HomeMy WebLinkAbout20100806 Ver 1_Mitigation Bank Information_20140109NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
January 9, 2014
MEMORANDUM
TO: Tom Reeder
FROM: Eric Kulz��
Stream and Wetland Mitigation Coordinator
THROUGH: Karen Higgins
401 and Buffer ermitting Unit Supervisor
Cyndi Karoly LK
Wetlands Branch Supervisor
Matt Matthews tM 1'
Surface Water Protection Section Chief
SUBJECT: Division Approval of the Mitigation Banking Instrument (MBI) for the Chatham
Umbrella Mitigation Bank for Chatham Park Investors, LLC (DWQ #10 -0808)
This bank was originally proposed in 2010. A draft of the Mitigation Plan was provided in
August 2013, and the final Mitigation Plan (no changes from draft) and draft UMBI were
submitted and approved in December 2013. A copy of the Final UMBI is included for signature.
The Plan and UMBI were reviewed by T?WR as part of the Interagency Review Team (IRT).
The first site included under the UMBI is the Stinking Creek Mitigation Site, which consists
entirely of stream and wetland preservation. Staff recommends approval of this mitigation bank.
Please sign the signature page for the UMBI. I will return the signature page to USACE. We
will then receive a complete signed copy of the UMBI.
401 and Buffer Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 276991650
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919 - 807 -63001 FAX: 919- 807- 6494', Customer Service 1- 877 -623 -6748
Internet: http:llpo,Lal ncdenr.org/web /wglhome
An Equal Op-_Iun,ty At,rmative Artion En -'>yer
NorthCarohna
�aturallry
AGREEMENT TO ESTABLISH
THE CHATHAM UMBRELLA MITIGATION BANK
This Agreement To Establish The Chatham Umbrella Mitigation Bank (the "Umbrella Bank "),
hereinafter called the "Umbrella Mitigation Banking Instrument" or "UMBI ", is made and entered into this
___ day of by and among Chatham Park Investors LLC, a North
Carolina limited liability company ( "Sponsor "), the U S Army Corps of Engineers ( "USACE "), and each
of the following governmental agencies who execute this UMBI the Environmental Protection Agency
( "USEPA "), the U S Fish and Wildlife Service ( "USFWS "), the North Carolina Wildlife Resources
Commission ( "NCWRC "), and the North Carolina Division of Water Resources ( "NCDWR ") USACE,
together with the State and Federal agencies who execute this UMBI, are hereinafter collectively referred to
as the "Governmental Agencies "
The goal of the Umbrella Bank is to restore, enhance, create and preserve stream and wetland systems
to compensate in advance of unavoidable stream and wetland impacts authorized by USACE and NCDWR
pursuant to Sections 401 and 404 of the Clean Water Act, and Sections 15A NCAC 02B 0234, 02B 0235, or
02B 0242 of the North Carolina Administrative Code, in circumstances deemed appropriate by the USACE
and /or NCDWR after review through any applicable permit review process The Umbrella Bank may also
be used to provide nitrogen offset credits pursuant to 15A NCAC 02B 0240
As more particularly described herein, the Sponsor will implement stream and /or wetland mitigation
projects at sites in the Haw River Basin ( "Mitigation Sites ") The mitigation projects to be performed on a
Mitigation Site will be described in a site - specific mitigation plan submitted to the Interagency Review Team
( "IRT ") for ieview and approval ( "Site- Specific Mitigation Plan ") A Mitigation Site and the mitigation
credits associated therewith will become a part of the Umbrella Bank upon (i) written approval of the Site -
Specific Mitigation Plan for such Mitigation Site by the IRT, acting through the USACE, in the case of
impacts to waters of the United States, and (ii) amendment of this UMBI to incorporate the Mitigation Site
NOW, THEREFORE, the parties hereto agree as follows
I. Interagency Review Team.
A. Establishment of the IRT. The Governmental Agencies shall establish an IRT for the
purpose of performing the technical review, approval, and oversight functions as described in 40 CFR Part
230, Compensatory Mitigation for Losses of Aquatic Resources ( "Compensatory Mitigation Rules ") The
IRT shall consist of a designated representative of each of the Uovernmental Agencies who execute this
UMBI and shall be chaired by the designated representative of USACE, Wilmington District
B. Termination of Participation. Any member of the IRT may terminate its participation in
the IRT with notice in writing to all other parties to this UMBI Termination shall be effective seven (7) days
from placing said notices in the United States mail A member withdrawal shall not affect any prior sale or
use of credits and all remaining parties shal! certinue to implcment and enforce the terms of this UMBI
Ill, Establishment of the Umbrella Batik and Mitigation Sites
A. Establishment of Umbrella Bank. Pursuant to the Compensatory Mitigation Rules, the
Sponsor hereby establishes the Umbrella Bank, which shall be governed by this UMBI The parties
acknowledge and agree that the "Prospectus" that the Sponsor submitted for this Umbrella Bank is acceptable
(keagle \chatham pail �mingahon bank 1 -7c)
Chatham Umbrella
Mitigation Bank
Page 2
B. Mitigation Sites.
1. Site- Specific Mitigation Plans. The Sponsor shall develop a Site- Specific
Mitigation Plan for each Mitigation Site pursuant to the requirements of the Compensatory Mitigation Rules
In order to obtain mitigation credits from a Mitigation Site, the Sponsor shall perform all necessary work in
accordance with the provisions of this UMBI and the approved Site - Specific Mitigation Plan to establish
and /or maintain the Mitigation Site until it has been determined that all the conditions herein and in the Site -
Specific Mitigation Plan have been satisfied Approved Mitigation Sites shall be described in Exhibit A to
this UMBI Approved Site - Specific Mitigation Plans shall be incorporated into Exhibit B to this UMBI
2. Review of Site - Specific Mitigation Plans.
a. Mitigation plans for waters of the United States. The Sponsor shall
submit to USACE any Site - Specific Mitigation Plan for waters of the United States that the Sponsor develops
to generate credits for this Umbrella Bank, with a sufficient number of copies for each member of the IRT
After determining that the Site - Specific Mitigation Plan is complete, USACE shall promptly distribute copies
of the Site - Specific Mitigation Plan to the members of the IRT The IRT shall review and comment on all
submittals in accordance with the Compensatory Mitigation Rules To the extent authorized by USACE, the
IRT will utilize the streamlined review process specified in the Compensatory Mitigation Rules If the Site -
Specific Mitigation Plan is not approved by the IRT as originally submitted by the Sponsor, the IRT shall
provide the Sponsor with specific reasons or rationale for not approving the Site - Specific Mitigation Plan
The Sponsor may resubmit the Site - Specific Mitigation Plan with specific modifications or,justifications that
address the IRT's concerns Following the approval of any Site - Specific Mitigation Plan, the credits
associated with the approved Site - Specific Mitigation Plan shall be deemed deposited into the Umbrella Bank
in accordance with the credit release schedule contained in the approved Site - Specific Mitigation Plan
b. Mitigation Plans for Non - ,jurisdictional Wetlands. For Mitigation Sites
that restore, enhance, or preserve non - jurisdictional wetlands, the Sponsor shall submit to NCDWR each Site -
Specific Mitigation Plan the Sponsor develops to generate credits for this Umbrella Bank NCDWR shall
review and comment on all submittals within 35 days of receipt of such submittal If the Site - Specific
Mitigation Plan is not approved by NCDWR as originally submitted by the Sponsor, NCDWR shall provide
the Sponsor with specific reasons or rationale for not approving the Site - Specific Mitigation Plan The
Sponsor may resubmit the Site - Specific Mitigation Plan with specific modifications or justifications that
address NCDWR's concerns Following the approval of any Site - Specific Mitigation Plan, the credits
associated with the approved Site - Specific Mitigation Plan shall be deemed deposited into the Umbrella Bank
in accordance with the credit release schedule contained in the approved Site - Specific Mitigation Plan
3. Environmental Documentation, Permits and Authorizations; Construction If
the Sponsor elects to proceed with the implementation of an approved Site - Specific Mitigation Plan, it shall
(a) prepare any required environmental documentation and obtain all required permits or other authorizations
needed to perform mitigation projects on Mitigation Sites included in the Umbiella Bank (this UMBI does
not fulfill or substitute for such permits or authorizations), and (b) perform any construction and related
activities on the Mitigation Site in accordance with the Site- Specific Mitigation Plan
(keagle \chatham park \nnugauon bank 1-7c)
Chatham Umbrella
Mitigation Bank
Page 3
4. Monitoring and Assurance of Success.
a. The Sponsor shall perform all necessary work to monitor a Mitigation Site and
to demonstrate compliance with the success criteria established in the Site - Specific Mitigation Plan
Members of the IRT may conduct, at their own expense and in coordination with other Federal and State
resource agencies, field investigations to review and evaluate the mitigation project and determine the
functions and values of the Mitigation Sites The IRT shall use its best professional judginent to determine
wetland, stream, upland, and habitat functions and values Any member of the IRT who generates a written
report resulting from any such investigation shall promptly provide the report to the Sponsor and its
designated agents
b. The Sponsor shall be responsible for assuring the success of the restoration,
creation, enhancement and preservation activities at the Mitigation Sites, including performing any
remediation required by USACE or NCDWR, as applicable
c. The Sponsor shall submit to the USACE and NCDWR, an annual report
describing the conditions of Mitigation Sites and evaluating the conditions of the Mitigation Sites against the
success criteria in the applicable Site - Specific Mitigation Plans The Sponsor shall submit monitoring reports
for each Mitigation Site to USACE and NCDWR for the time period specified in the applicable Site - Specific
Mitigation Plan, unless success criteria have not been met at which point USACE or NCDWR, as applicable,
will determine an appropriate extension(s) of the monitoring period
d. USACE shall review the annual monitoring reports, and may, at any time, after
consultation with the Sponsor and the IRT, direct the Sponsor to take remedial action at a Mitigation Site if
the performance criteria contained in the applicable Site - Specific Mitigation Plan have not been met
e. In the event that USACE requires remedial action or the Sponsor determines that
remedial action may be necessary to achieve the required performance criteria, it shall provide advance notice
of such proposed remedial action to all members of the IRT Any proposed remedial action shall be designed
to achieve the performance criteria specified in the Site - Specific Mitigation Plan and shall include a work
schedule and monitoring criteria that take into account the physical and biological condition of the Mitigation
Site The Sponsor shall not, except to the extent required to address emergency situations, initiate any
remedial action prior to receiving approval thereof by the IRT
5. Access. The Sponsor shall allow the members of the IRT reasonable access to the
Mitigation Sites for the purposes of inspection of the Mitigation Sites and monitoring cumptiance with the
Bite- Specifc Mitigation Plan
6. phasing The Sponsor shall document in the Site - Specific. Mitigation Plan any plans
for phased construction of mitigation projects on Mitigation Sites The scope and timing of each phase shall
be at the discretion of Sponsor, subject to IRT approval However, if the Sponsor performs mitigation in
areas of a Mitigation Site beyond those for which the design has been approved by the lR 1, the Sponsor must
receive approval for this modification of the Site - Specific Mitigation Plan prior to mitigation credits from
such additional areas being added to this Umbrella Bank Credit release for phases of a Mitigation Site will
be in accordance with the credit release schedule contained in the Site - Specific Mitigation Plan for each phase
of a Mitigation Site If phasing is used on a Mitigation Site, each phase shall be individually reviewed,
tracked, and monitored by the Sponsor and the IRT
(keagk\chatP tm park \mitigation bank i 7c)
Chatham Umbrella
Mitigation Bank
Page 4
7. As -Built Report The Sponsor shall submit an as -built report for each Mitigation
Site or phase of a Mitigation Site to the IRT as soon as practical after construction of a mitigation project on
the Mitigation Site, but in no event later than 60 days after the completion of construction
8. Perpetual Protection /Real Estate Provisions. The Sponsor shall protect each
Mitigation Site that provides compensatory mitigation for impacts to waters of the United States by a
conservation easement or deed restriction ( "Conservation instrument ") approved by USACE pd- Ts6ant to the
current regulatory guidance of the Wilmington District of USACE The Sponsor shall protect all other
Mitigation Sites by a Conservation Instrument approved by NCDWR The Conservation Instrument shall
be perpetual, preserve all natural areas, and prohibit all use of the property inconsistent with its usez as -
mitigation property, including any activity that would materially alter the biological integrity-or functional
and educational value of natural resources within the Mitigation Site, consistent with the Site - Specific -
Mitigation Plan The Sponsor shall obtain the written approval by USACE, USACE Wilmington District.
Office of Counsel, or by NCDWR, as applicable, of the form of the Conservation Instrument, including the
initial grantee of the Conservation Instrument Upon the approval of a Conservation Instrument by USACE
or NCDWR, as applicable, the Sponsor or other initial grantee shall record the Conservation Instrument in
the Office of the Register of Deeds of the county in which the Mitigation Site is located The Sponsor shall
provide a copy of the recorded Conservation Instrument, showing book and page numbers of the recorded
location, to USACE or NCDWR, as applicable After recording the Conservation Instrument, the City or
other initial grantee may, with the approval of USACE or NCDWR, as applicable, convey the Mitigation Site
property either in fee or by granting an easement to a qualified land trust, state agency, or other appropriate
nonprofit organization The terms and conditions of this conveyance shall not conflict with the intent and
provisions of the Conservation Instrument nor shall such conveyance enlarge or modify the uses specified
in the Conservation Instrument
9. Financial Assurance.
a. No financial assurance shall be required for the preservation portion of any
mitigation project For all other forms of mitigation, prior to the release of any credits from a Mitigation Site,
the Sponsor shall provide USACE or NCDWR, as applicable, with a performance bond, letter of credit,
escrow agreement, or other financial assurance instrument acceptable to the iRT, USACE, and /or NCJ) W R,
as applicable, sufficient to assure completion of all remaining mitigation work, required reporting and
monitoring, and any remedial work required pursuant to this UMBI In determining the amount of the
financial assurance to be provided, the part.es acknowledge and agree that the following items should be
considered, together with any additional items appropriate for the particular mitigation work to be performed
site design, topogiaphie a,.d boundary surveys, purchase, installation and maintenancc of hydrology
monitoring devices. sediment and erosion control, grading, regrading contingency ( +30% of grading cost)
planting, replanting contingency ( +30% of planting cost), control and /or t�radicatien of undesirable plant
species, control of herbivory, measures to control access and human impacts, as -built surveys Five years of
monitoring, land acquisition and /or easement acquisition and preparation costs and Corps administrative
expenses (10% of estimated costs, for each credit released for sale Financial assurances structured to
provide funds to the Corps of Engineers in the event of default by the Sponsor are not acceptable
10. Election Not to Utilize Mitigation Site. Notwithstanding any other provision of
this UMBI, the Sponsor may at any time elect not to utilize a Mitigation Site for the generation of mitigation
credits, in which case the Sponsor shall have no further obligations with respect to such Mitigation Site
pursuant to this UMBI, provided, however, that (i) if any mitigation credits have been released but not debited
(kea.0chatham paMmmgation hank 1 -7c)
Chatham Umbrella
Mitigation Bank
Page 5
from such Mitigation Site, such credit release shall be reversed, and (it) if any mitigation credits have been
debited from such Mitigation Site, the Sponsor shall replace those credits with comparable credits from
another Mitigation Site acceptable to the IRT or NCDWR, as applicable
III. Operation of Umbrella Bank
A. Geographic Service Area The Geographic Service Area ( "GSA ") is the designated area
wherein credits from the Umbrella Bank may be used to compensate for impacts to streams and wetlands
The GSA for the Umbrella Bank will include the area within the Haw River watershed USGS Hydrologic
Unit Code ( "HUC ") 03030002 Use of the Umbrella Bank to compensate for impacts outside of the GSA
may be authorized by USACE or NCDWR, as applicable
B. Use of the Umbrella Bank. The Umbrella Bank may be used for mitigation required in the
GSA The Sponsor may sell credits in the Umbrella Bank to third parties The amount of compensatory
mitigation required for any project shall be established by the permit or authorization for that project The
USACE, after consultation with the appropriate Federal and State review agencies through the applicable
permit review process, shall make final decisions concerning the amount and type of compensatory mitigation
required for unavoidable, permitted stream or wetland impacts, and whether or not credits from the Umbrella
Bank may be used to provide compensatory mitigation for such impacts In the-case of stream or wetland
impacts that do not require a USACE permit and that are authorized by NCDWR shall determine whether or
not credits from the Umbrella Bank may be used for such impacts /offsets
C. Credit Deposit and Release.
1. Credit Deposit. Upon the addition of a Mitigation Site to the Umbrella Bank by
amendment of this UMBI, the projected mitigation credits to be generated by the mitigation project on the
Mitigation Site, as documented in the approved Site - Specific Mitigation Plan, shall be deposited to the
Umbrella Bank
2. Additional Financial Assurance. Upon-the addition of a Mitigation Site to the
Umbrella Bank by amendment of this UMBI, additional- financial assurance shall be provided by the Sponsor
for-such additional Mitigation Site in the manner specified in Section II B 9 of this UMBI
3. Immediate Release of Credits. Fifteen percent (15 %) of [lie total credits generated
by a restoration, enhancement or creation project on any Mitigation Site and one hundred percent (100 %) of
the total credits generated by preservation projects on any Mitigation Site shall tie released (i e , available for
tile) from tli- Irmb7clla Bank immediately upon completion of all of following ict,ons
a. Approval by the IRT of the Site - Specific Mitigation Plan for the Mitigation
Site,
b. Inclusion of the Mitigation Site in this executed UMBI, as amended from
time to time,
C. Recordation of the Conservation Instrument for the Mitigation Site, as well
as provision of a title opinion acceptable to USACE or NCDWR, as applicable, and
(kcaele \chatham park \m ingation bank 1 -7c)
Chatham Umbrella
Mitigation Bank
Page 6
d. Delivery of financial assurances as required by this UMBI
The Sponsor shall complete the initial physical and biological improvements to each Mitigation Site that
generates credits for the Umbrella Bank no later than the first full year following initial deposit of credits
generated from the Mitigation Site to the Umbrella Bank
4. Subsequent Release of Credits. Subject to the Sponsor's continued satisfactory
completion of all required success criteria and monitoring for restoration or enhancement projects, additional
mitigatidn credits from each Mitigation_Site shall be released from the Umbrella Bank on the following
schedules as applicable to wetlands and streams
Wetlands
Action
Project Milestone
Percent ( %)
of Credit
Release
Construction
Complete all initial physical and biological improvements pursuant to the
Site - Specific Mitigation Plan
15
I" Year Monitoring
Submit monitoring report and Mitigation Site meets success criteria
10
2" Year Monitoring
Submit monitoring report and Mitigation Site meets success criteria
10
3`d Year Monitoring
Submit monitoring report and Mitigation Site meets success criteria
10
4`h Year Monitoring
Submit monitoring report and Mitigation Site meets success criteria
10
5`h Year Monitoring
Submit monitoring report and Mitigation Site meets success criteria
10
6th Year Monitoring
Submit monitovng report and Mitigation S.te meets success criteria
10
7 h Year Monitoring
Submit monitoring report and Mitigation Site meetz success criteria
I
I t 0
(keagle \chatham park \mmgauun bank 1 -7c)
Chatham Umbrella
Mitigation Bank
Page 7
Streams
Action
Project Milestone
Percent ( %)
of Credit
Release
Construction
-=
Complete all initial physical and biological improvements pursuant to _
the Site- Specific Mitigation Plan
15
I" Year Monitoring
Submit monitoring report and Mitigation Site meets success criteria
10
2nd -Year Monitoring
Submit monitoring report and Mitigation Site meets success criteria
10
3`d Year Monitoring
Submit monitoring report and Mitigation Site meets success criteria
10
4`h Year Monitoring
Submit monitoring report and Mitigation Site meets success criteria
10
5ih Year Monitoring
Submit moiuiuring report and Mitigation Site meets success criteria
15
Bankfull Events*
Occurrence of two Bankfull Events*
15
* The release of 15 percent is contingent upon at least two bankfull event occurrences, in separate years, provided that
the stream channel is stable and all other success criteria are met In the event that less than two bankfuli events occur
during the monitoring period, the release of the remaining credit shall be at the discretion of the Interagency Review
Team
5. Alternative Credit Release Schedules or Additional Conditions on Credit
Release The Site- Specific Mitigation Plan for a Mitigation Site may contain an alternative release schedule
of alteinative credit relc"e wi ditiona If the t,iedit ielea.e schedule or conditions in the apprvved Site -
Specific Mitigation Plan for any Mitigation Stte are difteient fiom those contained in this Section III.C., fhe
credit release schedule and conditions in the Site- Specific Mitigation Plan shall govern the release of credits
generated by the Mitigation Site If the approved Site- Specific Mitigation Plan contains additional conditions
on the release of credits generated by the Mitigation Site, the Sponsor shall not release any such credits from
the Umbrella Bank until the additional conditions are met
(keagle \chatham parl,\mingation bank 1 -7c)
Chatham Umbrella
Mitigation Bank
Page 8
6. Approval of Credit Release.
a. Credits for Waters of the United States All releases of credits in the
Umbrella Bank for mitigation of waters of the United States shall be made in accordance with the
Compensatory Mitigation Rules
b. Credits for Non - ,jurisdictional Wetlands In order to release credits in the
Umbrella Bank for mitigation of Non - jurisdictional Wetlands, the Sponsor shall request that NCDWR
approve such credit release and shall submit documentation demonstrating that the action for which the
Sponsor seeks the release of credits has been successfully completed NCDWR shall review the Sponsor's
request for a release of credits and if NCDWR determines that a visit to the applicable Mitigation Site is
necessary, cooperate with the Sponsor to schedule the site visit as soon as is practicable ,NCDWR shall use
best efforts to notify the Sponsor within 30 days from the date of the Sponsor's request and submittal of
supporting documentation of its decision as to whether the required action has been completed and the credits
can be released
D. Effect of Debit from the Umbrella Bank The Sponsor shall be legally responsible for
providing compensatory mitigation in the amount of any debit from the Umbrella Bank either when the
credits are used for the Sponsor's own project or when the Sponsor transfers credits to a third -party permittee
E. Accounting. The Sponsor shall establish and maintain ledgers to account for all credit
deposit, release and debit transactions of the Umbrella Bank The Sponsor shall maintain a separate ledger
for each of the following types of transactions
wetlands, and
2 streams
The Sponsor shall notify the USACE or NCDWR, as applicable, in writing of each such transaction within
30 days The Sponsor shall provide the USACE or NCDWR, as applicable, with updated credit deposit,
release and debit ledgers annually The ledgers shall include the following information with respect to each
debit project name, permittee, permit number, type of permit, locality, type of impacted system, amount of
impacts, amount of debit from the Umbrella Bank, USGS HUC, and date of transaction With respect to
credits, the ledgers shall specify the type of activity that generated each credit (for example, preservation,
enhancement, or restoiation)
F. Annual Report. Until such time as all credits proposed for inclusion in the Umbrella Bank
have been debited or this UMBI is otherwise terminated, the Sponsor shall prepare and submit to USAGE
and each member of the IRi an annual report on each anniversary of the date of execution of this UMBI
I he annual report shall identify, by type, all credits deposited to, released, and debited from the Umbrella
Bank and the balance of credits remaining, and, for each credit debited from the Umbielld Bank, the USACE
Action iD number and /or NCDWR Permit Number and Project Name for the project for which the credits
were debited
(keagl6chatham park, ingation bank 1 -7c)
Chatham Umbrella
Mitigation Bank
Page 9
IV. Default.
A. Notice and Effect of Default If USACE or NCDWR determines that the Sponsor is in
material default of any provision of this UMBI, the agency making such determination may notify the
Sponsor in writing that the debit of any credits from the Umbrella Bank is suspended until the default is
cured, provided, however, that if the default relates to the implementation of a Site - Specific Mitigation Plan
for a Mitigation Site, the suspension shall apply only to the debit of credits from that Mitigation Site Upon
notice of such suspension, the Sponsor shall comply with the terms of the suspension until it is lifted by the
issuing agency
B. Failure to Submit Required Monitoring Reports No credits associated with the submittal _
of an annual monitoring report to USACE or NCDWR may be released until the report has been submitted
by the Sponsor If the Sponsor fails to submit one or more required annual monitoring reports, in addition
to any other remedy that may be imposed by USACE or NCDWR pursuant to this UMBI or applicable laws
and regulations, the Sponsor shall perform an additional year of monitoring and submittal to the USACE or
NCDWR of the associated annual monitoring report
C. Failure to Cure Default If the Sponsor fails to cure a noticed default in a timely fashion,
the USACE or NCDWR may terminate all future debits from the Umbrella Bank In the event of such
termination, the Sponsor shall perform all obligations under this UMBI relating to credits that were debited
prior to termination
D Events not constituting default Any delay or failure by the Sponsor to carry out its
obligations under the UMBI shall not constitute a default hereunder if and to the extent that such delay or
failure is primarily caused by any act, event or conditions beyond the Sponsor's reasonable control, including
(i) acts of God, lightning, earthquake, fire, landslide, drought, hurricane, storm, flood, or interference by third
parties, (u) condemnation or other taking by any governmental body, (iii) change in applicable law,
regulation, rule, ordinance or permit condition, or the interpretation or enforcement thereof, (iv) any order,
judgment, action or determination of any federal, state or local court, administrative agency or government
body, or (v) the suspension or interruption of any permit, license, corsent, zuthorizatron or approval If the
performance of the Sponsor is affected by any such event, Sponsor shall give written notice thereof to the
USACE or NCDWR as soon as is reasonably practicable If such event occurs before the final availability
of all credits for sale, the Sponsor shall take remedial action to restore the properry to its condition prior to
such event, in a manner sufficient to provide adequate mitigation to cover credits that were debited prior to
such delay or failure to compensate for impacts to waters, including wetlands, authorized by USACE permits
Si,ch rornedial action shall be taken by the Sponsor only to the extent necessary and appropriate, a.
determined br the USACE or NCD%k'R
V Closuie.
The Umbrella Bank shall not be closed until all Mitigation Sites from which credits have been debited
from the Umbrella Bank have met all applicable success criteria If all Mitigation Sites have met all
applicable success criteria, the Umbrella Bank shall be deemed closed upon (t) the debit of the last credit in
the Umbrella Bank or (it) or upon written approval by USACE or NCDWR after written request by the
Sponsor to close the Umbrella Bank
(keagle \chath on park \mrttgatton bank 1 -7u)
Chatham Umbrella
Mitigation Bank
Page 10
V1. General Provisions.
A. Third -Party Beneficiary No third party shall be deemed a beneficiary hereof and no one
except the signatories hereof, their successors and assigns, shall be entitled to seek enforcement hereof
B. Entire Agreement This UMBI constitutes the entire agreement between the parties
concerning the subject matter hereof and supersedes all prior agreements or undertakings = -
C. Severability In the event any provision contained in this UMBI is held to be invalid, illegal
or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other
provisions hereof; and this UMBI shall be construed as if such invalid, illegal or unenforceable provision, had - _ not been contained herein
D. Governing Laws This UMBI shall be governed by and construed in accordance with the
laws of North Carolina and the United States, as appropriate
E. Execution in Counterparts This UMBI maybe executed by the parties in any combination,
in one or more counterparts, all of which together shall constitute but one and the same instrument The last
date that this UMBI is executed by a party is the date of execution of this UMBI and shall be inserted in the
first paragraph hereof
F. Notices All notices and required reports shall be sent by regular mail to each of the parties
at their respective addresses, provided below
SPONSOR:
Chatham Park Investors LLC
Attn Timothy R Smith
100 Weston Estates Way
Cary, North Carolina 27513
USACE:
Monte K Matthews
U S Army Corps of Engineers, Regulatory Division
Raleigh Regulatory Field Office
3331 Heritage '1 tade Drive, Suite 105
Wake Forest, Noah Carolina 27587
USEPA-
U S Environmental Protection Agency
1349 Firefly Road
Whittier, North Carolina 28789
(keagle \chalhamn parkVningahon bank 17c)
Chatham Umbrella
Mitigation Bank
Page 1 l
USFWS:
U S Fish and Wildlife Service
P O Box 33726
Raleigh, NC 27363 -3726
NCDWR:
NCDENR - Division of Water Resources, 401/ Wetlands Unit
1650 MSC
Raleigh, NC 27699 -1650
NCWRC:
North Carolina Wildlife Resources Commission
P O Box 129
Sedalia, NC 27342 -0129
{Signature pages follow}
(keegleNchatham park \mitigation hank 1 -7c)
Chatham Umbrella
Mitigation Bank
Page 12
IN WITNESS WHEREOF, each of the parties hereto has executed this "Agreement To Establish
The Chatham Umbrella Mitigation Bank" in legal and binding form
Chatham Park Investors LLC
By
Timothy R Smith, Manager
Date
U.S. Army Corps of Engineers
By _
Title
Date
(keagle\chatham park \mitigation hank 1 -7c)
Chatham Umbrella
Mitigation Bank
Page 13
IN WITNESS WHEREOF, each of the parties hereto has executed this "Agreement To Establish
The Chatham Umbrella Mitigation Bank" in legal and binding form
U.S. Environmental Protection Agency
By _
Name
= " Title
Date
(keagle \chatham park \nuhgahon bank 1 -7c)
Chatham Umbrella
Mitigation Bank
Page 14
IN WITNESS WHEREOF, each of the parties hereto has executed this "Agreement To Establish
The Chatham Umbrella Mitigation Bank" in legal and binding form
U.S. Fish and Wildlife Service
By _
Name
Title
Date
(keagle \chatham park \m ligation bank 1 -7c)
Chatham Umbrella
Mitigation Bank
Page 15
IN WITNESS WHEREOF, each of the parties hereto has executed this "Agreement To Establish The
Chatham Umbrella Mitigation Bank" in legal and binding form.
North Carolina Division of Water Resources
- -i'6 ✓i
Name: 1Ids _ �' ��]✓ " - - -"
Title: - - - - -� ✓ ��iy 0 y2 ¢ �>�b�li,
Date: Lr
(keagle \chathar park \mitigation bank I -7, )
Chatham Umbrella
Mitigation Bank
Page 16
IN WITNESS WHEREOF, each of the parties hereto has executed this "Agreement To Establish The
Chatham Umbrella Mitigation Bank" in legal and binding form
NC Wildlife Resources Commission
By __
Name
Title
Date
(keagle \chathan park \mingatton bank 1 -7,1
EXHIBIT A
APPROVED MITIGATION SITES
1. Stinking Creek Site
Chatham Umbrella
Mitigation Bank
Page 17
LYING AND BEING in or near the Town of Pittsboro, Wake County, North Carolina, and being
more particularly described as follows
Conservation Easement #1, containing 19 604 acres (853,942 square feet), more or less, and
Conservation Easement #2, containing 24 323 acres (1,059,524 square feet), more or less, as shown on a plat
recorded in the Chatham County, North Carolina Registry in Plat Slide 2013 -48, said plat being incorporated
by reference as if fully set out herein
(kewle \chatham park \miuganon bank 1 -7c)
EXHIBIT B
SITE - SPECIFIC MITIGATION PLANS
(keaglc Chatham park \mrttgation hank 1 -7c)
Chatham Umbrella
Mitigation Bank
Page 18
AS i lD S F MY OF ORf Ft VFNNRE MID 5EAL3 lN, �CAN
SURVEY CERTIFICATE
/
rM OF PLAT SEAL
I NICh4a E MCKERSON AS A PROFESSIONLL LAND SURVEYOR W ME
\
Axm, r. LWial ,
rD „.a,.
npx v mri ''w aAaawe a '` C OK•�
/
STATE OF NORM CAROLINA. DO HEREBY CERTIFY TFM7 fM5 PU7 WAS
RVE1' WOE UNDER
/
DRAWN UNDER W SUPERN9DN FROM AN
W SUPER VISION AND COMPLETED ON t LA USING THE
/
REFERENCES SHOWN HEREON iHA7 ME BOON ES .1 SURVEYED
ARE CLEARLY INOW HE AS DRAWN FROM RATIO OF P FWND A THE
REFERENCES SHOWN NORTH THAN THE RATIO OF PRECSION AS
/
WCINRY MAP waaup unAWw RDr
CLLCUUTEO S I rS OOOr THAT MS AW WAS PREPARED
IN ACCORDANCE WITH NORM CAROLINA GENERAL STARJ7E5 N -JO
xAn mEGtE wrmWlnN --- /
\
AS i lD S F MY OF ORf Ft VFNNRE MID 5EAL3 lN, �CAN
ONL r n Po. SSa \rtN aMF,I -7rar
f
/
rM OF PLAT SEAL
L rcwa L aKwaa rllararowlL um MA11aa Ne. L -rlp LA /
morn tD DA[ a aou r PW FaILDWrAr q ol°aD mOW y_
® D I IAII MI 4 ar A SIMMY a MJIIUI GWIXWr SVOI q ^,O
M
Axm, r. LWial ,
rD „.a,.
npx v mri ''w aAaawe a '` C OK•�
/
Ala I.e Iw.p
/
WCINRY MAP waaup unAWw RDr
r'�
xAn mEGtE wrmWlnN --- /
1 �x ^r
Crr+ D0. r)m /PoMSrfaa
-
42
' "�
°«r,xx wxvwroor3aNS uc
N ADaW LLD
� � _ ,''•'�`' �
/ SOHO- SN40ED ARM S
CONSERVA1)ON EASEMENT 11
/ ao'" F
IO 80{ S s
-.0
1cP��irtWxAN10oYIwr °� �' � A,p�'v'
a rap.DlN uK C��
CraMW AMa w,ESlaq 4C ,� a4 ��-
Dl r3f] ro Wa A
IJH MEFro -)T)a � /
ra ��
A f �IDU lµ
l�
SOW- SNApEO AREA 6
CCNSEMIX0l FASE191r,F7 s«
I OW 324 SF
24 323 AC
0
NI—
r
Mr O YtR
.alnW �_AtrnN0r1
/
yP ban�lAxarpoMSpS LLC I� Y �»�' 4 � _
a �`" -�^ � a{P�'AiMrlrsi ra apl\ aDDa �EJO°rro�I 17_ � T 1
LLD
ONL r n Po. SSa \rtN aMF,I -7rar
f
\ / LDI) 1 �
- `!
P+ry
Axm, r. LWial ,
rD „.a,.
,
1 - --
co
M
' "�
N ADaW LLD
� � _ ,''•'�`' �
�aaro
vi aMa -x-a", ,
, i
FILED Mar 12 M13 12 48 58 pm
CERTIFICATION
`
y awn ` Ip1
I
PLAT SLIDE 02013 —0018 r
INSTRUMENT 02973 a aepa
�OWNEWS
.rw Olxm'�mv. w�ifir Nan �m ta.rgMO � f a �r �
rswmm LIIlMC SaBMA iSe
/�
e a�eo °i rv�i
/
cca®R
AxD Au Aumt taAUqw�r, tww uo. ran Aatrr
saDLC utula E�vD' m NO WRnr D1EN P1CU ro Pa�A: a nuNrt
RENEW - STATE
CM%
IR a KI[p. run,esae� rLap Lamy nwr rK 1VA• q sK.N ,apSnx
AIM al►MiT YOQO, 4RUtp4 IAx 6 Rir51alD
FATES
r xW tta/Nm A lm6.NR ,f11lpl
a
F CPA
DF NORRI CAROWK COUNM1 OF Cli1TNAY
NORTH OkR COU 7
W.AAn. ile1I
A EoWN
/ a6 S IOURaZ Y •lPT d eGaAT K Dap ptp CAD tra¢ a n
Dv'a
,
aEVaw )a °NT)Aa DGUND' Laarar ]IMI M
hNrINY LIC
Po�roNU1Ma CoJ NPAAat amw mp o M nrmx
>a
M11 a MT r0 aMrUr Mf CmrRlGrax tl MFaD 1[Frs
ALL rIAMD.R,' aCalYmmlrs RN acatan
LT rOF
r NANA rE
51MaY W II,MMm WI,nVr M a•Olf
P,xSd: 1 �°iG 911 "rH.dfd°pc
arw,ir Ae ,nr¢pn aaa pucwm
I . d. ll.Li } %7-13
at"�let aaRxW Grz
NOT PV9p�
12
I..ww(a.i�Yl3� A pp
a'
m C tis.. l ^
,y
a vro m u uu Gmon avWne amr
CERTIFICATE OF APPROVAL FOR RECORD47YON
., cq���vyM�
e q rM M Z}
O®f O al �R M mlI00At G• frM.O
Wnsn) of Mo 1N mn,w uq
r xa®r mnrr rlNr sw nroF[Rlr auusc5 q AN L1wICN m
eF IM TruaOdY Cf
NV7ARY }Is
l
) i a4.¢ opm n'Aw wsm
nrasou or nr +fir a ertrseaDS a711 �.
—/
w
wry. CAN a.re .r �ar, m) t Ir �
l r .AS 't 4 g
FC
swl�s it
T,c ur Aur. mos a Ewrme
300 0 300 800
$A�t�3l� 1✓ilSAd� / 3
nAwa ware / rwrN a mrmarp
n1BUC ACA r+Y
SCALE T" = 300 RECORDED IN BOOK OF
MAPS PAGE , CHATHAM COUNTY
law
CONSERVATION EASEMENT PLAT
coo
I�
FOR CHATHAM COUNTY
WITHERS RAVENEL
I PLANNERS I SURVEYORS
R
OWNER CHATHAM PARK INVESTORS LLC
ENGINEERS
-
vi
N
HAW RNERTOWNSHIP CHATHAM COUNTY NORM CAROVNA
111 Ratlreroa P'xN Cary NOM Cxabo 27511 an n8arvprcn lcan
vvi
o
teL Sit- 469 -iW Carmata U— IC-U2
PLAT OF SURVEY
AO 13 -48
EXHIBIT B
SITE - SPECIFIC MITIGATION PLANS
(keagle \chatham park\mrtigadon bank 1 -7)
Chatham Umbrella
Mitigation Bank
Page 18
EXHIBIT A
APPROVED MITIGATION SITES
I. Stinking Creek Site
Chatham Umbrella
Mitigation Bank
Page 17
LYING AND BEING in or near the Town of Pittsboro, Wake County, North Carolina, and being
more particularly described as follows
Conservation Easement #1, containing 19 604 acres (853,942 square feet), more or less, and
Conservation Easement #2, containing 24 323 acres (1,059,524 square feet), more or less, as shown on a plat
recorded in the Chatham County, North Carolina Registry m Plat Slide 2013-48, said plat being incorporated
by reference as if fully set out hereiri
- - i
(keagle \chatham park\mitigahon bank 1 -7)
Chatham Umbrella
Mitigation Bank
Page 16
IN WITNESS WHEREOF, each of the parties hereto has executed this "Agreement To Establish The
Chatham Umbrella Mitigation Bank" in legal and binding form
NC Wildlife Resources Commission
By. _
Name.
Title-
Date
(keagle \chatham paMmingation bank 1 -7)
Chatham Umbrella
Mitigation Bank
Page 15
IN WITNESS WHEREOF, each of the parties hereto has executed this "Agreement To Establish The
Chatham Umbrella Mitigation Bank" m legal and binding form
NC Division of Water Quality
By.
Name.
Title.
Date.
(keaglelehatham parMmitigation bank 1 -7)
Chatham Umbrella
Mitigation Bank
Page 14
IN WITNESS WHEREOF, each of the parties hereto has executed this "Agreement To Establish
The Chatham Umbrella Mitigation Bank" in legal and binding form
U.S. Fish and Wildlife Service
By.
Name
Title.
Date
(keagle \chatham park\mitigation bank 1 -7)
Chatham Umbrella
NEtigation Bank
Page 13
IN WITNESS WHEREOF, each of the parties hereto has executed this "Agreement To Establish
The Chatham Umbrella Mitigation Bank" in legal and binding form
U.S. Environmental Protection Agency
By _
Name-
Title.
Date
(keagle \chatham paMmitigation bank 1 -7)
I
Chatham Umbrella
Mitigation Bank
Page 12
IN WITNESS WHEREOF, each of the parties hereto has executed this "Agreement To Establish
The Chatham Umbrella Mitigation Bank" in legal and bmding form
Chatham Park Investors LLC
By
Timothy R Smith, M ager
Date
U.S. Army Corps of Engineers
By- _
Title
Date
(keagle \chatham park\rmtigahon bank 1 -7)
Chatham Umbrella
Mitigation Bank
Page 11
U S Fish and Wildlife Service
P O Box 33726
Raleigh, NC 27363 -3726
NCDWQ: _
NCDENR, Division of Water Quality, 401/ Wetlands Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604
North Carolina Wildlife Resources Commission
P O Box 129
Sedalia, NC 27342 -0129
{Signature pages follow}
(keagle \chatham park\mitigation bank 1 -7)
Chatham Umbrella
Mitigation Bank
Page 10
VI. General Provisions.
A. Third -Party Beneficiary No third party shall be deemed a beneficiary hereof and no one
except the signatories hereof, their successors and assigns, shall be entitled to seek enforcement hereof
B. Entire Agreement This UMBI constitutes the entire agreement between the parties
- concerning the subject matter hereof and supersedes all prior agreements or undertakings
C. Severability. In the event any provision contained in this UMBI is held to be invalid, illegal
or unenforceable in any respect, such invalidity, Illegality or unenforceability will not affect any other
_provisions hereof, and this UMBI shall be construed as if such invalid, illegal or unenforceable provision had
not been contained herein
Governing Laws This UMBI shall be governed by and construed in accordance with the
laws of North Carolina and the United States, as appropriate.
E. Eaecutioi in Counterparts. This UMBI maybe executed by the parties many combination;
in one or more counterparts, all of which together shall constitute but one and the same instrument. The last
date that this UMBI is executed by a party Is the date of execution othis UMBI and shall be inserted in the
first paragraph hereof
F. Notices All notices and required reports shall be sent by regular mail to each of the parties
at their respective addresses, provided below-
SPONSOR:
Chatham Park Investors LLC
Attn Timothy R Smith
100 Weston Estates Way
Cary, North Carolina 27513
USACE:
Monte K Matthews
U S. Army Corps of Engineers, Regulatory Division
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
USEPA:
U S Environmental Protection Agency
1349 Firefly Road
Whittier, North Carolina 28789
(keaglekhatham paMmidgation bank 1 -7)
Chatham Umbrella
Mitigation Bank
Page 9
IV. Default.
A. Notice and Effect of Default If USACE or NCDWQ determines that the Sponsor is in
material default of any provision of this UMBI, the agency making such determination may notify the
Sponsor m writing that the debit of any credits from the Umbrella Bank is suspended until the default is
cured, provided, however, that if the default relates to the implementation of a Site - Specific Mitigation Plan
for a Mitigation Site, the suspension shall apply only to the debit of credits from that Mitigation Site Upon -
notice of such suspension, the Sponsor shall comply with the terms of the suspension until it is lifted by the
issuing agency
B. Failure to Submit Required Monitoring Reports No credits associated with the submittal
of an annual monitoring report to USACE-or NCDWQ may be released until the report has been submitted
by the Sponsor If the Sponsor fails to submit one or more required annual monitoring reports, in addition
to any other remedy that may be unposed by USACE or NCDWQ pursuant to this UMBI or applicable laws
and regulations, the Sponsor shall perform an additional year of monitoring and submittal to the USACE or
NCDWQ of the associated annual monitoring report
C. Failure to Cure Default If the Sponsor fails to cure a noticed default in a timely fashion,
the USACE or NCDWQ may terminate all future debits from the Umbrella Bank In the event of such
termination, the Sponsor shall perform all obligations under this UMBI relating to credits that were debited
prior to termination
D. Events not constituting default Any delay or failure by the Sponsor to carry out its
obligations under the UMBI shall not constitute a default hereunder if and to the extent that such delay or
failure is primarily caused by any act, event or conditions beyond the Sponsor's reasonable control, including
(i) acts of God, lightning, earthquake, fire, landslide, drought, hurricane, storm, flood, or interference by third
parties, (u) condemnation or other taking by any governmental body, (iii) change in applicable law,
regulation, rule, ordinance or permit condition, or the interpretation or enforcement thereof, (iv) any order,
judgment, action or determination of any federal, state or local court, administrative agency or government
body, or (v) the suspension or interruption of any permit, license, consent, authorization or approval If the
performance of the Sponsor is affected by any such event, Sponsor shall give written notice thereof to the
USACE or NCDWQ as soon as is reasonably practicable If such event occurs before the final availability
of all credits for sale, the Sponsor shall take remedial action to restore the property to its condition prior to
such event, in a manner sufficient to provide adequate mitigation to cover credits that were debited prior to
such delay or failure to compensate for impacts to waters, including wetlands, authorized by USACE permits
Such remedial action shall be taken by the Sponsor only to the extent necessary and appropriate, as
determined by the USACE or NCDWQ
V. Closure
The Umbrella Bank shall not be closed until all Mittgation Sites from which credits have been debited
from the Umbrella Bank have met all applicable success criteria If all Mitigation Sites have met all
applicable success criteria, the Umbrella Bank shall be deemed closed upon (i) the debit of the last (redo in
the Umbrella Bank or (n) or upon written approval by USACE or NCDWQ after written request by the
Sponsor to close the Umbrella Bank
(keaglelchatham parkAmhgation bank 1 -7)
Chatham Umbrella
Mitigation Bank
Page 8
6. Approval of Credit Release.
a. Credits for Waters of the United States All releases of credits in the
Umbrella Bank for mitigation of waters of the United States shall be made in accordance with the
Compensatory Mitigation Rules
b. Credits for Non-jurisdictional Wetlands In order to release credits in the
Umbrella Bank for mitigation of Non jurisdictional Wetlands, the Sponsor shall request that NCDWQ
approve such credit release and shall submit documentation demonstrating that the action for which the
Sponsor seeks the release of credits has been successfully completed NCDWQ shall review the Sponsor's
request for a release of credits and if NCDWQ determines that a visit to the applicable Mitigation Site is
necessary, cooperate with the Sponsor to schedule the site visit as soon as is practicable NCDWQ shall use
best efforts to notify the Sponsor within 30 days from the date of the Sponsor's request and submittal of
supporting documentation of its decision as to whether the required action has been completed and the credits
can be released
D. Effect of Debit from the Umbrella Bank The Sponsor shall be legally responsible for
- providing compensatory mitigation in the amount of any debit from the Umbrella Bank either when the
credits are used for the Sponsor's own project or when the Sponsor transfers credits to a third -party peimittee
E. Accounting. The Sponsor shall establish and .mamtam ledgers to account for all credit
deposit, release and debit transactions of the Umbrella Bank The Sponsor shall maintain a separate ledger
for each of the following types of transactions
1 wetlands, and
2 streams
The Sponsor shall notify the USACE or NCDWQ, as applicable, in writing of each such transaction within
30 days The Sponsor shall provide the USACE or NCDWQ, as applicable, with updated credit deposit,
release, and debit ledgers annually The ledgers shall include the following information with respect to each
.debit - project name, permittee, permit number, type of permit, locality, type of impacted system, amount of
impacts, amount of debit from the Umbrella Bank, USGS HUC, and date of transaction With respect to
credits, the ledgers shall specify the type of activity that generated each credit (for example, preservation,
enhancement, or restoration)
F. Annual Report. Until such tune as all credits proposed for inclusion in the Umbrella Bank
have been debited or this UMBI is otherwise terminated, the Sponsor shall prepare and submit to USACE
and each member of the IRT an annual report on each anniversary of the date of execution of this UMBI
The annual report shall identify, by type, all credits deposited to, released, and debited from the Umbrella
Bank and the balance of credits remaining, and, for each credit debited from the Umbrella Bank, the USACE
Action ID number and/or DWQ Permit Number and Project Name for the project for which the credits were
debited
(keaglekbatham park\mmgadon bank 1-7)
Chatham Umbrella
Mitigation Bank
Page 7
Streams
Action
Protect Milestone
Percent ( %)
of Credit
Release
Construction
Complete all initial physical and biological improvements pursuant to
the Site - Specific Mitigation Plan
15
_
I' Year Monitoring
Submit monitoring report and Mitigation Site meets success criteria
10
2 "d Year Monitoring
Submit monitoring report and Mitigation Site meets success criteria
10
3' Year Monitoring
Submif monitoring report and Mitigation Site meets success criteria
-10
4th Year Monitoring
Submit - monitoring report and Mitigation Site meets success criteria
10
5' Year Monitoring
Submit monitoring report and Mitigation Site meets success criteria
15
Bankfull Events*
Occurrence of two Bankfull Events*
15
* The release of 15 percent is contingent upon at least two bankfull event occurrences, in separate years, provided that - the stream channel is stable and all other success criteria are met In the event that less than two bankfull events occur
during the monitoring period, the release of the remaining credit shall be at the discretion of the Interagency Review
Team
5. Alternative Credit Release Schedules or Additional Conditions on Credit
Release The Site - Specific Mitigation Plan for a Mitigation Site may contain an alternative release schedule
or alternative credit release conditions If the credit release schedule or conditions in the approved Site -
Specific Mitigation Plan for any Mitigation Site are different from those contained in this Section III.C., the
credit release schedule and conditions m the Site - Specific Mitigation Plan shall govern the release of credits
generated by the Mitigation Site If the approved Site - Specific Mitigation Plan contams additional conditions
on the release of credits generated by the Mitigation Site, the Sponsor shall not release any such credits from
the Umbrella Bank until the additional conditions are met
(keagl6chatham parkVmtigation bank 1 -7)
Chatham Umbrella
Mitigation Bank
Page 6
d. Delivery of financial assurances as required by this UMBI
The Sponsor shall complete the initial physical and biological improvements to each Mitigation Site that
generates credits for the Umbrella Bank no later than the first full year following initial deposit of credits
generated from the Mitigation Site to the Umbrella Bank
4.- Subsequent Release of Credits. Subject to the Sponsor's continued satisfactory
completion of all required success criteria and monitoring for restoration or enhancement projects, additional
mitigation credits from each Mitigation Site shall be released from the Umbrella Bank on the following
schedules as applicable to wetlands and streams
- Wetlands
Action
Protect Milestone '_ _
Percent ( %)
of Credit
Release
Construction
Complete all mitiarphysical and biological improvements pursuant to the
Site - Specific Mitigation Plan
15
V Year Monitoring
Submit monitoring report and Mitigation Site meets success criteria
10
2" Year Monitoring
Submit monitoring report and Mitigation Site meets success criteria
10
3rd Year Monitoring
Submit momtoring report and Mitigation Site meets success criteria
10
4' Year Monitoring
Submit monitonng report and Mitigation Site meets success criteria
10
5' Year Monitoring
Submit monitoring report and Mitigation Site meets success criteria
10
6 " Year Monitoring
Submit monitoring report and Mitigation Site meets success criteria
10
r Year Monitoring
Submit monitoring report and Mitigation Site meets success criteria
10
(keagle \chatham park\mitigatim bank 1 -7)
Chatham Umbrella
Mitigation Bank
Page 5
from such Mitigation Site, such credit release shall be reversed, and (ii) if any mitigation credits have been
debited from such Mitigation Site, the Sponsor shall replace those credits with comparable credits from
another Mitigation Site acceptable to the IRT or NCDWQ, as applicable
1II. Operation of Umbrella Bank.
A. Geographic Service Area The Geographic Service Area ( "GSA ") is the designated area
wherein credits from the Umbrella Bank may be used to compensate for impacts to streams and wetlands
The GSA for the Umbrella Bank will include the area within the Haw River watershed USGS Hydrologic
Unit Code ( "HUC ") 03030002 Use of the Umbrella Bank to compensate for impacts outside of the GSA
may be authorized by USACE or NCDWQ, as applicable
B. Use of the Umbrella Bank. The Umbrella Bank may be used for mitigation required in the
GSA The Sponsor may sell credits in the Umbrella Bank to thud parties The amount of compensatory
mitigation required for any project shall be established by the permit or authorization for that project The
USACE „after consultation with the appropriate Federal and State review agencies through the applicable
permit review process, shall make final decisions concerning the amount and type of compensatory mitigation
required for unavoidable, permitted stream or wetland impacts, and whether or not credits from the Umbrella
Bank may be used to provide compensatory mitigation for such impacts In the case of stream or wetland
impacts that do not require a USACE permit and that are authorized by NCDWQ shall determine whether
or not credits from the Umbrella Bank may be used for such impacts /offsets
C. Credit Deposit and Release.
1. Credit Deposit. Upon the addition of a Mitigation Site to the. Umbrella Bank by
amendment of this UMBI, the projected mitigation credits to be generated by the mitigation project on the
_ Mitigation Site, as documented in the approved Site - Specific Mitigation Plan, shall -be deposited to the
Umbrella Bank
_ 2. Additional Financial Assurance. Upon the addition of a Mitigation Site to the
_Umbrella Bank by amendment of this UMBI, additional financial assurance shall be provided by the Sponsor
for such additional Mitigation Site in the manner specified in Section II B 9 of this UMBI ,
3. Immediate Release of Credits. Fifteen percent (15 %) of the total credits generated
by a restoration, enhancement or creation project on any Mitigation Site and one hundred percent (100 %) of
the total credits generated by preservation projects on any Mitigation Site shall be released (i e , available for
use) from the Umbrella Bank immediately upon completion of all of following actions
a. Approval by the IRT of the Site - Specific Mitigation Plan for the Mitigation
Site,
b. Inclusion of the Mitigation Site in this executed UMBI, as amended from
time to time,
C. Recordation of the Conservation Instrument for the Mitigation Site, as well
as provision of a title opmion acceptable to USACE or NCDWQ, as applicable, and
(ke4e\chatham parkVnitigation bank 1 -7)
Chatham Umbrella
Mitigation Bank
Page 4
7. As -Built Report The Sponsor shall submit an as -built report for each Mitigation
Site or phase of a Mitigation Site to the IRT as soon as practical after construction of a mitigation project on
the Mitigation Site, but in no event later than 60 days after the completion of construction
8. Perpetual Protection/Real Estate Provisions. The Sponsor shall protect each
Mitigation Site that provides compensatory mitigation for impacts to waters of the United States by a
conservation easement or deed restriction ( "Conservation Instrument') approved by USACE pursuant to the
current regulatory guidance of the Wilmington District of USACE The Sponsor shall protect all other
Mitigation Sites by a Conservation Instrument approved by NCDWQ The Conservation Instrument shall
- -be -perpetual, preserve all natural areas, and prohibit all use of the property inconsistent with its use as
'mitigation property, including any activity that would materially alter the biological mtegnty-or functional
- - - 5 �' and educational value of natural resources within the Mitigation Site, corisistenf -with" the Site - Specific
-.;- Mitigation Plan The Sponsor shall obtain the written approval by USACE, USACE- Wilmington District
- -Office of Counsel, or by NCDWQ, as applicable, of the form of the Conservation Iristrument, meludmg the
initial grantee of the Conservation Instrument Upon the approval of a Conservation Instrument by USACE
or NCDWQ, as applicable, the Sponsor or other initial grantee shall record the Conservation Instrument in
the Office of the Register of Deeds of the county in which the Mitigation Site is located - The Sponsor shall
provide a copy of the recorded Conservation Instrument, showmg book and page numbers of the recorded
location, to USACE or NCDWQ, as applicable After recording the Conservation Instniment, the City or
other initial grantee may,,with the approval of USACE or NCDWQ, as applicable, convey the Mitigation Site
property either in fee or by granting an easement to a qualified land trust, state agency, or other appropriate
nonprofit organization The terms and conditions of this conveyance shall not conflict with the intent and
provisions of the Conservation Instrument nor shall such conveyance enlarge or modify the uses specified
in the Conservation Instrument
9. Financial Assurance.
a. No financial assurance shall be required for the preservation portion of any
mitigation project For all other. forms of mitigation, prior to the release of any credits from a Mitigation Site,
the_ Sponsor- shall - provide USACE or NCDWQ, as applicable, with a performance bond, letter of credit,
escrow agreement, or other financial assurance instrument acceptable to the IRT, USACE, and/or NCDWQ,
as applicable, sufficient to assure completion of all remaining mitigation work, required reporting and
monitoring, -and any remedial work required pursuant to this UMBI In determining the `amount of the
financial assurance to be_provided, the parties acknowledge and agree that the following items should be
considered, together with any additional items appropriate for the particular mitigation work to be performed
site design, topographic and boundary surveys, purchase, installation and maintenance of hydrology
monitoring devices, sediment and erosion control, grading, regrading contingency ( +30% of grading cost),
planting, replanting contingency ( +30% of planting cost), control and/or eradication of undesirable plant
species, control of herbivory, measures to control access and human impacts, as-built surveys, five years of
monitoring, land acquisition and/or easement acquisition and preparation costs, and Corps administrative
expenses (10% of estimated costs), for each credit released for sale Financial assurances structured to
provide funds to the Corps of Engineers in the event of default by the Sponsor are not acceptable
10. Election Not to Utilize Mitigation Site. Notwithstanding any other provision of
this UMBI, the Sponsor may at any time elect not to utilize a Mitigation Site for the generation of mitigation
credits, in which case the Sponsor shall have no further obligations with respect to such Mitigation Site
pursuant to this UMBI, provided, however, that (t) if any mitigation credits have been released but not debited
(keagle \chatham parkVnitigation bank 1 -7)
Chatham Umbrella
Mitigation Bank
Page 3
4. Monitoring and Assurance of Success
a. The Sponsor shall perform all necessary work to monitor a Mitigation Site and i
to demonstrate compliance with the success criteria established in the Site- Specific Mitigation Plan
Members of the IRT may conduct, at their own expense and in coordination with other Federal and State
resource agencies, field investigations to review and evaluate the mitigation project and determine the = _
functions and values of the Mitigation Sites The IRT shall use its best professional judgment to determine _
wetland, stream, upland, and habitat functions and values Any member of the IRT who generates a written
report resulting from any such- investigation shall promptly provide the report to the Sponsor and its
designated agents -
b. _ The Sponsor shall be responsible for assuring the success of the restoration, -_
creation, enhancement and preservation- activities at the Mitigation Sites, including performing any
remediation required by USACE or NCDWQ, as applicable z -
c. The Sponsor shall_ submit to the USACE and NCDWQ, an annual report
describing the conditions of Mitigation Sites and evaluating tfie conditions of the Mitigation Sites against the
success criteria in the applicable Site- Specific Mitigation Plans The Sponsor shall submit monitoring reports
for each Mitigation Site to USACE and NCDWQ for the time period specified in the applicable Site - Specific
Mitigation Plan, unless success criteria have not been met at which point USACE or NCDWQ, as applicable,
will determine an appropriate extension(s) of the monitoring period
d. USACE shall review the annual monitoring reports, and may, at any tune, after
consultation with the Sponsor and the IRT, direct the Sponsor to take remedial action at a Mitigation Site if
the performance criteria contained in the applicable Site - Specific Mitigation Plan have not been met
e. In the event that USACE requires remedial action or the Sponsor determines that
remedial action may be necessary to achieve the required performance criteria, it shall provide advance notice
of such proposed remedial action to all members of the IRT Any proposed remedial action shall be designed
to achieve the performance criteria specified in the Site- Specific Mitigation Plan and shall include a work
schedule and monitoring criteria that take into account the physical and biological condition of the Mitigation
Site The Sponsor shall not, except to the extent required to address emergency situations, initiate any
remedial action prior to receiving approval thereof by the IRT
5. Access. The Sponsor shall allow the members of the IRT reasonable access to the
Mitigation Sites for the purposes of inspection of the Mitigation Sites and monitoring compliance with the
Site- Specific Mitigation Plan
6. Phasing The Sponsor shall document in the Site- Specific Mitigation Plan any plans
for phased construction of mitigation projects on Mitigation Sites The scope and tuning of each phase shall
be at the discretion of Sponsor, subject to IRT approval However, if the Sponsor performs mitigation in
areas of a Mitigation Site beyond those for which the design has been approved by the IRT, the Sponsor must
receive approval for this modification of the Site - Specific Mitigation Plan prior to mitigation credits from
such additional areas being added to this Umbrella Bank Credit release for phases of a Mitigation Site will
be in accordance with the credit release schedule contained in the Site - Specific Mitigation Plan for each phase
of a Mitigation Site. If phasing is used on a Mitigation Site, each phase shall be individually reviewed,
tracked, and monitored by the Sponsor and the IRT
(keagle \chatham park\minganon bank 1 -7)
Chatham Umbrella
Mitigation Bank
Page 2
B. Mitigation Sites.
1. Site - Specific Mitigation Plans. The Sponsor shall develop a Site - Specific
Mitigation Plan for each Mitigation Site pursuant to the requirements of the Compensatory Mitigation Rules
In order to obtain mitigation credits from a Mitigation Site, the Sponsor shall perform all necessary work in
accordance with the provisions of this _UMBI and the approve4 Site - Specific Mitigation Plan to establish
and/or maintain the Mitigation Site untAl it h`a$$e_ n determined that all the conditions herein and in the Site -
Specific Mitigation Plan have been sahsfied.- Approved Mitigation Sites shall be described in Exhibit A to
this UMBI Approved Site- Specific Miti gafion,I?laris shall be incorporated into Exhibit B to this UMBI
2. Review of Sk&Specific :Mitigation` Plans.
a. Mitigation plans for _waters of the United States. The Sponsor shall
submit to USACE any Site - Specific Mitigation Plan for waters of the.United States that the Sponsor develops
to generate credits for this Umbrella Bank, w>_th-a suffci ffifmimber of copies for each member of the IRT
After determining that the Site- Specific Mitigation Plan is complU&,XSACE shall'promptly distribute copies
of the Site - Specific Mitigation Plan to the members'of the,IRT= . The IRT slfall review and corrunent on all
submittals in accordance with the Compensatory Mitigation Rules.To,the_extent authorized by USACE, the
IRT will utilize the streamlined review process- specified,m the Compensatory Mitigation Rules If the Site-
Specific Mitigation Plan is not approved by the IRT as,origmally submitted by the Sponsor, the IRT shall
provide the Sponsor with specific reasons or rationale for not approving the Site - Specific Mitigation Plan
The Sponsor may resubmit the Site- Specific Mitigation Plan with specific modifications or justifications that
address the IRT's concerns Following the approval of any Site - Specific Mitigation Plan, the credits
associated with the approved Site - Specific Mitigation Plan shall be deemed deposited into the Umbrella Bank
in accordance with the credit release schedule contained in the approved,Site- Specific Mitigation Plan
b. Mitigation Plans for Non - jurisdictional Wetlands. For Mitigation Sites
that restore, enhance, or preserve non - jurisdictional wetlands, the Sponsor shall submit to NCDWQ each Site-
= Specific Mitigation Plan the Sponsor develops to generate credits for this IJmlirella Bank NCDWQ shall
review and comment on all submittals within 35 days of receipt_ of such_-submrttal If the Site - Specific
Mitigation Plan is not approved by NCDWQ as ongmally_submitted by the Sponsor,rNCDWQ shall provide
Sponsor with specific reasons or rationale for not approving -th e Srte- Spec>fic.Mitigation Plan The
Sponsor may resubmit the Site - Specific Mitigation Plan with -specific'modifications or .justifications that
address NCDWQ's concerns Following the approval of any Site-
rte - Specific Mitigation Plan, the credits
associated with the approved Site - Specific Mitigation Plan shall be deemed deposited into the Umbrella Bank
in accordance with the credit release schedule contained in the approved Site - Specific Mitigation Plan
3. Environmental Documentation, Permits and Authorizations; Construction If
the Sponsor elects to proceed with the implementation of an approved Site - Specific Mitigation Plan, it shall
(a) prepare any required environmental documentation and obtain all required permits or other authorizations
needed to perform mitigation projects on Mitigation Sites included in the Umbrella Bank (this UMBI does
not fulfill or substitute for such permits or authorizations), and (b) perform any construction and related
activities on the Mitigation Site in accordance with the Site - Specific Mitigation Plan
(keagle \chatham pazk\mmgation bank 1 -7)
AGREEMENT TO ESTABLISH
THE CHATHAM UMBRELLA MITIGATION BANK
This Agreement To Establish The Chatham Umbrella Mitigation Bank (the "Umbrella Bank'),
hereinafter called the "Umbrella Mitigation Banking Instrumenf' or "UMBI ", is made and entered into this
day of , by and among Chatham Park Investors LLC, a North
Carolina limited liability company ( "Sponsor "), the U S Army Corps of Engineers ( "USACE "), and each
of the following governmental agencies who execute this UMBI the Environmental Protection Agency
( "USEPA "), the U S Fish and Wildlife Service ( "USFWS "), the North Carolina Wildlife Resources
Commission ( "NCWRC "), and the North Carolina Division of Water Quality ( "NCDWQ ") USACE, together
- .with the State and Federal agencies who execute this UMBI, are hereinafter collectively- referred to as the
v -Governmental Agencies
The goal of the Umbrella Bank is to restore, enhance, create and preserve stream and wetland systems
to compensate in advance of unavoidable stream and wetland impacts authorized by USACE a &NCDWQ
`pursuant to Sections 401 and 404 of the Clean Water Act, and Sections 15A NCAG02B -02-34, 02B 0235, or
- - 02B-0242 of the North Carolina Administrative Code, in circumstances deemed appropriate by_the USA_ CE
arrd%or NCDWQ after review through any applicable permit review process '_The Umbrella Bank`may also,
be =used -to ptovide;nitrogen offset credits pursuant to 15A NCAC 02B 0240
- As more particularly described herein, the Sponsor will implement stream and/or wetland mitigation - -?
projects at sites in the Haw River`Basm ( "Mitigation Sites "} The mitigation projects to be performed on:a
_Mitigation Site will be described in a site - specific mitigation plan submitted to the Interagency Review Team--,
( "IRT') for review and -approval -( "Site- Specific Mitigation Plan") A Mitigation Site and the mitigation
credits associated therewith will become a part of the Umbrella Bank upon (i) written approval of the Site -
Specific Mitigation_ Plan for such Mitigation Site by the IRT, acting through the USACE, in the case of
impacts to waters of the United States, and (n) amendment of this UMBI to incorporate the Mitigation Site
NOW, THEREFORE, the parties hereto agree as follows
I. -Interagency Review Team.
A. _ Establishment of-the IRT. The Governmental Agencies shall establish an IRT for ttie.-
purpose of performing the technical review, approval, and oversight functions as described in 40 CFR Part
230, Compensatory- Mitigation for -Losses of Aquatic Resources ( "Compensatory Mitigation Rules ") -The
IRT shall consist of a designated representative of each of the Governmental Agencies who execute this
UMBI and shall be= chaired by the designated representative of USACE, Wilmington District .- -
B. Termination of Participation. Any member of the IRT may terminate its participation in
the IRT with notice in writing to all other parties to this UMBI Termination shall be effective seven (7) days
from placing said notices in the United States mail A member withdrawal shall not affect any prior sale or
use of credits and all remaining parties shall continue to implement and enforce the terms of this UMBI
II. Establishment of the Umbrella Bank and Mitigation Sites.
A. Establishment of Umbrella Bank. Pursuant to the Compensatory Mitigation Rules, the
Sponsor hereby establishes the Umbrella Bank, which shall be governed by this UMBI The parties
acknowledge and agree that the "Prospectus" that the Sponsor submitted for this Umbrella Bank is acceptable
(keagl6chatham parklmmgation bank 1 -7)
7.� 1
T
CHI MMRS INJESTpF'. - -~ 1 Y e, ••.
D8 IWM 11
C Pi N �nu;
s
f"
r �
r1DpeE NVESt N15.
D8 1 PG ne 4
te'nemin G000soN ...
`1D Z, i nulkN('/
PG.
, 2802 MB
'iE E -,31,'.
•:t
4 IT Il ?
4y.
Project No. Flcgure 4
1 1 248.W3 5tlnking Creek Mitigation Site
P t M Existing Conditions
r.
IMM-
I oJec gr.. •
6Z Chatham Umbrella • Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
Mitigation Bank (919) 846-5900 • (919) 846 -9467
Scale: Chatham County, NC Web Page: www.SandEC.com
I" =600'
Background Imagery: 2007 aerial
r091031 10 photography provided by Chatham County
Legend
Parcel Boundariest
L Proposed Conservation Area
Wetlands (- 10.132 AC)
a.
jtit
Important Perennial Stream
y
!
�• Important Intermittent Streamf1
— - Unimportant Intermittent Stream
6,335 LF total stream length within Proposed Conservation Area
_
3,457 LF of Stinking Cree within Proposed Conservation Area
.h
dNTIMM P,1Po( M 1179
. DA 1398 PG. n]s r/
920 LF of Stinking Creek in Southern segment
2,537 LF of Stinking Creek in Northern segment
r �M Rr: a -
o e ,a,e c 3
P& MPG.128 N r
`r _PIN: 9E 1J15 ',1r
i 7
"e
50�
2,878 LF of Unnamed Tributaries to Stinking Creek within
Pro sed Conservation Area
nos
y i.A Dal.
r..
r.
,
7.� 1
T
CHI MMRS INJESTpF'. - -~ 1 Y e, ••.
D8 IWM 11
C Pi N �nu;
s
f"
r �
r1DpeE NVESt N15.
D8 1 PG ne 4
te'nemin G000soN ...
`1D Z, i nulkN('/
PG.
, 2802 MB
'iE E -,31,'.
•:t
4 IT Il ?
4y.
Project No. Flcgure 4
1 1 248.W3 5tlnking Creek Mitigation Site
P t M Existing Conditions
r.
IMM-
I oJec gr.. •
6Z Chatham Umbrella • Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
Mitigation Bank (919) 846-5900 • (919) 846 -9467
Scale: Chatham County, NC Web Page: www.SandEC.com
I" =600'
Background Imagery: 2007 aerial
r091031 10 photography provided by Chatham County
,/J • V
7q. r oln
r (0
0 -
030300 03---
A,
1010104
Stinking Creek
Mitigation Site
.,ti,,., Location
1
r
03040104
� r
Project No.
11248.W3 Figure 2
Hydrologic Unit Map
Project Mgr.:
BZ Stinking Creek
5cale: Mitigation Site
I" = 10 Miles Chatham County, NC
05/10/10
(03020201
03030004
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigf-, NC 27614
1919) 846-5900 • (919) 846 -9467
Web Page: www.SandEC.corn
o f LafTWrn rn a i
Mtn
Kira:• 1
tdN � i O
J _
7•^
IParkem Cree
/I BYP
t9yH 64 ',� -fit -- ?ARKER CREEK
sk �90< r ` a fG rr ATEREC AREA `t
E 11 i At
afarth
87
Ri` R � Ys � � Hy�� E
4 EA
r— << z
A�otu►teln eel- ` �, y. _ "V1 1000
Uill r f
' 3 if� Site —�t- ; g S
RE AEA
jAM NEWC
1
'S► n ' ij� q '° C►
r
501 g, '
iF
67 { m
y,i
f�1R Directions ioSite:
�.
Fg D - -From Raleigh, take US 64 VVest
S Dla Just before the Town of Pittsboro, take a left 1
on Hanks Chapel Road. This
road turns into Cum Springs Church
Road Go approx. 6 miles, sits- wiii be on your right i
x G ile.
C
-
Project No. �Iqure
11248.W3 Project lo
Location
Project Mgr.: Stinking Creek Soil & Environmental Consultants, PA
13Z Mltlgatlon 51te, 11010 Raven Ridge Rd.- Raleigh, NC 27614
scale: Chatham County, NC (919) 846 -5900 • (919) 846 -9467
Web Page-. www.SandEC.com
1 " = 5,000'
2008 Delorme Atlas
05/10/10 and Gazeteer (Pcg.39) i
Stinking Creek Mitigation Site S &EC Project No. 11248 W3
Mitigation Plan Revised August 2013
APPENDICES
LIST OF FIGURES -
Figure 1 Project Location
r Figure 2. Hydrologic Unit Map
Figure 3 Topography and Drainage Area
Figure 4 Existing Conditions
Figure 5 NRCS Soil Survey
Stinking Creek Mitigation Site Map (Revised 4/30/10)
Agreement to Establish the Chatham Umbrella Mitigation Bank
Recorded Conservation Easement Plat 2013 -48
Page 23 of 23
Stinking Creek Mitigation Site
Mitigation Plan
S &EC Project No 11248W3
Revised August 2013
Natural Resources Conservation Service (MRCS) 2008 Web SOIL Survey Available
online http•//websoilsurvey nres usda gov/ (Reviewed 11/11/2008) Soil Survey
Staff, Natural Resources Conservation Service, United States Department of
Agriculture
North Carolina Division of Water Quality (NCDWQ) 2007 Final North Carolina Water
Quality Assessment and Impaired Waters List (2006 Integrated 305(b) and 303(d)
Report) (online) Available
http Hh2o enr state nc us /tmdl /documents /303d_Report pdf [November 1], 2008]
North Carolina Department of Environment and Natural Resources, Raleigh,
North Carolina -
North Carolina Division of Water Quality (NCDWQ) 2008 Basmwide Planning
Program Draft Neuse River Basinwide Water Quality Plan -- June 2008 North
Carolina Department of Environment and Natural Resources Raleigh, North
Carolina I -
Rosgen, D 1996 Applied River Morphology Wildland Hydrology (Publisher) Pagosa
Springs, Coloi ado
Triangle Land Conservancy and The Center for Sustainable Community Design, Institute
for the Environment, UNC Chapel Hill 2008 Southwest Shore Conservation
Assessment, Chatham County, NC Prepared at the request of Preston
Development Company /Chatham Park Investors LLC
Available http / /www triangleland org /lands /planninWSWshorereportsm pdf
United States Army Corps of Engineers and the North Carolina Division of Water
Quality 2005 Information Regarding Stream Restoration in the Outer Coastal
Plain of North Carolina
United States Army Corps of Engineers, United States Environmental Protection Agency,
North Carolina Wildlife Resources Commission, North Carolina Division of Water
Quality 2003 Stream Mitigation Guidelines =
United States Fish and Wildlife Service (USFWS) 2008 Threatened and Endangered
Species in North Carolina (online) Available http //www fws og v /nc-
es /es /c,ountyfr litml
Page 22 of 23
Stinking Creek Mitigation Site
Mitigation Plan
S &EC Project No 11248W3
Revised August 2013
The Sponsor will maintain contracts with experienced mitigation providers to establish
the conservation easement and long -term management of the mitigation site, including
Mr Kenneth Eagle (attorney), and Soil and Environmental Consultants, PA (S &EC)
S &EC is a consulting firm that is assisting the Sponsor and the U S Army Corps of
Engineers with the preparation of jurisdictional determinations and compliance with
Section 404 of the Clean Water Act for future anticipated impacts to jurisdictional waters
and wetlands associated with the development of Chatham Park Founded in 1989, the
S &EC has completed numerous jurisdictional determinations, Nationwide Permit
verifications, Individual Permit approvals, Environmental Assessment (EA) for a
thousands of projects, including mitigation sites S &EC is also-assisting the Sponsor
with the field investigation and evaluation of other potential mitigation sites to include in
the Chatham Umbrella Stream and Wetland Mitigation-Bank S &EC staff -is experienced
with coordination among North Carolina natural resource agencies over a wide range of
environmental issues ranging from jurisdictional area identification and delineations,
jurisdictional area functional assessments, protected species, mitigation- site assessments,
mitigation site conceptual and detailed planning and construction-oversight; mitigation
site monitoring, determination of mitigation success, and mitigation bank development
The Sponsor requested the preparation of the `Southwest Shore Conservation
Assessment' prepared by the Triangle Land Conservancy and UNC Chapel' Hill, Institute
for the Environment, Center for Sustainable Community Design The Sponsor requires
that their consultants begin by utilizing this assessment when searching for potential
mitigation sites to include in the Chatham Umbrella Stream and Wetland Mitigation
Bank
15.0 REFERENCES
Center for Biological Diversity, et. al , April 20, 2010, Petition to List 404 Aquatic,
Riparian and Wetland Species from the Southeastern United States as Threatened
or Endangered under the Endangered Species Act,
http Hwvww biblogicaldiversity .org /programs/biodiversity /1000 species /the south
east freshwater extinction crisis /pdfs /SE Petition pdf
Cowardin, Lewis M , V Carter, F C Golet, and E T LaRoe 1979 Classifications of
Wetlands and Deepwater Habitats of the United States U S Fish and Wildlife
Service U S Government Piinting OC ice, Washington D C
Environmental Laboratory. 1987 Corps of Engineers Wetlands Delineation Manual
Technical Report Y -87 -1 United States Army Engineer Waterways Experiment
Station, Vicksburg, Mississippi
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.
Page 21 of 23
Stinking Creek Mitigation Site
Mitigation Plan
S &EC Project No 11248 W3
Revised August 2013
preservation -based monitoring is primarily administrative; therefore, a 5 -year monitoring
plan for the majority of the Mitigation Site is not required However, reference photos
will be taken annually and provided to document the status of aquatic resources,
including streams, wetlands, and riparian zones Photos will adequately document the
Mitigation Site and will include a detailed description of the locations at which the photos
were taken
11.0 LONG -TERM MANAGEMENT PLAN
The Sponsor currently owns all lands proposed within the Mitigation Site The Sponsor
will deliver a title opinion acceptable to the IRT covering the mitigation sites The
mitigation sites will be free and clear of any encumbrances that would conflict with its
use as mitigation, including, but not limited to, any liens that have priority over the
recorded preservation mechanism - - -- - --
The Sponsor, with oversight from the grantee (County), will provide for the long -term
preservation and management of the mitigation sites in compliance with the recorded
conservation easement r - -
The Sponsor will maintain the mitigation site and enforce the terms of the conservation -- -
easement until such obligations are transferred to a land management enttty approved by
the IRT
12.0 ADAPTIVE MANAGEMENT PLAN
The Mitigation Site will be visited at least annually for a check of the status of aquatic
resources Likely challenges are limited, but may include a loss of vegetation structure
due to natural or man -made causes, a growing presence of invasive species, or some type
of contaminated spill upstream of the Mitigation Site In the event that unforeseen
changes occur that affect the management or performance standards of the Mitigation
Site, the holder of the easements will work with the IRT to determine appropriate- - -
measures to rectify deficiencies in the Mitigation Site in order to provide targeted aquatic -
functions
13.0 FINANCIAL ASSURANCES
This mitigation site is for preservation and as per the approved MBI, no financial
assurance shall be required
14.0 CORPORATE EXPERIENCE
Mitigation proposed for the Mitigation Site will involve the maintenance and protection
of aquatic resources existing within the proposed Mitigation Site in perpetuity The
Mitigation Site is proposed for use toward the Sponsor's development projects (e g ,
Chatham Pat k) and other non - Sponsor projects within the GSA Mitigation ciedits
provided by the Mitigation Site will be used for projects performed under the supervision
or direction of the Sponsor, except for the non - Sponsor projects within the GSA If
possible and practicable, the Mitigation Site may also be available for use by other
entities for projects located within the GSA
Page 20 of 23
Stinking Creek Mitigation Site
Mitigation Plan
7.1 STREAM PRESERVATION
S &EC Project No 11248W3
Revised August 2013
Stream preservation is being proposed on approximately 3,457 linear feet along Stinking
Creek and approximately 2,878 linear feet along various unnamed tributaries to Stinking
Creek (Figures 4 and Stinking Creek Mitigation Plan map) Based on preliminary
analysis and field investigations, Mitigation Site streams are relatively stable due to a
lack of human - induced impact and a well - developed riparian buffer
Preservation areas will be protected in perpetuity through the establishment of a
conservation easement including a minimum 100 -foot wooded buffer adjacent to the
banks of Stinking Creek and a 50 -foot wooded buffer adjacent to all other stream banks.
Preservation of the existing stream- resources will remove a threat to or prevent the
decline of functions such as maintenance of baseflow, floodflow attenuation in adjacent
floodplains, energy dissipation during flood=events, and in- stream and streamside habitat
7.2 WETLAND PRESERVATION
Wetland preservation is being proposed on approximately 10 acres within floodplains
adjacent to Mitigation Site stfeam reaches (Figures 4 and Stinking Creek Mitigation Site
map) Based on preliminary analysis and field investigations, wetlands occur as two
general types forested wetlands and wetlands dominated by emergent vegetation.
Forested wetlands are characterized by mature forest vegetation and undisturbed hydric
soils, and are subject to jurisdictional wetland hydrology ' Emergent wetlands are
characterized by a prevalence of emergent herbs with scattered trees and shrubs, hydric
soils receiving sediment from upstream sources, and semi- permanent inundation
Preservation areas will be protected in perpetuity through the establishment of a
conservation easement, including a minimum 50 -foot forested buffer adjacent to
jurisdictional wetland margins Preservation of existing wetland resources will remove a
threat to or prevent the decline of functions such as surface and sub - surface storage and
retention, will maintain the system's ability to remove-pathogens, soluble chemicals
(including nutrients), and particulates from the water column, and will provide physical
structure for habitat and landscape patch structure for wildlife
8.0 MAINTENANCE PLAN
Mitigation Site wetland and stream functions will be protected from anthropogenic
disturbance through restrictive land uses outlined in a permanent conservation easement
9.0 PERFORMANCE STANDARDS
Preservation - related portions of the project will be deemed successful if photo
documentation and post project walktnroughs of the Mitigation Site indicate an
undisturbed riparian communiq. healthy jurisdictional wetland community, and
functioning stream channels Once the project has been deemed successful by the IRT,
Mitigation Site wetland and stream functions will be protected through restrictive land
uses outlined in permanent conservation easements
10.0 MONITORING REQUIREMENTS
Based on interagency guidance (Stream Mitigation Guidelines [USACE et al 2003]),
Page 19 of 23
Stinking Creek Mitigation Site
Mitigation Plan
Table 5. Proposed Credit Release Schedule
S &EC Project No 11248W3
Revised August 2013
Task Completion
Verification
Percent of
Credit
Release
Preconstruction
1 Execution of MBi by the Sponsor, USACE, and other
100
agencies eligible for membership in the Interagency
Review Team who choose to execute the agreement
2 Approval of the final mitigation plan
3 Delivery of financial assurances
4 Recordation of the preservation mechanism, as well as
the title opinion covering the property that is acceptable to
the USACE
Preservation is not expected to require annual monitoring of stream, wetland, or
vegetative parameters, therefore, the majority of ciedit may be released after the
execution and verification of items i through 4 described in Table 5 above.
7.0 MITIGATION WORK PLAN
The primary goals of this mitigation plan include 1) protecting a watershed draining to
the proposed reservoir from nonpoint sources of pollution associated with urban services
area expansion and development, 2) promoting water quality by protecting jurisdictional
wetlands adjacent to Mitigation Site streams and tributaries, 3) perpetually providing a
diverse woody vegetative buffer adjacent to Mitigation Site streams, ponds, and wetlands,
4) promoting floodwater attenuation by protecting vegetation on Mitigation Site
floodplams to increase frictional resistance on floodwaters crossing the Mitigation Site,
5) improving aquatic habitat by promoting stable stream banks, shading open waters, and _
providing structure within the Mitigation Site, 6) providing a wildlife corridor and refuge
in an area rapidly expanding with residential and commercial development, 7) _
establishing a permanent conservation easement which will encompass all mitigation
activities and 8) providing mitigation alternatives for projects requiring such measures in
the geographic service area of the Bank that is currently underrepresented by private
mitigation
Primary activities include stream and wetland preservation The mitigation concept as
outlined in Figure 4 and Stinking Creek Mitigation Site map is expected to achieve the
follows,
• Providing approximately 1,267 stream mitigation credits
(preserving approximately 6,335 linear feet of stream)
• Providing approximately 2 wetland mitigation credits
(preserving approximately 10 acres of_lurisdictional wetland)
• Protecting the Mitigation Site in perpetuity with appropriate legal mechanisms
(permanent conservation easement)
Page 18 of 23
Stinking Creek Mitigation Site
Mitigation Plan
S &EC Project No 11248W3
Revised August 2013
After completion, the Mitigation Site will offer (at a 5 1 ratio for preservation) 1,267
stream mitigation credits and 2 wetland mitigation credits Please note that proposed
mitigation credits provided in the table above were delineated in the field and accurately
mapped for the generation of these quantities
Existing Buffer Requirements — If the Mitigation Site is not accepted, it is the intention of
the property owner to include it within the adjacent proposed development which will be
within the Town of Pittsboro's jurisdiction At the time this Mitigation Plan process was
initiated with the USACE, the owner confirmed with David Monroe of the Town of
Pittsboro that only water supply buffers would apply and that at this time only the "low
density option" would exist for the development requiring a 30 -foot buffer on all
intermittent and perennial streams The Town measures their 30 -foot buffer as a total
width centered on the center of the stream essentially resulting in only 15 -feet either side
of the stream This Mitigation Plan would apply at least 50 and 100 foot buffers more
than double-those required by the Town Also, the Town buffers are essentially setbacks
and are not required to be "undisturbed" as proposed in this mitigation plan
Recently, the Town of Pittsboro received approval from the NC Environmental
Management Commission for their required ordinance `Riparian Buffer Protection
Ordinance for Lands within the Jordan Watershed' This new ordinance requires 50 foot
buffers on streams (perennial and intermittent) However, the ordinance allows for uses
within the buffer and clearing of vegetation within the outer 20 feet This Mitigation Plan
would apply 100 foot buffers on all perennial streams (twice that required under this new
Town ordinance) and 50 foot buffers on all intermittent streams However, the buffers
proposed in this Mitigation Plan are "undisturbed" buffers and don't allow for "uses" or
clearing
The Town does not require buffers -on wetlands. This Mitigation Plan would apply at
least 50 -foot undisturbed buffers on wetlands
Also, it should be noted that if approved this Mitigation Plan would protect the entire
Mitigation Site, essentially applying buffers on Stinking Creek (for example) of over 200
feet in many locations,'with an average- buffer width around 150 feet
6.2 PROPOSED CREDIT RELEASE SCHEDULE
A credit release scenario is proposed that complies with interagency guidelines Under
this scenario, the credit release schedule is based upon Satisfactory completion of project
milestones Proposed project milestones and percent of credit released are presented in
the following table
Page 17 of 23
Stinking Creek Mitigation Site
Mitigation Plan
S &EC Project No. I I248.W3
Revised August 2013
An extensive survey was performed by S &EC staff between February and April 2008 to
determine the presence of Buttercup Phacelia and Sweet Pinesap species within the
Mitigation Site. Aerial photos, topographical maps, and GPS were used to focus the
search in areas that would most likely harbor this species. At least two and up to six
individuals walked parallel transects approximately 10 meters apart to look for the plants.
Both visual and olfactory methods were used during the search. During the survey for
Sweet Pinesap, no specimens were found. Visual encounter surveys located several old,
dry fruiting stalks of a similar plant, Pinesap (Hypopitys monotropa), in several locations
on -site. This plant is uncommon, and is sometimes found in association with Sweet
Pinesap (NCNHP 2008). During the survey for Buttercup Phacelia, no specimens were
found. Several specimens of a morphologically similar species, Yellow Fumewort
(Corydalis flavula) were seen on -site. Yellow Fumewort differs from Buttercup Phacelia
in the dissection of its leaves and the color of its flowers.
Further investigation during the species optimal survey window is recommended for the
Four -toed Salamander, Veined Skullcap, Large Witch Alder and the Carolina Ladle
Crayfish.
In April 2010, the Center for Biological Diversity and six other non - profit groups filed a
petition to the US FWS to add 404 southeastern aquatic species to the endangered species
list. While these species are currently not listed this petition is one of the first steps to
begin the evaluation process. S &EC has reviewed the species identified within North
Carolina and has compared the list to the NC NHP element occurrences list for Chatham
County. Potential species that may exist within the Mitigation Site, but not identified at
the site, include; Septima's clubtail (Gomphus septima), bog spicebush (Lindera
subcoriacea), robust redhorse (Moxostoma robustum), brook floater (Alasmidonta
varicosa), Atlantic pigtoe (Fusconaia masoni), and Savannah lilliput (Toxoplasma
pullus). A copy of the petition can be obtained at the following website;
http : / /www.biologicaldiversity.org /programs /biodiversit y/� 1000 species /the southeast fre
shwater extinction crisis /pdfs /SE Petition.pdf.
6.0 DETERMINATION OF CREDIT'S
6.1 CREDIT DETERMINATION
The Mitigation Site encompasses Stinking Creek, various unnamed tributaries to Stinking
Creek, and associated adjacent jurisdictional wetlands. Generally, Mitigation Site stream
reaches and wetlands are relatively undisturbed; therefore, the initination options outlined
in this report are as follows.
Table 4. Proposed Mitigation Quantities vs. Mitigation Credits
Page 16 of 23
Proposed Mitigation
Proposed Credits
Proposed
Mitigation
Activity
Streams
Wetlands
Stream
Weiland Credits
(linear feet)
(acres)
Credits
Preservation
1 6,335
10
1 1,267
Page 16 of 23
Stinking Creek Mitigation Site
Mitigation Plan
Eagle Protection Act
S &EC Project No 11248W3
Revised August 2013
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, however, North Carolina Wildlife Resources
Commission (NCWRC) provides protection for State Listed Species — Endangered,
Threatened and Special Concern (E, T and SC respectively) pursuant to NC General
Statutes Chapter 113, § 332 Further, species designated by the NC Natural Heritage
Program as Significantly Rare (SR) are "any species which has-not been listed by the NC
Wildlife Resources Commission as an Endangered, Threatened, or Special Concern
species, but which exists in the state in small numbers and has-been determined by the
NC Natural Heritage Program to need monitoring" (Le Grand et. al. 2006) The FSC
species listed on the current USFWS list and NC -SC, SR, E and T species as documented
by the Natural Heritage Program are presented in Table 3
Table 3. FSC and NC -SC, SR, E and T Species Listed for Chatham County
Common Name
Scientific name
Classification
Yellow Lampmussel
Lampsilis cariosa
NC -E, US -FSC
Notched Rainbow
Villosa constricta
` NC -SC
Carolina CreekshelI
Vilosa vaughanana
NC -E, US -FSC
Brook Floater
Alasmidonta varicosa
NC -E, US -FSC
Atlantic Pigtoe
Fusconaia mason _
NC -E, US -FSC
Four -toed Salamander
Hemidactyhum scutatum
NC -SC
Eastern Isopyrum
Enemion biternatum
NC-SR=P
Veined Skullcap
Scutellaria nervosa
NC -SR -P
Virginia Quillwort
Isoetes virginica
NC -SR -L, US -FSC
James' Sedge
I Carexlamesu
NC- SR -P
Septima's Clubtail
Gomphus septima
NC -SR, US -FSC
Large Witch Alder
Fothergilla mayor
NC -SR -T
Sweet Pinesap
Monotropsis odorata
NC -SR -T, US -FSC
Buttercup Phaceha
Phacelia covillei
NC -SR -T, US -FSC
Carolina I adle 0ay60
Cambatifs dovidl
NC -SR
Carolina Redhorse
Movostoma sp 3
NC -SR, US -FSC
There was no potential or suitable habitat for the Cape Fear Shiner, Red - cockaded
Woodpecker or Harperella found on the Stinking Creek Mitigation Site Suitable habitat
for Bald Eagle nesting also does not exist on the Mitigation Site Of the remaining FSC,
NC- SR/E /T species, the Mitigation Site appears'to support suitable habitat only for the
Buttercup Phacelia, Sweet Pinesap, Four -toed Salamander, the Veined Skullcap, Large
Witch Alder and the Carolina Ladle Crayfish
Page 15 of 23
Stinking Creek Mitigation Site
Mitigation Plan
5.5 SOILS AND LAND FORM
S &EC Project No 11248W3
Revised August 2013
According to the Chatham County Soil Survey map (MRCS 2006), soil series located
within the Mitigation Site boundary predominately include Chewacla (Fluvaquentic
Dystrudepts) and Wehadkee (Fluvaquentic Endoaquepts) Other soil series include
Badin (Typic Hapludults), Cid (Aqurc Hapludults), Lignum (Aqurc Hapludults),
Mattaponi (Oxyaquic Hapludults), Nanford (Typic Kanhapludults), and Peawick (Aqurc
Hapludults) Characteristics of these soil series from the USDA Soil Series Descriptions
are detailed below Soils that occur within Mitigation Site are depicted on Figure 5 and
described in Table 2
Table 2. Stinking Creek Mitigation Site Soils
Map
Unit
Map Unit
- Hydric
Symbol
Name
Status
., . -
Description -
ChA
Chewacla-
Hydric
This series consists of poorly drained, moderately high to
Wehadkee
highly permeable soils on floodplams and is frequently
sandy loam
flooded Slopes are generally between 0 and 2 percent Depth
to the seasonal high water table is 0 to 24 inches Bedrock
occurs at a depth of more than 80 inches
CmB
Cid- Lignum silt
Hydnc
This series consists of moderately well drained, very low to-
loam
moderately high permeable soils of depressions floodplains
Slopes are generally between 0 and 3 percent Depth to
seasonal high water table occurs between 6 and 18 inches
Bedrock occurs at a depth of 20 to 60 inches
MdC
Mattaponr
Non -hydric
This series consists of moderately to well - drained soils of high
Peawick
stream terraces with very low to moderately low permeability
complex
Slopes are generally between 8 and 15 percent Depth to the
seasonal high water table is between 3 and 6 feet Bedrock
- occurs at a depth of more than 60 inches
NaD
Nanford -Baden
Non - hydric
This series consists of well drained soils on ridges and side
complex
slopes that have moderate permeability Slopes are generally
between 10 and 15 percent Depth to the seasonal high water
table is greater than 6 feet Bedrock occurs at a depth of
between 20 and 60 inches
PcA
Peawick fine
Non - hydric
This series consists of moderately well drained soils on low
sandy loam
stream terraces that have very low permeability Slopes are
generally between 0 and 2 percent Depth to seasonal high
water table is between 15 and 3 feet Bedrock occurs at a
depth of more than 60 inches
5.6 FEDERALLY PROTECTED 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 197' ) ( ESA), as
amended (16 U S C 1531 et seq.) Three species are federally listed for Chatham County
by the U S. Fish and Wildlife Service (USFWS) (USFWS 2008) Cape Fear Shiner
(Notropis mekistocholas) [NC -E, US -E], Red - cockaded woodpecker (Picocdes borealis)
[NC -E; US -E], and Harperella (Ptilimnium nodosum) [NC -E, US -E] Additionally, the
Bald Eagle (Haliaeetus leucocephalus) [NC -T] is protected by the Bald and Golden
Page 14 of 23
Stinking Creek Mitigation Site
Mitigation Plan
S &EC Project No 11248 W3
Revised August 2013
but not restricted to Sweet Gum, Sourwood (Oxydendrum arboreum), Tulip Tree,
Shagbark Hickory, Red Oak, White Oak (Quercus alba), Beech (Fagus grand folia),
Eastern Red Cedar and Red Maple Shrubs include but are not restricted to Olives,
Privet, and Dogwood The herb layer consists mainly of Christmas Fern and
Honeysuckle (Lonicerajaponica) Other species include but are not restricted to Poison
Ivy, Purple Deadnettle, Wild Ginger, and Virginia Creeper
Beech Bluffs are found in several areas on the Mitigation Site, usually above floodplains
of larger streams
Loblolly Pine Plantations and Dominant Pine Forests are found in several areas of the
Mitigation Site Field surveys revealed that these forests consist mainly of Loblolly Pines
( Pinus taeda) with an understory of Sweet Gum, Tulip Poplar, Red Maple, Winged Elm
(Ulmus alata), and Dogwood These forest stands vary in age and density
Fields and other Managed Herbaceous areas are located on the southwestern edge of the
Mitigation Site These areas include power line cuts, lawns, and pastures Grasses are the
main herbaceous component, with sparse large hardwood trees in some locations.
Blackberry (Rubus sp ), Winged Sumac (Rhus copallinum), young Sweet Gum, and
Broomsedge (Andropogon virginicus) are common
Floodplain Pools are located along Stinking Creek and in scattered other areas of the
Mitigation Site These fish -free pools are generally dry for part of the year and serve as
breeding areas for frogs, toads, and salamanders.
Cut Forests dominated by young hardwood are found in the southern and western
portions of the Mitigation Site Field surveys revealed that these forests are between 5
and 15 years in age These forests consist mainly of Eastern Baccharis (Baccharis
hahmfolia), Winged Elm, Olives, and Sweet Gum The shrub and herbaceous layers are
dominated by Broomsedge and Blackberry, with Trumpet Honeysuckle (Lonicera
sempervirens) and Rushes (Juncus spp ) in some areas.
Black Walnut Stands are small and scattered within the Mitigation Site in areas of
previous habitation These stands consist of mature Black Walnut (Juglans nigra) trees
usually accompanied by Japanese Stilt Grass (Microstegium vimineum), DatTodils
(Narcissus sp ), Wisteria (Wisteria sp ), and Ebony Spleenwort (Asplenium platyneuron)
A Mesic Mixed Pine -1 larua,00d I orest is also located within the Mitigation Site Field
surveys revealed that these forests consist of Loblolly Pine, Sweet Gum, Sourwood, Tulip
Tiee, Shagbark Hickory, and Red Oak
Invasive species that exist within the Mitigation Site include autumn olive (Elaeagnus
umbellata), Chinese privet (Ligustrum sinense), and Japanese stilt -grass (Microstegium
vimmium) These species are the dominant understory species in portions of the
Mitigation Site These species also exist within the abutting public lands around Jordan
Lake and private lands surrounding the Mitigation Site
Page 13 of 23
Stinking Creek Mitigation Site
Mitigation Plan
S &EC Project No 11248W3
Revised August 2013
Class C uses including aquatic life propagation and survival, fishing, wildlife, secondary
recreation, and agriculture Secondary recreation includes wading, boating, and other
uses not involving human body contact with waters on an organized or frequent basis
The designation NSW (Nutrient Sensitive Waters) includes areas with water quality
problems associated with excessive plant growth resulting from nutrient enrichment The
designation CA (Critical Area) includes areas that are adjacent to a water supply intake or
reservoir where risk associated with pollution is greater than from the remaining portions
of the watershed The critical area is defined as extend one -half (1/2) mile from the
normal pool elevation of the reservoir in which the intake is located or to the ridgelme of
the watershed (whichever comes first)
NCDWQ has assembled a list of impaired waterbodies according to the-Clean Water Act
Section 303(d) and 40 CFR 130 7, which is a comprehensive public accounting of all
impaired waterbodies An impaired waterbody is one that does not meet water quality
standards including designated uses, numeric and narrative criteria, and anti- degradation
requirements defined in 40 CFR 131 Stinking Creek is not listed on the NCDWQ Draft
2008 303(d) list ( NCDWQ 2010) `
5.4 VEGETATION
'The Mitigation Site contains a number of stream systems ranging from ephemeral to
perennial, the largest of these is Stinking Creek Smaller riparian and emergent wetlands
are located in the floodplam of these creeks and along the margins of some small streams
Piedmont Bottomland forests (Schafale and Weakley 1990) occur in the stream
floodplains adjacent to Stinking Creek and larger tributary streams These are seasonally
or intermittently flooded forest systems Field surveys revealed that examples of these
forests on -site consist of a mainly open understory or shrub layer The canopy consists of
a mixture of bottomland and mesophytic trees including but not restricted to Black Gum
(Betula nags), Ash (Fraxinus spp ), Sweet Gum (Laquidambar styraciflua), Sycamore
(Platanus occidentalis), Tulip Tree (Liriodendron tithpifera), American Elm (Ulmus
americana), Southern Hackberry (Celtis laevigata), Shagbark Hickory (Carya ovata),
Red Oak (Quercus rubra), Eastern Red Cedar (Juniperus varganaana) and Red Maple
(Ater rubrum) Shrubs include, but are not restricted to Spicebush (Lindera bemoan),
Olive (Elaeagnus spp ), Buckeye (Aesculus spp ), Privet (Ligustrum a sinense), and
Dogwood (Corpus florida) The herb layer consists mainly of Christmas Fern
(Polystichum acrostunoides) and Sedges (Carex spp ) Species include but are not
restricted to Jewel,,veed (Impatiens capensiv), Baby Blue Eyes (Nemophda aphvlla),
Poison Ivy (Toxwodendron radicans), Purple Deadnettle (Lannum purpur cum), Wild
Ginger (Asarum and Hexaslylis spp) Star Chickweed (Stellaria pubera) Bedstraw
(Gahum spp ), Cane (Arundinaria spp ), and Virginia Creeper (Parthenocissus
varganaana)
Dry-mesic oak - hickory forests (Schafale and Weakley 1990) occur at higher elevations
on property Field surveys revealed that these forests are dominated by a mixture of
oaks, hickories, and other hardwoods The canopy consists of mesophytic trees including
Page 12 of 23
Stinking Creek Mitigation Site S &EC Project No 11248W3
Mitigation Plan Revised August 2013
portion of Stinking Creek may be generally characterized as palustrine, forested, broad -
leaved deciduous systems that are saturated, temporarily flooded, or seasonally flooded
Jurisdictional wetlands located along southern portion of Stinking Creek and the
Mitigation Site are primarily the result of beaver -dam impoundment activities and may be
generally classified as palustrine, forested, broad - leaved deciduous systems that are semi -
permanently to permanently flooded The Mitigation Site encompasses approximately 10
acres of wetlands The approximate locations of jurisdictional wetland areas within the
Mitigation Site are depicted on Figure 4 and the Stinking Creek Mitigation Site map
Existing Buffer Requirements — If the Mitigation Site is not accepted, it is the intention of
- - the property owner to include it within the adjacent proposed development -which will be
within-the Town of Pittsboro's jurisdiction At the time this Mitigation Plan process was
-- = initiated withahe USAGE, the owner confirmed with David Monroe of the Town of
-_ Pittsboro that only water supply buffers would apply and that at this time only the "low
density option" would exist for the development requiring a 30 -foot buffer on all
intermittent and perennial streams The Town measures their 30 -foot buffer as a total
_ width - centered on the center of the stream essentially resulting in only 15 -feet either side -
of the stream This Mitigation Plan would apply at least 50 and 100 foot buffers more
__.. than double those required by the Town Also, the Town buffers are essentially setbacks
- and are not required to -be "undisturbed" as proposed in this mitigation plan
The Town of Pittsboro received approval from the NC Environmental Management
Commission for their required ordinance `Riparian Buffer Protection Ordinance for
Lands within the Jordan Watershed' This new ordinance requires 50 foot buffers on
streams (perennial and intermittent). However, the ordinance allows for uses within the
buffer and clearing of vegetation within the outer 20 feet. This Mitigation Plan would
apply 100 foot buffers on all perennial streams (twice that required under this new Town
ordinance) and 50 foot buffers on all intermittent streams In addition, the buffers
proposed in this Mitigation Plan are "undisturbed" buffers and don't allow for "uses" or
clearing, otherwise allowed by the Town's buffers
The Town does not require buffers on wetlands This Mitigation Plan would apply at
least 50 -foot undisturbed buffers on wetlands
Also, it should be noted that if approved this Mitigation Plan world protect the entire
Mitigation Site, essentially applying buffers on Stinking Creek (for example) of over 200
feet in many locations, with an average buffer width around 150 feet.
5.3 WATER QUALITY
The Mitigation Site is located in the Haw River portion of the Cape Fear Rivei Basin
(USGS 8 -digit Hydrologic Unit 03030002) of the South Atlantic /Gulf Region (NCDWQ
Subbasm Number 03- 06 -04) Stinking Creek has been assigned Stream Index Number
16- 39 -(1) and a Best Usage Classification of WS -IV, NSW (NCDWQ 2010). Streams
with a designation of WS -IV are protected as water supplies which are generally in
moderately to highly developed watersheds Local programs to control nonpoint sources
and stormwater discharges of pollution are required. These waters are suitable for all
Page 11 of 23
Stinking Creek Mitigation Site
Mitigation Plan
S &EC Project No 11248W3
Revised August 2013
tributaries, characteristics of each are included below (Table 1 and Figures 4)
Table 1. Existing Stream Characteristics (see Figures 4 for locations)
Stream
Approximate
USGS
USGS Stream
In -Field Stream
Reach
Stream Length
Stream
Classification
Classification
(linear feet)
Order
Stinking
3,457
third
perennial
perennial
Creek
Unnamed
2,878
first
not shown
intermittent /
Tributary
perennial
Streams
Total
6,335
Stinking Creek is depicted as perennial on the USGS 7 5 -minute topographic quadrangle
Unnamed tributary streams (UTs) are not shown on the USGS topo map However, site
inspection classified the streams as at least intermittent. The UTs are also depicted on the
USDA Soil Survey map
Jurisdictional wetlands located on the Mitigation Site have been verified by the USACE
and aie defined by the presence of three criteria hydrophytic vegetation, hydric soils,
and evidence of wetland hydrology during the growing season (Environmental
Laboratory 1987). Portions of the Mitigation Site supporting jurisdictional wetlands are
characterized by temporarily to seasonally inundated, palustrine, forested wetlands
(NCWAM Classification = bottomland hardwood forest); and semi - permanently flooded,
palustrine, emergent wetlands (idCWAM Classification = non -tidal freshwater marsh)
Hydric soils were found to exist within all jurisdictional wetland areas Vegetative
communities are composed of various strata, including canopy, relatively open
understory, and herbaceous groundcover Groundwater springs contribute hydrology to
these areas, although the dominant hydrological influence is surface flow, overbank
flooding and beaver -dam impoundment activity
Other scni i -seasonal ly inundated floodplam areas exist within the Mitigation Site but
were determined not to be jurisdictional wetlands by the USACE due to their lack of
hydric soils, primarily due to their lack of a depleted matrix (Hydric Soil Indicator 173)
and /or insufficient redoximorphic concentrations (Hydric Soil Indicator F8) While these
areas do not meet the criteria to be determined jurisdictional wetlands and have not been
accounted for as such in mitigation calculations provided within this plan, they continue
to provide significant functions similar tojurtsdictional wetland,, and will hold the same
protections as thcjuiisdictional wetland areas within the Mitigation Site Also, small,
scattered jurisdictional wetland areas exist within the Mitigation Site which were not
"teased- out ", delineated due to their small size and are not requested for preservation
credits within this mitigation plan, but will receive protection within the Mitigation Site
According to the Cowardin classification (Cowardin et al 1979), jurisdictional wetlands
located within the Mitigation Site along unnamed tributaries and along the northern
Page 10 of 23
Stinking Creek Mitigation Site
Mitigation Plan
S &EC Project No. 11248.W3
Revised August 2013
physiography is characterized by lands typical within the Carolina Slate Belt Typical
landforms include hills and linear ridges, and trellised drainage patterns Streams tend to
dry up and water yields to wells are low Streams are low to moderate gradient with
mostly cobble, gravel and sandy substrates (Griffith et al 2002) Elevations within
Mitigation Site range from a high of approximately 270 feet National Geodetic Vertical
Datum (NGVD) on slopes adjacent to unnamed tributaries to a low of approximately 249
feet NGVD at the lowest point of the Mitigation Site Topography within the Stinking
Creek watershed and Mitigation Site is depicted on Figure 3
The Mitigation Site provides water quality functions to a 4 65- square mile watershed at
the point where Stinking Creek leaves the Mitigation Site (Figure 3) The Mitigation Site
abuts and discharges directly into USACE Public Lands and Jordan Lake (Figure 4 and
Stinking Creek Mitigation Site map) The watershed is dominated by forested land and
sparse rural development Impervious surfaces account for less than 5 percent of the
upstream watershed land surface (Figure 4)
Surrounding area land use is primarily vacant forested lands and sparse rural residential
development The rural residential development adjacent to the southeast portion of the
Mitigation Site is called Chestnut Crossing and includes large - single family residential
lots of almost 2 acres to over 3 acres in size On -site land use is characterized by forested
lands and managed timber lands (Figure 4) Riparian zones and wetland areas are
primarily composed of mature hardwood forest. Hardwood forest is characterized by
oaks (Quercus spp.), hickories (Cary spp ), sycamores (Platanus occidentalis), red maple
(Ater rubrum), sweetgum (Liquidambar styraciflua), and green ash (Fraxinus
pennsylvanica) Forested areas appear relatively intact, with some managed timber tracts
along the southwestern portion of the Mitigation Site cut within the last 10 years The
beaver impoundment marsh areas in the southwestern portion of the Mitigation Site are
dominated by emergent vegetation with lesser amounts of shrubs and trees
5.2 JURISDICTIONAL STREAMS AND NkTTLANDS
The main.hydrologic features of the Mitigation Site include Stinking Creek, unnamed
tributary streams, associated floodplains and wetland areas Stinking Creek is a third
order stream within the Mitigation Site and drainages an approximately 4.65- square mile
watershed (Figure 3) The unnamed tributaries tend to be characterized by stable banks
and a generally wide, undisturbed forested buffer Stinking Creek within the Mitigation
Sate may be generally characterized as riverine and upper perennial ivith unconsolidated
bottoms consisting of sand, gravel and coble Tributary streams within the Mitigation
Site may generally be characterized as riverme and upper perennial with streambeds
consisting of gravel, sand and mud Streams are surrounded by a mixture of mature
riparian vegetation and marsh and remain relatively stable, despite silvicultural and
development pressures
The Mitigation Site currently encompasses approximately 6,335 linear feet of stream
channel that are proposed for preservation, including Stinking Creek and unnamed
Page 9 of 23
Stinking Creek Mitigation Site
Mitigation Plan
S &EC Project No. I I248.W3
Revised August 2013
future road), adding almost a mile more of protected riparian corridor to the existing
public lands. A copy of the updated Master Plan can be obtained from the USACE
Jordan Lake website at;
http: / /www.saw.usace.army.miI /JORDAN /Jordan lake master plan update.htm
The Mitigation Site supports similar aquatic resources (bottomland hardwood forest,
riverine swamp forest, and non -tidal freshwater marsh) to aquatic systems in this portion
of the State.
4.0 SITE PROTECTION INSTRUMENT
The Sponsor will protect this Mitigation Site by a conservation easement ( "Conservation.
Instrument ") approved by USACE. The conservation easement shall be perpetual,
preserve all natural areas, and prohibit all use of the property inconsistent with its use as
mitigation property, including any activity that would materially alter the biological
integrity or functional and educational value of natural resources within the Mitigation
Site, consistent with this Mitigation Plan. The Sponsor has provided the conservation
easement to the USACE for written approval. Upon the approval of a conservation
easement by USACE, the Sponsor or other initial grantee shall record the conservation
easement in the Office of the Register of Deeds of Chatham County, NC. The Sponsor
shall provide a copy of the recorded conservation easement, showing book and page
numbers of the recorded location, to USACE. After recording the conservation easement,
the County or other initial grantee may, with the approval of USACE, convey the
Mitigation Site property either in fee or by granting an easement to a qualified land trust,
state agency, or other appropriate nonprofit organization. The terms and conditions of this
conveyance shall not conflict with the intent and provisions of the conservation easement
nor shall such conveyance enlarge or modify the uses specified in the conservation
easement.
5.0 BASELINE INFORMATION
Mitigation Site aquatic resources are similar to those found within the proposed Chatham
Park assemblage. Surrounding lands support primarily hardwood forests and some
scattered rural development. Floodplains adjacent to streams support forested wetlands,
emergent wetlands, and some open water. And, in some cases, streams drown into
beaver impoundments. Forested wetlands include some headwater forest, bottomland
hardwood forest, and non -tidal freshwater marsh. This wetland complex provides
hydrology functions such as runoff and flow - velocity reduction, energy dissipation,
maintenance of stream baseflow, and groundwater recharge and discharge. Water quality
functions include sediment retention,. toxicant and nutrient reduction and transformation,
and bacterial and viral reduction of watershed runoff. liahitat functions include a
complexity of physical structures, dispersion of open waters within vegetated wetlands, a
reduction of habitat fragmentation, and travel corridors.
5.1 PHYSIOGRAPHY, TOPOGRAPHY, AND LAND USE
The Mitigation Site is located in the Carolina Slate Belt (45c) ecoregion of North
Carolina within USGS HUC 03030002 (North Carolina Division of Water Quality
[NC DWQ] Subbasin Number 03- 06 -04) of the Cape Fear River Basin. Regional
Page 8 of 23
Stinking Creek Mitigation Site
Mitigation Plan
S &EC Project No. It 248.W3
Revised August 2013
• Providing additional preservation of undeveloped lands and waters on private
property abutting Public Lands (USACE Property surrounding Jordan Lake) and
waters.
These goals will be achieved through the following measures:
Providing approximately 1,267 feet of stream mitigation credits
(preserving approximately 6,335 linear feet of stream).
Providing approximately 2 acres of wetland mitigation credits
(preserving approximately 10 acres of jurisdictional wetland).
Protecting the Mitigation Site in perpetuity with appropriate legal mechanisms
(permanent conservation easement).
3.0 SITE SELECTION
Primary considerations for Mitigation Site selection include in -kind mitigation and the
potential for protection /improvement of water quality of a water supply reservoir (Jordan
Lake) within a portion of North Carolina under developmental pressure. More
specifically, considerations include desired aquatic resource functions, hydrological
conditions, soil characteristics, aquatic habitat diversity, habitat connectivity,
compatibility with adjacent land uses, reasonably foreseeable effects the mitigation
project will have on ecologically important aquatic and terrestrial resources, and potential
development trends and land use changes.
The Stinking Creek watershed has been identified in the `Southwest Shore Conservation
Assessment' (October 2008) prepared by the Triangle Land Conservancy (TLC) and The
Center for Sustainable Community Design, Institute for the Environment, UNC Chapel
Hill as a targeted "conservation area" to protect the riparian area. A copy of this plan can
be obtained from the TLC website at;
http: / /www.triangleland.org /lands /Manning /S Wshorereportsm.pdf.
The proposed mitigation will result in perpetual protection of wetlands and streams which
contribute drinking water for the region. According to the Cape Fear River Basinwide
Water Quality Plan (NCDWQ 2005), the population around Pittsboro and the US 15/501
corridor is expected to grow by 60,000 people by 2020. The Mitigation Site is located in
a developing region of the state; therefore, protection of streams and wetlands are
expected to result in immediate water quality benefits in the vicinity of the impact reach.
'rhe Mitigation Site is located immediately adjacent (upstream) to USACE owned public
lands surrounding Jordan Lake, and Mitigation Site streams and wetlands will drain
directly into the water supply reservoir. The B. Everett Jordan Dam and Lake Master
Plan Update dated April 2010, classifies these adjacent lands as "Multiple Resource
Management ", "Permanent Wildlife" and the Operational Management Plan identifies
them as "NC WRC — Permanent ". The protection of the Mitigation Site would provide
for a permanent riparian corridor from the western limits of the mitigation site to Jordan
Lake with the exception of only two road crossings (Gum Springs Church Road and a
Page 7 of 23
Stinking Creek Mitigation Site S &EC Project No 11248W3
Mitigation Plan Revised August 2013
❖ Point near the center of the Mitigation Site
Latitude 35 6693° N, Longitude 78 1084° W
Alternative Route
❖ From the City of Raleigh travel south on US Hwy 1 to US Hwy 64 West
❖ Travel US Hwy 64 West towards Pittsboro
❖ Turn left on Fox Fire Trace (old US -64) shortly after crossing over Haw River
❖ Turn left on Dee Farrell Road
❖ Turn left on Hanks Chapel Road
❖ Road changes names to Gum Springs Church Road
❖ Travel approximately 6 miles to Mitigation Site entrance on Right (described
above)
2.0 OBJECTIVES
The primary goals of this stream and wetland mitigation project focus on promoting
sustainability and improvement of aquatic resources within the Stinking Creek watershed
Protection of existing aquatic resources (forested wetlands, emergent wetlands, and
streams) through a conservation easement is likely to result in net gains in hydrology,
water quality, and habitat functions of Mitigation Site streams and wetlands Primary r
goals will be accomplished through the following measures
• Protecting, on a watershed scale, tributaries to the Jordan Lake water supply
reservoir from non -point sources of pollution associated with urban service area
expansion and development
• Promoting water quality by protecting jurisdictional wetlands adjacent to Stinking
Creek and other Mitigation Site streams and tributaries
• Perpetually providing a diverse woody vegetative buffer adjacent to Stinking
Creek and other Mitigation Site streams and wetlands, including the prevention of
silvicultural practices and cutting of trees within the Mitigation Site
• Promoting floodwater attenuation through a) allowing bankfull stream flows to
develop over time and b) protecting vegetation on the Mitigation Site floodplains
to increase frictional resistance on floodwaters crossing the Mitigation Site -
• Improving aquatic habitat by promoting stable stream banks, shading open waters,
and providing structure w,thm the Mitigation Site
• Providing a wildlife corridor and refi►ge, and connection to Public Lands currently
managed by the NC Wildlife Resources Commission as Game Lands, in an area
rapidly expanding with residential and commercial development
• Providing mitigation alternatives for projects requiring such measures in the
geographic service area of the Chatham Umbrella Stream and Wetland Mitigation
Bank that is currently underrepresented by private mitigation banks
Page 6 of 23
Stinking Creek Mitigation Site S &EC Project No. I I248.W3
Mitigation Plan Revised August 2013
MITIGATION PLAN
STINKING CREEK MITIGATION SITE
PRESERVATION OF STINKING CREEK and
ADJACENT WETLANDS and STREAMS
Chatham County, North Carolina
_ 1.0 INTRODUCTION
Chatham Park Investors LLC (Sponsor) proposes the establishment of a stream and
wetland mitigation project at the Stinking Creek Mitigation Site (Mitigation Site),Iocated
appr_oxtmately 8 miles southeast of Pittsboro in eastern Chatham County- (Figures, y5).
The Mitigation Site is anticipated to be one of several included in the Chatham Umbrella
_Stream and Wetland Mitigation Bank (Bank), an umbrella stream and wetland mitigation
bank also sponsored by Chatham Park investors LLC The Mitigation Site is located- in
--the-Haw River portion of the Cape Fear River Basin (USGS 8 -digit Hydrologic- -Unit
03030Q02) of the South Atlantic /Gulf Region (NCDWQ Subbasin Number 03- 06 704)._
The Bank is expected to, offset unavoidable impacts associated with Sponsor_ projects,
such as the proposed development of Chatham Park,, located immediate north of the
Mitigation Site, and other non - Sponsor projects within the 03030002 hydrologic unit
This document serves as the Draft Mitigation Plan for the Mitigation Site, which
encompasses portions of four parcels of land and 43 acres of land. Supporting figures are
located in Figures 1 — 5 and Stinking Creek Mitigation Site map The Mitigation Site
generally consists of the area within the floodplain of Stinking Creek (Stream Index No
16- 39 -(1), Class WS -IV, NSW) and includes a minimum of 100 -foot undisturbed buffers
along Stinking Creek and 50 -foot undisturbed buffers on all other jurisdictional streams
and wetland areas, and is primarily characterized by mature hardwood forest stands,
bottomland hardwood forest, riverine swamp forest, and non -tidal freshwater marsh
within floodplains and adjacent side slopes associated with Stinking Creek and various
unnamed tributaries. Within the Mitigation Site, approximately 4,470 linear feet of
Stinking Creek, 2,878 linear feet,of tributary streams and 10 acres of wetlands are
proposed for preservation The proposed Mitigation Site contains two parcels to be
protected under a single conservation easement Mitigation Site streams and wetlands are
situated immediately upstream of Jordan Lake and surround USACE Public Lands,
resulting in perpetual protection of water quality within the proposed watei supply
watershed
Directions to the Mitigation Site
❖ From the City of Raleigh travel south on US Hwy 1
❖ Travel 23 miles and take exit 79 for Pittsboro /Moncure
❖ Turn right at Moncure Pittsboro Road (SR 1012)
❖ Travel 2 4 miles and turn right at Gum Springs Church Road (SR 1943)
❖ The Mitigation Site entrance is a gated dirt road on the left (north) side of Gum
Springs Church Road, shortly after Old Chestnut Crossing Road
Page 5 of 23
Stinking Creek Mitigation Site
Mitigation Plan
TABLE OF CONTENTS
EXECUTIVE SUMMARY
1 0 INTRODUCTION
2 0 OBJECTIVES
3 0 SITE SELECTION
4 0 SITE PROTECTION INSTRUMENT
5 0 BASELINE INFORMATION
5 1 Physiography, Topography, and Land Use
5 2 Jurisdictional Streams and Wetlands
5 3 Water Quality
5 4 Vegetation
5 5 Soils and Land Form
5 6 Federally Protected Species
6 0 DETERMINATION OF CREDITS
6 1 Credit Determination
6 2 Proposed Credit Release Schedule
7 0 MITIGATION WORK PLAN
7 1 Stream Preservation
7 3 Wetland Preservation
8 0 MAINTENANCE PLAN
9 0 PERFORMANCE STANDARDS
10 0 MONITORING REQUIREMENTS
I 10 LONG -TERM MANAGEMENT PLAN
12 0 ADAPTIVF MANAGEMENT PLAN
13 0 FINANCIAL ASSURANCES
14 0 CORPORATE EXPERIENCE
15 0 REFERENCES
15 0 APPENDICES
S &EC Project No 11248W3
Revised August 2013
LIST OF TABLES
Table 1 Existing Stream Characteristics (see Figures 4 for locations)
Table 2 Stinking Creek Mitigation Site Soils
Table 3 FSC Species Listed for Chatham County
Table 4. Proposed Mitigation Quantities vs Mitigation Credits
Table 5 Proposed Credit Release Schedule. ..
LIST OF FIGURES (Appendices)
Figure i Project Location
Figure 2 Hydrologic Unit Map
Figure 3 Topography and Drainage Area
Figure 4 Existing Conditions
Figure 5 NRCS Soil Survey
Stinking Creek Mitigation Site Map (Revised 9/14/10)
DRAFT Model Conservation Easement (to be completed thru review process)
Page 4 of 23
2
5
6
7
7
8
8
9
10
11
12
13
15
15
15
16
17
17
17
17
17
18
18
19
19
20
22
9
13
14
15
16
I
Stinking Creek Mitigation Site
Mitigation Plan
S &EC Project No 11248W3
Revised August 2013
• Improving aquatic habitat by promoting stable stream banks, shading open waters, and
providing structure within the Mitigation Site
• Providing a wildlife corridor and refuge, and connection to Public Lands currently
managed by the NC Wildlife Resources Commission as Game Lands, in an area rapidly
expanding with residential and commercial development
• Providing mitigation alternatives for projects requiring such measures in the geographic
service area of the Chatham Umbrella Stream and Wetland Mitigation Bank that is
currently underrepresented by private mitigation banks
• Providing additional preservation of undeveloped lands on private property abutting
Public Lands (USACE Property surrounding Jordan Lake)
The-Mitigation Site mitigation plan includes 1) preservation of approximately 6,335 linear feet
of streams, 2) preservation of approximately 10 acres of jurisdictional wetlands, and 3)
establishment of a permanent conservation easement which will encompass all mitigation
activities, as well as a minimum 100 -foot undisturbed riparian buffer adjacent to Stinking Creek
and 50 -foot undisturbed riparian buffers adjacent to all other streams, ponds, and wetlands
Mitigation options outlined in this report are as follows
After completion, the Mitigation Site will offer 1,267 stream mitigation credits and 2 wetland
mitigation credits Please note that proposed mitigation credits provided in the table above
were delineated in the field and accurately mapped for the generation of these quantities
The records search at the Natural Heritage Program revealed that no rare plants or animals have
been recorded within the project boundaries Three federally protected species are listed for
Chatham County (USFWS 2008) Red - cockaded Woodpecker (Picoide bureau 's)(US -E), Cape
Fear Shiner (Notropis mekistocholas)(US -E), and Harpella (Ptilrmnium nodosum)(US -E) Each
of these species is listed as Endangered. Additionally, the bald eagle (Halweetus
leiico(t�phalus) is protected by the Bald and Golden Eagle Pr,)teatir)n Act, anti 11 Federal
Species of Concern (FSC) are listed for Chatham County Several othei candidate species
included in a recent petition to the US Fish & Wildlife Service may exist on the property
The file search at the State Historic Preservation Office (SHPO) produced no records of
structures on property listed on the National Registry (NR), Determination of Eligibility (DOE),
Study List (SL), or Locally Designated (LD) lists. The records search at the North Carolina
Office of State Archaeology (OSA) revealed no historical archaeological sites, surveys, or
artifacts within the Mitigation Site boundary
Page 3 of 23
Proposed Mitigation
Proposed Credits
Proposed
Mitigation
Achvit�
Streams
Wetlands
Stream
Wetland Credits
(linear feet)
(acres)
Credits
Preservation
6,335
10
1,267
2
After completion, the Mitigation Site will offer 1,267 stream mitigation credits and 2 wetland
mitigation credits Please note that proposed mitigation credits provided in the table above
were delineated in the field and accurately mapped for the generation of these quantities
The records search at the Natural Heritage Program revealed that no rare plants or animals have
been recorded within the project boundaries Three federally protected species are listed for
Chatham County (USFWS 2008) Red - cockaded Woodpecker (Picoide bureau 's)(US -E), Cape
Fear Shiner (Notropis mekistocholas)(US -E), and Harpella (Ptilrmnium nodosum)(US -E) Each
of these species is listed as Endangered. Additionally, the bald eagle (Halweetus
leiico(t�phalus) is protected by the Bald and Golden Eagle Pr,)teatir)n Act, anti 11 Federal
Species of Concern (FSC) are listed for Chatham County Several othei candidate species
included in a recent petition to the US Fish & Wildlife Service may exist on the property
The file search at the State Historic Preservation Office (SHPO) produced no records of
structures on property listed on the National Registry (NR), Determination of Eligibility (DOE),
Study List (SL), or Locally Designated (LD) lists. The records search at the North Carolina
Office of State Archaeology (OSA) revealed no historical archaeological sites, surveys, or
artifacts within the Mitigation Site boundary
Page 3 of 23
Stinking Creek Mitigation Site
Mitigation Plan
EXECUTIVE SUMMARY
S &EC Project No 11248 W3
Revised August 2013
Chatham Park Investors LLC (Sponsor) proposes the establishment of the Stinking Creek
stream and wetland mitigation site along Stinking Creek (hereafter the Mitigation Site) located
approximately 8 miles southeast of Pittsboro in eastern Chatham County. The Mitigation Site is
anticipated to be one of several included in the Chatham Umbrella Stream and Wetland
Mitigation Bank (Bank), an umbrella stream and wetland mitigation bank also sponsored by
Chatham Park Investors LLC The Mitigation Site is located in the Haw River portion of the
Cape Fear River Basin (USGS 8 -digit Hydrologic Unit 03030002) of the South Atlantic /Gulf
Region (NCDWQ Subbasm Number 03- 06 -04)
The Mitigation Site encompasses approximately 43 acres of land that includes approximately 10
acres of wetlands, classified as bottomland hardwood forest, riverine swamp forest; and non -- -
tidal freshwater marsh (NCWAMv 5 0) The Mitigation Site currently encompasses _ -
approximately 3,457 linear feet of Stinking Creek and 2,878 linear feet of unnamed tributary
streams to Stinking Creek Land uses in the vicinity of these wetlands and streams include US
Army Corps of Engineers (USACE) public lands, wildlife corridors, residential, unmanaged
forests and adjacent connectivity to Jordan Lake Protection of the Mitigation Site resources -
will be accomplished through a conservation easement This protection will promote the
sustainability or improvement of aquatic resources in the Stinking Creek watershed and the
downstream Jordan Lake water supply reservoir, a watershed under increasing pressure from
development Further, the watershed is currently underrepresented by private mitigation banks
Wetland and stream functions currently provided include flood attenuation, slow release of ,
water to maintain stream base flow, removal of watershed pathogens, a sink for particulate and
soluble matter (including nutrients), aquatic and riparian habitat, and landscape -scale wildlife
travel corridors
The primary goal of this mitigation project focuses on removing a threat to and preventing a
decline of aquatic resources on a watershed scale by an action in or near those aquatic resources
This goal will be accomplished through the following measures
• Protecting, on a watershed scale, tributaries to the Jordan Lake water supply reservoir
from non -point sources of pollution associated with urban service area expansion and
development
• Promoting water quality by protecting jurisdictional wetlands adjacent to Stinking Creek
and other Mitigation Site streams and tributaries
•
Pei petually providing a diverse woody vegetative buffer adjacent to Stinking Creek and
other Mitigation Site streams and wetlands, including the prevention of silvicultural
practices and cutting of trees within the Mitigation Site
• Promoting floodwater attenuation through a) allowing bankfull stream flows to develop
over time and b) protecting vegetation on the Mitigation Site floodplams to increase
frictional resistance on floodwaters crossing the Mitigation Site
Page 2 of 23
MITIGATION PLAN
STINKING CREEK MITIGATION SITE
Chatham Umbrella Stream and Wetland Mitigation Bank
Developed Through:
PRESERVATION OF STINKING CREEK and
ADJACENT WETLANDS and STREAMS
Chatham County, North Carolina
S &EC Project No. 1 1248.W3
Prepared for Sponsor:
CHATHAM PARK INVESTORS LLC
100 Weston Estates Way
Cary, NC 27513
Prepared by:
SOIL & ENVIRONMENTAL CONSULTANTS, PA
11010 RAVEN RIDGE ROAD
RALEIGH, NORTH CAROLINA 27614
August 2013
EC