Loading...
HomeMy WebLinkAbout20091236 Ver 4_Mitigation Bank Prospectus_20170515res o� �`' a � , RGC�f�Jfll�,f�vp Andrea Hughes, Kim Browning, Kathy Matthews MAY 1 5 2017 Todd Tugwell Emily Wells Gabriella GarrisonDENR • WATER RESOURCES U.S. Army Corps of Engineers U.S. Fish & Wildlife Services NC Wildlife Res0UT9A%WMRM%Vb%lPERMITTING UNIT 3331 Heritage Trade Drive, Ste 105 PO Box 33726 PO Box 28347 Wake Forest, NC 27587 Raleigh, NC 27636-3726 Hoffman, NC 28347 Emily Greer Todd Bowers C U.S. Army Corps of Engineers USEPA, Region 4 RC !�!VED 69 Darlington Avenue 61 Forsyth Street, SW Wilmington, NC 28403 Atlanta, GA 30303 A, Mac Haupt Riley�WVirginia Baker Ken Rile Sr ft LANATERPO QUAL17y NCDEQ, Division of Water Resources National Marine Fisheries Service ERMITTING 512 N. Salisbury Street, 9' Floor 101 Pivers Island Road Raleigh, NC 27604 Beaufort, NC 28516 r Re: RES Cape Fear 04 Umbrella Mitigation Bank, Blackstar Site — Prospectus RE�E��E.O �,���APR 28 11 Dear Sir/Madam, ytj"AI DQUALIr/y On behalf of Resource Environmental Solutions & Environmental Banc & Exchange, LLC, I am pleased to p b�mit �theQ Prospectus for the Blackstar Mitigation Site ("Site"). Location The 19.92-acre proposed mitigation site is located approximately five miles west of Dunn in Harnett County, North Carolina (35.2786°N,-78.70021W). The Site is located in the 14digit HUC 03030004110020 and will restore and protect a catchment which eventually discharges directly to the Cape Fear River. Existing Site Conditions Current land use around the Site is primarily agricultural, undeveloped land, and single-family homes. Land -use immediately surrounding the project includes pasture supporting livestock. The landscape is old terrace above the Cape Fear River exhibiting linear depressions between higher shallow ridges. A ditch flows southwesterly through the Site to the Cape Fear River (Site is located about 0.60 miles west of the Cape Fear River). The Site has several shallow ditches to improve surface drainage to a ditch along the eastern property boundary and impacts from livestock have increased erosion and down cutting along a Swale that also increases site drainage. Soil investigations shows that much of the low-lying landscape exhibits hydric characteristics and a shallow seasonal high water table. There are two community types present within the project area: pasture and forest. The re-establishment areas are primarily pasture and the enhancement area is both Palustine forested (PF0IQ and Palustrine scrub -shrub (PSS1C) wetland. The proposed re-establishment area on the eastern ditch of the Site is a concave landscape with shallow ditching to drain surface water and has sustained surface churning from livestock. This limits infiltration and both surface and subsurface long-term storage capacity. Within this proposed re-establishment area the pasture is Bermuda (Cynodon) with buttercup (Ranunculus), and the ditched area has common rush (Juncus effusus) with no trees present. Other grasses and weeds are limited. The hydrology at the southern end of the western exhibits disturbance, but seepage is present. Within this proposed re-establishment area, the pasture is Bermuda with buttercup. The low-lying areas and ditches have common rush. The proposed enhancement area is a disturbed forested wetland that appears to currently meet jurisdictional hydrology, but has minor drainage modifications and impacts of livestock. Vegetation is stressed by these irhpacts. The sparse canopy consists of red maple (Acer rubrum), blackgum (Nyssa sylvatica), sweetgum (Liquidambar styraciva), cottonwood 412 N. 4th St. #300 701 E. Bay St. #306 5020 Montrose Blvd. #650 1200 Camellia Blvd. #220 Baton Rouge, LA 70802 Charleston, SC 27904 Houston, TX 77006 Lafayette, LA 70508 1371h East Main St. A210 10055 Red Rw'BIW.#130 33 Tem final Way #431 302 Jefferson St. #110 1521 W. Main 2- Floor Oak Hill, WV 25901 Owings Mills, MD 21117 Pittsburgh, PA 15219 Raleigh, NC 27605 Richmond, VA 232.20 RES Cape Fear 04 Umbrella Mitigation Bank Blackstar Site Prospectus Cape Fear River Basin HUC 03030004 Prepared by: Resource Environmental Solutions, LLC Bank Sponsor: Environmental Banc & Exchange, LLC 302 Jefferson Street, Suite 110 Raleigh, NC 27605 919-209-1052 fires April 2017 Table of Contents 1 INTRODUCTION.....................................................................................................................1 1.1 Project Description........................................................................................................................1 1.2 Project Location............................................................................................................................1 1.3 Service Area..................................................................................................................................1 1.4 Identified Watershed Needs..........................................................................................................1 1.5 Purpose and Objectives................................................................................................................. 2 1.6 Technical Feasibility.....................................................................................:............................... 2 1.7 Site Ownership.............................................................................................................................. 2 2 QUALIFICATIONS..................................................................................................................3 2.1 Bank Sponsor................................................................................................................................3 2.2 Bank Sponsor Qualifications':.......................................................................................................3 3 EXISTING CONDITIONS ........ :................................................................................................ 4 3.1 Existing Jurisdictional Waters of the U.S.....................................................................................4 3.2 Soil Survey....................................................................................................................................5 3.2.1 General Physiographic and Geologic Characteristics......................................................... 5 3.2.2 Site Mapped Soil Series.i .....................................................................................................5 �.. 3.3 Endangered/Threatened Species................................................................................................... 5 3.4 Vegetation and Wildlife................................................................................................................ 6 3.5 Cultural Resources ....................................................................................................................... 7 I 3.6 Constraints.................................................................................................................................... 7 3.7 Site Photographs........................................................................................................................... 8 4 PROPOSED BANK CONDITIONS...........................................................................................9 4.1 Conceptual Mitigation Plan .......................................................................................................... 9 4.1.1 Wetland Re-establishment..................................................................................................... 9 4.1.2 Wetland Enhancement.........................................................................................................10 4.1.3 Monitoring..........................................................................................................................10 5 BANK ESTABLISHMENT AND OPERATION.....................................................................11 5.1 Establishment and Operation of the Bank...................................................................................11 5.2 Proposed Credit Release Schedule..............................................................................................11 5.2.1 Initial Allocation of Released Credits.................................................................................12 5.2.2 Subsequent Credit Releases................................................................................................12 5.3 Financial Assurances..................................................................................................................13 5.4 Proposed Ownership and Long -Term Management...................................................................13 5.5 Assurance of Water Rights.........................................................................................................13 Blackstar Mitigation Site PROPSECTUS RES Cape Fear 04 Umbrella Bank i April 2017 List of Figures Figure 1. Project Vicinity Map Figure 2. USGS Topographic Map Figure 3. Aerial Photography Map Figure 4. NWI Wetlands Map Figure 5. Soils Map Figure 6. Constraints Map Figure 7. Conceptual Design Plan Appendix A — Landowner Authorization Forms Appendix B — NC WAM Forms Blackstar Mitigation Site PROPSECTUS RES Cape Fear 04 Umbrella Bank ii April 2017 1 INTRODUCTION 1.1 Project Description Environmental Banc & Exchange, LLC ("BBX"), a wholly owned subsidiary of Resource Environmental Solutions ("RES"), is pleased to propose the RES Cape Fear 04 Umbrella Mitigation Bank (the "Bank"). The proposed umbrella structure of the Bank is designed to initially permit one mitigation site, and establish the umbrella banking instrument for future mitigation sites. The first site is the Blackstar Wetland Mitigation Site (the "Site"), and is identified as having potential to help meet the compensatory mitigation requirement for riparian wetland impacts in hydrologic unit code (HUC) 03030004 of the Cape Fear River Basin. The Site is located in Erwin, NC and contains one parcel totaling 208-acres in Harnett County, NC. One ditch flows southwesterly through the Site and another ditch is located to the east of that. The Site exhibits diminished habitat value as a result of past and on -going agricultural activities. The Site will involve the re-establishment and enhancement of 19.92 acres that have been disturbed by impacts from livestock, including erosion and down cutting along a swale. The conceptual design presents 12.47 acres of wetland re-establishment and 7.45 acres of wetland enhancement, generating 16.23 Wetland Mitigation Units (WMUs). 1.2 Project Location The Site is located approximately 5.4 miles west of Dunn in Harnett County (Figures 1 and 2). The GPS coordinates of the site are 35.2786°N and-78.7002°W. To access the site from the town of Erwin, head south on NC-217 S for approximately 1.1 miles, and then turn left into Beaver Dam Road and continue for approximately 2.5 miles. This property provides access to the Site. 1.3 Service Area The Umbrella Bank will provide mitigation credits to offset unavoidable impacts to wetland and stream resources within the Cape Fear 04 River Basin (8-digit USGS HUC 03030004). The Site is located within the 14-digit HUC 03030004110020. This proposed Site will result in significant ecological improvements including water quality improvement, habitat restoration, and a decrease in non -point source pollution from agricultural practices. The Site's watershed is primarily rural and the project parcel has been in agricultural use for several decades (Figure 3). Water quality stressors currently affecting the Site include active cattle pasture. The Site will restore and protect a catchment within the Juniper Creek Watershed, which discharges directly to the Cape Fear River. Project benefits are not limited to the immediate area, but have more far-reaching effects for the Cape Fear River. 1.4 Identified Watershed Needs The North Carolina Division of Mitigation Services (DMS) develops River Basin Restoration Priorities (RBRP) to guide its restoration activities within each of the state's 54 cataloging units. The Cape Fear is one of four river basins entirely contained within North Carolina's borders. The 2009 Cape Fear River Basin RBRP identified several restoration needs for the entire Cape Fear River Basin, as well as for HUC ' 03030004. Goals include promoting nutrient and sediment reduction in agricultural and urban areas by Blackstar Mitigation Site PROPSECTUS RES Cape Fear 04 Umbrella Bank 1 April 2017 restoring and preserving streams, wetlands, and riparian buffers. The Cape Fear 03030004 HUC has some fast-growing urban areas, namely Fayetteville, Fuquay-Varina, Holly Springs, and Fort Bragg. The proposed Bank is designed to help meet these goals. The projects will address stressors identified in the watershed through nutrient removal, sediment removal, runoff filtration, and improved aquatic and terrestrial habitat. These project goals will be achieved through wetland enhancement and re-establishment. 1.5 Purpose and Objectives The purpose of the proposed Bank is to generate compensatory mitigation credits for inclusion in the RES Cape Fear 04 Umbrella Mitigation Bank in .the Cape Fear River Basin. The project goals address stressors identified in the watershed, and include the following: • Nutrient removal, • Sediment reduction, • Invasive species treatment, • Filtration of runoff, and • Improved aquatic and terrestrial habitat. The project goals will be addressed through the following project objectives: • Converting active pasture to a wetland slough and bottomland wetland system, • Fill and stabilize existing ditches, • Re-establishment of bottomland hardwood and riverine swamp forest habitats, • Treatment of exotic invasive species, and • Enhancement of hydrology in existing wetlands. The proposed Site will provide numerous ecological and water quality benefits within the Cape Fear River Basin. These benefits are not limited to the project area, but have more far-reaching effects throughout the Cape Fear River. The Site will provide improvements to water quality, hydrologic function, and habitat. 1.6 Technical Feasibility The technical feasibility of the Site is supported by EBX's/RES' extensive experience with stream and wetland restoration and enhancement in North Carolina and throughout the Southeast. Further preliminary survey, investigations, and design has been performed to ensure the feasibility of the proposed project. The absence of fatal flaws such as hydrologic trespass, historic/cultural resources, and protected species means the project is unlikely to be impeded by resource issues, or by objections from adjacent landowners. 1.7 Site Ownership The land required for the construction, management, and stewardship of this mitigation project includes portions of the parcel listed in Table 1. RES has obtained an easement agreement option on part of the parcel. Blackstar Mitigation Site PROPSECTUS RES Cape Fear 04 Umbrella Bank 2 April 2017 Table 1. Site Ownership Deed Book Parcel Protected Landowner Pin County and Page Acreage Acreage Number Wellons Properties 0585-94-8560 Harnett 707/534 208.49 19.92 Inc. 2 QUALIFICATIONS 2.1 Bank Sponsor The Site shall be establish under the terms and conditions of the RES Cape Fear 04 Umbrella Mitigation Bank made and entered i o by Environmental Banc & Exchange, LLC (EBX), acting as the Bank Sponsor. Company Name`. Environmental Banc & Exchange, LLC Company Address 302 Jefferson Street, Suite 110, Raleigh, NC 27605 Contact Name: Cara Conder Telephone: (919) 209-1052 Email: cconder@res.us 2.2 Bank Sponsor Qualifications Resource Environmental Solutions, LLC (RES) was founded in February 2007 and grew organically from its roots restoring Louisiana wetlands to deliver mitigation solutions across Louisiana, Texas, Pennsylvania, West Virginia, Maryland, Virginia, North Carolina and South Carolina. In December 2014, RES acquired industry pioneer Environmental Banc & Exchange, LLC (EBX) and EBX-Neuse I, LLC (a partnership), expanding the RES knowledge base and geographic and technical delivery capabilities. RES develops and supplies ecological offsets to help public and private sector clients obtain required permits for unavoidable, project -related impacts to wetlands, streams, and habitats. RES helps clients proactively manage risk from operations in environmentally sensitive areas by providing proactive impact analyses, streamlining permitting processes, and limiting liability and regulatory exposure. RES is the premier provider of ecological offset solutions in the US • RES founded in 2007 / EBX founded in 1997 • 110 mitigation sites permitted/in process • Conservation easements protecting roughly 400 sites • 32,000 restored wetland acres • 4,000 acres of custom mitigation solutions • 155 miles of stream restoration • Reduced over 240 tons of nutrients • Rehabilitated and preserved over 3,700 acres of endangered species habitats In North Carolina, RES and its affiliated companies have won over $70 million in mitigation contracts with North Carolina state agencies. With a regional office in Raleigh staffed with full-time professionals, RES Blackstar Mitigation Site PROPSECTUS RES Cape Fear 04 Umbrella Bank 3 April 2017 has the ability to carry out existing projects, as well as secure and carry out new projects and banks in the State. A few representative projects implemented by RES are presented below. Neu -Con Umbrella Mitigation Bank (North Carolina): One of the first approved wetland and stream banks in North Carolina. The service area of the Bank is the entire Neuse River Basin. The Bank was established in April 2001. Initial contract: 22,964 linear feet of stream mitigation units (SMU) sold to North Carolina DOT based on credits produced from 3 stream restoration sites (initiated November 2000; sold all credits in November 2000; design initiated December 2001; construction completed on all sites Spring 2005; monitoring completed on all sites in Fall 2009). Additional sites added starting in 2008. Chesapeake Wetland Mitigation Bank (City of Chesapeake, Virginia): 545-acre wetland mitigation bank in the Lower James Watershed in Virginia. The service territory of the Bank includes HUCs 02080206 and 02080208. The Bank was established in July 2009. The remainder of the 1,156-acre property will be sold to the Great Dismal Wildlife Refuge (MBI finalized Spring 2009; construction completed Spring 2011; in the monitoring phase). Conoconnara Swamp Site (Halifax County, North Carolina): 87.0 WMU of wetland restoration and 5,050 SMU of stream restoration (initiated July 2005; construction completed Spring 2007; monitoring completed Fall 2011). 3 EXISTING CONDITIONS 3.1 Existing Jurisdictional Waters of the U.S. The US Fish and Wildlife Service National Wetland Inventory (NWI) Map depicts wetlands within the project site (Figure 4). The ditch that drains directly to the Cape Fear River is mapped as PFOIC (Palustrine Forested Broad -Leaved Deciduous Seasonally Flooded) and PSS 1C (Palustrine Scrub -Shrub Broad -Leaved Deciduous Seasonally Flooded. Detailed wetland delineation has not been performed. The Site will be delineated and approved by the USACE during the decision phase of the project. The wetland areas were assessed using the NC Wetland Assessment Method (NC WAM). NC WAM rating forms are included in Appendix B, and results are summarized in Table 2. Table 2. NC WAM Summary Assessment Area JEL NC WAM Rating Area 1 Low Area Low Area 3 Low. Blackstar Mitigation Site PROPSECTUS RES Cape Fear 04 Umbrella Bank 4 April 2017 3.2 Soil Survey 3.2.1 General Physiographic and Geologic Characteristics The Site is located in the Southeastern Floodplains and Low Terraces level IV ecoregion within the Southeastern Plains level III ecoregion. Dominated by sluggish rivers, backwaters with ponds, swamps, and oxbow lakes, this ecoregion is composed primarily of alluvium and terrace deposits of sand, clay, and gravel. Due to regular flooding, this region is comprised of both blackwater and brownwater floodplains that often exhibit bottomland hardwood and swamp forests. This region contains valuable habitat and provides important wildlife corridors. 3.2.2 Site Mapped Soil Series Existing soil information from the Natural Resource Conservation Service (NRCS) shows the property is located within the Roanoke -Wickham -Altavista association (Table 3). The series in the lower concave landscape areas are mapped as a Roanoke loam and Wahee fine sandy loam (Figure 5). Most of the project soils are Roanoke loam (hydric soil) and are nearly level poorly drained soils. Wahee occurs as a fine sandy loam that is occasionally flooded. The Wahee and Wickham soils contain hydric inclusions. Mapped in the higher nearly level to convex landscapes are well drained State and Wickham fine sandy loams and moderately well drained Altavista fine sandy loam. Wickham is a fine sandy loam with 0 to 6 percent slopes, State is a fine sandy loam with 0 to 3 percent slopes, and Altavista is a fine sandy loam 0 to 3 percent slopes. Table 3. NRCS Mapped Soil Series at Site Drainage Seasonal High Farmland Taxonomic Series Class Water Table classification Class Hydric Roanoke loam poorly 0 to 12 Statewide importance Typic Endoaquults Yes Wahee somewhat 6 to 18 Statewide importance Aeric Yes 7% fine sandy loam poorly Endoaquults Altavista fine sandy moderately 18 to 30 Prime farmland Aquic No loam well Hapludults State well 48 to 72 Prime farmland ic No fine sandy loam H pludults Wickham fine well >80 Prime farmland Typic Yes sandy loam Hapludults 10% 3.3 Endangered/Threatened Species Plants and animals with a federal classification of endangered or threatened are protected under provisions of Sections 7 and 9 of the Endangered Species Act of 1973, as amended. The US Fish and Wildlife Service (USFWS) database (accessed 20 April 2017) lists three endangered species for Harnett County, North Carolina: Red -cockaded woodpecker (Picoides borealis), Cape Fear shiner (Notropis mekistocholas), and Blackstar Mitigation Site PROPSECTUS RES Cape Fear 04 Umbrella Bank 5 April 2017 rough -leaved loosestrife (Lysimachia asperulaejolia) (Table 4). The Bald eagle (Haliaeetus leucocephalus) is protected under the Bald and Golden Eagle Protection Act (BGPA) and prohibits take of bald and golden eagles. No protected species or potential habitat for protected species was observed during preliminary site evaluations. In addition to the USFWS database, the most recent (January, 2017) NC Natural Heritage Program (NHP) GIS database was consulted to determine whether previously cataloged occurrences of protected species are mapped within one mile of the Site. Results from NHP indicated that there are no known occurrences within a one -mile radius of the project area. Based on initial site investigations, no impacts to federally protected species are anticipated as a result of the proposed Project. The environmental screening phase of the Project will include USFWS coordination to confirm these findings. Table 4. Federally Protected Species in Harnett County Common Name Scientific name Federal Status Babitat Present Record I Status Vertebrate: Bald eagle Haliaeetus leucoce ha/us BGPA No Current Red -cockaded woodpecker Picoides borealis E No Current Cape Fear shiner I Notro is mekistocholas E No Current Vascular Plante Rough -leaved loosestrife L simachia as erulae olio E No Current E = Endangered; BGPA = Bald and Golden Eagle Protection Act 3.4 Vegetation and Wildlife Current land use around the Site is primarily agricultural, undeveloped land, and single-family homes. Land -use immediately surrounding the project includes pasture supporting livestock. The landscape is old terrace above the Cape Fear River exhibiting linear depressions between higher shallow ridges. A small ditch flows southwesterly through the Site to the Cape Fear River (Site is located about 0.60 miles west of the Cape Fear River). The Site has several additional shallow ditches to improve surface drainage to a ditch along the eastern property boundary and impacts from livestock have increased erosion and down cutting along a Swale that also increases site drainage. Soil investigations shows that much of the low-lying landscape exhibits hydric characteristics and a shallow seasonal high water table. There are two community types present within the project area: pasture and forest. The re-establishment areas are primarily pasture and the enhancement area is both Palustine forested (PFOIC) and Palustrine scrub -shrub (PSSIC) wetland. The proposed re-establishment area on the eastern ditch of the Site is a concave landscape with shallow ditching to drain surface water and has sustained surface churning from livestock. This limits infiltration and both surface and subsurface long-term storage capacity. Within this proposed re-establishment area the pasture is Bermuda (Cynodon) with buttercup (Ranunculus), and the ditched area has common rush (Juncos e, jjusus) with no trees present. Other grasses and weeds are limited. The hydrology at the southern end of the western ditch exhibits disturbance, but seepage is present. Within this proposed re-establishment area, the pasture is Bermuda with buttercup. The low-lying areas and ditches have common rush. The proposed enhancement area is a disturbed forested wetland that appears to currently meet jurisdictional hydrology, but has minor drainage modifications and impacts of livestock. Vegetation is stressed by these impacts. The sparse canopy consists of red maple (Acer rubrum), blackgum (Nyssa sylvatica), sweetgum Blackstar Mitigation Site PROPSECTUS RES Cape Fear 04 Umbrella Bank 6 April 2017 (Liquidambarstyraciflua), cottonwood (Populus deltoides), American elm (Ulmus americana), and swamp chestnut.oak (Quercus michauxii). Herbaceous vegetation includes common rush, sedges (Carex sp.), and lizard's tail (Saururus cernuus). Some exotics were noted, including multiflora rose (Rosa multiflora) and Japanese honeysuckle (Lonicera sempervirens). 3.5 Cultural Resources A review of the North Carolina State Historic Preservation Office (SHPO) GIS Web Service (accessed April 20, 2017) database did not reveal any,listed or potentially eligible historic or archeological resources on the proposed project property. No impacts are anticipated'from project activities as there are no surveyed sites listed in the area. The environmental screening phase of the project will include SHPO coordination to confirm these findings. 3.6 Constraints There are no major constraints to construction of the Site. The Site is readily accessible from Beaver Dam Road. There are no existing mineral rights issues, easements, or utility corridors within the proposed Bank boundaries. One easement break is included towards the southern end of the Site to provide landowner and cattle access. The entire project area lies within a FEMA 100-year floodplain (Figure 6). No grading or earthwork will take place within FEMA- regulated floodways. Blackstar Mitigation Site PROPSECTUS RES Cape Fear 04 Umbrella Bank 7 April 2017 3.7 Site Photographs Looking upstream ditch #1. 04/18/2017 Southern end of ditch #1. 04/18/2017 Existing conditions middle of ditch #1 Existing conditions northern area of ditch #1. 04/18/2017 04/18/2017 �r Northern part of ditch #1. Existing conditions on ditch #2. 04/18/2017 04/18/2017 Blackstar Mitigation Site PROPSECTUS RES Cape Fear 04 Umbrella Bank 8 April 2017 4 PROPOSED BANK CONDITIONS 4.1 Conceptual Mitigation Plan The Site presents the opportunity to provide 16.23 wetland mitigation units. These will be derived from Wetland Re-establishment and Wetland Enhancement. Table 5 details the mitigation types and WMUs generated. The proposed conceptual design plan is shown in Figure 7. Table 5. Proposed Mitigation Summary Mitigation Type Total Acres Ratio WMUs Re-establishment 12.47 1:1 12.4 Enhancement 7.45 2:1 3.73 19.92 - 16.23 4.1.1 Wetland Re-establishment The existing pasture areas on the Site will be treated with Wetland Re-establishment. Re- establishment activities will include the following: • The existing shallow ditches will be backfilled and stabilized; • Areas of cut and fill will be re -graded to create a continuous wetland/slough and bottomland wetland system; and • Areas will be replanted with appropriate tree species and a permanent seedmix. The Wetland Re-establishment areas will be restored to a mixture of Riverine Swamp Forest and Bottomland Hardwood Forest, as described in the NC Wetland Assessment Method (NCWAM) dichotomous key to general NC wetland types. The site is expected to support a mosaic of habitat types including wetter, lower -lying areas more typically associated with Riverine Swamp forest and areas expected to be only intermittently inundated, more typical of Bottomland Hardwood Forests. Riverine Swamp Forest, is characterized by seasonal to semi -permanent inundation. These communities occur in the wettest portions of large river floodplains. Overbank flooding is usually an important source of water, as well as groundwater and overland runoff. Vegetation is usually dominated by bald cypress (Taxodium distichum), black gum, and water tupelo (N. aquatica) in the Coastal Plain ecoregions. Herbaceous cover is typically more open than in Bottomland Hardwood Forests. Bottomland Hardwood Forest, is typically intermittently to seasonally saturated. Overbank flooding can be an important source of water, as can groundwater and surface runoff. This wetland type is characterized by ground surface relief that provides good water storage. This wetland type is dominated by hardwood tree species, including various oaks (Quercus spp.), red maple, ashes (Fraxinus spp.), sycamore (Platanus occidentalis), sweetgum, box elder (Acer negundo), hackberry (Celtis laevigata), and American elm. Blackstar Mitigation Site PROPSECTUS RES Cape Fear 04 Umbrella Bank 9 April 2017 4.1.2 Wetland Enhancement The Wetland Enhancement areas will be treated by removing cattle, planting native vegetation, and enhancing the surface hydrology. 4.1.3 Monitoring Vegetation and hydrology will be monitored across both the re-establishment and enhancement areas of the Site to determine the success of the wetland mitigation. Vegetation survival rates will be monitored using a mixture of fixed and random vegetation plots over approximately two percent of the planted area. Automatic groundwater gauges will be installed across the Site to measure changes to hydrology. Vegetation and hydrology monitoring will be conducted in accordance with the October 2016 USACE Guidance. 4.1.3.1 Reference Ecosystems An appropriate local reference community will be identified and surveyed during the mitigation plan phase. 4.1.3.2 Visual Monitoring Visual monitoring of all mitigation areas will be conducted a minimum of twice per monitoring year by qualified individuals. The visual assessments will include vegetation density, vigor, invasive species, and easement encroachments. Digital images will be taken at fixed representative locations to record each monitoring event, as well as any noted problem areas or areas of concern. Results of visual monitoring will be presented in a plan view exhibit with a brief description of problem areas and digital images. 4.1.3.3 Vegetative Success Criteria , Vegetation monitoring plots will be a minimum of 0.02 acres in size, and cover approximately two percent of the planted area. The following data will be recorded for all trees in the plots: species, height, planting date (or volunteer), and grid location. Monitoring will occur each year during the monitoring period. The interim measures of vegetative success for the site will be the survival of at least 320 planted three-year old trees per acre at the end of Year 3 and 260 five-year old trees per acre at the end of Year 5. The final vegetative success criteria will be the survival of 210 trees per acre with an average height of 10 feet at the end of Year 7 of the monitoring period. Invasive and noxious species will be monitored and controlled so that none become dominant or alter the desired community structure of the site. If necessary, EBX will develop a species -specific control plan. 4.1.3.4 Wetland Hydrology Wetland hydrology will be monitored to document hydric conditions in the wetland re-establishment areas. This will be accomplished with automatic recording pressure transducer gauges installed in representative locations across the re-establishment areas and reference wetland. The gauges will be downloaded quarterly and wetland hydroperiods will be calculated during the growing season. Gauge installation will follow current USACE guidance and success criteria will include specific hydrology standards (i.e. percent of growing season). Visual observations of primary and secondary wetland hydrology indicators will also be recorded during quarterly site visits. Blackstar Mitigation Site PROPSECTUS RES Cape Fear 04 Umbrella Bank 10 April 2017 4.1.3:5 ; ..Adaptive Management The Mitigation Plan. will include a detailed adaptive management plan that will address how, potential problems. are- resolved'. In. the event that the site, or a' :specific component of the site, fails. to achieve *the definedsuccess: criteria, :EBX.- will developnecessary. 11adaptive management plans and/or implement appropriate remedial actions for the.site incoordination with'the IRT; Remedial actions will. be designed to achieve the success criteria specified previously, arid'will-inelude.identifcation, of the causes of failure; remedial design approach; work. schedule; and monitoring criteria, that will. take -into account physical. and climatic., conditions..If tree' .mortality affects 40.p ercent, or . greater' of. the.canopy. in . a wetland rem establishment area, then a:remedial/supplementalplantingplan will be-developed'and implemented for the affected area(s)..: ... . 5.1. . Establishment. and Operation of the Bank This:Bank Parcel shall be established under the. terms and conditions. of the RES :Cape Fear 04 Umbrella Mitigation Banking Instrument ,(UMBI) made and. entered. into. by and: among . Environmental Banc & Exchange, LLC, the U.S. Army Corps of Engineers (USACE),4he U,S. Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (USFWS), the.National Marine Fisheries Services (NMFS); the North Carolina De' artrrient; of Environmental Quality; (NCDEQ);, the North Carolina Division of Water Resources '(NCDWR),' and: the.'North Carolina Wildlife Resources Commission (NCWRC); collectively; the Interagency Review Team: 5.2 Proposed. Credit: Release.Schedule All credit releases ; will be based on the . total credit generated as reported by the as -Built survey. of. 'the Mitigation Site: The pre-construction.credit release (15.perce'nt) will be based on the credit total in the Final Mitigation Plari.:The.second credit release will'be based on -the As -Built survey;:and will .adjust the total released credits based on the actual constructed channel lengths. The -District Engineer. (DE), in consultation with the IRT; .will. determine: if performance- standards . have: been satisfied:: sufficiently to meet the requirements of the release schedule below. Incases. where some performance standards have not been met, credits may still- be'released depending on :the specifics - of the case. At the-, direction of the ; DE; .iri consultation with the.IR-T;.monitoring .may be required to.be extended, depending on the extent -to which the site fails to meet the specified performance. standard. The release of project credits will be subj ectto the criteria described in Table 6. Blackstar Mitigation Site PROPSECTUS RES Cape Fear.04 Umbrella Bank 11 . April 2017 Table 6. Wetland Credit Release Schedule Monitoring Credit Release Activity Interim Total Year Release Released I Site Establishment (includes all required criteria 15% 15% stated above) 2 Baseline Monitoring Report and As -built Survey 15% 30% 3 First year monitoring report demonstrates 10% 40% performance standards are being met. 4 Second year monitoring report demonstrates 10% 50% performance standards are being met. 5 Third year monitoring report demonstrates 10% 60% performance standards are being met. 6* Fourth year monitoring report demonstrates ] 0% 70% performance standards are being met. 7 Fifth year monitoring report demonstrates 10% 80% performance standards are being met. 8* Sixth year monitoring report demonstrates 10% 90% performance standards are being met. Seventh year monitoring report demonstrates 9 performance standards are being met, and project 10% 100% has received close-out approval. *Please note that vegetation plot data may not be required with monitoring reports submitted during these monitoring years unless otherwise stated by the Mitigation Plan or directed by the IRT. 5.2.1 Initial Allocation of Released Credits The initial allocation of released credits, as specified in the mitigation plan can be released by the IRT with written approval of the DE upon satisfactory completion of the following activities: 1. Approval of instrument modification by the DE, in consultation with the IRT; 2. Approval of a final Mitigation Plan; 3. Confirmation that the Bank site has been secured; 4. Delivery of executed financial assurances as specified in the Mitigation Plan; 5. Delivery of a copy of the recorded long-term protection mechanism as described in the Mitigation Plan, as well as a title opinion covering the property acceptable to the DE; and 6. Issuance of any DA permits necessary for construction of the Bank site (if necessary). 5.2.2 Subsequent Credit Releases The second credit release will occur after the completion of implementation of the Mitigation Plan and submittal of the Baseline Monitoring Report and As -built Survey. All subsequent credit releases must be approved by the DE, in consultation with the IRT, based on a determination that required performance standards have been achieved. As projects approach milestones associated with credit release, the Sponsor Blackstar Mitigation Site PROPSECTUS RES Cape Fear 04 Umbrella Bank 12 April 2017 will, submit:arequest for credit release to the DE along with documentation substantiating achievement of criteria required for release to . occur. This .documentation will be included with . the annual monitoring report:. 5.3 . - Financial -Assurances The.Sponsor shall provide financial assurances inahe form.of a Perforniance.Bond to the IRT sufficient to assure completion. of all mitigation work;. -required reporting and. monitoring; and any remedial work required: Financial assurances shall hepayable at the direction of the USACE to his designee or to -a standby trust. Financial assurances structured to provide funds to the USACE in. the event of default by the Bank Sponsor ate not.acceptable.�A.financial.assu'rance must be iiilhei forni that ensures that the USAGE receives notification: at.'least -120 days in advance of any termination or revocation:: - 5A .Proposed Ownership and:Longjerm Management. :. EBX; LLC,; acting .as. the Bank Sponsor, will establish a Conservation. Easement, and will moriitor the Site for a minimum of seven years: The: Mitigation Plan :wiil'provide detailed .information regarding bank operation; including long term management and annual monitoring activities, for review.and approval by the 1RT. Upon approval of the Sites b the IRT; the site will be transferred to along=term land steward (to be. determined. in the Mitigation Plan): The long-term steward' shall, be responsible for periodic inspection ofthe site : to -ensure . that restrictions required in the Conservation :Easement or the deed restriction document(s) :are upheld. Endowment funds required to, uphold easement and deed restrictions shall be negotiated prior to site transfer to the responsible party, = The .Bank .Sponsor will ensure that the Conservation Easement will allow for the implementation of an initial.monitoring phase; which :will be developed during the design phase and conducted _by the Bank Sponsor. The, Conservation -Easement will allow for.yearlymonitoring and; if necessary, maintenance of the Site during the initial monitoring phase. These:activities will be conducted in accordance.with:the terms and conditions of the RES Cape Fear 04 Umbrella Mitigation, Bank made and entered into by EBX; USACE, NCDWR; and .other 1RT agencies.. 5.5 . Assurance of Water Rights Sufficient water rights -exist to support the long-term sustainability of the site, as there are no "severed rights :on the property.: Blackstar Mitigation Site PROPSECTUS RES Cape Fear.04 Umbrella, Bank 13 April 2017 Figures peo•� `yi I -� ..f ll• Ewen Bunnlevel Blackstar.Site ry ® ; e O1 F✓tifOn 0 00160 e�maai c w re"arw, as Legen l OProposed Easement Dam'. 411MO17 FIGURE 1 + Vicinity Map orewney. BPS ��� 0 1,000 2,000 Blackstar Mitigation Site chmked ey: x.... f Faet Harnett County, North Carolina 1 � t � 1 e� 1 / � 1 � Legen v O Proposed Easement FIGURE 2 oam. do Brzon USGS Map Dtawney: BPB res soo t,000 Blackstar Mitigation Site Checkedby �. Feet Harnett County, North Carolina ,e Ah Landowner Authorization Form Site: Blackstar Property Legal Description Deed Book: 707 Page: 534 County: Harnett Parcel ID Number: 120585 0030 Street Address: 2421 BEAVER DAM RD, ERWIN, NC, 28339 Property Owner (please print): Wellons Properties, Inc. Authorized Invitee (please print): Judson Smith The undersigned, authorized invitee (pursuant to the Agreement Regarding Proposed Mitigation Project) of the above property, does hereby authorize Resource Environmental Solutions, the NC Division of Water Resources, and the US Army Corps of Engineers, their employees, agents or assigns to have reasonable access to the above referenced property for the evaluation of the property as a potential stream, wetland, and or riparian buffer restoration project, including conducting stream and or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certification(s). Property Owner Address: P O BOX 1254 DUNN, NC 28334-0000 (if different from above) 1/We hereby certify the above information to be true and accurate to the best of my/our knowledge. -1 i/-LAP /7 (Authorized Invitee Signature) Date NC WAM Wetland Rating Sheet Accompanies'User Manual Version.5.0 Wetland Site Name'. Blackstar- Area 1 Date 04/1.8/2017. Wetland type' • ' Riverine' Swamp.Forest.. Assessor Name/Organization RES Notes on Field Assessment Form (Y/N) NO . Presence of regulatory considerations (Y/N). NO Wetland is intensively managed (Y/N) YES Assessment area is located within 50 feet of a natural tributary or other.open water '(Y/N) . NO Assessment area is substantially altered by beaver (Y/N) . NO. Assessment area experiences overbank flooding during normal rainfall conditions, (Y/N) NO Assessment area is on a coastal island .(Y/N) NO Sub -function Ratirig-Summary Function Sub -function Metrics., Rating Hydrology 'Surface Storage and Retention Condition:.: LOW Sub -Surface Storage'and Retention .. -Condition LOW: Water Quality : Pathogen Change Condition LOW . Condition/Opportunity LOW Opportunity Presence?•(•Y/N) NO .Particulate Change Condition LOW Condition/Opportunity. LOW., Opportunity Presence? (Y/N) NO Soluble Change Condition .. LOW Condition/Opportunity LOW Opportunity Presence? (Y/N) NO Physical Change Condition LOW Condition/Opportunity LOW .. Opportunity Presence? (Y/N) NO Pollution Change Condition NA Condition/Opportunity . NA Opportunity Presence?.(Y/N)- NA Habitat. Physical Structure. -Condition LAW: = Landscape Patch Structure. Condition ` LOW - Vegetation Composition Condition LOW Function.Rating Summary. Function Metrics/Notes Rating Hydrology Condition LOW Water Quality Condition. LOW Condition/Opportunity LOW Opportunity Presence? (Y/N) NO Habitat Condition', LOW Overall Wetland Rating LOW NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland:Site Name. - Blackstar- Area 2 Date 04/18/2017 ..Wetland Type Riverine Swamp.Forest Assessor Name/Organization RES Notes on Field Assessment Form (Y/N) NO, Presence of regulatory considerations (Y/N) NO Wetland is intensively managed (Y/N) YES Assessment area is located within 50 feet of a natural tributary or.other:open water (Y/N) YES: Assessment area is substantially altered by beaver.(Y/N) NO. Assessment area experiences oveibank flooding:during normal rainfall conditions. (Y/N). YES Assessment area is on a coastal" island..(Y/N) ' NO Sub -function Rating Summary: Function' Sub -function Metrics -Rating Hydrology Surface Storage and Retention "Condition • - LOW Sub -Surface Storage and Retention. Condition LOW.: Water Quality .. Pathogen Change Condition LOW Condition/Opportunity ' 'LOW :. . Opportunity Presence? (.Y/N) NO " Particulate Change Condition LOW Condition/Opportunity LOW Opportunity Presence? (Y/N) NO Soluble Change Condition LOW Condition/Opportunity LOW. Opportunity Presence? (Y/N) NO. Physical Change Condition LOW Condition/Opportunity LOW .. Opportunity Presence? .(Y/N) NO' . Pollution Change Condition NA . Condition/Opportunity NA Opportunity Presence? (Y/N) NA. Habitat Physical Structure Condition MEDIUM' Landscape Patch Structure.' Condition LOW Vegetation Composition Condition HIGH Function Rating Summary. Function Metrics/Notes" Rating . Hydrology Condition LOW Water Quality . Condition LOW . Condition/Opportunity LOW. Opportunity Presence? (Y/N) NO Habitat Condition MEDIUM Overall Wetland Rating LOW NC WAM Wetland Rating Sheet Accompanies UserManual Version .5.0 . 1Netland Site Name.. Blackstar- Area 3 . - ' • Date 04/18/2017 Wetland Type,. Riverine Swamp.Forest" . :• '.. Assessor Name/Organization -RES... Notes`on Field Assessment For (Y/N) NO .. " Presence:of regulatory considerations (Y/N)- . .. NO " Wetland is intensively managed (Y/N). :. - .• . .'YES' Assessment• area is located within 50 feet of a "natural tributary or other::open water (Y/N) NO Assessment area is substantially altered by beaver.(Y/N) . NO. Assessment area experiences overbank flooding during normal rainfallconditions (Y/N). NO Assessment area is on a coastal "island.-(Y/N)- Sub -function Rating Summary', ;Function ." :: Sub -function_ Metrics Rating" Hydrology : Surface Storage and Retention Condition . LOW . Sub -Surface Storage and Retention:. Condition, LOW: Water Quality Pathogen Change Condition :: LOW _ Condition/Opportunity LOW Opportunity Presence? (Y/N) NO . . Particulate Change Condition " LOW . Co ndition/Opportunity .LOW. . .:.Opportunity Presence? (Y/ N) NO- ' Soluble Change .: Condition. ;. LOW Condition/Opportunity.. LOW: .. "Opportunity Presence? (Y/N) .. NO. Physical Change Condition ": LOW " Condition/Opportunity LOW .. . . Op portunity Presence? (Y/N) NO .. : Pollution Change. 'Condition NA .. 'Condition/Opportunity . NA _. O pportunitq Presence?•(Y/N): - :NA Habitat.'. Physical Structure ' :Condition LOW: andscape Patch Structure." Condition ' LOW Vegetation Composition Condition LOW Function. Rating Summary Function.: Metrics/Notes Raying' . :. Condition Hydrology" LOW .. Water Quality. Condition • LOW . Condition/opportunity ;' .. LOW.' . Opportunity Presence? (Y/N) NO . Habitat.. Condition LOW.. Overall Wetland Rating LOW