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Home My WebLink About20160225 Ver 2_Revised version 3 BPDP_20180605Bank Parcel Development Package South Fork Nutrient Offset and Buffer Mitigation Bank Parcel Haw River Subwatershed of the Jordan Lake Watershed DWR #2016‐0225v2 June 2018 PREPARED BY: 1430 South Mint Street, Suite 104 Charlotte, NC 28203 Phone: (704) 332‐7754 Fax: (704) 332‐3306 Bank Parcel Development Package South Fork Nutrient Offset and Buffer Mitigation Bank Parcel Haw River Subwatershed of the Jordan Lake Watershed DWR #2016‐0225v2 TABLE OF CONTENTS 1.0 Project Location and Description ...................................................................................................... 1 1.1 Introduction .................................................................................................................................. 1 2.0 Project Area ‐ Existing Conditions ..................................................................................................... 2 2.1 Parcel Features .............................................................................................................................. 2 2.2 Parcel Soils .................................................................................................................................... 3 2.3 Existing Vegetative Communities ................................................................................................. 3 2.4 Threatened and Endangered Species ........................................................................................... 4 2.5 Cultural Resources ........................................................................................................................ 4 3.0 Riparian Restoration, Enhancement and Preservation Plan ............................................................. 4 3.1 Parcel Preparation ........................................................................................................................ 5 3.2 Riparian Area Restoration Activities ............................................................................................. 5 3.3 Riparian Area Enhancement Activities .......................................................................................... 6 3.4 Riparian Area Preservation Activities ............................................................................................ 6 4.0 Monitoring and Maintenance Plan ................................................................................................... 6 4.1 Monitoring Protocol ...................................................................................................................... 6 4.2 Parcel Maintenance ...................................................................................................................... 7 4.3 Easement Boundaries and Fencing ............................................................................................... 7 4.4 Ownership and Long‐Term Management ..................................................................................... 7 5.0 Financial Assurance ........................................................................................................................... 8 6.0 Mitigation Potential .......................................................................................................................... 8 7.0 References ...................................................................................................................................... 10 FIGURES Figure 1 Service Area Map Figure 2 Vicinity Map Figure 3 Site Map Figure 4 Soils Map Figure 5 Buffer Mitigation Credit Determination Map Figure 6 Riparian Zone Map Figure 7 Monitoring Features Map APPENDIX NC Division of Water Resources Site Viability for Buffer Mitigation and Nutrient Offset Letter – August 16, 2017 NC Division of Water Resources On‐Site Determination for Applicability to the Jordan Buffer Rules and Water Quality Standards – August 15, 2017 Historical Aerial Photographs Parcel Photo Log United States Fish and Wildlife Service Letter (USFWS)– July 22, 2016 State Historic Preservation Office (SHPO) – July 1, 2016 EDR Summary Report Figures 3.0 and 3.1 from South Fork Site Stream Mitigation Plan Sheets (Planting Plan) South Fork Mitigation Site HUC 03030002 – BPDP 1 Bank Parcel Development Package South Fork Nutrient Offset and Buffer Mitigation Bank Parcel Jordan Lake Watershed in the Cape Fear River Basin The South Fork Nutrient Offset and Buffer Mitigation Bank Parcel (“Parcel”) is proposed under the terms and conditions of the Cane Creek Nutrient Offset and Buffer Umbrella Mitigation Banking Instrument (UMBI), made and entered into by Wildlands Holdings IV, LLC, acting as Bank Sponsor (Sponsor), and the North Carolina Department of Environmental Quality (NCDEQ), Division of Water Resources (DWR). The Parcel shall be planned and designed according to the UMBI, 15A NCAC 02B .0240, and the Consolidated Buffer Mitigation Rule 15A NCAC 02B.0295 which became effective on November 1, 2015. The BPDP has also been designed in concurrence with the Cane Creek Stream and Wetland Umbrella Mitigation Bank (SAW# 2016‐00219). The Mitigation Plan for the South Fork Stream and Wetland Mitigation Site has been submitted to the Interagency Review Team. The project encompasses land along unnamed tributaries to South Fork Cane Creek in Chatham County, NC. The primary purpose of the Bank is to provide riparian buffer mitigation credits to compensate for unavoidable buffer impacts in the 03030002 Hydrologic Unit Code (HUC) of the Cape Fear River Basin, within the Haw River Sub‐watershed of the Jordan Lake Watershed. The Bank may also provide nutrient offset credits for stormwater requirements with new and existing development requiring nutrient offsets within the Haw River Sub‐watershed of the Jordan Lake Watershed. The bank service area is depicted in Figure 1. 1.0 Project Location and Description 1.1 Introduction This Parcel is being proposed to provide stream and wetland mitigation through the creation of a Stream and Wetland Mitigation Bank Site on unnamed tributaries to South Fork Cane Creek as well as nutrient offset and buffer mitigation through the creation of a Buffer & Nutrient Offset Bank. Riparian restoration activities deemed suitable for riparian buffer mitigation will generate 217,800 ft² riparian buffer mitigation credits. Riparian restoration activities deemed suitable for nutrient offsets on this Parcel could generate 2,249.36 lbs.‐Nitrogen per acre and 143.81 lbs. ‐Phosphorus per acre (with a delivery factor of 71% and 67% respectively) if converted from riparian buffer mitigation credits. For purposes of the South Fork Buffer and Nutrient Offset Bank, the Parcel involves restoring riparian buffers and other riparian areas adjacent to mitigated streams onsite in order to help reduce non‐point source contaminant discharges to downstream waters in the Jordan Lake Watershed within the Cape Fear River Basin. Approximately 18.13 acres will be protected with a permanent conservation easement. Out of the 18.13 acres, 15.30 acres will be mitigated to generate Jordan Lake riparian buffer credit. Out of the 15.30 acres, 5.21 acres qualify for either riparian buffer mitigation credit or nutrient offset credit, but not both. In general, riparian areas that are restored, enhanced or preserved for buffer credits, will be a minimum of 30 feet from the top of stream banks and out to a maximum of 100 feet. Riparian areas that are restored on land currently in agriculture and are proposed to generate nutrient offset credits, will have a minimum width of 50 feet from the top of stream banks and will extend a maximum of 100 feet where available. South Fork Mitigation Site HUC 03030002 – BPDP 2 The NC Division of Water Resources (DWR) performed an onsite Site Viability for Buffer Mitigation and Nutrient Offset on August 9, 2017. The correspondence related to the site visit is attached in the Appendix and dated April 15 and 16, 2017. 1.2 Parcel Location The Cane Creek Umbrella Mitigation Bank Sites are located in Chatham and Alamance County near the Town of Snow Camp, NC. The site described in this bank parcel development plan is the South Fork Bank Parcel (36° 10’ 9.48” N and 78° 55’ 49.44” W) which is located in Chatham County within the Cape Fear River Basin Hydrologic Unit 03030002050050 (Cane Creek) and the North Carolina Division of Water Resources (NCDWR) Subbasin 03‐06‐04 (Figure 2). From Raleigh, take US‐64 West to the exit for NC‐87 N. Continue north on NC‐87 for 1.8 miles and turn left onto Silk Hope Gum Spring Road. Continue on Silk Hope Gum Spring Road for 8.1 miles. Turn right onto Silk Hope‐Lindley Mill Road and continue for 2.9 miles. Turn left onto Moon Lindley Road and continue for 1.3 miles. Turn left onto Johnny Lindley Road and continue for 0.7 miles to 1727 Johnny Lindley Road, Snow Camp, NC (Figure 2). 2.0 Project Area ‐ Existing Conditions 2.1 Parcel Features The project includes restoring riparian areas along four unnamed tributaries to South Fork Cane Creek, as shown on Figure 3 and listed in Table 1. Table 1. Project Features Descriptions – South Fork BPDP Feature Name** Feature ID from DWR Assessments Stream Type Buffer Credit Viable Nutrient Offset Viable SF4A SF Perennial Yes Yes* UT1 UT1 Intermittent Yes Yes UT2 UT2 Intermittent/Perennial Yes Yes UT4 UT4 Perennial Yes Yes* * Nutrient Offset is viable in non‐forested pasture areas only ** No credits are being requested on UT3 and UT5 referenced in DWR correspondence. Subjectivity calls for the features were determined by DWR in correspondence dated August 15, 2017 using the 1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by NRCS. SF4A, UT1 and UT2 were determined to be subject to the Jordan Lake Buffer Protection Rule 15A NCAC 02B .0267. UT4 is not subject to the Jordan Lake Buffer Protection Rules. The results documented in the Site Viability Letter from DWR dated April 16, 2017 indicated that SF4A, UT1, UT2 and UT4 are viable for riparian restoration and suitable for buffer mitigation. SF4A, UT1, UT2, and UT4 are also viable for nutrient offset credits in non‐forested pasture areas. These areas are currently being restored for riparian buffer credit, but may be converted to nutrient offset credit pursuant to 15A NCAC 02B .0295 and the MBI. Written approval must be granted by DWR prior to any conversion and transfer of credits. Photos showing historic site conditions and current site conditions (as of August 2017) of the Parcel are provided in the appendix. Site conditions have not changed since the DWR 2017 viability letter and August 2017 site photos. South Fork Mitigation Site HUC 03030002 – BPDP 3 2.2 Parcel Soils The largely forested watersheds with low rolling topography result in relatively low sediment supply. The bed material in the streams on this site is small to medium gravel and sand that is derived from highly weathered parent material. Soil mapping units are based on the U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Soil Survey for Chatham County. Soil types within the study area were mapped with the NRCS Web Soil Survey and are described below in Table 2. The South Fork project area is dominated by Chewacla loams. This soil frequently floods and is poorly drained, resulting in frequent occurrence of wetlands. The 1937 Soils Survey Map is provided in Figure 4. Table 2: Project Soil Types and Descriptions – South Fork BPDP Soil Name Location Description Chewacla and Weehadkee soils, ChA Mapped along the floodplain of SF4A, UT1, UT2, UT3, UT4, UT5, EC1 and EC2. Chewacla and Wehadkee soils consist of nearly level, very deep, poorly and somewhat poorly drained soils. These are typically floodplain areas. They have a loamy surface layer and subsoil. Permeability is moderate and shrink‐swell potential is low. These soils are subject to frequent flooding. Nanford‐Badin complex, NaB Mapped along the floodplain of UT2. Nanford‐Baldin complex soils are gently sloping to steep uplands. They are moderately deep to deep, well‐ drained soils. The surface layer and subsoil are silt loam. Permeability is moderate and shrink‐swell potential is low to moderate. Nanford‐Badin complex, NaC Mapped along the floodplain of UT1, UT2, UT4, EC1, and EC2. Nanford‐Baldin complex soils are gently sloping to steep uplands. They are moderately deep to deep, well‐ drained soils. The surface layer and subsoil are silt loam. Permeability is moderate and shrink‐swell potential is low to moderate. Cid‐Lignum complex, CmB Mapped at upstream extent of UT2. Cid and Lignum soils series are gently sloping, moderately deep, moderately well‐drained soils. They are often found in uplands. The surface layer and subsoil are silt loam. Permeability is slow and shrink‐ swell potential is moderate. Goldston‐Badin complex, GoC Mapped along right floodplain of UT2. Goldston‐badin soils are found on hillslopes and ridges. They are shallow to moderately‐deep, well‐drained soils. The surface layer and subsoil are silt loam. Permeability is moderate to moderately rapid and shrink‐swell potential is low to moderate. Source: Chatham County Soil Survey, USDA‐NRCS, http://efotg.nrcs.usda.gov 2.3 Existing Vegetative Communities The cattle pastures on the site are dominated by fescue grasses (Festuca spp.) and broomsedge (Andropogon virginicus). Much of the riparian areas on the site are wooded; however, cattle have access to all of the streams except the downstream portion of SF4A, as noted in the DWR Site Viability letter. Vegetation in the wooded areas is primarily hardwood species including white oak (Quercus alba), red oak (Quercus rubra), willow oak (Quercus phellos), tulip poplar (Liriodendron tulipifera), sweetgum (Liquidambar styraciflua), red maple (Acer rubrum), southern red oak (Quercus falcata), and American elm (Ulmus americana). Vegetation within the riparian areas along the right bank of SF4A, as noted in South Fork Mitigation Site HUC 03030002 – BPDP 4 the DWR Site Viability letter, lack a healthy diverse understory and therefore require supplemental plantings to be viable for generating buffer credits. 2.4 Threatened and Endangered Species Wildlands utilized the US Fish and Wildlife Service (USFWS) and NC Natural Heritage Program (NHP) databases to search for federally listed threatened and endangered plant and animal species in Chatham County, NC. Two animal and one plant species identified as threatened or endangered are currently listed in Chatham County (Table 3). Table 3: Listed Threatened and Endangered Species in Durham County, NC – South Fork BPDP Species Federal Status Common Name Scientific Name Red‐cockaded woodpecker Picoides borealis Endangered Cape Fear shiner Notropis mekistocholas Endangered Harperella Ptilimnium nodosum Endangered A letter was sent to the USFWS on April 1, 2016, requesting a review of the project and comment on potential effects on endangered species or other resources. The USFWS responded on July 22, 2016, and stated the “proposed action is not likely to adversely affect any federally listed endangered or threatened species, their formally designated critical habitat or species currently proposed for listing under the Act...” USFWS also stated a concern for potential sediment loss during the stream and wetland mitigation construction period. These concerns are addressed in Section 3.0 below. All correspondence with USFWS is included in Appendix 5. A pedestrian survey of the project area was performed on November 7, 2016. No suitable habitat and/or individually federally listed species were identified in the project area. 2.5 Cultural Resources The site is not located near any sites listed on the National Register with the State Historic Preservation Office (SHPO). A letter was sent to the SHPO on April 1, 2016, requesting a review of the project and comment on potential effects on archeological and cultural resources. SHPO responded on July 1, 2016 stating that they are not aware of any historic resources that would be affected by the project. 2.6 Environmental Issues An EDR Radius Map Report with Geocheck was ordered for the Parcel through Environmental Data Resources, Inc. on April 7, 2016. The target property and the adjacent properties are not listed in any of the Federal, State, or Tribal environmental databases searched by EDR. There were no known or potential hazardous waste sites identified within one mile of the Parcel. The Executive Summary of the EDR report is included in the Appendix. 3.0 Riparian Restoration, Enhancement and Preservation Plan Developing the Parcel for mitigation will require converting existing agriculture land use practices adjacent to streams into riparian forest. The mitigated riparian areas, which includes the 50‐foot‐wide Jordan Lake riparian buffers, will involve replanting appropriate native tree species along the project corridors. Vegetation management and herbicide applications may be needed during the first year of tree establishment in the restoration areas to prevent establishment of invasive species that could out South Fork Mitigation Site HUC 03030002 – BPDP 5 compete the planted native species. More detailed descriptions of the proposed restoration activity follow in Sections 3.1 ‐3.4 and are shown on Figure 5. This site is also being proposed as a stream and wetland mitigation bank; therefore, restoration of riparian areas will be accomplished through the goals and methods outlined by the Cane Creek Umbrella Mitigation Banking Instrument – South Fork Stream Mitigation Plan (USACE # 2016‐00219) and the South Fork Riparian Buffer & Nutrient Offset Mitigation Banking Instrument. All applicable federal, state, and local documentation, permits, and/or authorizations will be acquired as part of implementing the above‐mentioned mitigation plan and will be provided to DWR as part of the As Built Report including Section 401, Section 404 and Sediment and Erosion Control permits. All riparian restoration activities will commence in concurrence with the stream mitigation activities and not before. Therefore, the mitigation area where riparian restoration is being performed may be altered slightly depending on the implementation of the South Fork Stream Mitigation Plan for the Cane Creek Umbrella Mitigation Bank. 3.1 Parcel Preparation The current land uses adjacent to the streams proposed for buffer restoration are primarily non‐ forested crops. Areas slated for buffer restoration will require site preparation that will include select herbicide treatments or limited mechanical clearing to remove undesirable underbrush or invasive species. Diffuse flow will be maintained in the buffers. 3.2 Riparian Area Restoration Activities The revegetation plan for the entire buffer restoration area will include permanent seeding, planting bare root trees, live stakes, and herbaceous plugs and controlling invasive species growth. The specific species composition to be planted was selected based on the community type, observation of occurrence of species in riparian buffers adjacent to the Site, and best professional judgement on species establishment and anticipated Site conditions in the early years following project implementation. Species chosen for the planting plan are listed on Sheet 2.0 of the preliminary stream mitigation design plans located in the Appendix and in Table 4. The plans also contain information on planting zones on Sheets 2.1. Table 4: Selected Tree Species Appropriate for Buffer Restoration – South Fork BPDP Species Common Name Ulmus americana American Elm Celtis occidentalis Hackberry Quercus pagoda Cherrybark Oak Liriodendron tulipifera Tulip Poplar Quercus phellos Willow Oak Plantus occidentalis Sycamore Betula nigra River Birch Quercus michauxii Swamp Chestnut Oak Fraxinus pennsylvanica Green Ash South Fork Mitigation Site HUC 03030002 – BPDP 6 Trees will be planted at a density sufficient to meet the performance standards outlined in the Rule 15A NCAC 02B .0295 of 260 trees per acre at the end of five years. No one tree species will be greater than 50% of the established stems. An appropriate seed mix will also be applied to provide temporary ground cover for soil stabilization and reduction of sediment loss during rain events in areas disturbed by stream construction, as necessary. This will be followed by an appropriate permanent seed mixture. 3.3 Riparian Area Enhancement Activities The revegetation plan for the buffer enhancement areas under NCAC 02B .0295(n) will include planting supplemental bare root trees and controlling invasive species growth. The tree species to be planted are listed in Table 4. For buffer enhancement areas under NCAC 02B .0295(o), cattle exclusion, planting isn’t anticipated to be needed except where required in the stream mitigation plan. A seed mix will be applied where cattle have caused bare soils and removed all vegetation and cattle will be fenced out of the easement area. The proposed fencing boundary is shown on Figure 5. 3.4 Riparian Area Preservation Activities There will be no parcel preparation work done in the buffer preservation areas, as allowed under 15A NCAC 02B .0295(o). The preservation area will be protected in perpetuity under a conservation easement. Site preparation and planting on the restoration and enhancement areas is scheduled to begin in January 2019. 4.0 Monitoring and Maintenance Plan 4.1 Monitoring Protocol Permanent vegetation monitoring plots will be installed and evaluated within the buffer restoration and/or nutrient offset areas to measure the survival of the planted trees. There may be additional plots within the riparian buffer that are measuring the success of the riparian areas as part of the stream and wetland mitigation bank, but only the plots measuring the success of the riparian buffer credit will be provided in the monitoring reports. The plots will be randomly placed throughout the planted riparian areas and will be representative of the entire top of bank back one‐hundred feet, more or less. A total of 5 plots will be established within the buffer restoration credit generation area (Figure 7). The number of monitoring quadrants required is based on the USACE Wilmington District monitoring guidance documents. The size of individual quadrants will be 100 square meters for woody tree species. Vegetation assessments will be conducted following the Carolina Vegetation Survey (CVS) Level 2 Protocol for Recording Vegetation (2008). A reference photo will be taken from the southwestern corner of each of the 5 plots. Photos will be taken from all photo points each monitoring year and provided in the annual reports. All planted stems will be marked with flagging tape and recorded. Planting is scheduled for January 2019. The first annual monitoring activities will commence at the end of the first growing season, at least five months after planting has been completed and no earlier than the fall season. Species composition, height, and survival rates will be evaluated on an annual basis by plot. The total number of volunteer woody stems will also be documented and reported. The measures of vegetative success for the Parcel will be the survival of at least 4 native hardwood tree species, where no one species is greater than 50% of the established stems, established at a density of at least 260 South Fork Mitigation Site HUC 03030002 – BPDP 7 planted trees per acre at the end of Year 5. Appropriate native volunteer species may be included to meet the performance standards with DWR approval. A visual assessment of the cattle exclusion and preservation areas within the conservation easement will also be performed each year to confirm:  Fencing is in good condition throughout the site;  no cattle access within the conservation easement area;  no encroachment has occurred;  diffuse flow is being maintained in the conservations easement area; and  there has not been any cutting, clearing, filling, grading, or similar activities that would negatively affect the functioning of the buffer. Any issues identified during the visual assessment of the cattle exclusion and preservation areas will be photographed and mapped as part of the annual monitoring report with remedial efforts proposed or documented. The Sponsor shall submit the annual monitoring report to DWR by December 31st of each year for five consecutive years and will follow the terms and conditions of the MBI. 4.2 Parcel Maintenance Adaptive measures will be developed, or appropriate remedial actions will be implemented in the event that the Parcel or a specific component of the Parcel fails to achieve the success criteria outlined in Section 4.1. Site maintenance will be performed to correct any identified problems on the Parcel that have a high likelihood of affecting project success. Such items include, but are not limited to, excess tree mortality caused by fire, flooding, drought, or insects. Any actions implemented will be designed to achieve the success criteria and will include a work schedule and updated monitoring criteria. Any parcel maintenance performed will be included in the monitoring report for that year. A rigorous herbicide schedule will need to be implemented in the first few years of tree establishment in the restoration areas to prevent establishment of invasive species that may attempt to out‐compete the planted native vegetation. The only herbicides used on the Parcel will be aquatic approved herbicides that will be applied in accordance with North Carolina Department of Agriculture rules and regulations. The easement boundary will be checked annually as part of monitoring activities and the conditions as well as any maintenance performed will be reported in the annual monitoring reports to NC DWR. If mowing is deemed necessary by the Sponsor during the monitoring period, the Sponsor must receive approval by the DWR prior to any mowing activities within Zone 1 and Zone 2 of the Jordan Lake buffers to ensure that no buffer violations have occurred. 4.3 Easement Boundaries and Fencing Easement boundaries will be identified in the field to ensure clear distinction between the Parcel and adjacent properties. Boundaries may be identified by fence, marker, bollard, post, tree‐blazing, or other means as allowed by site conditions and/or conservation easement. Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced on an as needed basis. Contact information for the long‐term steward will be provided on boundary markers throughout the site. 4.4 Ownership and Long‐Term Management The Site will remain in private ownership, protected in its entirety, and managed under the terms detailed in the conservation easement. Unique Places to Save (UP2Save) will serve as the Grantee and long‐term manager and will be the party responsible for long‐term management. South Fork Mitigation Site HUC 03030002 – BPDP 8 UP2Save is a 501c3 non‐profit organization that is committed to land conservation through sustainable planning and management. UP2Save has the ability, both logistically and financially, to monitor and enforce the provisions of the conservation easement and long‐term management plan. The organization operates in a sustainable manner to facilitate operations well into the future. UP2Save has been approved to serve as the easement holder and long‐term manager on several mitigation banks in North Carolina. 5.0 Financial Assurance Following approval of the South Fork BPDP, the Sponsor shall provide a Performance Bond from a surety that is rated no less than an “A‐“ as rated by A.M. Best. The Performance Bond amount shall be 100% of the estimated cost for implementation of the project as described in the BPDP, but not less than $150,000.00. In lieu of posting the performance bond, the Sponsor may elect to construct the project prior to the first credit release. In that case no performance bond will be necessary. After completion of the restoration/construction, a separate Performance/Maintenance Bond will be secured for 100% of the estimated cost to implement the monitoring and maintenance plan but not less than $100,000.00. The Performance/Maintenance Bond shall apply at the inception of the monitoring period for a term of one year, to be extended annually for a minimum of five years. Upon DWR approval, this may be lowered each year based on the adjusted cost to complete the monitoring. Performance bonds for monitoring shall be renewed to cover the next years monitoring period, with confirmation of renewal provided to DWR with each annual monitoring report when applicable. DWR reserves the right to alter the credit release schedule if monitoring reports are submitted without proof of bond renewals when applicable. Financial assurances provided in this section must be separate from the financial assurances provided as part of the Stream and Wetland Mitigation Bank. 6.0 Mitigation Potential Approximately 18.13 acres will be protected with a permanent conservation easement. Out of the 18.13 acres, a total of 15.30 acres of riparian areas will be mitigated to generate Jordan Lake riparian buffer credit or nutrient offset credit. Out of those 15.30 acres, 5.48 acres will be restored, 8.84 acres will be enhanced by permanently excluding livestock and stabilizing soils, 0.52 acres will be enhanced through supplemental plantings, and 0.46 acres will be preserved (Figure 5). Of the 5.48 acres that are restored, 5.21 acres are suitable for either buffer credit or nutrient offset credit. The 5.21 acres of restoration will be at least a minimum of 50 feet from the top of stream bank and are in agriculture (Figure 5). Riparian zones are depicted in Figure 6. The Sponsor will maintain up to four (4) credit ledgers. One to account for buffer preservation and enhancement (via cattle exclusion) credits, one to account for buffer restoration and enhancement credits (under Rule 15 NCAC 2B .0295(n)) , one to account for Nitrogen nutrient offset credits, and one to account for Phosphorus nutrient offset credits. All buffer ledgers will report credits in both square feet and acres and nutrient offsets in both pounds and acres. Nutrient offset ledgers must also show both generated credits and delivered credits. Overall credit generation by drainage feature is detailed in Table 5. The total credit generation is summarized in Tables 6a and 6b and visually represented in Figure 5. The Sponsor must request and receive approval from DWR prior to any credit conversions and transfers to the credit ledgers. With each conversion and transfer request submitted to the DWR, the Sponsor will provide all updated credit ledgers showing all transactions that have occurred up to the date of the request. Buffer preservation and enhancement credits (via cattle exclusion) from this Bank cannot be converted into Nutrient offset credits. The credit release schedule is shown in Table 7. South Fork Mitigation Site HUC 03030002 – BPDP 9 Table 5. Mitigation Activities by Drainage Feature – South Fork BPDP Feature Name DWR Feature Reference Riparian Restoration (Acre) Top of Bank ‐100’ Riparian Enhancement Cattle Exclusion (Acre) Top of Bank – 100’ Riparian Enhancement (Acre) Top of Bank – 100’ Riparian Preservation (Acre) Top of Bank – 100’ % Total Area SF4A SF 2.73 6.1 0.52 0.46 64.1% UT1 UT1 0.38 0.78 00 7.8% UT2 UT2 2.37 0 00 15.4% UT4 UT4 0 1.96 00 12.7% Total acreage mitigated 5.48 8.84 0.52 0.46 15.40 % Total Area 35.8% 57.8% 3.4%3.0%100% Table 6a: Riparian Buffer Credit Generation Summary – South Fork BPDP Mitigation Type* Feature ID Riparian Widths** Credit Type Total Acreage Credit Ratio % of Full Credit Credited Acreage* Mitigation Credits Restoration SF4A, UT1, & UT2 Zone A: Top of Bank – a minimum of 30’ (but <50’) Riparian Buffer 0.27 1:1 100% 0.27 11,761.20 ft² Enhancement – Cattle Exclusion SF4A, UT1, & UT4 Zone A: Top of Bank – 50’ Riparian Buffer 7.39 2:1 100% 3.70 161,172.00 ft² Zone B: 51‐100’ Riparian Buffer 1.45 2:1 100% 0.73 31,798.80 ft² Enhancement SF4A Zone A: Top of Bank – 50’ Riparian Buffer 0.40 2:1 100% 0.20 8,712 ft² Zone B: 51‐100’ Riparian Buffer 0.12 2:1 100% 0.06 2,613.60 ft² Preservation SF4A Zone A: Top of Bank – 50’ Riparian Buffer 0.32 10:1 100% 0.03 1,306.80 ft² Zone B: 51‐100’ Riparian Buffer 0.14 10:1 100% 0.01 435.60 ft² Total Riparian Buffer Restoration Credits 11,761.20 ft² Total Riparian Buffer Enhancement – Cattle Exclusion Credits 192,970.80 ft² Total Riparian Buffer Enhancement Credits 11,325.60 ft² Total Riparian Buffer Preservation Credits 1742.40 ft² Total Riparian Buffer Credits 217,800 ft² *The area of preservation credit within a buffer mitigation site shall comprise of no more than 25% of the total area of buffer mitigation per 15A NCAC 0295 (o)(5). South Fork Mitigation Site HUC 03030002 – BPDP 10 Table 6b. Nutrient Offset Credit Generation Summary** Riparian Width from TOB Credit Type Mitigation Type Total Acreage Generated Credits per Acre Generated Credits Delivery Factor Delivered Credits Zone A: Top of Bank – 50’ Nitrogen Riparian Restoration 3.53 2,249.36 lbs. 7,940.24 lbs. 71% 5,637.57 lbs. Zone B: 51‐100’ 1.68 3778.92 lbs. 2,683.03 lbs. Zone A: Top of Bank – 50’ Phosphorus 3.53 143.81 lbs. 507.65 lbs. 67% 340.13 lbs. Zone B: 51‐100’ 1.68 241.60lbs 161.87 lbs. Total Nitrogen Credits 8,320.60 lbs. Total Phosphorus Credits 502 lbs. Table 7 ‐ Credit Release Schedule – South Fork BPDP Task Project Milestone % Credit Available for Sale 1 Instrument and BPDP Approved by DWR, Conservation Easement Recorded and Financial Assurance Posted 20 2 Mitigation Site Earthwork, Planting and Installation of Monitoring Devices Completed 20 3 Monitoring Financial Assurance Posted and Approval of As‐Built Report 10 4 Monitoring Report #1: Approved by the DWR & financial assurance renewed 10 5 Monitoring Report #2: Approved by the DWR & financial assurance renewed 10 6 Monitoring Report #3: Approved by the DWR & financial assurance renewed 10 7 Item B(1) of Section X in this Instrument has been completed and approved by DWR 5 No remaining credits will be released until the conservation easement has been assigned to an approved land trust or stewardship 8 Monitoring Report #4: Approved by the DWR & financial assurance renewed 5 9 Monitoring Report #5: Approved by the DWR and final site visit by DWR has been conducted 10 Total 100% 7.0 References USDA, Soil Conservation Service, 1937. Soil Survey of Chatham County. USDA, Soil Conservation Service, 2015. Soil Survey of Chatham County. &/'hZ^ ^_ 03030002 Haw River Arm Upper New Hope Lower New Hope ¹ County Boundaries HUC 03030002 Jordan Lake Sub-Watersheds Service Area - Riparian Buffer and Nutrient Offset Credits ^_South Fork Mitigation Bank Parcel Location Figure 1 Service Area MapSouth Fork Mitigation Bank ParcelBank Parcel Development PackageCape Fear River Bain 03030002 Chatham County, NC 0 105 Miles ^_ South Fork Bank Parcel Location Chatham County, NC Figure 2 Vicinity MapSouth Fork Mitigation Bank ParcelBank Parcel Development PackageCape Fear River Basin 03030002¹0 0.750.375 Miles SF 4 A UT2UT4UT1U T 3 UT5 SF4 ASF4A Chatham County, NC 0 350175 Feet ¹ Chatham County Parcels Conservation Easement (18.13 ac) Project Streams Topographic Contours 5' Figure 3 Site MapSouth Fork Mitigation Bank ParcelBank Parcel Development PlanCape Fear River Basin 03030002 2013/2014 Aerial Photography Chatham County, NC 0 750375 Feet ¹ Soil Survey of Chatham County, NC - 1937 Figure 4 Soils MapSouth FOrk Mitigation Bank ParcelBank Parcel Development PlanCape Fear River Basin 03030002 Conservation Easement (18.13 ac) 30' Internal Easement Crossing SF 4 A UT2UT4UT1U T 3 UT5 SF4 ASF4A Chatham County, NC 0 350175 Feet ¹ Chatham County Parcels Conservation Easement (18.13 ac) Stream Mitigation (1.85 ac) Buffer Restoration (0.27 ac) (min of 30' - <50') Buffer Restoration/Nutrient Offset (5.21 ac) Cattle Exclusion (8.84 ac) Buffer Enhancement (0.52 ac) Buffer Preservation (0.46 ac) No Credit (0.98 ac) [ [Proposed Fencing Figure 5 Buffer Credit Determination MapSouth Fork Mitigation Bank ParcelBank Parcel Development PlanCape Fear River Basin 03030002 2013/2014 Aerial Photography SF 4 A UT2UT4UT1U T 3 UT5 SF4 ASF4A Chatham County, NC 0 350175 Feet ¹ Chatham County Parcels Conservation Easement (18.13 ac) Stream Mitigation (1.85 ac) 30' Buffer Width 50' Buffer Width 100' Buffer Width Figure 6 Riparian Buffer Zones MapSouth Fork Mitigation Bank ParcelBank Parcel Development PlanCape Fear River Basin 03030002 2013/2014 Aerial Photography 30' Internal Easement Crossing 35'80' 30' 50' 50' 50' 35' 50' SF 4 A UT2UT4UT1U T 3 UT5 SF4ASF4AChatham County, NC 0 350175 Feet ¹ Chatham County Parcels Conservation Easement (18.13 ac) Stream Mitigation (1.85 ac) Buffer Restoration (5.48 ac) Cattle Exclusion (8.84 ac) Buffer Enhancement (0.52 ac) Buffer Preservation (0.46 ac) No Credit (0.98 ac) Proposed Vegetation Plots [ [Proposed Fencing Figure 7 Monitoring Features MapSouth Fork Mitigation Bank ParcelBank Parcel Development PlanCape Fear River Basin 03030002 2013/2014 Aerial Photography WWE/y Water Resources ENVIRONMENTAL QUALITY August 16, 2017 Andrea Eckardt Wildlands Engineering, Inc. 1430 S. Mint Street Charlotte, NC 28210 (via electronic mail: aeckardt@wildlandseng.com) ROY COOPER Gn1'err,„ MICHAEL S. REGAN S"", , "'711 S. JAY ZIMMERMAN Re: Site Viability for Buffer Mitigation & Nutrient Offset — South Fork Mitigation Site Near 1402 Johnny Lindley Road, Pittsboro, NC Chatham County Dear Ms. Eckardt, On May 25, 2017, Katie Merritt, with the Division of Water Resources (DWR), received a request from Wildlands Engineering Inc. (WEI) for a site visit near the above -referenced site in the Haw River Subwatershed of Jordan Lake. The site visit was to determine the potential for riparian buffer mitigation and nutrient offset. On August 9, 2017, Ms. Merritt performed a site assessment of the subject site, which is more accurately shown in the attached map labeled "South Fork Site Map". This site is also being proposed as a stream restoration site by WEI. Ms. Merritt's evaluation of the features and their associated mitigation determination for the riparian areas are provided in the table below. The evaluation was made from Top of Bank (TOB) out to 200' from each existing feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240. Feature Classification 'Subied Riparian Land uses of Buffer 2Nutrient Mitigation Type Determination w/in riparian Feature onsite 0-200' areas ID to Buffer Credit Viable Offset Viable Rule at 2,249.36 lbs -N acre UT -1 Stream Yes Mix of forested & non- Yes Yes (non- Non -forested pasture — Restoration site per 15A forested Pasture grazed forested NCAC 026 .0295 (n) by cattle pasture only) Forested pasture - Enhancement Site per 15A NCAC 02B .0295 (o)(6) UT -2 Stream Yes Open pasture grazed by Yes Yes Restoration site per 15A NCAC 02B .0295 (n) cattle UT -3 Not Not N/A N/A N/A Feature unsafe to access. Can be evaluated if evaluated evaluated needed after cattle -exclusion fencing is installed. EC -1 Not present N/A N/A N/A N/A N/A onsite State of North Carolina � Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 807 6300 I � South Fork Mitigation Site Wildlands Engineering, Inc. August 16, 2017 Feature Classification 'Subiect Riparian Land uses of Buffer ZNutrient Mitigation Type Determination w/in riparian Feature onsite areas ID to Buffer Credit Offset Viable Rule at 2,249.36 0-200' Viable lbs -N acre UT -4 Stream No Mix of forested & non- Yes Yes (non- Non -forested pasture — Restoration site per 15A forested Pasture grazed forested NCAC 02B.0295 (o)(3) by cattle pasture only) Forested pasture - Enhancement Site per 15A NCAC 02B.0295 (o)(6) SF Stream Yes Mix of forested & non- Yes Yes (non- Non -forested pasture — Restoration site per 15A forested Pasture grazed forested NCAC 02B.0295 (n) by cattle pasture only) Forested pasture - Enhancement Site per 15A NCAC 02B.0295 (o)(6) SF Stream Yes Left Bank - Mature Yes Yes (in crop Left Bank— Preservation Site per 15A NCAC 02B (below natural forest field only) .0295 (o)(5) crossing — see Right Bank —full Right Bank (inside treeline) — Enhancement Site map) canopy, no understory per 15A NCAC 02B .0295 (n); needs understory of shrubs or trees, enhancement with some shrubs added dense layer of microstegium; row crop Crop Field - Restoration site per 15A NCAC 02B field adjacent to tree .0295 (n) line UT -5 Ephemeral No Left Bank - full canopy Yes (left No Left Bank— Enhancement Site per 15A NCAC /EC2 channel (not with no understory of bank 02B .0295 (o)(7); needs understory present shrubs or trees, dense only) enhancement with some shrubs added. Channel outside layer of microstegium disappears before the treeline; of tree line) Right Bank — mature Must meet all requirements under.0295 (o)(7) natural forest to be viable for buffer mitigation. Right Bank— not viable `Subjectivity calls for the features were determined by DWR in correspondence dated August 15, 2017 using the 1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS. 2 NC Division of Water Resources - Methodology and Calculations for determining Nitrogen Reductions associated with Riparian Buffer Establishment. Phosphorus may be calculated separately. Maps that are attached to this letter were provided by WEI and were initialed by Ms. Merritt on August 15, 2017. This letter should be provided in all stream, wetland, buffer and/or nutrient offset mitigation plans for this Site. This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written approval prior to conducting any mitigation activities in riparian areas and/or surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient load -reducing measure for nutrient offset credit shall be submitted to DAR for approval prior to any mitigation activities in riparian areas and/or surface waters. I'Girse 213 South Fork Mitigation Site Wildlands Engineering, Inc. August 16, 2017 All vegetative plantings, performance criteria and other mitigation requirements for riparian restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being viable for nutrient offset credit above, one could propose a different measure, along with supporting calculations and sufficient detail to support estimates of load reduction, for review by the DWR to determine viability for nutrient offset in accordance with 15A NCAC 02B .0240. This viability assessment will expire on August 16, 2019 or upon the submittal of an As -Built Report to the DWR, whichever comes first. Please contact Katie Merritt at (919)-807-6371 if you have any questions regarding this correspondence. KAH/lin Attachments: South Fork Site Map, USGS Topo cc: File Copy (Katie Merritt) Sincerely, ChJ�CJY v Karen Higgins, Supervi 401 and Buffer Permitting ranch Page 313 Project Parcel L -_--- Proposed Easement Area Topographic Contours 10' ala Project Streams ......... Ephemeral Intermittent Perennial r 6 . 1 - �! air ' �,t ,� y 1::t�•r `T 2014 Aerial rt;'' fe, //4L� �. i�srwr� ktrWILDLANDS w E N G I N E E R I N G fL i� r � , 1 ri • . ��1��r' 0 250 500 Feet I I I I I Vp 4 1115 /1" Figure 3 South Fork Site Map Cane Creek Mitigation Bank Cape Fear River Basin 03030002 Chatham County, NC 1 !Project Parcel ;Proposed Easement Area # � � 1 s•i� ,. r s ea•� ,: c ice. ,I. ArN ' ♦� i` ♦ I ..... � , 1 1 '1 I *. 1974 USGS UST o 7.5 Minute -Crutch S s, NC wW I L D L A N D S 0 250 500 Feet E N G I N E E R I N G I I 1 Figure 1 South Fork - USGS Topo Map Cane Creek Mitigation Bank Cape Fear River Basin 03030002 Chatham County, NC - .,; �` kms• ,tF, � ..'� Project Parcel...- L L Proposed Easement Area Topographic i Project Streams Y �. ......... Ephemeral < ''fir--•._. Intermittent Perennial 06 ® ChA - Chewacla and Wehadkee soils, 0-2%14 VA CmB - Cld-Lignum complex, 2-6% GoC - Goldston-Badin complex, 2-15%: NaB - Nanford-Badin complex, 2-6% NaC - Nanford-Badin complex, 6-10% , a 2014 Henal Kn . tr f r ,-.r; �- i ..+'J 4 Figure 2 South Fork Soils Map W1 LD LA N D S 0 250 500 Feet Cane Creek Mitigation Bank ENGINEERING I I Cape Fear River Basin 03030002 Chatham County, NC Water Resources ENVIRONMENTAL QUALITY August 15, 2017 James Lindley 1727 Johnny Lindley Rd Snow Camp, NC 27349 ROY COOPER Governor MICHAEL S. REGAN secaetm,; S. JAY ZIMMERMAN Director DWR Project #17-0658 v.2 Chatham County Subject: On -Site Determination for Applicability to the Jordan Buffer Rules and Water Quality Standards (ISA NCAC 02B .0267) Subject Property/ Project Name: South Fork Mitigation Bank Site Address/Location: 1727 Johnny Lindley Rd, Snow Camp, NC Stream(s) Evaluated: UTs to South Fork Cane Creek Determination Date: August 9, 2017 Staff: Niki Maher Determination Type: Buffer: ❑ Neuse (15A NCAC 02B.0233) ❑ Tar -Pamlico (15A NCAC 02B.0259) ❑ Catawba (15A NCAC 02B.0243) ® Jordan (15A NCAC 02B.0267) (governmental and/or interjurisdictional projects) ❑ Randleman (15A NCAC 02B.0250) ❑ Goose Creek (15A NCAC 02B.0605-.0608) Stream: ® Ephemeral/Intermittent/Perennial Determination (where local buffer ordinances apply) State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 807 6300 James Lindley Jordan Buffer/Stream Determination DWR Project #17-0658 v.2 Page 2 of 3 Feature ID1 FSoil Type2 Not Subject Subject Start@ Stop@ LISGS Survey Toppo Easement/ "SF" P ✓ Easement property V/ V/ boundary boundary Eproperty/ UT 1 At least I ✓ Confluence V/ ✓ boundary w/ "SF" UT 2- ✓ Easement Upstream I (Not depicted) boundary See ma p UT 2 - P ✓ (See map) Confluence Downstream (Not depicted) w/ "SF" ✓ UT 33 3 3 3 (Not depicted) UT 4 P ✓ Easement Confluence (Not depicted) boundary w/ "SF" UT 5 / EC 2 E ✓ See map Confluence (Not depicted) w/ "SF" EC 1 Swale ✓ Easement Confluence ✓ (Not present) boundary I w/ "SF" 1 See maps provided with letter showing labeled features z Ephemeral (E), Intermittent (1), Perennial (P) 3 Feature could not be accessed safely to evaluate during site visit. The Division of Water Resources has determined that two of the streams listed above have been located on the most recently published NRCS Soil Survey of Chatham County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale and were evaluated for applicability to the Jordan Riparian Buffer Rule. Maps are provided with this letter and were initialed by Niki Maher on August 10, 2017. Each feature that is checked "Not Subject" has been determined to not be at least intermittent or not present on the property or not depicted on the required maps. Streams that are checked "Subject" have been located on the property and possess characteristics that qualify them to be at least intermittent streams. There may be other streams or features located on the property that do not appear on the maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty (60) calendar days of the date of this letter to the Director in writing. If sending via US Postal Service: c/o Karen Higgins DWR — 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (UPS, FedEx, etc.): clo Karen Higgins DWR — 401 & Buffer Permitting Branch 512 N. Salisbury Street Raleigh, NC 27604 James Lindley Jordan Buffer/Stream Determination DWR Project #17-0658 v.2 Page 3 of 3 This determination is final and binding as detailed above, unless an appeal is requested within sixty (60) days. This determination only addresses the applicability to the buffer rules and does not approve any activity within the buffers. The project may require a Section 404/401 Permit for the proposed activity. Any inquiries regarding applicability to the Clean Water Act should be directed to the US Army Corps of Engineers Raleigh Regulatory Field Office at (919)-554-4884. If you have questions regarding this determination, please feel free to contact Niki Maher at (919) 807-6367. Sincerely, are Higgins, Supervisor 401 & Buffer Permitting Branch Attachments: USGS Topographic Map, Chatham County Soil Survey Map, and James Lindley South Fork Determination Aerial cc: Andrea Eckardt, Wildlands Engineering Inc, via email: aeckardtCcDwildlandseng.com 401 & Buffer Permitting Branch file RRO DWR file Filename: 20170658v.2JamesLindley_SForkMitBank JORDAN StreamDet.docx 1 ! Project Parcel r : : Proposed Easement Area t f 'J r 40 ant r r ,A •tl � 1 � N �F �40 •t ki loph 1974.USGS U3 Pfp o 7.5:rhinute,,-.£iurchliOFd Crossroads, NC d R Figure 1 South Fork - USGS Topo Map W I L D L A IV L7 0 250 500 Feet Cane Creek Mitigation Bank E FV G N E E R I N G G l i k k I 14 Cape Fear River Basin 03030002 Sv�at�ham County, NC �� Figure 4 South Fork Soils Map W I L D L A N D S 0 375 750 Feet Cane Creek Mitigation Bank k�vv ENGINEERING I i i i I t Cape Fear River Basin 03030002 01 rA `V � +!'tram County, NC James Lindley South Fork Determination Aerial* *Map initially provided by Wildlands Inc has been manipulated to reflect DWR determinations. -W?- OF vo,"O 4585422.5 2012 = 500' 4585422.5 2010 = 500' 4585422.5 2009 = 500' 4585422.5 2008 = 500' 4585422.5 2006 = 500' 4585422.5 2006 = 500' 4585422.5 2005 = 500' 4585422.5 1998 = 750' 4585422.5 1993 = 500' South Fork Mitigation Site Existing Conditions Photographs August 2017 SF4A SF4A UT1 UT2 UT4 United States Department of the Interior Ruby Davis Wildlands Engineering Inc 1430 S. Mint St., Suite 104 Charlotte, NC 28203 FISH AND WILDLIFE SERVICE Raleigh ES Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 July 22, 2016 Re: Cane Creek Mitigation Bank — Alamance & Chatham Counties, NC Dear Mrs. Davis: This letter is to inform you that a list of all federally -protected endangered and threatened species with known occurrences in North Carolina is now available on the U.S. Fish and Wildlife Service's (Service) web page at http://www.fws.gov/raleigh. Therefore, if you have projects that occur within the Raleigh Field Office's area of responsibility (see attached county list), you no longer need to contact the Raleigh Field Office for a list of federally -protected species. Our web page contains a complete and frequently updated list of all endangered and threatened species protected by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), and a list of federal species of concern' that are known to occur in each county in North Carolina. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes. I The term "federal species of concern" refers to those species which the Service believes might be in need of concentrated conservation actions. Federal species of concern receive no legal protection and their designation does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to federal species of concern. If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. With regard to the above -referenced project, we offer the following remarks. Our comments are submitted pursuant to, and in accordance with, provisions of the Endangered Species Act. Based on the information provided and other information available, it appears that the proposed action is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for your project. Please remember that obligations under section 7 consultation must be reconsidered if. (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. However, the Service is concerned about the potential impacts the proposed action might have on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we recommend that all practicable measures be taken to avoid adverse impacts to aquatic species, including implementing directional boring methods and stringent sediment and erosion control measures. An erosion and sedimentation control plan should be submitted to and approved by the North Carolina Division of Land Resources, Land Quality Section prior to construction. Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down -gradient surface waters. In addition, we recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site. The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. We recommend that you consider this document in the development of your projects and in completing an initiation package for consultation (if necessary). 2 We hope you find our web page useful and informative and that following the process described above will reduce the time required, and eliminate the need, for general correspondence for species' lists. If you have any questions or comments, please contact Emily Wells of this office at (919) 856-4520 ext. 25. Sincerely, (I V L �V- Pete min Field Supervisor List of Counties in the Service's Raleigh Field Office Area of Responsibility Alamance Beaufort Bertie Bladen Brunswick Camden Carteret Caswell Chatham Chowan Columbus Craven Cumberland Cur ituck Dare Duplin Durham Edgecombe Franklin Gates Granville Greene Guilford Halifax Harnett Hertford Hoke Hyde Johnston Jones Lee Lenoir Martin Montgomery Moore Nash New Hanover Northampton Onslow Orange Pamlico Pasquotank Pender 0 Perquimans Person Pitt Randolph Richmond Robeson Rockingham Sampson Scotland Tyrrell Vance Wake Warren Washington Wayne Wilson North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Pat McCrory Office of Archives and History Secretary Susan Kluttz Deputy Secretary Kevin Cherry Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 July 1, 2016 Ruby Davis Wildlands Engineering 1430 South Mint Street, Suite 104 Charlotte, NC 28203 Re: Cane Creek Mitigation Bank, Alamance and Chatham Counties, ER 16-1133 Dear Ms. Davis: Thank you for your email of June 24, 2016, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation’s Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579 or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona M. Bartos SheetChecked By:Job Number:Drawn By:Project Engineer:312 W. Millbrook Road, Ste 225Raleigh, NC 27609Tel: 919.851.9986Firm License No. F-0831Date:Revisions:F:\Projects\005-40045 Cane Creek\CADD\South Fork Site\Plans\40045-SF-Planting Plan.dwgApril 26, 2018Cane Creek Umbrella Mitigation Bank - South Fork SiteChatham County, North CarolinaPlanting Tables005-40045CLM/GATANAGAT3.004.26.2018Zone 1 - Streambank Planting Zone (See Detail 2, Sheet 6.6) Zone 2 - Buffer Planting Zone (See Detail 1, Sheet 6.6) Zones 1 and 2 0'100'200'300' (HORIZONTAL)SheetChecked By:Job Number:Drawn By:Project Engineer:312 W. Millbrook Road, Ste 225Raleigh, NC 27609Tel: 919.851.9986Firm License No. F-0831Date:Revisions:F:\Projects\005-40045 Cane Creek\CADD\South Fork Site\Plans\40045-SF-Planting Plan.dwgMay 17, 2018Cane Creek Umbrella Mitigation Bank - South Fork SiteChatham County, North CarolinaPlanting Plan005-40045CLM/GATANAGAT3.105.17.2018NNote: Non-hatched areas within easement are currently vegetated and will be planted as needed to achieve target density. Zone 1 - Streambank Planting Zone (See Detail 2, Sheet 6.6) Zone 2 - Buffer Planting Zone (See Detail 1, Sheet 6.6) Zone 3 - Understory Planting Zone (See Detail 1, Sheet 6.6)Revised Buffer Planting Zone,Added Understory PlantingZone - 05.17.2018CECECECECECECECECECECECECECE CE CECECECECECECECECECECECECECECECECECECECECECECECECECECECECECECECECECECECECECECEC E C E C E C E C E C E C E CE CE CE CE CE CECECECE CE CE CE CE CECECECECECECECECECECECE CE CE CE CE CE CE CE CE CE CE CE CE CE CECECECECECECECECECECECECECECECECECECECECECECECECECEC E C E C E C E C E CE CE CE CECECECECECECECECECECECECE CE CECECECE CE CECECECECECECECE CE CE CE CECECEUT 1 SF4AUT2UT3UT4 EC1EC2UT5JO H N N Y L I N D L E Y R O A D Action History (UTC -05:00) Eastern Time (US & Canada) Submit by Anonymous User 6/5/2018 5:10:37 PM (Message Start Event) Approve by Montalvo, Sheri A 6/6/2018 8:18:19 AM (Initial Review- Sheri Montalvo) • The task was assigned to Montalvo, Sheri A 6/5/2018 5:10 PM ID# * 20160225 Version* 2 Select Reviewer:* Katie Merritt Mitigation Project Submittal - 6/5/2018 Type of Mitigation Project:* r— Stream r Wetlands fJ Buffer rJ Nutrient Offset (Select all that apply) Is this a Prospectus, Technical Proposal or a a yes a No New Site? * Project Contact Information ...................................................................................................................... Contact Name:* Andrea Eckardt Email Address:* aeckardt@Wldlandseng.com Project Information Existing (DWR) ID#:* 20160225 (nurrbers only... no dash) Existing Version:* 2 (nurrbers only) Project Name:* South Fork Mitigation Bank Parcel County:* Chatham Document Information Mitigation Document Type:* Mitigation Plan File Upload: South Fork Final BPDP 6.5.2018.pdf 19.7MB Rease upload only one RDF of the conplete file that needs to be subnitted... Signature Print Name:* Andrea Eckardt Signature: moi`