenanceof ExistingRiparianBuffers). EDGECOMBE TYRRELL NASH WASHINGTON MARTIN WAKE WILSON CHATHAM PITT JOHNSTON BEAUFORT GREENE LEE HYDE HARNETT WAYNE OORE LENOIR PAMLICO CRAVEN Parcel Location: 35.333755° N , -78.192699° W CUMBERLAND JONES HOKE SAMPSON DUPLIN CARTERET TLAND GATES CURRITUCK NORTHAMPTON BankParcelServiceArea: HERTFORD Serviceareafor NutrientOffsetmitigationcredits isthe GRANVILLE PERSON PASQUOTANK HALIFAX NeuseRiverBasinUSGS8digitHUC03020201excluding PERQUIMANS theFallsLakeDrainageBasin.Asdepictedtotheleft. CHOWAN FRANKLIN BERTIE ORANGE DURHAM EDGECOMBE TYRRELL NASH WASHINGTON MARTIN WAKE WILSON CHATHAM PITT JOHNSTON BEAUFORT GREENE LEE HYDE HARNETT WAYNE OORE LENOIR PAMLICO CRAVEN Parcel Location: CUMBERLAND JONES 35.333755° N , -78.192699° W HOKE SAMPSON DUPLIN CARTERET TLAND SCALE: RESTORATION SYSTEMS, LLC Figure 2 1101 HAYNES ST, SUITE 211 DATE: 9 - 2013 Service Area RALEIGH, NC 27604 Poject ID: Pancho BPDP PHONE : 919.755.9490 FAX : 919.755.9492 This map and all data contained within are supplied as is with no warranty. Restoration Systems, LLC expressly Aerial Imagery: (c) Microsoft disclaims responsibility for damages or liability from any claims that may arise out of the use or misuse from any claims Pancho BPDP Coordinate System: that may arise out of the use or misuse of this map. It is the sole responsibility of the user to determine if the data on this map is compatible with the user’s needs. This map was not created as survey data, nor should it be used as such. NAD_1983_SP_NC_FIPS_3200_Ft It is the user’s responsibility to obtain proper survey data, prepared by a licensed surveyor, where required by law. Pre-Construction PanchoBPDP Figure4 Site Conditions Legend q RESTORATION SYSTEMS, LLC Legend q RESTORATION SYSTEMS, LLC Appendix B: NC DWQ Stream Determination Pancho Bank Parcel Appendix B: NC DWQ Stream Determination Bank Parcel Development Package Appendix C: Conservation Easement Pancho Bank Parcel Appendix C: Conservation Easement Bank Parcel Development Package Appendix D: Correspondence with State Historic Preservation Office Pancho Bank Parcel Appendix D: Correspondence with State Historic Preservation Office Bank Parcel Development Package Appendix E: Pancho Stream Mitigation Banking Instrument & Mitigation Plan (USACE # SAW-2010-00142) Pancho Bank Parcel Appendix E: Pancho Stream Mitigation Banking Instrument & Mitigation Plan (USACE # SAW-2010-00142) Bank Parcel Development Package (Version June 2009) List of Appendices Appendix A: Final Mitigation Plan Appendix B: Property Surveys and Legal Description Appendix C: Geographic Service Area Appendix D: Bank Ledger Appendix E: Model Performance Bond Appendix F: Model Conservation Easement Appendix G: North Carolina Wildlife Habitat Foundation Letter 18