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HomeMy WebLinkAbout20170158 Ver 1_Revised Mitigation Plan_20170821Harmon Dairy Stream Mitigation Project (Phases 1 and 2) Polk County, North Carolina Broad River Basin Revised August 3, 2017 Prepared by: CLearWaLer z ENG�AND{i/ ENGINEERING 32 Clayton Street 167-B Haywood Road Asheville, NC 28801 Asheville, NC 28806 Executive Summary The applicant, Tryon Equestrian Partners applied for a Department of the Army 404 Permit (Action Id. No. 2013-02262) and a N.C. Division of Water Resources (DWR) 401 Water Quality Certification (Project No. 13-1200) to impact streams for the construction of the Tryon International Equestrian Facility (TIEC). The enclosed mitigation plan compensates for impacts to streams at TIEC located in Tryon, Polk County, North Carolina. The Harmon Dairy mitigation project located in Polk County is comprised of two phases and totals 7,256 linear feet of stream and will provide 5,005 credits of stream mitigation. An overview map of the phases and types of mitigation (i.e. restoration, enhancement, preservation) is included in this executive summary (Figure 0.1). Also included is a Summary Table for Projected Mitigation credits for both phasers 1 and 2. Both phases of the project are now planned to be constructed at the same time following issuance of the Corps for Engineers 404 permit. The success of stream stability and woody vegetation plantings would be evaluated for 7 years per the proposed guidance set forth by the North Carolina Interagency Review Team's (NCIRT) "Wilmington District Stream and Wetland Compensatory Mitigation Update" — October 24, 2016 (USACE 2016). The applicant will monitor the required areas for the next 7 years and report the results annually to the U.S. Army Corps of Engineers and DWR. The streams and buffer will be protected in perpetuity by a Conservation Easement that will be held and monitored by Polk County Soil and Water Board. Tryon Equestrian Partners is also purchasing 3,083 credits from the Box Creek Mitigation Banks to complete their mitigation requirements. N/A -Not Applicable Sunitmty Table. Projected Mitigation Credits - Phases 1 and 2 Harmon Dairy Stream Mitigation Project Mitigation Credit Sunrnaties Stream Riparian Wetland Non -Riparian Wetland Buffer Nitrogen Nutrient Offset Phosphorous Nutrient Offset Phase 1 1,126 N/A N/A N/A N/A N/A N/A Phase 2 3,879 N/A N/A N/A N/A N/A N/A Overall Credit 5,005 Project Components Project Component or Reach ID Stationing Pre -project Restoration Footage or Footage or Acreage Acreage Restoration Restoration or Rest Level Equiv. Mitigation Mitigation Notes Ratio Credits PHASE 1 UT Mary's Branch Reach 1 1+66-3+18 152 152 E2 E 2.5:1 61 UT Mary's Branch Reach 2 3+18-1383 900 1065 R R 1:01 1,065 PHASE 2 UT 2, Reach 1 0+01-4+06 405 405 P P 10 41 - UT 2, Reach 2 4+06-7+90 384 384 E2 E 2.5 154 UT 2, Reach 3 7+90-22+65 1,475 1,475 El E 1.5 983 esmt break included UT 2, Reach 4 22+90 - 31+28 831 838 R R 1 838 UT 3, Reach 1 100+00 - 100+48 48 48 E2 E 2.5 19 UT 3, Reach 2 100+48 - 112+33 1185 1,160 El E 1.5 773 esn4 break included UT 3, Reach 3 112+33 - 115+62 329 329 P P 10 33 UT 3, Reach 4 115+62 - 124+82 944 920 R R 1 920 UT4 1+14-3+61 247 247 P P 10 25 UT5 1+00-3+33 1 233 1 233 1 E2 E 2.5 93 Length and Area Sutrunations RestorationLevel Stream (Linear Feet) Riparian Wetland (acres) Non- onRestoration riparian Wetland Buffer (Square feet) Upland (acres) Rivenne Non-Rivenrie PHASE 1 Restoration 1065 Enhancement 152 PHASE 2 Restoration 1,758 - Enhancement 3,300 - Preservation 981 N/A -Not Applicable c� CE CE CE CE CE CE � CE ct E / 1 � 3333 33 93 33 CE ct 33 - 33 40 -70 CC cly CE _ CE Harmon Dairy Stream Mitigation Project Phase 1 Polk County, North Carolina Broad River Basin Revised August 3, 2017 Prepared by: CLearWaLer ,�;WILbLANb{�� ENGINEERING 32 Clayton Street 167-B Haywood Road Asheville, NC 28801 Asheville, NC 28806 Table of Contents 1.0 PROJECT SUMMARY.......................................................................................... 1 1.1 Project Objectives.............................................................................................. 1 2.0 SITE SELECTION................................................................................................. 1 3.0 SITE PROTECTION INSTRUMENT.................................................................. 2 4.0 BASELINE INFORMATION................................................................................ 2 4.1 Location...............................................................................................................2 4.2 Existing Site Conditions..................................................................................... 2 5.0 DETERMINATION OF CREDITS...................................................................... 4 6.0 MITIGATION WORK PLAN AND MANINTENANCE PLAN ....................... 4 6.1 Design Approach................................................................................................ 4 6.2 Construction Schedule....................................................................................... 5 6.3 Erosion and Sediment Control Measures........................................................ 5 6.4 Stream Bank and Floodplain Re -Vegetation ................................................... 6 6.5 Invasive Species Control.................................................................................... 6 6.6 Maintenance Plan............................................................................................... 6 7.0 PERFORMANCE STANDARDS.......................................................................... 7 8.0 MONITORING REQUIREMENTS..................................................................... 7 10.0 ADAPTIVE MANAGEMENT PLAN.................................................................. 9 11.0 FINANCIAL ASSURANCES............................................................................. 10 12.0 REFERENCES..................................................................................................... it APPENDIX A: FIGURES Figure 1. Site Vicinity Map Figure 2. USGS Topographic Quadrangle Figure 3. Aerial Map Figure 4. Stream and Wetland Delineation Map APPENDIX B: CONSERVATION EASEMENT APPENDIX C: GEOMORPHIC DATA PHOTOGRAPHS CALCULATIONS APPENDIX D: RESTORATION PLANS 1.0 PROJECT SUMMARY Tryon Equestrian Partners, LLC (TEP) is proposing to enhance and restore 1,383 linear feet (LF) of stream channel at the Harmon Dairy Stream Mitigation Project site (site) in Polk County, North Carolina (Appendix A, Figure 1). The proposed project would generate 1,126 Stream Mitigation Units (SMUs). Restoration would offset environmental losses resulting from unavoidable impacts associated with the proposed Tryon International Equestrian Center (TIEC) in Polk County. 1.1 Project Objectives The resource functions of the proposed stream restoration project address needed improvements to the watershed in several ways. The existing stream at the site is degraded due to prior channelization, habitat alteration, excess sediment from bank erosion, limited riparian buffers, and livestock trampling. The proposed project would address these impairments and improve watershed functions by restoring approximately 1,126 linear feet of an unnamed tributary (UT) to Mary's Branch. The primary goal of the stream restoration project would be to return the project reach to a stable, well - vegetated, and naturally functioning condition. Specific stream restoration objectives include: improving bank stability, enhancing aquatic and terrestrial habitats, removing invasive exotic plant species, and establishing more robust and wider vegetative buffers. 2.0 SITE SELECTION The applicant has chosen off-site, in-kind mitigation in the form of restoration to fulfill mitigation requirements associated with development of the TIEC. The project site was selected because it has a high likelihood of success based on a number of factors, including: landscape position; absence of significant constraints; and conservation protection. There are no approved mitigation banks in the watershed. The watershed of the proposed project reach is approximately 181 acres and over 1,000 linear feet of stream channel would be enhanced or restored, and preserved. Establishing upland riparian buffers around stream resources would limit indirect and cumulative impacts associated with the ongoing dairy operation. Streams on site would have no protections should the mitigation plan be determined unacceptable. Restoring or enhancing streams now is more beneficial than funding large-scale restoration at a later date. Streams would also be preserved. Although mitigation provided by a mitigation bank or in -lieu fee program would provide mitigation within the same watershed, stream reaches used for mitigation could be many miles from the permitted project site. The Harmon Dairy is approximately 5 miles from the TIEC. Permittee responsible mitigation is an accepted means of providing compensatory mitigation. When properly designed and implemented, and appropriately monitored, this approach offers a predictable and tested way of achieving compensatory mitigation as well as the opportunity to protect unique, natural features. Mitigation activities are justified because of the degraded nature of the existing stream and the plan to restore the UT to Mary's Branch to an ecologically self-sustaining stream. Hannon Dairy Phase 1 - Stream Mitigation Plan 1 August 2017 3.0 SITE PROTECTION INSTRUMENT A Conservation Easement (CE) on the property would be held by the Polk County Soil and Water Conservation District (SWCD) to protect in perpetuity the improved aquatic habitats and riparian buffers of the stream restoration project and restrict future activities that may compromise the functions and services of the aquatic resources (Appendix B). The permanent conservation easement would extend at least 50 feet beyond the top of both banks. Within the conservation easement, the riparian buffer would be planted with native trees and shrubs, as well as live stakes or live whips and transplants, to provide post -construction bank stability, erosion control and riparian habitat enhancement. All site protection instruments require 60 -day advance notification to the US Army Corps of Engineers (Corps) and the NC Division of Water Resources (DWR) prior to any action to void, amend, or modify the document. No such action would take place unless approved by the Corps and DWR. 4.0 BASELINE INFORMATION 4.1 Location The proposed site is located in the Piedmont physiographic province (NCGS 2004) in Polk County, North Carolina. The proposed site is accessed from NC Highway 9 in the town of Green Creek (Appendix A, Figure 1). The proposed site is bordered by Mary's Branch to the west, and stream and wetlands on site are UTs to Mary's Branch in the Broad River basin (HUC 03050105). To access the site from Asheville, take Interstate 26 East for 36 miles to Exit 67. Follow US -74 East toward Columbus. Take Exit 167 and turn south onto NC Highway 9. After approximately 7 miles, turn right onto Harmon Dairy Lane. Harmon Dairy Lane ends at the dairy. The project reach is located to the west of the diary barns. 4.2 Existing Site Conditions The watershed of the UT to Mary's Branch measures approximately 181 acres and is primarily used for pasture (Appendix A, Figure 2 and 3). Land use in the project area is predominantly pasture with pockets of mixed hardwood/pine forests. The surrounding land use is similar, but also includes residential home sites. The project reach was apparently channelized, straightened, and moved to the edge of the valley in order to maximize usable pasture land. The upstream end of the project reach has been trampled by cattle over the past several decades and fine sediment has covered the native gravel bed materials. The downstream reach is undergoing an incision process as the channel profile adjusts to the steeper grade imposed by straightening and by its connection to Mary's Branch, which is also incised. Banks are nearly vertical with raw soil and evidence of active erosion. The project reach can be characterized by Stage III (degradation) in the Simon Channel Evolution Model. The upstream reach can be classified in the Rosgen classification system as an "F" while the downstream reach can be classified as a "G" or "E". The riparian buffer that exists along the left bank of the project reach is dominated by Chinese privet (Ligustrum sinense), with some Japanese honeysuckle (Lonicera japonica) and multi -flora rose (Rosa multiflora). Native tree species include maple species and American beech (Fagus grandifolia). Hannon Dairy Phase I - Stream Mitigation Plan 2 August 2017 Photographs of the site along with geomorphic and sediment data are included for review (Appendix Q. A stream and wetland delineation map is included in (Appendix A, Figure 4). Baseline information and attributes are summarized in Table 1 below. Table 1. Project Baseline Information and Attributes Harmon Dairy Stream Mitigation Project Project Information Project County Polk Project Area (acres) 3.8 Project Coordinates (latitude and longitude) 35.201888, -82.064722 Project Watershed Summary Information Physiographic Province Piedmont River Basin Broad USGS Hydrologic Unit 8 -digit: 03050105 14 -digit: 03050105150020 DWQ Sub -basin 03-08-06 Project Drainage Area (acres) 181 Project Drainage Area Percentage of Impervious Area <10% CGIA Land Use Classification Forested (53%), Cultivated Crops and Hay (33%), Grassland (11%), Developed (2%), Impervious (<1%), Barren (<1%) Reach Summary Information Parameters UT Mary's Branch UT Mary's Branch Reach 1 Reach 2 Length of Reach (linear feet) 152 900 Valley Classification VIII VIII Drainage Area (acres) 102 181 NCDWQ Water Quality Classification C C Morphological Description (Stream Type) F E Evolutionary Trend F -E E -G -F -E Underlying Mapped Soils RnE Drainage Class Well Drained Soil Hydric Status No Slope 1.7% 1.1% FEMA Classification Zone X Zone X Native Vegetative Community Riparian Riparian Percent Composition ofExoticInvasive Vegetation —30% —30% Wetland Summary Information N/A Regulatory Considerations Regulation Applicable Resolved Supporting Documentation Waters ofthe United States - Section 404 Yes No Waters ofthe United States - Section 401 Yes No Endangered Species Acts No No Historic Preservation Act Yes No Coastal Zone Management Act (CZMA) / Coastal Area Management Act (LAMA) No N/A FEMA Floodplain Compliance Yes No Essential Fisheries Habitat No N/A N/A -Not Applicable Hannon Dairy Phase 1 - Stream Mitigation Plan 3 August 2017 5.0 DETERMINATION OF CREDITS Mitigation credits presented in these tables are projections based upon site design. Upon completion of site construction, the project components and credits data would be revised to be consistent with the as -built condition. N/A -Not Applicable 6.0 MITIGATION WORK PLAN AND MANINTENANCE PLAN 6.1 Design Approach The restoration plan (Appendix D) provides for restoring bank and bed stability, promoting sediment transport equilibrium over a range of discharges, and improving aquatic and terrestrial habitats. Establishing and maintaining a native forested riparian buffer along the stream banks would help improve bank stability and reduce water temperatures as the canopy matures. Land uses in the conservation easement areas would be restricted to protect planted vegetation and ensure long-term recovery of riparian functions. Changes in hydraulic geometry features, such as the creation of riffles and pools, would enhance habitat function and contribute to an overall improvement in habitat diversity. Stream restoration and enhancement would be accomplished using a natural channel design approach to restore appropriate channel dimension, pattern, and profile. These improved conditions would promote water and sediment transport equilibrium between the stream and its watershed, reconnect the stream to its floodplain, and promote healthy in -stream and riparian habitats. Proposed restoration involves on-line restoration of channel dimensions and in -stream structures in the upstream reach, and excavation of a new, off- line channel over the downstream reach. The proposed project would also include removing invasive plant species and planting native riparian buffer vegetation. The design approach for restoration would be mainly a Priority I, with Priority II elements at the upstream and downstream ends of the project reach. The Priority I approach raises the stream to its original floodplain elevation, abandoning the old channel. The Priority II Hannon Dairy Phase I - Stream Mitigation Plan 4 August 2017 Table 2. Projected Mitigation Credits Hannon Dairy Stream Mitigation Project Mitigation Credit Summaries Stream Riparian Wetland Non -Riparian Wetland Buffer Nitrogen Nutrient Offset Phosphorous Nutrient Offset Overall Credit 1,126 N/A I N/A N/A N/A I N/A N/A Project Components Project Component or Reach ID Stationing Pre -project Restoration Footage or Footage or Restoration Acreage Acreage Level Restoration or Rest Mitigation Mitigation Notes Equiv. Ratio Credits UT Mary's Branch Reach 1 1+66- 3+18 152 152 E2 E 2.5:1 61 UT Mary's Branch Reach 2 3+18 - 13+83 900 1,065 R R 1:1 1,065 Length and Area Summations Restoration Level Stream (Linear Feet) Non - Riparian Wetland (acres) riparian Wetland Buffer (Square feet) Upland (acres) Riverine Non-Riverine Restoration 1065 Enhancement 152 N/A -Not Applicable 6.0 MITIGATION WORK PLAN AND MANINTENANCE PLAN 6.1 Design Approach The restoration plan (Appendix D) provides for restoring bank and bed stability, promoting sediment transport equilibrium over a range of discharges, and improving aquatic and terrestrial habitats. Establishing and maintaining a native forested riparian buffer along the stream banks would help improve bank stability and reduce water temperatures as the canopy matures. Land uses in the conservation easement areas would be restricted to protect planted vegetation and ensure long-term recovery of riparian functions. Changes in hydraulic geometry features, such as the creation of riffles and pools, would enhance habitat function and contribute to an overall improvement in habitat diversity. Stream restoration and enhancement would be accomplished using a natural channel design approach to restore appropriate channel dimension, pattern, and profile. These improved conditions would promote water and sediment transport equilibrium between the stream and its watershed, reconnect the stream to its floodplain, and promote healthy in -stream and riparian habitats. Proposed restoration involves on-line restoration of channel dimensions and in -stream structures in the upstream reach, and excavation of a new, off- line channel over the downstream reach. The proposed project would also include removing invasive plant species and planting native riparian buffer vegetation. The design approach for restoration would be mainly a Priority I, with Priority II elements at the upstream and downstream ends of the project reach. The Priority I approach raises the stream to its original floodplain elevation, abandoning the old channel. The Priority II Hannon Dairy Phase I - Stream Mitigation Plan 4 August 2017 approach involves creating a new stream channel and floodplain at the current channel elevation. In both cases, when abandoned, the old channel would be filled with spoil produced by the excavation of the new channel and floodplain. Stream restoration measures have been designed using a combination of analytical data and reference reaches from stable reaches found with a similar valley type. The project design also incorporates natural materials, such as gravel, cobble and logs to improve in - stream habitat and provide lateral stability. Bioengineering measures would be installed on restored stream banks, particularly at the outside bends where stresses are high, in order to promote bank stability and quickly establish a near -bank vegetative cover. Sediment transport competence analyses have been performed to check that the designed channel would transport the size of sediment available within the watershed. The analyses, summarized in Appendix C, indicate that the design stream reaches would have bankfull shear stresses capable of mobilizing the larger fraction (D84 to Dim) of the bed materials sampled at the site. Bankfull dimensions and estimated bankfull discharge were evaluated based on site surveys, regional hydraulic geometry relationships, and hydraulic modeling. The design bankfull dimensions, slope, and discharge match regional relationships well. 6.2 Construction Schedule Construction is estimated to last from two to three months, depending upon weather. Installation of live stakes, live transplants, and all riparian tree and shrub planting would be performed during the dormant winter months, regardless of when construction is completed. Construction is planned to begin within two months of final design approval and receipt of permits. 6.3 Erosion and Sediment Control Measures Construction phase erosion and sediment controls would be implemented in accordance with state standards to ensure sediment resulting from project construction would remain on site. The contractor would be instructed to disturb only as much ground as necessary to complete the active phase of work. Silt fences would be placed around all temporary stockpiles. A pump -around flow diversion would be employed in order to minimize downstream migration of fine sediment from work areas. Erosion control matting composed of natural biodegradable coir fiber would be installed along the constructed channel or herbaceous cover would be established before water is turned into the new channel. The erosion control matting would extend to the top of bank and would be secured with wood stakes and live stakes. Immediately following any ground disturbing activities, both a temporary cover seed mix and a permanent native seed mix would be sown to provide immediate ground cover and stabilize exposed soil. The newly constructed channel would be stabilized with native herbaceous vegetation and live stakes after construction. Hannon Dairy Phase 1 - Stream Mitigation Plan 5 August 2017 6.4 Stream Bank and Floodplain Re -Vegetation The vegetative components of this project include stream bank and floodplain planting. Any areas of the site that are disturbed, lack diversity, or might be adversely impacted by the construction process would also be replanted. A buffer of woody and herbaceous species would be established within 50 feet from the top of the newly constructed bank using a native seed mix, bare -root seedlings, live stakes, and live transplants. Any areas of the proposed mitigation site that are currently in pasture would be treated for fescue and ripped, if necessary, prior to installation of plants. Planted trees and shrubs would provide a diversity of forest structure, forage value, filtering capacity, soil stability, and riparian habitat. Planting zones on the site would mimic natural stream bank and floodplain communities and would consider the frequency and magnitude of flows experienced by the project stream. Planting would commence in the dormant season after project construction is completed to ensure that species are planted in suitable hydrologic regimes. 6.5 Invasive Species Control Invasive non-native species, primarily Chinese privet, are present within the proposed conservation easement. Invasive species would be cut and treated with herbicide prior to grading or completely removed during grading. In areas where grading operations would remove individual invasive plants, follow-up treatments would be implemented as necessary to eradicate any new invasive populations. Invasive plants would be replaced with native trees and shrubs. 6.6 Maintenance Plan Maintenance of the newly constructed channel and all structures associated with the restoration would be accomplished by TEP if the restored stream exceeds the range of natural variability established during the 7 -year monitoring period. Replacement planting would be performed by TEP if stem counts fall below 320 stems per acre during the first 3 years, 260 stems per acre through year 5, or 210 stems per acre through year 7. If any portion of the mitigation project fails to meet the specified performance standards in a monitoring year, the reasons for this failure would be determined and a corrective action plan (which includes proposed actions, a schedule, and monitoring plan) would be prepared. TEP will also install and maintain the boundary fence for seven years. The landowner will be responsible for maintaining the fence thereafter if the land uses continue to have livestock. If it is believed that corrective action to a problem area is not warranted, the corrective action plan would state the reasons. Continued monitoring of the problem area may be required. Hannon Dairy Phase I - Stream Mitigation Plan 6 August 2017 7.0 PERFORMANCE STANDARDS In accordance with the provisions in CFR Title 33, "performance standards that will be used to assess whether the project is achieving its objectives... and should relate to the objectives ... so that the project can be objectively evaluated to determine if it is developing into the desired resource type, providing the expected functions, and attaining any other applicable metrics ". Table 3 below lists proposed success criteria for each proposed ecological service enhancement. While some success criteria are quantitative (e.g. bank height ratio) and others are qualitative (e.g. observations of fine sediment deposition on the floodplain), each is measurable. Year to year comparisons for the various parameters would allow adaptive management to be implemented early on in the monitoring period if necessary in order to reduce the risk of widespread problems. Table 3. Performance Standards Parameter Metrics/Success Criteria a. Riffle bank height ratios shall not exceed 1.2. Changes in BHR shall not exceed 10% in year to year comparisons. b. Entrenchment ratio for riffles in reaches where ER is corrected through design and construction shall be no less than 1.4. Changes in ER shall not exceed 10% in year to year comparisons. Channel Stability c. At least 90% of the stream bed and banks shall remain stable through four bankfull events, occurring in separate years, during monitoring years 1 through 7. d. Continuous surface water flow must be documented for 30 consecutive days at any point during the monitoring year. a. Density of 320 live, planted stems/acre at year 3; 260 live, planted stems/acre at year 5; 210 live planted stems/acre at year 7. Riparian Buffer Vegetation b. Trees must average 7 feet in height at year 5 and 10 feet in height at year 7. c. No more than 50% of a plot stem count shall be a single species. Project Boundary a. 100% of fencing and signage to remain intact. b. No encroachments shall be made on the easement. 8.0 MONITORING REQUIREMENTS Environmental components monitored in this project are those that allow an evaluation of stream stability and vegetative survivability. The success of stream stability and woody vegetation plantings would be evaluated for 7 years per the proposed guidance set forth by the North Carolina Interagency Review Team's (NCIRT) "Wilmington District Stream and Wetland Compensatory Mitigation Update" — October 24, 2016 (USACE 2016). Hannon Dairy Phase 1 - Stream Mitigation Plan 7 August 2017 Table 4. Monitoring Requirements Required Quantity Frequency Notes Parameter Pattern/profile survey will extend for at least 20 bankfull widths for the R As per North Carolina reach. Annual profile surveys only Pattern and Profile Interagency Review As -Built required if channel instability is Team's Requirements observed. Problem areas will be mapped and included on the monitoring annual plan view. A minimum of one representative As per North Carolina As -Built, riffle and pool cross section will be Dimension Interagency Review Years 1, 2, surveyed per 1,000 linear feet in R Team's Requirements 3, 5, and 7 and E2 reaches. Problem areas will be mapped and included on the monitoring annual plan view. Crest gauges installed one for every Surface Water As per North Carolina 1,000 LF reach and every 5,000 LF Hydrology Interagency Review Annual of stream will be inspected on an Team's Requirements annual basis to document the occurrence of bankfull events. Vegetation will be monitored using a As per North Carolina As -Built, standard sampling method and would Vegetation Interagency Review Years 1, 2, consist of 4 plots — 2 fixed plots and Team's Requirements 3, 5, and 7 2 random plots. 0.02 -acre (min.) plots will be mapped and included on the monitoring annual plan view. Locations of exotic and nuisance Exotic and nuisance Annual vegetation will be mapped and vegetation included on the monitoring annual plan view. Locations of fence damage, vegetation damage, boundary Project boundary Annual encroachments, etc. will be mapped and included on the monitoring annual plan view. Reference photographs will be made at selected overviews and near - Photographs Annual stream locations. Photo stations will be included on the monitoring annual plan view. Hannon Dairy Phase 1 - Stream Mitigation Plan 8 August 2017 9.0 LONG TERM MANAGEMENT PLAN Upon close out by the Corps, the site would remain owned by the Harmons and the conservation easement would be held by the Polk County SWCD. A stewardship fee of $15,000 would be paid to the Polk County SWCD. Polk County SWCD will hold the funds in a non -wasting individual account unique for this project only. The fee is based upon the amount of interest, generated from an endowment, necessary to cover stewardship cost. This fee would cover encroachment monitoring on the easement, reporting, and any legal fees incurred defending the easement. 10.0 ADAPTIVE MANAGEMENT PLAN Project maintenance would be performed as described above. If, during the course of annual monitoring it is determined the site's ability to achieve site performance standards is jeopardized, the applicant would notify the Corps and DWR of the need to develop an Adaptive Management Plan. Once the Adaptive Management Plan is prepared and finalized the applicant would: 1. Notify the Corps and DWR. 2. Revise performance standards, maintenance requirements, and monitoring requirements as necessary and/or required by the Corps and DWR. 3. Obtain other permits as necessary. 4. Implement the Adaptive Management Plan. 5. Provide the Corps and DWR with documentation of corrective action. This report would depict the extent and nature of the work performed. Hannon Dairy Phase I - Stream Mitigation Plan 9 August 2017 11.0 FINANCIAL ASSURANCES A Performance Bond in the amount of total cost through the end of construction ($172,964) would be held by Ecosystems Insurance Associates, LLC. A draft bond is included for review (Appendix E). Cost of the project is outlined below. Construction Cost Estimate UT to Marys Branch August 2016 Treatment $/LF LF Estimated Cost On-line Enhancement $ 60.00 152 $ 9,120.00 Earthwork and In -stream $ 58,350.00 Structure $ 4,500.00 E&S Control $ 20,500.00 Invasive Removal $ 5,000.00 Planting $ 12,000.00 Repair $ 20,994.00 Contingency/Maintenance in $ 8,800.00 Short Term (20% +/-) $ 2,500.00 Total Through the End of $ 125,964.00 Construction Monitoring Estimated Cost As -Built $ 8,500.00 Monitoring - Year 1 $ 4,500.00 Monitoring - Year 2 $ 4,500.00 Monitoring - Year 3 $ 4,500.00 Monitoring - Year 4 $ 2,450.00 Monitoring - Year 5 $ 8,800.00 Monitoring - Year 6 $ 2,450.00 Monitoring - Year 7 $ 8,800.00 Closeout $ 2,500.00 Total for 7 Years Monitoring $ 47,000.00 Grand Total S 172,964.00 Hannon Dairy Phase 1 - Stream Mitigation Plan 10 August 2017 12.0 REFERENCES NCGS (North Carolina Geological Survey). 2004. Physiography of North Carolina. Map compiled by the Division of Land Resources. Raleigh. Rosgen, Dave. 1996. Applied River Morphology, Wildland Hydrology. USACE (U.S. Army Corps of Engineers). 2003. Stream Mitigation Guidelines. U.S. Army Corps of Engineers — Wilmington District, U.S. Environmental Protection Agency, North Carolina Wildlife Resources Commission, and North Carolina Department of Environment and Natural Resources Division of Water Quality. Wilmington, North Carolina. USACE (U.S. Army Corps of Engineers). 2013. Monitoring Requirements and Performance Standards for Compensatory Mitigation in North Carolina. North Carolina Interagency Review Team (NCIRT). Hannon Dairy Phase I - Stream Mitigation Plan I I August 2017 Appendix A Figures Harmon Dairy Stream Mitigation Project (+/- 3.77 AC) / I I 5+ f ul' lks;61� / /, 0- 13 I E f V i C / s Q Marys Branch / 1 l \ \ J 1 / \ � CE Boundary 1 i I � � 1 i � I � i v \ \ f�J I?d � ' s I 1 I I I I 1 I I I 1 \ \ \�J �t� I �x I / / I 1 1 / , N rollina North carollna Legend CE Boundary — — — Streams Drawn by: RNR 06.06.15; CEC Project # 747 Polk County, North Carolina CLearWater 32 Clayton Street Asheville, NC 28801 26 Old M cIVIII V'` 0 500 1,000 2,000 Feet Site Vicinity Figure 1 Harmon Dairy Stream Mitigation Project (+/- 3.77 AC) - CAO x� \00000,r f CE Boundary` kk JU2Ve Legend # , _ *V - - # 0 250 500 1,000 CE Boundary 02 # f � Feet Drawn by: RNR 06.06.15; CEC Project # 747 Polk County, CLea Water USGS Topograhic Map North Carolina = Fingerville West Quad 32 Clayton street Figure 2 Asheville, NC 28801 f�,�•.n. � .r r - .,. IN . Harmon Dairy Stream Mitigation Site (+/- 3.77 AC) Jurisdictional wetlands and waters identified on this map have been located within sub -meter accuracy utilizing a Trimble mapping grade Global Positioning System (GPS) and the subsequent differential correction of that data. GPS points may demonstrate uncorrectable errors due to topography, vegetative cover, and/or multipath signal error. Note: The illustrated wetland and stream locations are approximate. These areas have been flagged in the field; however, they have not been surveyed. Although Clearwater Environmental Consultants, Inc. (CEC) is confident in our assessment, the US Army Corps of Engineers (Corps) is the only agency that can make final decisions regarding jurisdictional wetland and waters of the US delineations. Therefore, all preliminary determinations are subject to change until written verification is obtained. CEC strongly recommends that written verification be obtained from the Corps prior to closing on the property, beginning any site work, or making any legal reliance on this determination. This map was prepared by CEC using the best information available to CEC at the time of production. This map is for informational purposes only and should not be used to determine precise boundaries, roadways, property boundary lines, nor legal descriptions. This map shall not be construed to be an official survey of any data depicted. Source Data: Preliminary Harmon Easement is from Wildlands Engineering. S3 was drawn via aerial imagery (NCCGIA 2015). 0 Potentially Jucisdictioual Water W3 wetlna(nc) srearo(l.a) W l 0.006 S1 1,077 W2 0.01 S2 133 W3 0.008 S3 (Not Delineated) 2,569 W4 0.35 Total 0.374 Total 3,779 \ \ \ --- ---- ___ \ W1 W4 \ I Wetland 4 Continues Off Property Legend Data Form N Stream Wetland Contours 0 125 250 500 Preliminary Harmon Easement Feet Dr y: KAY 5 3. 6; 4E Pr ' c 47 u I s CLearWater Stream & Wetland Polk County,, Delineation Map North Carolina Delineated May 13, 2016 32 Clayton Street Asheville, NC 28801 Figure 4 Appendix B Conservation Easement Page 1 of 9 1 I{I1ifl 111111111 i{III 11111 11111 11111 IIIA Ill{l 11111 Ilill 1111111111 {�� 11II 11{1 Doc ID: 004634530009 TYpe: CRP Recorded: 01/24/2017 at 12:03:42 Pit Fee Amt: $26.00 Page 1 of 9 Revenue Tax: $0.00 Polk NO Shelia Whitmire Reaister of Deeds BK424 PG 1193-1201 PERMANENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ("Conservation Easement") made this day of 6 N14�Lwj , 2017 by and between Douglas Harmon and James Alan Harmon, ("Grantor") and Polk County Soil and Water Conservation District ("Grantee"). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. RECITALS WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Polk County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein ("Property"); WHEREAS, Grantee is a public body of the state of North Carolina, and is qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat. § 121-35; WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the property in its natural state, as restored, and the purpose of this Conservation Easement is to restore and maintain riparian resources and other natural values of the Property, and prevent the use or development of the Property for any purpose or in any manner that would conflict with the maintenance of the Property in its natural condition. WHEREAS, the restoration and preservation of the Property is a condition of Department of the Army permit Action ID 2013-02262 issued by the Wilmington District Corps of Engineers, which requires mitigation for unavoidable stream and/or wetland impacts authorized by that permit. R&S 1760230_1 Book:424 Page: 1193 Seq: 1 Rnnk• A9A Pana- 11 Q3 Pana 1 of Q Page 2 of 9 WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be held by the U.S. Army Corps of Engineers, Wilmington District (Corps, to include any successor agencies), and that these rights are in addition to, and do not limit, the rights of enforcement under said permit. NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation Easement of the nature and character and to the extent hereinafter set forth, over the Property described on Exhibit A, together with the right to preserve and protect the conservation values thereof, as follows: ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. This conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents and licensees. ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Property inconsistent with the purpose of this Conservation Easement is prohibited. The Property shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Property. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted or reserved as indicated hereunder: A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the natural features of the Property or any introduction of non-native plants and/or animal species is prohibited. B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above the Property. C. Industrial. Commercial and Residential Use. Industrial, residential and/or commercial activities, including any right of passage for such purposes are prohibited. D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry and horticultural use of the Property are prohibited. E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation on the Property. R&s 1760230_1 Book:424 Page: 1193 Seq:2 Prink- A9A Pana• 1 1 Qq Pana 9 of Q Page 3 of 9 F. Roads and Trails. There shall be no construction of roads, trails or walkways on the property; nor enlargement or modification to existing roads, trails or walkways. G. Signage. No signs shall be permitted on or over the Property, except the posting of no trespassing signs, signs identifying the conservation values of the Property, signs giving directions or proscribing rules and regulations for the use of the Property and/or signs identifying the Grantor as owner of the property. H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Property is prohibited. I. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any manner on the Property, except to restore natural topography or drainage patterns. J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of the easement area by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. K. Development Rights. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited. M. Other Prohibitions. Any other use of, or activity on, the Property which is or may become inconsistent with the purposes of this grant, the preservation of the Property substantially in its natural condition, or the protection of its environmental systems, is prohibited. ARTICLE III GRANTOR'S RESERVED RIGHTS The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the property for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Property, the rights of ingress and egress, the right to hunt, fish, and hike on the Property, the right to sell, transfer, gift or otherwise convey the Property, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall specifically reference, this Conservation Easement. Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its successors and assigns, the right to construct wetland and stream mitigation on the Property, in accordance R&S 1760230_1 Book:424 Page: 1193 Seq:3 _t.T.1�V7�■�T.T-�fiCY�■�T.T-fl�L Page 4 of 9 with the Harmon Dairy Stream Mitigation Plan dated August 15, 2016 and updated December 29, 2016 prepared by Clearwater Environmental and Wildlands Engineering. ARTICLE IV GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns, and the Corps, shall have the right to enter the Property at all reasonable times for the purpose of inspecting said property to determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The Grantee shall also have the right to enter and go upon the Property for purposes of making scientific or educational observations and studies, and taking samples. The easement rights granted herein do not include public access rights. ARTICLE V ENFORCEMENT AND REMEDIES A. To accomplish the purposes of this Easement, Grantee is allowed to prevent any activity on or use of the Property that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Property that may be damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of such notice to correct the conditions constituting such breach. if the breach remains uncured after 30 days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. The costs of a breach, correction or restoration, including the Grantee's expenses, court costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. The Corps shall have the same right to enforce the terms and conditions of this easement as the Grantee. B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default. C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Property resulting from such causes. R&S 1760230_1 Book:424 Page: 1193 Seq:4 _t.TdW WAV7MRXWr-�5Dv.�RZ WWWA W P., �L Page 5 of 9 ARTICLE VI MISCELLANEOUS A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee simple, and that Grantor either owns all interests in the Property which may be impaired by the granting of this Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or other interests in the Property which have not been expressly subordinated to this Conservation Easement. Grantor further warrants that Grantee shall have the use of and enjoy all the benefits derived from and arising out of this Conservation Easement, and that Grantor will warrant and defend title to the Property against the claims of all persons. B. Subsequent Transfers, The Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Property. The Grantor agrees to provide written notice of such transfer at least thirty (30) days prior to the date of the transfer. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any portion thereof and shall not be amended, modified or terminated without the prior written consent and approval of the Corps. C. Assianment. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C, Gen, Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. D. Entire Agreement and Severability. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect. E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. F. Extinguishment. In the event that changed conditions render impossible the continued use of the Property for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. G. Eminent Domain. Whenever all or part of the Property is taken in the exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full value of the taking, and all incidental and direct damages due to the taking. R&S 1760230_1 Book:424 Page: 1193 Seq: 5 Page 6 of 9 H. Proceeds, This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of this Property is sold, exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair market value of this Conservation Easement. The parties stipulate that the fair market value of this Conservation Easement shall be determined by multiplying the fair market value of the Property unencumbered by this Conservation Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of this easement at the time of this grant to the value of the Property (without deduction for the value of this Conservation Easement) at the time of this grant. The values at the time of this grant shall be the values used, or which would have been used, to calculate a deduction for federal income tax purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with the purposes of this Conservation Easement. L Notification. Any notice, request for approval, or other communication required under this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following addresses (or such address as may be hereafter specified by notice pursuant to this paragraph): To Grantor: Douglas Harmon and James Alan Harmon 335 Harmon Dairy Lane Columbus, NC 28722 Phone: (828) 863-2104 To Grantee: Polk County Soil & Water District 156 School Road Mill Spring, NC 28756 Fax: (828) 894-2231 To the Corps: Carl Pruitt U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, NC 28402-1890 Fax: (910) 251-4044 J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation Easement, then the Grantee's interest shall become vested in another qualified grantee in accordance with an appropriate proceeding in a court of competent jurisdiction. K. Amendment. This Conservation Easement may be amended, but only in writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation purposes of this grant. R&S 1760230_1 Book:424 Page: 1193 Seq:6 GrWE WA OWEA sTT fffflc�VMMMOVED: Page 7 of 9 L. Present Condition of the Property. The wetlands, scenic, resource, environmental, and other natural characteristics of the Property, and its current use and state of improvement, are described in the Harmon Dairy Stream Mitigation Plan dated August 15, 2016 and updated December 29, 2016 prepared by Clearwater Environmental and Wildlands Engineering and acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee have copies of this report. It will be used by the parties to assure that any future changes in the use of the Property will be consistent with the terms of this Conservation Easement. However, this report is not intended to preclude the use of other evidence to establish the present condition of the Property if there is a controversy over its use. TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. R&S 1760230_1 Book:424 Page: 1193 Seq:7 •• !iCyZ!'�T•T-7il it �!Ii�'�-T.T�neW Page 8 of 9 IN WITNESS WHEREOF, Grantors have executed this Permanent Conservation Easement this \K day of -�3 Phu- K` , 2017. Grantors: i r By• - Douglas Harmon, Grantor -61 James Alan Harmon, Grantor Polk County Soil and Water Conservation District By: NORTH CAROLINA COUNTY OF POLK I, kI cj_ �_Y a Notary Public in and for the County and State aforesaid, do hereby certify that Douglas Harmon and James Alan Harmon (Grantors) personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the r day of Sa-N U 4XV , 2017. i��& Q 4A 1 21 Notary Ptotic NC- L LS- 2".,(:) My commission expires R&S 17602301 _t.Td W VA V7 M RXWr-� 5 CYC RXT.T-ftpL „F1R p,R Y '.[SEAL] r , 2 ,V S P US`' 0kK CO `,''11111111141141141' Boole:424 Page: 1193 Seq:8 ago 9 ot9„ , e CMOXV®g y 0 4 0#y> • a . 'l'ltla Hliip IS 110t a Certilled Survey and has not bean wArM d 4 g c _ g by a local OGWSMrmnt agency for compliance with ry . % 6any applicable land development regulations w AE Cr2r r o ! � qIV. \ 41- 4a« P 'Qd6ddS 1-1A a i 4 YS Ui � C'Id� n / n 3 H m a �oao�g94 q �v2 Al e�7 ff li t of !+"'r� : G .t$ v_}F •ao � she R t � oa3n Cc r vF �n iR Y QN m g 8"g@' 3 sautas m x# a taw exmu I i Book:424 Page: 1193 Seq:9 Rnnk- 494 Pane- 11 fl:2 Pane q of q APPENDIX C: GEOMORPHIC DATA PHOTOGRAPHS CALCULATIONS riffle 94.5 94 93.5 c 93 0 92.5 a� w 92 91.5 91 0 2 4 6 8 10 12 14 16 18 Width (ft) Elevation (ft) Bankfull Dimensions Flood Dimensions Materials 8.0 x -section area (ft.sq.) 19.4 W flood prone area (ft) --- D50 (mm) 11.9 width (ft) 1.6 entrenchment ratio --- D84 (mm) 0.7 mean depth (ft) --- low bank height (ft) 29 threshold grain size (mm): 1.2 max depth (ft) --- low bank height ratio 12.5 wetted parimeter (ft) 0.6 hyd radi (ft) 17.7 width -depth ratio 20 94 93.5 93 92.5 0 co 92 a� w 91.5 91 90.5 0 2 4 6 8 10 12 14 Width (ft) Bankfull Dimensions Flood Dimensions Materials 15.1 x -section area (ft.sq.) --- W flood prone area (ft) --- D50 (mm) 11.9 width (ft) --- entrenchment ratio --- D84 (mm) 1.3 mean depth (ft) --- low bank height (ft) 52 threshold grain size (mm): 2.3 max depth (ft) --- low bank height ratio 13.2 wetted parimeter (ft) 1.1 hyd radi (ft) 9.4 width -depth ratio 96 95 94 c g 93 w 92 91 90 8 riffle 10 12 14 16 18 20 22 24 26 28 Width (ft) Bankfull Dimensions 8.2 x -section area (ft.sq.) 5.3 width (ft) 1.5 mean depth (ft) 2.1 max depth (ft) 7.8 wetted parimeter (ft) 1.0 hyd radi (ft) 3.5 width -depth ratio Flood Dimensions Materials 20.0 W flood prone area (ft) --- D50 (mm) 3.8 entrenchment ratio --- D84 (mm) --- low bank height (ft) 47 threshold grain size (mm): --- low bank height ratio UT to Mary's Branch - XS1 Zigzag Pebble Count Particle Distribution 100 Silt/Clay Sand 90 s0 70 o_ 60 50 V y 40 v 30 20 10 0 0.01 0.1 1 10 100 1000 10000 Particle Class Size (mm) Gravel Cobble Boulder r , r , r Bedrock !i i r 100 90 so 70 0 60 50 V y 40 30 20 10 0 UT to Mary's Branch - XS2 Zigzag Pebble Count Particle Distribution Silt/Clay Sand IT "T 7 Gravel Cobble Boulder Bedrock f f r , i f f 0.01 0.1 1 10 100 1000 10000 Particle Class Size (mm) SIEVE ANALYSIS SUMMARY Largest Particle Size: 35 mm Refer to ASTM D 422-63 "Standard Test Method for Particle -Size Analysis of Soils" L:\Active Projects\005-20285 TIEC Stream Mitigation\Harmon Dairy Site\sediment\SIEVE ANALYSIS - bar sample.xls, Data 6/3/2016 WEI PROJECT NO. 005-20285 SITE OR PROJECT: Harmon Dairy REACH/LOCATION: Bar atXS2 DATE COLLECTED: 4/25/2016 FIELD COLLECTION BY: SEG DATA ENTRY BY: SEG Largest Particle Size: 35 mm Refer to ASTM D 422-63 "Standard Test Method for Particle -Size Analysis of Soils" L:\Active Projects\005-20285 TIEC Stream Mitigation\Harmon Dairy Site\sediment\SIEVE ANALYSIS - bar sample.xls, Data 6/3/2016 RETAINED ON SIEVE PARTICLE CLASS WEIGHT (g) Class Cumulative MATERIAL PARTICLE SIZE (mm) SIEVE SIZE (mm) SIEVE NUMBER Raw Tare Net Silt/Clay <.063 1945.4 367.2 1578.2 38% 38% Very Fine .063 -.125 0.063 #230 0.0 0% 38% o vS v Fine .125 - .25 0.125 #120 0.0 0% 38% A N D ; Medium .25 - .50 0.25 #60 0.0 0% 38% Coarse .50-1.0 0.5 #35 0.0 0% 38% Very Coarse 1.0 - 2.0 1.0 #18 1057.3 479.11 578.2 14% 51% oma Very Fine 2.0-4.75 2.0 #10 1149.3 494.6 654.7 16% 67% � Fine - Medium 4.75 - 12.5 4.75 #a 1375.3 513.0 862.3 21% 87% GRAVEL Medium - Coarse 12.5-25 12.5 1/2 IN 1072.4 541.0 531.4 13% 100% �O Q Oc Coarse 25-45 25 11N 0.0 0% 100% o b Very Coarse 45-64 0.0 0% 100% O COBBLE Small Small 64-90 90-128 0.0 0.0 0% 0% 100% 100% O Large 128-180 0.0 0% 100% C; Large 180-256 0.0 0% 100% Small 256-362 0.0 0% 100% BOULDER Small 362-512 0.0 0% 100% Medium 512-1024 0.0 0% 100% Large - Very Large 1024-2048 0.0 0% 100% BEDROCK Bedrock > 2048 0.0 0% 100% Total 6599.7 2394.9 4204.8 100% Largest Particle Size: 35 mm Refer to ASTM D 422-63 "Standard Test Method for Particle -Size Analysis of Soils" L:\Active Projects\005-20285 TIEC Stream Mitigation\Harmon Dairy Site\sediment\SIEVE ANALYSIS - bar sample.xls, Data 6/3/2016 Site Photographs Harmon Dairy Stream Mitigation Site XS -1, Looking Downstream XS -2, Looking Downstream XS -3, Looking Downstream Channel Trampling, near Sta. 2+50 Channel Incision, near Sta. 6+50 Bank Erosion, near Sta. 8+50 RIFFLE SECTION Right Bank Slope, x:1 Left Bank Slope, x:1 Max Depth (ft) Bottom Width (ft) Area Bankfull Width (ft) Bankfull Depth (ft) W/D ratio Ave Width (ft) _ UT to Mary's Branch Typical Section Design Regional Curve Estimate to d/s end 2.5 DA (sq. mi.) 2.5 NC Mountains (area) 1.2 NC Mountains (discharge) 4 8.4 NC rural Piedmont (area) 10 NC rural Piedmont (discharge) 0.84 1.428571 11.90 USGS 2 year discharge NC Hydro Area 2 Discharge Calculation overall reach Q = 1.49/n R211 5112 A WP (ft) 10.46 R (ft) 0.80 design slope 0.010 Channel n 0.035 Q (cfs) 31 S2 (power) 1.93 yRs = 0.50 psf grain diam, Shields = 30 to 90 mm SEDIMENT DATA 0.27 8.871195 37.2055 8.797303 34.68703 WEI bar sample 1 d84 = 10 mm dloo = 35 mm WEI zz 1 d84 = 57 mm dloo = 110 mm 40 WEI zz 2 d84 = 36 mm dloo = 80 mm 1000 100 E 10 C cz L— I IM 0.1 0.001 0.01 0.1 1 10 Critical Shear Stress {Ibs(sq ft) Appendix D Restoration Pian Harmon Dairy Stream Restoration Polk County, NC for Triangle International Equestrian Center, LLC O Tryon ln— V- -Eque'W" Cerner sZs o \ o ra taox 0 0 �• ,- o soy» O ® O M—.1 o a® 0 E 0 tsxx ,a 4 Green Creek c ..Red Fba C—ny Club Y 0 0 � 0 SITE � `1 (I i t)i iNn S01 I'�LAfiGLIN�" 0 Vicinity Map Not to Scale BEFORE YOU DIG! CALL 1-800-632-4949 N.C. ONE -CALL CENTER IT'S THE LAW! PRELIMINARY PLANS June 9, 2016 Sheet Index Title Sheet 0.1 Project Overview 0.2 General Notes and Symbols 0.3 Typical Sections 1.1 Plan and Profile Sheets 2.1-2.3 Details 3.1-3.3 Project Directory Engineering: Wildlands Engineering, Inc License No. F-0831 167-B Haywood Rd. Asheville, NC 28806 Andrew Bick, PE 828.774.5547 Surveying: Owner: Tryon International Equestrian Center, LLC z � Jo �w ou rmz aw �v d.4 o1. Qzm-��v 1wLLE �W LL A- I 4� N 0 F- U 0 R -t N 0' 40' 80' 120' 3 � S O tt LO N O N in: 845 840 835 830 1+66 2+00 2+50 PROJECT BEGIN STA 1+66 3+00 PROPOSED SOIL LIFT (TVP.) PROPOSED C2 RIFFLE (TVP.) 3+50 4+00 4+50 \ Q EXISTING STREAM CHANNEL ----) ( � PROPOSED SOIL LIFT EXISTING ALIGNMENT WITH BRUS'TYO) �� O 5+00 5+50 845 Q zo��oo t �w 3: �aw I=�o o� Qzm—��v IE hKHW LL 840 835 830 5+g0 PROPOSED BANKFULLG PROFILE U PROPOSED ALONG PROPOSED ALIGNMENT CONSERVATION i -•I 1.4 EASEMENT STA 3+91.51 O 4 � N 0' 2 ELE = 832.32 cz U -Q (VERTICAL) O r 4� N� �w2 • rl 0' 20' 40' TA = 4+97.00 rl (HORIZO-) F•I o LEV = 831.53 PROPOSEDTHALWEG ALONG PROFILE PROPOSED ALIGNMENT J m `� "' " m o^ 00 `� � m ^ O o F 00 F J v' 00 ° w ry v n > + a EXISTING GROUND SURFACE -1.7 ••• '•' •••-••• ALONG PROPOSED ALIGNMENT ••-.... _,,,,�•• w.1 0 -0.4% 2+50 PROJECT BEGIN STA 1+66 3+00 PROPOSED SOIL LIFT (TVP.) PROPOSED C2 RIFFLE (TVP.) 3+50 4+00 4+50 \ Q EXISTING STREAM CHANNEL ----) ( � PROPOSED SOIL LIFT EXISTING ALIGNMENT WITH BRUS'TYO) �� O 5+00 5+50 845 Q zo��oo t �w 3: �aw I=�o o� Qzm—��v IE hKHW LL 840 835 830 5+g0 71 C� 5+00 ..... _.... ,. 1 -- --. *6s •, / PROPOSED BANKFULL '• 7 STA 3+18' •� �•• PROPOSED ALIGNMENT BREAKS PROPOSED ALIGN VENT •� of ( kQ 2+00 .�;.• FROM EXISTING ALIGNMENT S — \ / 3 3 � I �P5 O 90o 8 3 \ O w U PROPOSED CONSERVATION i -•I 1.4 EASEMENT O 4 � N 0' 2 4' 6' cz U (VERTICAL) O r 4� N� �w2 • rl 0' 20' 40' 60' rl (HORIZO-) F•I rW V l i• -I O 71 C� 5+00 ..... _.... ,. 1 -- --. *6s •, / PROPOSED BANKFULL '• 7 STA 3+18' •� �•• PROPOSED ALIGNMENT BREAKS PROPOSED ALIGN VENT •� of ( kQ 2+00 .�;.• FROM EXISTING ALIGNMENT S — \ / 3 3 � I �P5 O 90o 8 3 \ O w PROPOSED CONSERVATION i -•I 1.4 EASEMENT 71 C� 5+00 ..... _.... ,. 1 -- --. *6s •, / PROPOSED BANKFULL '• 7 STA 3+18' •� �•• PROPOSED ALIGNMENT BREAKS PROPOSED ALIGN VENT •� of ( kQ 2+00 .�;.• FROM EXISTING ALIGNMENT S — \ / 3 3 � I �P5 O 90o 8 3 \ O w 840 835 830 825 5+g0 6+00 6+50 7+00 7+50 8+00 8+50 g+00 g+50 m 840 Q z� opo 'o 'o t jwoz �aw �=�mv 0 Qom=wnv IE hKH W LL 835 830 825 10+00 10+30 0' 2' 4' 6' (VERTICAL) S FA = 6+45.80 E EV = 830.73 O 4 � N cz ;••I U O N� • rl STA = 7+30.0 rl m a� W ELEV= 829.8 F + " > ..J � STA = 9+91.00 j v m x ELEV 827.63 F PROPOSED u j ^ iIo 0 BANKFULL PROFILE ALONG PROPOSED F w ¢ > ~ a ,>„ ~ J ' ± m �^ ALIGNMENT w i a w v °+° ,I v vii v a a w a w + ry m + w n o IN N ° + � a w ° w ry + w _..._.._ ° ... ... _. ... -1.4% .. • ._...3_qo PROPOSED -2.30° 'S� -1S% THALWEG PROFILE 0.3% �• ALONG PROPOSED q0 _1 7% 1 3% ALIGNMENT EXISTING GROUND ALONG PROPOSED ALIGNMENT 6+50 7+00 7+50 8+00 8+50 g+00 g+50 m 840 Q z� opo 'o 'o t jwoz �aw �=�mv 0 Qom=wnv IE hKH W LL 835 830 825 10+00 10+30 0' 2' 4' 6' (VERTICAL) 4 o V tt tt C) o CN \ N 0' 20' 40' 60' E m (HORIZO-) 3 V U O 4 � N cz ;••I U O N� • rl rl m a� W � Q ..J � x 0 w 4 o V tt tt C) o CN \ N 0' 20' 40' 60' E m (HORIZO-) 3 V 835 830 825 820 10+30 10+50 11+00 11+50 12+00 12+50 13+00 13+50 , g45. 1 840'x- �C� 1,1N� M A 25 EXISTING WETLAND g35� PROTECT WITH SILT FENCE , l� gRy' • 'END PROJECT �\ se STA 13+83 x RgNcN 830 �3\ PROPOSED SOIL LIFT(TVP.)� 3j\ PROPOSED CHANNEL PLUG(TVP.) Lry PROPOSED BRUSH MATTRESS (TVP.) PROPOSED CONSTRUCTED RIFFLE (TVP.) 13+Op • PROPOSED STREAM ALIGNMENT .•_••'•. •••—••••—•••.... ...—•• PROPOSED BANKFULL v �% 00 830" 835 Q z� ooo �w°o ono o� Q�m> �Z�Q�LLE ✓W LL 830 -825 820 13+83 2 0' 2' 4' 6' (VERTICAL) 0' 20' 40' 60' (HORIZO-) N STA = 10+53.00 D. ELEV= 826.70 + STA = 12+00.10 ory ELEV= 825.25 STA = 12+48.80 STA = 13+00.40 No o I o ELEV= 824.95 ELEV= 824.45 F a w oom wow F w n W F w v ry �o .� v oW F ¢ w F .+ iI w iI w11 w ,� ¢ F w ¢ w ° m N w F w w W �_F �_ w N W w_ iI mN+ N F -� —Q W.N w m. W— ¢ F a PROPOSED BANKFULL PROFILE w F � ALONG PROPOSED ALIGNMENT '400 1.4% _........ _... .._... _..._..._ 33yo -1.7% ... o0 31 � 4.9 EXISTING GROUND ALONG PROPOSED ALIGNMENT PROPOSED THALWEG PROFILE ALONG PROPOSED ALIGNMENT 11+00 11+50 12+00 12+50 13+00 13+50 , g45. 1 840'x- �C� 1,1N� M A 25 EXISTING WETLAND g35� PROTECT WITH SILT FENCE , l� gRy' • 'END PROJECT �\ se STA 13+83 x RgNcN 830 �3\ PROPOSED SOIL LIFT(TVP.)� 3j\ PROPOSED CHANNEL PLUG(TVP.) Lry PROPOSED BRUSH MATTRESS (TVP.) PROPOSED CONSTRUCTED RIFFLE (TVP.) 13+Op • PROPOSED STREAM ALIGNMENT .•_••'•. •••—••••—•••.... ...—•• PROPOSED BANKFULL v �% 00 830" 835 Q z� ooo �w°o ono o� Q�m> �Z�Q�LLE ✓W LL 830 -825 820 13+83 2 0' 2' 4' 6' (VERTICAL) 0' 20' 40' 60' (HORIZO-) N SEE PROFILE FOR LENGTH OF RIFFLE B Q z� quo o tz 32 j w>=�mv o� RIFFLE Qn Z - w HEAD 2F �Z��Z��u5�_u w a LL E HEAD OF RIFFLE ELEVATION z ~ O POINT PER PROFILE k d u A miw wou LL�� FLOW F TOE OF SLOPE (TVP) TAILOF RIFFLE ELEVATION POINT PER PROFILE TOP OF BANK (TVP) "U" Plan View B �O RIFFLE VENEER 24" CLASS I STONE MIX WITH ONSITE RIFFLE INVERT PER PROFILE COBBLE/GRAVEL AND SAND TO FILL VOIDS TOP OF BANK (TVP) U EXTEND STONE TOE EXISTING GROUND 1 Section B-B' WHERE APPLICABLE, SEE DETAIL I--i Const�+ Riffle' RIGHT AND LEFT EDGE OF CHANNEL ructed I�ffle 0.1-0.2HIGHER THAN INVERT Profile A-A' 3.1 Not to Scale Q 4 ;M4U o z � w � EROSION CONTROL DIVERSION BERM MATTING W/ MATTING STAKES ;m4 Q �x-I 2" TOPSOIL TOP OF BANK (BANKFUL /tj BRUSH MATTRESS STAKE LIVE CUTTINGS BANKFULL OR FLOODPLAIN 2 REFER TO TYPICAL SECTIONS ELEVATION COMPACTED MIX OF CLASS 1(75%) BACKFILL 0 .N AND CLASS (25%) STONE; SEE NOTE 6. 4 EROSION CONTROL MATTING WRAPPED AROUND I� TWINE " BASE FLOW 4-6" PER ENGINEER'S DISCRETIO SOIL LIFT i,. 1' SOIL LIFTS TO TOP OF BANK. WILL ONLY REQUIRE TWO LIFTS IN STREAM BED 18"MIN. ,f ELEV. 3" ABOVE \/ POOLAREAS SECTION DOWNSTREAM �/ / QpE \ \• �/' �= RIFFLE INVERT \ O�\\///\/\\ EXISTING GRADE �17 � i BRUSH MATTRESS STAKE �/ /\/\\�\\/ TYPICAL SECTION �I TOE OF SLOPE NATIVE SOIL o" ELEV. 6" BELOW POOL DEPTH DENSELY PACKED COMPACTED BACKFILL TO BRUSHWOODY DEBRIS NATURAL FIBER TWINE 3'TVP GRAVE SAND BACKFILL BRING OLD CHANNEL UP TO DESIGN PROFILE NOTES: A ELEVATION NOTES: TOP OF MATTRESS 3�LACE LIVE CUTTINGS ON GRADED BANK WITH BUTT ENDS 1. OVEREXCAVATE 2' BEYOND TOE OF BANK. EXTENDING TO BASE FLOW WATER SURFACE. Section A�A' 2. DRIVE STAKES HALFWAY INTO BANK BETWEEN CUTTINGS. 2. INSTALL ALTERNATING LAVERS OF LOGS, BRUSH/WOODY WRAPTWINEAROUND STAKES ANDOVER CUTTINGS DEBRIS (SMALL BRANCHES AND ROOTS COLLECTED TIGHTLY. DRIVE STAKES FURTHER TO TIGHTEN TWINE AND SECURE CUTTINGSTO SLOPE. ON-SITE)AND LAVERS OF BACKFILL (BED MATERIAL)TO 3. FILLVOIDS BETWEEN CUTTINGSWITH LOOSE TOPSOIL ,Fl,�.(pl " EROSION CONTROL MATTING FILL ANY VOID SPACE. LIGHTLY COMPACT BRUSH/WOODY E .�•\ :5 LIVE CUTTINGS, SLIGHT CRISS-CROSS SEED AND MULCH SURFACE. Qp gPN DEBRIS LAVER. �H.'_. PATTERN, MIN. 15 STEMS PER SQUARE YARD 4. INSTALL EROSION CONTROL MATTING OVER TOPSOIL, Qp DENSELY PACKED WOODY DEBRIS 3. BRUSH SHOULD BE ALIGNED SO STEMSARE ROUGHLY x TOE OF BANK __ __ _ USING 18 LONG MATTING STAKES. 5. PLACE STONE TOE OVER END OF MATTRESSAND 0 PARALLELAND IS INSTALLED POINTING SLIGHTLY _ m MATTING. UPSTREAM FROM PERPENDICULAR. 6. ON-SITE COBBLE AND GRAVEL MEETING STONE SPECS 4. INSTALL TOPSOIL NEAR TOP OF BRUSH, PLACE LIVE MAY BE SUBSTITUTED FOR IMPORTED STONE. STONE TOE 7. BRUSH CUTTINGS TO BE SAME SPECIES AS LIVE STAKES p� CUTTINGS WITH GOOD CONTACT TO SOIL. N PLAN g(C� 5. INSTALL FILTER FABRIC OVER BRUSH/WOODY DEBRIS TO �Op PREVENT MIGRATION OF SOIL MATERIAL INTO BRUSH. o d — G 'CQgQp 9 p� 6. INSTALL EARTH BACKFILLWRAPPED IN COIR FIBER A BRUSH MATERIAL TO BE INSTALLED `V K� FLUSH WITH BANK ±6" MATTING OVER BRUSH/WOODY LAVERACCORDING TO � o0 2 Brush Mattress p Qpg� TYPICAL SECTION DIMENSIONS. —• 3.1 Not to e 'C 7. SEED, MULCH AND INSTALL EROSION CONTROL MATTING Plan View AND BANK STABILIZATION PER PLANS. 3 Brush Toe with Soil Lift 3 \,Ll Not to Scale BUFFER WIDTH VARIES _ RESTORED CH NNEL SPACING PER PLANTING PLAN Section View O 3 INSERT THE DIBBLE, OR Trees and Shrubs REMOVETHE DIBBLE, OR INSERTTHE DIBBLE, OR PUSH THE DIBBLE, OR S OVEL, STRAIGHT DOWN SHOVEL, AND PUSH THE SHOVEL, SEVERAL INCHES IN SHOVEL, DOWN TO THE ir TO THE SOIL TO THE FULL SEEDLING ROOTS DEEP INTO FRONTOF THE SEEDLING FULL DEPTH OF THE BLADE. DEPTH OF THE BLADE AND THE PLANTING HOLE. PULLTHE AND PUSH THE BLADE Yellow -root P JUL BACK ON THE HANDLE SEEDLING BACK UP TO THE HALFWAY INTO THE SOIL. Tag alder TO OPEN THE PLANTING CORRECT PLANTING DEPTH TWIST AND PUSH THE Witch -hazel OLE. (DO NOT ROCK THE (THE ROOT COLLAR SHOULD BE HANDLE FORWARD TO River Birch SHOVEL BACK AND FORTH 1 TO 3 INCHES BELOW THE SOIL CLOSE THE TOP OF THE SLIT ASTHIS CAUSES SOIL IN THE SURFACE). GENTLYSHAKETHE TO HOLD THE SEEDLING IN PLANTING HOLE TO BE SEEDLING TO ALLOW THE PLACE. COMPACTED, INHIBITING ROOTSTO STRAIGHTEN OUT. ROOTGROWTH. DO NOTTWISTOR SPIN THE SEEDLING OR LEAVE THE ROOTS J -ROOTED. DIBBLE BAR PLANTING BAR SHALL HAVE A BLADE WITH ATRIANGULAR CROSS-SECTION, AND SHALL BE 12 I INCHES LONG, 4 INCHES WIDE AND 1 INCH THICK AT CENTER. ROOTING PRUNING ALL ROOTS SHALL BE PRUNED TO AN APPORIATE LENGTH TO PREVENT J -ROOTING. BUFFER RE! NOTES: 1. ALL SOI LS WITH I N THE BUFFER PLANTING AREA SHALL BE DISKED, AS REQUIRED, PRIORTO PLANTING. 2. ALL PLANTS SHALL BE PROPERLY HANDLED PRIORTO INSTALLATIONTO INSURE SURVIVAL. PULL BACK ON THE HANDLE TO CLOSE THE BOTTOM OF THE PLANTING HOLD. THEN PUSH FORWARD TO CLOSE THE TOP, ELIMINATING AIR POCKETS AROUN D TH E ROOT. Bare Root Planting 3.3 of to cale � Vernal Pool 3.3 of to e IL AND BRUSH. O REMOVETHE DIBBLE, OR SHOVEL, AND CLOSE AND FIRM UP THE OPENING WITH YOUR HEEL. BE CAREFUL TO AVOID DAMAGING THE SEEDLING. Riparian Seeding 3s Not to Scale SEEDING: 1. SEEDBED WILL BE AMENDED WITH TOPSOIL APPLICATION. 2.PH LEVEL OF SOI L SHALL BE 5.5 TO 3. SEEDBED SHALL BE LOOSE AND FREE OF ROCKS AND DEBRIS PRIOR TO SEEDING AND MULCHING 4. FOR PERMANENT SEEDING, REFER TO NOTES ON SHEET 1.1. TEMPORARYAND PERMANENT SEED SHOULD BE APPLIED TOGETHER IF PLANTING DATES ALLOW. MULCHING: 1. 2 TONS PER ACRE 2. GRAIN STRAW PREFERED, NCDOT ALTERNATIVES WILL BE CONSIDERED UPON REQUEST, AS WILL LEAVES 3. SEEDBED SHALL BE LOOSE AND FREE OF ROCKS AND DEBRIS PRIOR TO SEEDING AND MULCHING Temporary Seeding (Do Not Apply Amendments to Stream Banks) Trees and Shrubs (select at least 6 of the following) Scientific Name Common Name Alnus s rrulata Tag alder Cephalanthus occidentalis Buttonbush Hamamelis viginiana Witch -hazel Salixs in Silky willow Spiraea latifolta Meadowsweet Xanthuhiza simplicissima Yellow -root Corylus americana Hazelnut Alnus —lata Tag alder Physocarpus opulifolius Ninebark Hamamelis viginiana Witch -hazel Platanus occidentalis American Sycamore Betula nigra River Birch Quercus m.ha—i 1swarnp Chestnut Oak Riparian Seeding 3s Not to Scale SEEDING: 1. SEEDBED WILL BE AMENDED WITH TOPSOIL APPLICATION. 2.PH LEVEL OF SOI L SHALL BE 5.5 TO 3. SEEDBED SHALL BE LOOSE AND FREE OF ROCKS AND DEBRIS PRIOR TO SEEDING AND MULCHING 4. FOR PERMANENT SEEDING, REFER TO NOTES ON SHEET 1.1. TEMPORARYAND PERMANENT SEED SHOULD BE APPLIED TOGETHER IF PLANTING DATES ALLOW. MULCHING: 1. 2 TONS PER ACRE 2. GRAIN STRAW PREFERED, NCDOT ALTERNATIVES WILL BE CONSIDERED UPON REQUEST, AS WILL LEAVES 3. SEEDBED SHALL BE LOOSE AND FREE OF ROCKS AND DEBRIS PRIOR TO SEEDING AND MULCHING Temporary Seeding (Do Not Apply Amendments to Stream Banks) Riparian Seed Mix Type Stream Banks, Disturbed Buffer and Upland Areas Jan 1 -May 15 Rye Grain Seeding Rate: 20 lb/acre Ground Agricultural Limestone Species Name Common Name Percentage 75C Panicum clandestinum Deer Tongue 2C Andropogon gerardii Big Bluestem 20 Elymus virginicus Virginia wildrye 20 Sorghastrum nutans Indiangrass 20 Chasmanthium latifolium Riker Oats 10 Juncus ettusus Soft Rush 10 Riparian Seeding 3s Not to Scale SEEDING: 1. SEEDBED WILL BE AMENDED WITH TOPSOIL APPLICATION. 2.PH LEVEL OF SOI L SHALL BE 5.5 TO 3. SEEDBED SHALL BE LOOSE AND FREE OF ROCKS AND DEBRIS PRIOR TO SEEDING AND MULCHING 4. FOR PERMANENT SEEDING, REFER TO NOTES ON SHEET 1.1. TEMPORARYAND PERMANENT SEED SHOULD BE APPLIED TOGETHER IF PLANTING DATES ALLOW. MULCHING: 1. 2 TONS PER ACRE 2. GRAIN STRAW PREFERED, NCDOT ALTERNATIVES WILL BE CONSIDERED UPON REQUEST, AS WILL LEAVES 3. SEEDBED SHALL BE LOOSE AND FREE OF ROCKS AND DEBRIS PRIOR TO SEEDING AND MULCHING Temporary Seeding (Do Not Apply Amendments to Stream Banks) Date Type Planting Rahe (Ibs/acre) Jan 1 -May 15 Rye Grain 12C Ground Agricultural Limestone 2,000 20-10-10 Fertilizer 75C Straw Mulch 4,000 May 15 - Aug 15 Browntcp Millet 40 Ground Agricultural Limestone 2,000 20-10-10 Fertilizer 750 Straw Mulch 4,000 Aug 15 - Dec 30 Rye Grain 120 Ground Agricultural Limestone 2,000 20-10-10 Fertilizer 1,000 Straw Mulch 4,000 C H A N N E L E° OS Q O Q - Q FLOW V A A' ABANDONED CHANNEL Plan View EROSION CONTRO^ MAT COMPACTED SELECT SIDE SL TYPICAL ca,.w_ A -A' Channel Plug 3.3 Not to Scale Temporary Seeding and Mulching Not to t)cale NOTE: 1. LIVE STAKES TO BE P LANTED I N AREAS AS SHOWN ON PLANS AND DI RECTED BY THE ENGINEER. 2. 3x3' AVG SPACING (2 STAGGERED ROWS AT TOP OF BANK, AS SHOWN IN PLAN VIEW OF DETAIL) 3. LIVE STAKING SHOULD BE COMPLETED DURING THE DORMANT SEASON, GENERALLY DECEMBER TO APRIL. T ..,«r ­i 1 �, 3'Max(TYp) / CHANNEL BACKFILL LIVE STAKE (TYP) TOP OF BANK to Plan View Live Staking 3.3 Not to 7FaTe TOP OF BANK 71 zd O WO u 2x CONTAINER WIDTH Containerized Planting 3.z Not to Scale Live Stakes Scientific Name Common Name Comus amomum Silky Dogwood Salix sericea Silky Willow Physocarpus opulifolius Ninebark Sambucus canadensis Elderberry Cephalanthus occidentalis Buttcnbush ho w k F m 1/2" TO 2" J a DIAMETER ❑ O � F � ry F �w °ounm6 o� Q�m=wnv IE hK� w LL C E Fi Appendix E Draft Bond COMPENSATORY MITIGATION INSURANCE THIS FORM PROVIDES CLAIMS MADE AND REPORTED COVERAGE. PLEASE READ THE ENTIRE FORM CAREFULLY. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties, and what is and is not covered. Throughout this policy the words "you" and `your' refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as an Insured under this policy. The words "we", "us", and `our' refer to the Company providing this insurance. "You" and "your" do not refer to the Authorizing Agency. Other headings, words and phases that appear in bold have special meaning. Refer to SECTION II - DEFINITIONS. This policy provides Claims Made and Reported Coverage and has Claims reporting requirements. Coverage provided herein only applies to a Claim first made against the Named Insured during the Policy Period, and reported to us in writing during the Effective Coverage Period in which the Claim is made. This policy does not include a duty to defend or to pay defense costs. Notice of a Default or Deficiency Notice is not a Claim and does not trigger coverage under the policy. The application filed and approved Mitigation Banking Instrument, supplemental materials, and information submitted therewith, are the basis of this policy and are incorporated into and constitute a part of this policy. Any materials and information received with the application for the policy will be maintained on file with the Company and shall be deemed to be attached to the policy as if physically attached. As a condition precedent to coverage, it is agreed by all Insureds that the statements made in the application and supplemental materials are representations made on behalf of all Insureds, that they are material, and that this policy is issued by the Company in reliance upon the truth of such representations. In consideration of the payment of the premium and the undertaking of the Insured(s) to pay the Indemnification Obligation set out in the Indemnification Endorsement attached to this Policy, and subject to the Limits of Insurance set out in SECTION IV — LIMITS OF INSURANCE AND DEDUCTIBLE and the Declarations, and the exclusions, conditions, and other terms of this policy, the Company agrees with the Insured(s) as follows: SECTION I — INSURING AGREEMENT To pay on behalf of the Named Insured the amount of Financial Assurances for which the Named Insured becomes legally obligated to pay as a result of a Claim first made against it during the Policy Period, by reason of a Default under a Mitigation Banking Instrument, to which this insurance applies, provided that, as a condition precedent to coverage, the Claim is reported, in writing, to the Company by the Named Insured or by the Authorizing Agency on the Named Insured's behalf during the Effective Coverage Period in which the Claim is first made against the Named Insured. We will have the right to adjust, pay or settle any Claim seeking Financial Assurances as described in Section V. Reporting, Adjustment & Settlement; and We may at our discretion investigate any Default and settle any Claim that may result. But: 1) The amount we will pay for Financial Assurances under this policy is limited as described in SECTION IV. LIMITS OF INSURANCE AND DEDUCTIBLE; and 2) Our obligation to adjust or pay any Claim under an Effective Coverage Period ends when we have paid the limit of insurance applicable to that Effective Coverage Period, in the payment or settlement of Financial Assurances. ® 2018 by Berkley Specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company Afl rights reserved. CMI XXXX 04 16 Page 1 of 9 SECTION II - DEFINITIONS 1. Adaptive Management Plan means the development of a management strategy that results in a written plan as defined in33.CFR 332,4(c)(12) that anticipates likely challenges associated with Compensatory Mitigation Projects and provides for the implementation of actions to address those challenges. 2. Authorizing Agency — means the Department of the Army, the District Engineer, or other person, entity or agency designated by the Department of the Army, that retains the sole and final authority under 33 CFR 332 to negotiate, determine, approve and enforce the terms of the Mitigation Banking Instrument, and any other documents established thereunder 3. Claim means a written demand received by the Named Insured from the Authorizing Agency, or a claim submitted by the Authorizing Agency on the Named Insured's behalf seeking payment of Financial Assurances as a result of a Default under the Mitigation Banking Instrument. 4. Compensatory Mitigation as defined in 33 CFR 332.2 means the restoration (re-establishment or rehabilitation), establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved. 5. Compensatory Mitigation Project means the site or sites scheduled in the Declarations to the Policy at which the Named Insured is implementing a Mitigation Plan approved by the Authorizing Agency under 33 CFR 332. 6. Default means a written and final determination made by the Authorizing Agency that the Named Insured has failed to successfully implement the Mitigation Plan, in accordance with the Performance Standards, at a Compensatory Mitigation Project site scheduled in the Declarations to this policy, but only if such determination is made following: (1) a period of time more than one year (or shorter period as determined by the Authorizing Agency in accordance with law) after the Authorizing Agency has issued a Deficiency Notice during the policy period or effective coverage period for that Mitigation Plan or Compensatory Mitigation Project site, and (2) the Named Insured's best efforts to mitigate any deficiencies noticed by the Authorizing Agency in any prior Deficiency Notice for that Mitigation Plan or Compensatory Mitigation Project site and to prevent the Default; Default shall not include any determination by the Authorizing Agency that the Named Insured has failed to comply with, or breached, any other term or condition of the Mitigation Banking Instrument or other document thereunder, other than the Performance Standards in a Mitigation Plan for a Compensatory Mitigation Project site scheduled in the Declarations to this policy, or any resultant suspension or termination of the Mitigation Banking Instrument as a result of such non-compliance or breach. 7. Deficiency Notice means a written notice issued by the Authorizing Agency to the Named Insured: (1) advising that it is not progressing towards, or on track to, or meeting the Performance Standards set out in a Mitigation Plan for a Compensatory Mitigation Project site; and (2) requesting that the Named Insured implement measures to correct the deficiencies, including but not limited to implementation of an Adaptive Management Plan, or modifications to the existing Mitigation Plan, and ® 2016 by Berkley specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company, All rights reserved. CMI XXXX 04 16 Page 2 of 9 (3) modifying, decreasing or suspending credit sales of the Mitigation Bank until the Named Insured successfully completes measures to correct deficiencies in the implementation of a Mitigation Plan for a Compensatory Mitigation Project site. 8. Effective Coverage Period means the annual term set forth in the Declarations; 9. Financia[ Assurances means the amount of reasonable and necessary costs to remedy a Default determination by the Authorizing Agency, which amount shall be determined by the lesser of the following: a. Mitigation Expenses required to successfully complete the Compensatory Mitigation at the Compensatory Mitigation Project site from which the Default has been determined; or b. Mitigation Expenses required to provide replacement Compensatory Mitigation at another site; or c. the actual costs to purchase replacement mitigation credits from another mitigation bank and any legal fees associated with the purchase; Mitigation Expenses under (a) and (b) above means the direct costs of engineers, contractors and subcontractors, to design, plan, engineer, construct, and implement the Compensatory Mitigation work at the site, exclusive of profit or markup of any kind by, or in favor of, the Named Insured. Direct costs may include reasonable administrative and management costs incurred by such engineers, contractors, and subcontractors, but only to the extent such costs are directly and exclusively allocable to the actual Compensatory Mitigation work being performed at the site, Mitigation Expenses under (b) above includes the cost to acquire a replacement property and includes legal fees associated with the acquisition. Mitigation Expenses under (a) and (b) above shall not include (i) any costs for insurance or bonds, including those costs attendant to securing and reporting in connection with such insurance and bonds (ii) legal fees of any kind, except those noted in (b) and (c) above, and (iii) cost related to reporting and other obligations under this policy, (iv) any costs, charges or expenses (including salaries, benefits, or fringes) of the Named Insured, unless such costs are directly attributable to the implementation of the tasks and activities for the Compensatory Mitigation and the Company has approved and consented to the work and costs prior to them being incurred. 10. Insured means: (a) The Named Insured but only with respect to Liability incurred from the default of a Mitigation Banking Instrument to which this insurance applies; (b) The Named Insured's current or former members and partners, and their spouses, but only with respect to liability incurred from the Named Insured's Default of a Mitigation Banking Instrument, to which this insurance applies; (c) The Named Insured's current or former directors, executive officers, and stockholders, and their spouses, but only with respect to liability incurred from the Named Insured's Default of a Mitigation Banking Instrument, to which this insurance applies; 0 2016 by Berkley Specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company. All rights reserved. CMI XXXX 04 16 Page 3 of 9 11. Mitigation Bank means the site, or suite of sites, where aquatic resources are being restored, reestablished, rehabilitated, established, created, enhanced, and/or preserved as part of the Compensatory Mitigation Project governed by the Mitigation Banking Instrument as shown on the Covered Location Endorsement. 12. Mitigation Banking Instrument means the legal document scheduled in the Declarations to this policy, provided that such plan is prepared, approved, filed, and documented in compliance with applicable law. 13. Mitigation Plan means the plan prepared by the Named Insured per 33 CFR 332.4 c(2) through c(14), and approved by the Authorizing Agency, for Compensatory Mitigation to be performed at each Compensatory Mitigation Project site as shown on the Covered Location Endorsement. 14. Named Insured means the entity listed in the Declarations to this policy that has executed the approved Mitigation Banking Instrument. 15. Policy Period means the period set forth in the Declarations, or any shorter period arising as a result of cancellation or termination of the policy. 16. Performance Standards as defined in 33 CFR 332.2 means observable or measurable physical (including hydrological), chemical and/or biological attributes that are used to determine if a Compensatory Mitigation Project meets its objectives. SECTION III — EXCLUSIONS This insurance does not apply to Claims, Defaults, or Financial Assurances based upon, arising out of, or relating to: 1. Liability assumed by the Named Insured under any contract or agreement, including but not limited to liability for payment of attorneys fees, termination fees, consequential or liquidated damages, or liabilities of another pursuant to any indemnification agreement, except for liability to pay Financial Assurances as a result of a Default under a Mitigation Banking Instrument. 2. Any legal fees, costs, or expenses (including expert or consultant fees) incurred in the defense of any liability or obligation of the Named Insured for any reason. 3. Fluctuation in, short fall of, or devaluation of, the monetary value of, or marketability of, mitigation credits (or other equivalent credits), or of any real property, including a site at which Compensatory Mitigation is being performed, or is planned to be performed, under the Mitigation Banking Instrument. SECTION IV — LIMITS OF INSURANCE AND DEDUCTIBLE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay on behalf of the Named Insured regardless of the number of Defaults, Claims, Financial Assurances, Mitigation Plans, or Compensatory Mitigation Project sites, regardless whether the indemnification is received from an Insured. 2. The "Total All Claims" Limit set forth in the Declarations is the most we will pay on behalf of the Named Insured for Financial Assurances as a result of all Claims first made against the Named Insured during the scheduled Effective Coverage Period, and reported in writing to us, during that same scheduled Effective Coverage Period, regardless whether the indemnification is received from an Insured. ® 2016 by Berkley specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company. All rights reserved. CMI XXXX 04 16 Page 4 of 9 3. Subject to item 2 above, the "Per Claim" Limit set forth in the Declarations is the most we will pay on behalf of the Named Insured for Financial Assurances as a result of any one Claim first made against the Named Insured during the scheduled Effective Coverage Period, and reported in writing to us, during that same scheduled Effective Coverage Period, regardless whether the indemnification is received from an Insured. Subject to items 2 and 3 above, the maximum Limits of Insurance we will pay for any Claim made during a scheduled Effective Coverage Period shall be the limits corresponding to the scheduled Effective Coverage Period stated in the Declarations, in which the Claim is first made against the Named Insured and reported to us in writing.At the end of each Effective Coverage Period, the limit of insurance shall expire and will no longer be available for payment of any new or additional Claim not already made against the Named Insured and reported to us in writing before expiration of the Effective Coverage Period. Any indemnification to us from any Insured does not reinstate any limits of insurance. At the end of each Effective Coverage Period, the limit of available insurance shall also be replaced by the "Per Claim" Limit and "Total All Claims" Limit scheduled in the subsequent Effective Coverage Period. 1. One or more Claims made against the Named Insured, and reported in writing to the Company, that arise out of the same, interrelated, repeated, or associated Defaults in a single Mitigation Plan, or at a single Compensatory Mitigation Project site, shall be considered a single Claim, and the Company's total liability for Financial Assurance from that Claim shall be subject to the Limits of Insurance corresponding to the "Per Claim" Limit for the Effective Coverage Period set forth in the Declarations (or any reduced or modified Limit established by endorsement to this policy) and effective at the time the initial Claim was first made against the Named Insured and first reported in writing to the Company. 2. The "Per Claim" Deductible set forth in the Declarations for each Effective Coverage Period shall apply to each and every Claim first made against the Named Insured, and reported to us in writing, during that Effective Coverage Period. The "Total All Claims" Deductible set forth in the Declarations for each Effective Coverage Period shall apply in the aggregate for all Claims first made against the Named Insured, and reported to us in writing, during that Effective Coverage Period. The Deductible amount shall be the Insured's obligation to pay and shall apply to all payments the Company makes under the policy. While payment for Claims is included within the respective Deductible Amounts set forth in the Declarations, the Insured(s) shall immediately reimburse the Company for any payment advanced against a Deductible Amount, The Deductible amount applies to all payments the Company makes under this Policy and shall reduce the available and payable Limits of Insurance set forth in the Declarations (or in any endorsement to this Policy which modifies that Limit). SECTION V — REPORTING ADJUSTMENT & SETTLEMENT 1. NOTICE OF A DEFICIENCY The Named Insured shall provide written notice to the Company as soon as possible of any Deficiency Notice received by the Named Insured from the Authorizing Agency. The Named Insured shall forward to the Company a copy of the Deficiency Notice and any other communication or information related thereto, including the following: a) Details of the Compensatory Mitigation Project site and Mitigation Plan for which the Deficiency Notice was received; ® 2016 by Berkley Specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company. All rights reserved. CMI XXXX 04 16 Page 5 of 9 b) The Named Insured's plan to remedy the deficiencies noted by the Authorizing Agency, including any planned modifications to the Mitigation Plan and/or its Adaptive Management Plan in order to prevent a Default under the Mitigation Banking Instrument. c) Any other information necessary for the Company to understand the circumstances surrounding the Deficiency Notice and/or the Named Insured's plan to meet the applicable Performance Standards and prevent a Default under the Mitigation Banking Instrument. The Named Insured shall have the duty to use its best efforts to mitigate a Deficiency Notice in order to prevent a Default under the Mitigation Banking Instrument. The Company shall have the right to investigate any Deficiency Notice. The Named Insured shall cooperate with the Company's investigation, and make available upon the Company's request, documents for review and personnel for interview, all without charge to the Company. Notice of a Deficiency is not a Claim and shall not trigger coverage under the policy. 2. NOTICE OF A DEFAULT or CLAIM The Named Insured shall provide immediate written notice to the Company of any Claim made against the Named Insured, or of any determination by the Authorizing Agency that the Named Insured is in Default of the Mitigation Banking Instrument. The Named Insured shall immediately forward to the Company every demand, notice, or other communication related to the Claim or the determination of Default as well as the following information: a) Details of the Compensatory Mitigation Project site and Mitigation Plan determined to be in Default and for which the Claim is being made; b) An explanation of the events and circumstances leading to the Default, including the specific basis and reasons upon which the Default has been determined; c) A description of the mitigation efforts undertaken to prevent or cure the Default (and the deficiencies leading thereto), including a detailed description of the amount of funds expended and the type of activity conducted; d) An estimate of the costs necessary to cure the Default; e) Any other information necessary for the Company to understand the circumstances surrounding the Default or Claim. The Company shall have the right to investigate any Default or Claim noticed under the policy. The Named Insured shall cooperate with the Company's investigation and upon the Company's request, shall assist in the investigation and settlement of the Claim, and make available to the Company, documents for review and personnel for interview, all without charge to the Company. Notice of a Default is not a Claim and shall not trigger coverage under the policy. In the event that the Authorizing Agency first provides written notice of a Claim to the Company, the Company may investigate and pay or adjust such claim as provided herein in its sole discretion without any duty to make inquiry of the Insured with respect to the Claim, and such payment or adjustment shall reduce the Limits of Liability remaining under the policy. The Insured shall not be released from any of its obligations to the Company under this policy by virtue of any such payment or adjustment, including its duties to indemnify the Company. 3. CLAIM ADJUSTMENT and SETTLEMENT The Insured(s) agree that that the Company shall have the right to adjust, pay or settle any Claim, to which this insurance applies, at its sole discretion, without the Insureds) consent, subject to the ® 2016 by Berkley Specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company. All rights reserved, CMI XXXX 04 16 Page 6 of 9 available and remaining Limits of Insurance for the applicable Effective Coverage Period, and that such adjustment, payment, or settlement may include, but not be limited to, the following actions: 1) Payment of Financial Assurances to a designee or standby trust, as directed by the Authorizing Agency, for distribution by such designee or trustee in accordance with the Authorizing Agency's instructions, pursuant to the Authorizing Agency's authority under the Mitigation Banking Instrument and/or 33 CFR 332; or 2) Payment of Financial Assurances to a replacement contractor, as designated and retained by the Authorizing Agency or its designee (subject to the Company's written consent and approval), to either perform replacement Compensatory Mitigation at another site or to complete the Compensatory Mitigation at the Compensatory Mitigation Project site from which the Default has been determined; The Company may make such inquiries and investigations of the Claim as it deems expedient, including inquiries to the Named Insured or the Authorizing Agency regarding the Claim, and payment of Financial Assurances. The Insured(s) agree that no Claim or Financial Assurances will be paid without the prior written consent and approval of the Authorizing Agency, and that the Company shall incur no liability to the Insured(s) resulting from such inquiries and/or resulting from the non-payment of any Claim or Financial Assurances for which the Authorizing Agency has not consented and/or approved. The Insured(s) shall not admit liability or settle any Claim without the Company's consent. The Insured(s) shall not be released from any of their duties or obligations to the Company under this policy by virtue of any payment or adjustment of a Claim by the Company, including the Insured(s) duties to indemnify the Company. SECTION VI — CONDITIONS 1. LEGAL ACTION AGAINST THE COMPANY No action shall lie against the Company unless, as a condition precedent thereto, there shall have been full compliance with all of terms of this policy, nor until the amount of the Named Insured's obligation to pay shall have been finally determined either by judgment against the Named Insured after actual trial or by written agreement of the Named Insured, the Authorizing Agent and the Company. No person or organization shall have any right under this policy to join the Company as a party to any action against any Insured to determine the Insured's liability, nor shall the Company be impleaded by any Insured or his legal representative. 2. TRANSFER OF POLICY Your rights and duties under this policy may not be assigned or transferred without our written consent. 3. BANKRUPTCY Bankruptcy or insolvency of the Named Insured will not relieve the Company of its obligations under this policy, nor shall it relieve the Insured(s) of their indemnification obligations to the Company. 4. CANCELLATION AND TERMINATION a. The Company may cancel the policy by mailing to the Named Insured at the last known address and the Authorizing Agency written notice of not less than One Hundred and Twenty days (120) thereafter such cancellation shall be effective. The notice shall include the reason for cancellation which may include: i. The policy is no longer needed; ii. Non-payment of premium; iii. Fraud, material misrepresentation or intentional concealment of information which increases the risk originally Insured; or CD 2016 by Berkley Specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company. All rights reserved. CMI XXXX 04 16 Page 7 of 9 iv. The Insured's failure to comply with the terms and conditions of this policy including the failure to pay any deductible, indemnification or premium when due. b. Upon release in writing by the Authorizing Agency pursuant to applicable law, the Insured may cancel the policy by mailing or delivering written notice to us stating when the cancellation shall be effective. Termination by other than cancellation: The policy may terminate without the approval of the Authorizing Agency at the earlier of: 1) The expiration date of the policy as shown in item 2. of the Declarations page; 2) A written acknowledgement, certification or other legally equivalent determination by the Authorizing Agency that Mitigation Bank has closed after having met the performance standards set forth in the Mitigation Banking Instrument. Cancellation or termination of the policy shall be subject to release of the company by the Authorizing Agency. Upon the effective date of such release all obligations on the part of the Company hereunder shall automatically cease and neither the Authorizing Agency nor the Insured shall have further recourse against the Company with respect to unpaid Financial Assurances including existing or future liabilities or obligations arising from claim(s) previously reported or pending under the Policy. 5. CHANGES Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or change in any part of this Policy or estop the Company from asserting any right under the terms of this Policy; nor shall the terms of this Policy be waived or changed, except by endorsement issued by the Company to form a part of this Policy. 6. CHOICE OF LAW The Named Insured and the Company agree that all matters or disputes arising hereunder, including any questions relating to the validity, interpretation, performance, and enforcement of this policy, the meaning, interpretation or operation of any term, condition, definition or provision, or the fulfillment of any party of any obligation with respect to the policy, shall be determined in accordance with the law and practices of the State of New York without giving effect to New York conflict of law principles. 3. COOPERATION The Insured shall cooperate with the Company, and offer all reasonable assistance in the Company's investigations. The Company may require that the Insured submit to examination under oath, and attend hearings, depositions and trials. In the course of investigation, the Company may require written statements or the Insured's attendance at meetings with the Company. The Insured must assist the Company in effecting settlement, securing and providing evidence and obtaining the attendance of witnesses. 4. COVERAGE TERRITORY The coverage provided under this policy shall only apply to Mitigation Banks located within the United States of America. 5. AUDIT AND INSPECTION a) We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three (3) years after the end of the policy period; b) we may be permitted but not obligated to, interview persons employed by you; or Q 2016 by SerMey Specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company. All rights reserved. CMI XXXX 04 16 Page 8 of 9 c) we shall be permitted but not obligated to inspect, sample and monitor the Named Insured's Mitigation Bank during the policy period or any time thereafter. Neither our right to make inspections, sample and monitor nor the actual undertaking thereof nor any report thereon shall constitute an undertaking, on behalf of the Named Insured or others, to determine or warrant that the Mitigation Bank or operations are safe, healthful, or conform to acceptable engineering practice or are in compliance with any law, rule or regulation. The Named Insured agrees to provide appropriate personnel to assist our representatives during any inspection. 6. OTHER INSURANCE a. This insurance is primary, except when b. below applies. b. This insurance is excess: 1) When stated in the Declarations to apply in excess of, or contingent upon the absence of, other appropriate instruments; or 2) Over any other bonds, reserves, escrows, trust funds, credits, or valid and collectible insurance available to the Named Insured to cover Claims for Financial Assurances under the Mitigation Banking Instrument; or 3) Over any other appropriate instruments applicable to cover Claims for Financial Assurances under the Mitigation Banking Instrument. When this insurance is excess over other valid and collectible appropriate instruments, the Company shall be obligated to pay only its share of the applicable amount and shall not contribute with such instruments. The Insured shall promptly, upon the request of the Company, provide the Company with copies of all such instruments or documentation. 7. SOLE AGENT The Named Insured shown in the Declarations shall act on behalf of, and serve as the sole agent for, all Insureds with respect to the return or payment of any premiums, the issuance by the Company of the policy, the receipt or acceptance of any endorsements issued to form a part of the policy, or the receiving of any notices from the Company required by this policy. 8. SUBROGATION In the event of any payment under this Policy by the Company, the Company shall be subrogated to all of the rights of recovery that any Insured(s) may have against any person or organization and the Insured(s) shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured(s) shall do nothing to prejudice such rights. ® 2016 by Berkley Specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company. All rights reserved, CMI XXXX 04 16 Page 9 of 9 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. INDEMNIFICATION ENDORSEMENT COMPENSATORY MITIGATION INSURANCE In consideration of the premium charged, and notwithstanding anything contained in this Policy to the contrary, it is hereby understood and agreed that SECTION VI — CONDITIONS is modified by the addition of the following: INDEMNIFICATION AGREEMENT The Named Insured(s) agree to indemnify, release and hold the Company harmless for any payments the Company makes under this policy, and for the costs, fees, and expenses the Company incurs related to the administration of, or disputes over, any such payments. The indemnified amounts shall include: 1. Financial Assurances paid by the Company; and/or 2. Deductible amounts advanced by the Company; and/or 3. The costs of obligations that the Company may incur by reason of having issued the Policy; and/or 4. Costs, fees and expenses (including fees of attorneys, experts, or consultants) resulting from the investigation, defense, or prosecution of any lawsuit, legal action, complaint, or other legal proceeding, arising out of payments demanded or made under the policy, or out of any dispute between the Insured(s) and the Authorizing Agency regarding any payment demanded or made, or out of any legal action by the Company to secure or attempt to secure any Claim or Policy release resulting therefrom. 5. Claims handling expenses, which in the event of a Claim shall be calculated as 12% of the sum of payments for Financial Assurances made pursuant to the Policy. 6. Any legal fees to effectuate the indemnification agreement. When the Insured(s) obligation to pay for indemnified amounts pursuant to the policy become due, the Company shall make a demand in the form of a written invoice for the indemnification amount to the Insured(s) and issue it to the Named Insured's address as stated in the Declarations to the Policy. The Insured(s) agree to pay the full amount of the invoice within thirty (30) days of its issuance. If the Company has not received full payment from the Insured(s) within thirty (30) days of issuance of the Company's written invoice, interest shall accrue at the annual rate equal to the current prevailing prime interest rate as published in the Wall Street Journal plus 200 basis points until full payment is received by the Company. If partial payment is received by the Company the aforementioned interest rate shall apply to that portion which remains outstanding until the full payment is received by the Company. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations, nor shall the indemnification reinstate any limit of insurance. Authorized Representative of the Named Insured: Notary Public: ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ® 2016 by Berkley Specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company. All rights reserved. CMI XXXX 04 16 Page 1 of 2 C 2016 by Berkley Specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company - All rights reserved CMI XXXX 04 16 Page 2 of 2 INTERLINE IL 12 02 01 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ CAREFULLY OFFICE OF FOREIGN ASSET CONTROL (OFAC) EXCLUSION ENDORSEMENT No insurer shall be deemed to provide cover and no insurer shall be liable to pay any claire or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose that insurer to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions laws or regulations of the European Union, United Kingdom or the United States. IL 12 02 01 16 Page 1 of 1 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. SERVICE OF SUIT Pursuant to any statute of any state, territory or district of the United States which makes provision therefore, we hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the Statute, or his successor or successors in office, as our true and lawful attorney upon whom may be served any lawful process in any action, "suit" or proceeding instituted by or on behalf of you or any beneficiary hereunder arising out of this contract of insurance, and hereby designate the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof. It is further agreed that service of process in such "suit" may be made upon Michael Kilgas, or his nominee of the Company at 7233 Past Butherus Drive, Scottsdale, Arizona 85280 and that in any "suit" instituted against any one of them upon this policy, we will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. It is agreed that in any state requiring a standard form of policy, insurance hereunder on values or properties in such state shall attach and cover in accordance with the terms and conditions of such standard form. S020 (04-05) Page 1 of 1 bERKLEY ENVIRONMENTAL a dlvislon of Berkley Specialty Underwriting Managers Claim Services By knowing your industry and speaking your language, our claim professionals can focus an meeting your unique business needs and offeryou the superior claim service you deserve through responsible claim management and aggressive mitigation. We are confident our dedicated teams of claim professionals will add value to your organization and help you succeed in accomplishing your risk management objectives. Reporting a Claim It is vitally important that you contact us as soon as possible when an accident happens. When an accident takes place, you can call, fax or email us. Under all circumstances, you must follow the claim reporting requirements of your policy including, but not limited to, providing us written notice of the claim. Automobile Claims Phone: (201) 746-3111 Fax: (866)343-5724 Email: Environmental.auto.claims @berkleysum.com Mailing Address: 101 Hudson Street 17th Floor, Suite 1700 Jersey City, NJ 07302 General Liability And Professional Liability Claims Phone: (201) 748-3111 Fax: (866) 343-5724 Email: Environmental.liability.claims @berkleysum.com Mailing Address: 101 Hudson Street 171h Floor, Suite 1700 Jersey City, NJ 07302 Workers Compensation Claims Phone: (800) 449-2024 Fax: (866) 303-1404 Email: Environmental.wc.claims @berkleysum.com Mailing Address: PO Box 141299 Irving, TX 75014-1233 Street Address: 600 E. Las Colinas Blvd, Suite 1400 Irving, TX 75039 Berkley Environmental Support Team (BEST) We understand environmental spills and releases can be extremely stressful events. That's why we're proud to offer you a free fully staffed 24 hour — 7 day a week emergency response call center staffed with experienced professionals with a national network of emergency response providers able to file agency spill notifications. Call (877) 900-5645 to report your environmental spill or release. BERKLEY SPECIALTY UNDERWRITING MANAGERS PROVIDING INNOVATIVE SOLUTIONS www.berkleysum.com Environmental Claims Phone: (201) 748-3111 Fax: (666) 343-5724 Email: Environmental. liability.claims@berkleysum.com Mailing Address: 101 Hudson Street 17th Floor, Suite 1700 Jersey City, NJ 07302 In Case of Emergencies, Weekends or Holidays Phone: (877) 900-5645 THE MATERIAL IN THIS PUBLICATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BEA REPRESENTATION OF COVERAGE THAT MAY EXIST IN ANY PARTICULAR SITUATION UNDER A POLICY ISSUED BY A MEMBER COMPANY OF BERKLEY SPECIALTY UNDERWRITING MANAGERS OR ITS AFFILIATES. ALL CONDITIONS OF COVERAGE, TERMS AND LIMITATIONS ARE DEFINED AND PROVIDED FOR IN THE POLICY. PROGRAMS OR PRODUCTS MAY NOT BE AVAILABLE IN ALL STATES AND POLICY FEATURES MAY VARY BY STATE. ENV DIR CLAIMS 03 13 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. WILMINGTON DISTRICT AMENDATORY ENDORSEMENT COMPENSATORY MITIGATION INSURANCE POLICY In consideration of the premium charged, and notwithstanding anything contained in this policy to the contrary, it is hereby understood and agreed that the following changes apply: Section II — DEFINITIONS, Item 6. is hereby deleted and replaced by the following: 6. Default means a written and final determination made by the Authorizing Agency that the Named Insured has failed to successfully complete construction activities and/or Performance Standards, as applicable, in accordance with the Mitigation Plan, at a Compensatory Mitigation Project site scheduled in the Declarations to this policy, but only if such determination is made following: (1) a period of time of more than one year (or shorter period as determined by the Authorizing Agency) after the Authorizing Agency has issued a Deficiency Notice during the policy period or effective coverage period for that Mitigation Plan or Compensatory Mitigation Project site, and (2) the Named Insured's best efforts to mitigate any deficiencies noticed by the Authorizing Agency in any prior Deficiency Notice for that Mitigation Plan or Compensatory Mitigation Project site and to prevent the Default; Default shall not include any determination by the Authorizing Agency that the Named Insured has failed to comply with, or breached, any other term or condition of the Mitigation Banking Instrument or other document thereunder, other than the construction activities and/or Performance Standards, as applicable in a Mitigation Plan for a Compensatory Mitigation Project site scheduled in the Declarations to this policy, or any resultant suspension or termination of the Mitigation Banking Instrument as a result of such non-compliance or breach. Default shall also not include any delay or failure of the Insured if and to the extent that such delay or failure is primarily caused by any act, event, or conditions beyond the Insured's reasonable control and significantly adversely affects its ability to perform its obligations hereunder including: (1) acts of God, lightning, earthquake, fire, landslide, or interference by third parties; (ii) condemnation or other taking by any governmental body; (iii) change in applicable law, regulation, rule, ordinance or permit condition, or the interpretation or enforcement thereof; (iv) any order, judgment, action or determination of any federal, state or local court, administrative agency or government body; or (v) the suspension or interruption of any permit, license, consent, authorization or approval. If the performance of the Insured is affected by any such event, the insured shall give written notice thereof to the district engineer and interagency review committee as soon as is reasonably practicable. If such event occurs before the issuance of a close out letter, the Insured shall take remedial action to the extent necessary and appropriate as determined by the district engineer, in consultation with the interagency review committee, to restore the property to its condition prior to such event and as defined in each approved Mitigation Plan. Such remedial action shall be taken by the Sponsor only to the extent necessary and appropriate, as determined by the interagency review committee. Il. Section II -- DEFINITIONS, Item 7. is hereby deleted and replaced by the following: 7. Deficiency Notice means a written notice issued by the Authorizing Agency to the Named Insured: (1) advising that it is not progressing towards, or on track to, successfully complete construction in accordance with the Mitigation Plan for a Compensatory Mitigation Project site; and C 2017 by Berkley Specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company. All rights reserved. Page 1 of 3 (2) requesting that the Named Insured implement measures to correct the deficiencies, including but not limited to implementation of an Adaptive Management Plan, or modifications to the existing Mitigation Plan, and/or (3) modifying, decreasing or suspending credit sales of the Mitigation Bank until the Named Insured successfully completes measures to correct deficiencies in the implementation of a Mitigation Plan for a Compensatory Mitigation Project site. Ill. Section Ill — EXCLUSIONS, Item 1. is hereby deleted. IV. Section V — REPORTING, ADJUSTMENT & SETTLEMENT, Item 3. CLAIM ADJUSTMENT and SETTLEMENT is hereby deleted and replaced with the following: 3. CLAIM ADJUSTMENT and SETTLEMENT The Insured(s) agree that that the Company shall have the right to adjust, pay or settle any Claim, to which this insurance applies, at its sole discretion, without the Insured(s) consent, subject to the available and remaining Limits of Insurance for the applicable Effective Coverage Period, and that such adjustment, payment, or settlement may include, but not be limited to, the following actions: 1 } Payment of Financial Assurances to a designee or standby trust, approved by the Authorizing Agency, for distribution by such designee or trustee to complete the Compensatory Mitigation in accordance with the Insured's legal responsibility under the Mitigation Banking Instrument and/or 33 CFR 332; or 2) Payment of Financial Assurances to a replacement contractor, approved by the Authorizing Agency to either perform replacement Compensatory Mitigation at another site or to complete the Compensatory Mitigation at the Compensatory Mitigation Project site from which the Default has been determined. The Company may make such inquiries and investigations of the Claim as it deems expedient, including inquiries to the Named Insured or the Authorizing Agency regarding the Claim, and payment of Financial Assurances. The Insured(s) agree that no Claim or Financial Assurances will be paid without the prior written consent and approval of the Authorizing Agency, and that the Company shall incur no liability to the Insured(s) resulting from such inquiries and/or resulting from the non-payment of any Claim or Financial Assurances for which the Authorizing Agency has not consented and/or approved. The Insured(s) shall not admit liability or settle any Claim without the Company's consent. The Insured(s) shall not be released from any of their duties or obligations to the Company under this policy by virtue of any payment or adjustment of a Claim by the Company, including the Insured(s) duties to indemnify the Company. V. Section VI — CONDITIONS, Item 5. CHANGES is hereby deleted and replaced with the following: 5. CHANGES Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or change in any part of this Policy or estop the Company from asserting any right under the terms of this Policy; nor shall the terms of this Policy be waived or changed, except by endorsement issued by the Company to form a part of this Policy with the prior approval of the Authorizing Agency. m 2017 by Berkley specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company. All rights reserved. Page 2 of 3 VI. Section VI — CONDITIONS, Item 6. CHOICE OF LAW is hereby deleted and replaced with the following: CHOICE OF LAW The Named Insured and the Company agree that all matters or disputes arising hereunder, including any questions relating to the validity, interpretation, performance, and enforcement of this policy, the meaning, interpretation or operation of any term, condition, definition or provision, or the fulfillment of any party of any obligation with respect to the policy, shall be determined in accordance with the law and practices of the State of New York. However, this does not apply to the Army Corp of Engineers. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. O 2017 by Berkley Specialty Underwriting Managers LLC, an afriliate of Nautilus Insurance Company and Great Divide Insurance Company. All rights reserved. Page 3 of 3 .��� +� ��� �,..h, ', ��+-. �r ;'. ,.{,."Y • p.'r`+ � _ �, fir' ��:,`r. 1p� ;r r ;tea_ s14 Table of Contents 1.0 PROJECT SUMMARY................................................................................................. 2 1.1 Project Objectives................................................................................................ 2 2.0 SITE SELECTION......................................................................................................... 2 3.0 SITE PROTECTION INSTRUMENT..............................................................................3 4.0 BASELINE INFORMATION......................................................................................... 3 4.1 Location................................................................................................................3 4.2 Existing Site Conditions....................................................................................... 3 5.0 DETERMINATION OF CREDITS.................................................................................. 4 6.0 MITIGATION WORK PLAN AND MANINTENANCE PLAN ......................................... 5 6.1 Design Approach.................................................................................................. 5 6.2 Construction Schedule......................................................................................... 6 6.3 Erosion and Sediment Control Measures........................................................... 6 6.4 Stream Bank and Floodplain Re-Vegetation....................................................... 7 6.5 Invasive Species Control...................................................................................... 7 6.6 Maintenance Plan................................................................................................ 7 7.0 PERFORMANCE STANDARDS.................................................................................... 8 8.0 MONITORING REQUIREMENTS................................................................................9 10.0 ADAPTIVE MANAGEMENT PLAN.......................................................................... 10 11.0 FINANCIAL ASSURANCES.......................................................................................10 12.0 REFERENCES...........................................................................................................12 APPENDIX A: FIGURES Figure 1. Site Vicinity Map Figure 2. USGS Topographic Quadrangle Figure 3. Aerial Map Figure 4. Stream and Wetland Delineation Map APPENDIX B: CONSERVATION EASEMENT APPENDIX C: GEOMORPHIC DATA PHOTOGRAPHS CALCULATIONS APPENDIX D: RESTORATION PLANS APPENDIX E: DRAFT BOND 1.0 PROJECT SUMMARY Tryon Equestrian Partners, LLC (TEP) is proposing to restore, enhance, and preserve 6,039 linear feet (LF) of stream channel at the Harmon Dairy Stream Mitigation Project site (site) in Polk County, North Carolina (Appendix A, Figure 1). The proposed project would generate approximately 3,879 Stream Mitigation Units (SMUs). Restoration would offset environmental losses resulting from unavoidable impacts associated with the Tryon International Equestrian Center (TIEC) in Polk County. 1.1 Project Objectives The proposed stream restoration project addresses needed improvements to the watershed in several ways. The existing streams at the site is degraded due to prior habitat alteration, excess sediment from bank erosion, limited riparian buffers, and livestock trampling. The proposed project would address these impairments and improve watershed functions by restoring, enhancing and preserving 6,039 LF of four unnamed tributaries (UTs) to Mary's Branch. The primary goal of the stream restoration project is to return the project reaches to stable, well - vegetated, and naturally functioning conditions. Specific stream restoration objectives include: improving bank stability, enhancing aquatic and terrestrial habitats, removing invasive exotic plant species, stabilizing upland gullies, establishing more robust and wider vegetative buffers, and installing livestock fencing around these riparian buffers. 2.0 SITE SELECTION The applicant has chosen off-site, in-kind mitigation in the form of restoration, enhancement, and preservation to fulfill mitigation requirements associated with development of the TIEC. The project site was selected because it has a high likelihood of success based on a number of factors, including: landscape position; absence of significant constraints; and conservation protection. This Phase 2 mitigation proposal connects to the Phase 1 mitigation project that was recently approved. Establishing upland riparian buffers and livestock fencing around stream resources would limit indirect and cumulative impacts associated with the ongoing dairy operation. Streams at the site would otherwise have no protections and would continue to erode and be negatively impacted by cattle. Although mitigation provided by a mitigation bank or in -lieu fee program could provide mitigation within the same watershed, stream reaches used for mitigation in these scenarios would likely be located many miles from the TIEC. The Harmon Dairy is located only 5 miles from the TIEC. When properly designed and implemented, and appropriately monitored, permittee -responsible mitigation offers a predictable and tested way of achieving compensatory mitigation as well as the opportunity to protect unique, natural features. Mitigation activities are justified because of the degraded nature of the existing streams and the plan to restore the streams to ecologically self- sustaining conditions. Harmon Dairy Phase 2 Stream Mitigation Plan 2 August 2017 3.0 SITE PROTECTION INSTRUMENT A Conservation Easement (CE) on the property would be held by the Polk County Soil and Water Conservation District (SWCD) to permanently protect the improved aquatic habitats and riparian buffers and restrict future activities that might otherwise compromise the functions and services of the aquatic resources (Appendix B). The permanent conservation easement would extend at least 50 feet beyond the top of both banks on all UTs. Within the conservation easement, the riparian buffers would be planted with native trees and shrubs in order to provide post -construction bank stability, erosion control and riparian habitat enhancement. All site protection instruments require 60 -day advance notification to the US Army Corps of Engineers (Corps) and the NC Division of Water Resources (DWR) prior to any action to void, amend, or modify the document. No such action would take place unless approved by the Corps and DWR. 4.0 BASELINE INFORMATION 4.1 Location The site is located in the Piedmont physiographic province (NCGS 2004) in Polk County, North Carolina. The site is accessed from NC Highway 9 in the town of Green Creek (Appendix A, Figure 1). The site is bordered by Mary's Branch to the west, and streams on the site are UTs to Mary's Branch, which drains to the Broad River (HUC 03050105). To access the site from Asheville, take Interstate 26 East for 36 miles to Exit 67. Follow US -74 East toward Columbus. Take Exit 167 and turn south onto NC Highway 9. After approximately 7 miles, turn right onto Harmon Dairy Lane. Harmon Dairy Lane ends at the dairy. The project reaches are located to the west of the diary barns. 4.2 Existing Site Conditions The watersheds of the two primary UTs in Phase 2 (UT2 and UT3) measure approximately 58 acres and 102 acres, respectively (Appendix A, Figure 2 and 3). Land use in the UT2 subwatershed is predominantly pasture with mixed hardwood/pine forest at the headwaters and southern drainage area boundary. The UT3 subwatershed is primarily forested, with pasture bordering the northern side of the stream. The land uses in the larger Mary's Branch watershed are similar, but also include residential home sites. The project reaches flow through relatively steep valleys. Past buffer clearing and cattle trampling have caused direct impacts to stream habitat and water quality. It appears that downstream reaches of UT 2 and UT3 were channelized in the past, setting in motion an incision process that has been halted by bedrock or large boulders located intermittently along the profiles. Bank erosion is widespread, particularly in the more deeply incised reaches. The project reaches can be characterized by Stage III (degradation) in the Simon Channel Evolution Model. In terms of the Rosgen classification system, both UT2 and UT3 can be classified as "G" or incised "B" stream types. A culvert crossing exists on UT3 and would be replaced with a similar culvert as part of the project in order to provide access to a pasture beyond the southern conservation easement boundary. UTs 4 and 5 are both relatively stable but are threatened by unimpeded cattle access, and in the case of UT4, buffer clearing. Harmon Dairy Phase 2 Stream Mitigation Plan 3 August 2017 The riparian buffers that exist along the project reaches include native tree species such as American beech (Fagus grandifolia), maple species (Acer spp) and yellow poplar (Liriodendron tulipifera). Non- native species include Chinese privet (Ligustrum sinense), Japanese honeysuckle (Lonicera japonica) and multi -flora rose (Rosa multiflora). UT2 has a significant kudzu (Pueraria lobata) infestation near its confluence with UT3. Photographs of the site along with geomorphic data are included for review (Appendix C). A stream and wetland delineation map is included in (Appendix A, Figure 4). Baseline information and attributes are summarized in Table 1 below. N/A - Not Applicable 5.0 DETERMINATION OF CREDITS Mitigation credits presented in Table 2 below are projections based upon site design. Upon completion of site construction, the project components and credits data would be updated as appropriate in order to be consistent with the as -built condition. Harmon Dairy Phase 2 Stream Mitigation Plan 4 August 2017 Table 1. Project Baseline Information and Attributes Harmon Dairy Stream Mitigation Project - Phase 2 Project Information Project County Polk Project Area (acres) 18.6 Project Coordinates (latitude and longitude) 35.201916, -82.064521 (at confluence of UT2 and UT3) Project Watershed S mmary Information Physiogmpbic Province Piedmont River Basin Broad USGS Hydrologic Unit 8 -digit: 03050105 114 -digit: 03050105150020 DWQ Sub -basin 03-08-06 Project Drainage Area (acres) 160 Project Drainage Area Percentage of Impervions Area <10% CGIA Land Use Classification Forested (53%), Cultivated Crops and Hay (33%), Grassland (11%), Developed (2%), Impervious (<10/o), Barren (<1%) Reach Summate Information Parameters UT 2 to Mary's Branch UT 3 to Mary's UT 4 to Mary's Branch Branch UT 5 to Mary's Branch Length of Reach (linear feet) 3,095 2506 248 233 Valley Classification VBI VIII VIII VBI Drainage Area (acres) 58 102 39 30 NCDWQ Water Quality Classification C C C C Morphological Description (Stream Type) G G A A Evolution Trend Eb-G Eb-G stable stable Underlying Mapped Soils RnE RnE RnE RnE Drainage Class Well Drained Well Drained Well Drained Well Drained Soil Hydric Status No No No No Slope 2.7% 1.4% 20.5% 10.8% FEMA Classification Zone X Zone X Zone X Zone X Native Vegetative Community Riparian Riparian Riparian Riparian Percent Composition of Exotic Invasive Vegetation —30% —20% <10% <10% Wetland Summ Information N/A N/A N/A N/A Regulatory Considerations Regulation Applicable Resolved Supporting Documentation Waters of the United States - Section 404 Yes No Waters of the United States - Section 401 Yes No Endangered Species Acts No No Historic Preservation Act Unknown No No known occurences in project vicinity. Coastal Zone Management Act (CZMA) / Coastal Area Management Act (CAMA) N/A N/A FEMA Floodplain Compliance N/A N/A Essential Fisheries Habitat No N/A N/A - Not Applicable 5.0 DETERMINATION OF CREDITS Mitigation credits presented in Table 2 below are projections based upon site design. Upon completion of site construction, the project components and credits data would be updated as appropriate in order to be consistent with the as -built condition. Harmon Dairy Phase 2 Stream Mitigation Plan 4 August 2017 N/A - Not Applicable 6.0 MITIGATION WORK PLAN AND MANINTENANCE PLAN 6.1 Design Approach The restoration plan (Appendix D) provides for restoring bank and bed stability, promoting sediment transport equilibrium over a range of discharges, and improving aquatic and terrestrial habitats. Establishing and maintaining native forested riparian buffers along the stream banks would help improve bank stability and reduce water temperatures as the canopy matures. Land uses in the conservation easement areas would be restricted in order to protect planted vegetation and ensure long-term recovery of riparian functions. Changes in hydraulic geometry features, such as the creation of riffles and pools, would enhance habitat function and contribute to an overall improvement in habitat diversity. The proposed project would also include removing invasive plant species and planting native riparian buffer vegetation. Stream restoration and enhancement would be accomplished using a natural channel design approach to restore appropriate channel dimension, pattern, and/or profile. These improved conditions would promote water and sediment transport equilibrium between the streams and their watersheds, reconnect the streams to their floodplains (where present), and promote healthy in -stream and riparian habitats. Proposed restoration involves primarily excavation of new, off-line channels with restored dimension, pattern and profile. The design approach for restoration reaches (R) would include both Priority 1 and Priority 2 sections, depending on profile constraints. The Priority 1 approach raises a stream to its original floodplain elevation, abandoning the old channel. The Priority 2 approach involves creating a new stream channel and floodplain at the current channel elevation. In both cases, when abandoned, Harmon Dairy Phase 2 Stream Mitigation Plan 5 August 2017 Table 2. Projected Mitigation Credits Harmon Dairy Stream Mitigation Project - Phase 2 Mitigation Credit Summaries Stream Riparian Wetland Non -Riparian Wetland Buffer Nitrogen Nutrient Offset Phosphorous Nutrient Offset Overall Credit 3,879 N/A I N/A N/A N/A N/A N/A Project Components Project Component or Reach ID Stationing Pre -project Restoration Footage or Footage or Restoration Acreage Acreage Level Restoration or Rest Equiv. Mitigatio Mitigation Notes n Ratio Credits UT 2. Reach 1 0+01 -4+06 405 405 P P 10 41 UT 2. Reach 2 4+06-7+90 384 384 E2 E 2.5 154 UT 2, Reach 3 7+90-22+65 1,475 1,475 El E 1.5 983 esmt break included UT 2. Reach 4 22+90 - 31+28 831 838 R R 1 838 UT 3. Reach 1 100+00 - 100+48 48 48 E2 E 2.5 19 UT 3, Reach 2 100+48 - 112+33 1185 1,160 El E 1.5 773 esmt break included UT 3. Reach 3 112+33 - 115+62 329 329 P P 10 33 UT 3. Reach 4 115+62 - 124+82 944 920 R R 1 920 UT4 1+14-3+61 247 247 P P 10 25 UT5 1+00-3+33 1 233 1 233 1 E2 E 2.5 93 Length and Area Summations Restoration Level Stream (Linear Feet) Non -riparian Riparian Wetland (acres) Wetland acres Buffer (Square feet) Upland (acres) Riverine Non-Riverine Restoration 1,758 Enhancement 3,300 Preservation 981 N/A - Not Applicable 6.0 MITIGATION WORK PLAN AND MANINTENANCE PLAN 6.1 Design Approach The restoration plan (Appendix D) provides for restoring bank and bed stability, promoting sediment transport equilibrium over a range of discharges, and improving aquatic and terrestrial habitats. Establishing and maintaining native forested riparian buffers along the stream banks would help improve bank stability and reduce water temperatures as the canopy matures. Land uses in the conservation easement areas would be restricted in order to protect planted vegetation and ensure long-term recovery of riparian functions. Changes in hydraulic geometry features, such as the creation of riffles and pools, would enhance habitat function and contribute to an overall improvement in habitat diversity. The proposed project would also include removing invasive plant species and planting native riparian buffer vegetation. Stream restoration and enhancement would be accomplished using a natural channel design approach to restore appropriate channel dimension, pattern, and/or profile. These improved conditions would promote water and sediment transport equilibrium between the streams and their watersheds, reconnect the streams to their floodplains (where present), and promote healthy in -stream and riparian habitats. Proposed restoration involves primarily excavation of new, off-line channels with restored dimension, pattern and profile. The design approach for restoration reaches (R) would include both Priority 1 and Priority 2 sections, depending on profile constraints. The Priority 1 approach raises a stream to its original floodplain elevation, abandoning the old channel. The Priority 2 approach involves creating a new stream channel and floodplain at the current channel elevation. In both cases, when abandoned, Harmon Dairy Phase 2 Stream Mitigation Plan 5 August 2017 the old channel would be filled with spoil produced by the excavation of the new channel and floodplain. Partially filled abandoned channel segments would serve as vernal pool habitat features. In reaches designated for enhancement (E1 or E2), the design approach will include stabilizing eroding banks, providing in -stream grade control, installing livestock fencing, removing invasive exotic plants and planting native riparian trees and shrubs. Additional enhancements will include stabilizing areas of concentrated flow (primarily where cattle trails cross the streams) by filling these areas with compacted soil and/or installing vegetated diversion berms to promote sheet flow into the riparian buffers. In reaches planned for E1 level treatment, channel dimension and profile will be addressed where appropriate. Stream restoration and enhancement measures have been designed using a combination of analytical data and reference reaches from stable reaches found with a similar valley type. The project design also incorporates natural materials, such as gravel, cobble and logs in order to improve in -stream habitat and provide lateral stability. Bioengineering measures would be installed on restored stream banks, particularly at the outside meander bends where stresses are high, in order to promote bank stability and quickly establish a near -bank vegetative cover. Sediment transport competence analyses have been performed to check that the designed channels would transport the size of sediment available within the watershed. The analyses, summarized in Appendix C, indicate that the design stream reaches would have bankfull shear stresses capable of mobilizing the mean grain diameter (Dso) of the bed materials sampled in UT1, downstream of the confluence of UT2 and UT3. Bed material sampling was not performed in UT2 and UT3 because the majority of the stream beds were either bedrock/boulder dominated, too narrow to allow proper sampling, or so heavily impacted by cattle and fine sediment inputs that sample results would be considered suspect. Bed materials present in UT1 were transported through UT2 and UT3 and are therefore considered reasonably representative of these upstream tributaries. Bankfull dimensions and estimated bankfull discharge were evaluated based on site surveys, regional hydraulic geometry relationships, and hydraulic modeling. The design bankfull dimensions, slope, and discharge match regional relationships well. 6.2 Construction Schedule Construction is estimated to last from three to five months, depending upon weather and the number of crews. Installation of live stakes and buffer trees and shrubs would be performed during the dormant winter months, regardless of when construction is completed. Construction is planned to begin within two months of final design approval and receipt of permits. 6.3 Erosion and Sediment Control Measures Construction phase erosion and sediment controls would be implemented in accordance with state standards to ensure sediment resulting from project construction would remain on site. The contractor would be instructed to disturb only as much ground as necessary to complete the active phase of work. Silt fences would be placed around all temporary stockpiles. A pump -around flow diversion would be employed in order to minimize downstream migration of fine sediment from work areas. Harmon Dairy Phase 2 Stream Mitigation Plan 6 August 2017 Erosion control matting composed of natural biodegradable coir fiber would be installed along the constructed channels or herbaceous cover would be established before water is turned into the new channel segments. The erosion control matting would extend to the top of bank and would be secured with wood stakes. Immediately following any ground disturbing activities, both a temporary cover seed mix and a permanent native seed mix would be sown to provide immediate ground cover and stabilize exposed soil. The newly constructed channel would be stabilized with native herbaceous vegetation and live stakes after construction. 6.4 Stream Bank and Floodplain Re -Vegetation The vegetative components of this project include stream bank and floodplain planting. Any areas of the site that are disturbed, lack diversity, or might be adversely impacted by the construction process would also be replanted. A buffer of woody and herbaceous species would be established within 50 feet from the top of the stream banks using a native seed mix, bare -root seedlings and live stakes. Any areas of the proposed mitigation site that are currently in pasture would be treated for fescue and ripped, if necessary, prior to installation of bare root plants. Planted trees and shrubs would provide a diversity of forest structure, forage value, filtering capacity, soil stability, and riparian habitat. Planting zones on the site would mimic natural stream bank and floodplain communities and would consider the frequency and magnitude of flows experienced by the streams at the Harman Dairy site. Planting would commence in the dormant season after project construction is completed to ensure that species are planted in suitable hydrologic regimes. 6.5 Invasive Species Control Invasive exotic species are present within the proposed conservation easement. Invasive species would be cut and treated with herbicide prior to grading and/or mechanically removed during grading. In areas where grading operations would remove individual invasive plants, follow-up treatments would be implemented as necessary to eradicate any new invasive populations. Invasive plants would be replaced with native trees and shrubs. 6.6 Maintenance Plan Maintenance of the newly constructed channels and all structures associated with the restoration would be accomplished by TEP if the monitoring parameters for restored streams exceed the range of natural variability established during the 7 -year monitoring period. Replacement planting would be performed by TEP if stem counts fall below 320 stems per acre during the first 3 years, 260 stems per acre through year 5, or 210 stems per acre through year 7. If any portion of the mitigation project fails to meet the specified performance standards in a monitoring year, the reason(s) for this failure would be determined and a corrective action plan (which would include proposed actions, a schedule, and monitoring plan) would be prepared. TEP will also install and maintain the livestock fence for seven years. The landowner will be responsible for maintaining the fence thereafter if the adjacent land uses include livestock. If it is believed that corrective action to a problem area is not warranted, the corrective action plan would state the reasons. Continued monitoring of the problem area may be required. Harmon Dairy Phase 2 Stream Mitigation Plan 7 August 2017 7.0 PERFORMANCE STANDARDS In accordance with the provisions in CFR Title 33, "performance standards that will be used to assess whether the project is achieving its objectives... and should relate to the objectives ... so that the project can be objectively evaluated to determine if it is developing into the desired resource type, providing the expected functions, and attaining any other applicable metrics". Table 3 below lists proposed success criteria for each proposed ecological service enhancement. While some success criteria are quantitative (e.g. bank height ratio) and others are qualitative (e.g. observations of fine sediment deposition on the floodplain), each is measurable. Year to year comparisons for the various parameters would allow adaptive management to be implemented early on in the monitoring period if necessary in order to reduce the risk of widespread problems. Table 3. Performance Standards Parameter Metrics/Success Criteria a. Riffle bank height ratios shall not exceed 1.2. Changes in BHR shall not exceed 10% in year to year comparisons. b. Entrenchment ratio for riffles in reaches where ER is corrected through design and construction shall be no less than 1.4. Changes in Channel Stability and Surface ER shall not exceed 10% in year to year comparisons. Water Hydrology c. At least 90% of the stream bed and banks shall remain stable through four bankfull events, occurring in separate years, during monitoring years 1 through 7. d. Continuous surface water flow must be documented for 30 consecutive days at any point during the monitoring year. a. Density of 320 live, planted stems/acre at year 3; 260 live, planted stems/acre at year 5; 210 live planted stems/acre at year 7. Riparian Buffer Vegetation b. Trees must average 7 feet in height at year 5 and 10 feet in height at year 7. c. No more than 50% of a plot stem count shall be a single species. a. 100% of fencing and signage to remain intact. Project Boundary b. No encroachments shall be made on the easement. Harmon Dairy Phase 2 Stream Mitigation Plan 8 August 2017 8.0 MONITORING REQUIREMENTS Environmental components monitored in this project are those that allow an evaluation of stream stability and vegetative survivability. The success of stream stability and woody vegetation plantings would be evaluated for 7 years per the proposed guidance set forth by the North Carolina Interagency Review Team's (NCIRT) "Wilmington District Stream and Wetland Compensatory Mitigation Update" — October 24, 2016 (USACE 2016). Table 4. Monitoring Requirements Required Quantity Frequency Notes Parameter Pattern/profile survey will extend for at least 20 bankfull widths for each R As per North Carolina and E1 reach. Annual profile surveys Pattern and Profile Interagency Review As -Built only required if channel instability is Team's Requirements observed. Problem areas will be mapped and included on the monitoring annual plan view. A minimum of one representative As per North Carolina As -Built, riffle and pool cross section will be Dimension Interagency Review Years 1, 2, surveyed per 1,000 linear feet in R Team's Requirements 3, 5, and 7 and E1 reaches. Problem areas will be mapped and included on the monitoring annual plan view. Crest gauges installed one for every Surface Water As per North Carolina 1,000 LF reach and every 5,000 LF of Hydrology Interagency Review Annual stream will be inspected on an annual Team's Requirements basis to document the occurrence of bankfull events. Vegetation will be monitored using a As per North Carolina As -Built, standard sampling method and would Vegetation Interagency Review Years 1, 2, consist of 4 plots — 2 fixed plots and 2 Team's Requirements 3, 5, and 7 random plots. 0.02 -acre (min.) plots will be mapped and included on the monitoring annual plan view. Locations of exotic and nuisance Exotic and nuisance Annual vegetation will be mapped and vegetation included on the monitoring annual plan view. Locations of fence damage, vegetation damage, boundary Project boundary Annual encroachments, channel stability, etc. will be mapped and included on the monitoring annual plan view. Reference photographs will be made at selected overviews and near - Photographs Annual stream locations. Photo stations will be included on the monitoring annual plan view. Harmon Dairy Phase 2 Stream Mitigation Plan 9 August 2017 9.0 LONG TERM MANAGEMENT PLAN Upon close out by the Corps, the site would remain owned by the Harmons and the conservation easement would be held by the Polk County SWCD. A stewardship fee of $15,000 would be paid to the Polk County SWCD. Polk County SWCD will hold the funds in a non -wasting individual account unique for the Harmon Dairy Phase 1 and 2 projects only. The fee is based upon the amount of interest, generated from an endowment, necessary to cover stewardship cost. This fee would cover encroachment monitoring on the easement and reporting, and any legal fees incurred defending the easement. Additionally, a long-term maintenance and management fee has been added as a line item on the cost estimate table in the Financial Assurances section below. 10.0 ADAPTIVE MANAGEMENT PLAN Project maintenance would be performed as described above. If, during the course of annual monitoring it is determined the site's ability to achieve site performance standards is jeopardized, the applicant would notify the Corps and DWR of the need to develop an Adaptive Management Plan. Once the Adaptive Management Plan is prepared and finalized the applicant would: 1. Notify the Corps and DWR. 2. Revise performance standards, maintenance requirements, and monitoring requirements as necessary and/or required by the Corps and DWR. 3. Obtain other permits as necessary. 4. Implement the Adaptive Management Plan. 5. Provide the Corps and DWR with documentation of corrective action. This report would depict the extent and nature of the work performed. 11.0 FINANCIAL ASSURANCES A Performance Bond in the amount of total cost through the end of construction ($540,000) would be held by Conservation United. A draft bond is included for review (Appendix E). Cost of the project is outlined below. Table 5. Cost Estimates for Financial Assurances Treatment Unit Cost( /LF) Length(LF) Estimated Cost Restoration $ 90.00 1785 $ 160,000 Enhancement 1 $ 60.00 2635 $ 160,000 Enhancement 2 $ 30.00 665 $ 20,000 Invasive Plant Removal $ 20,000 Riparian Buffer Planting $ 60,000 Repair Contingency & Maintenance in Short Term (20%+/-) $ 90,000 Total Through the End of Construction $ 540,000 As -Built $ 30,000 Monitoring -Year 1 $14,000 Harmon Dairy Phase 2 Stream Mitigation Plan 10 August 2017 Monitoring - Year 2 $14000 Monitoring - Year 3 $14,000 Monitoring - Year 4 $14,000 Monitoring - Year 5 $14,000 Monitoring - Year 6 $14,000 Monitoring - Year 7 $14,000 Closeout $7,000 Total for 7 Years Monitoring $ 105,000 Long Term Maintenance and Management (10% +/-) $15,000.00 Harmon Dairy Phase 2 Stream Mitigation Plan 11 August 2017 12.0 REFERENCES NCGS (North Carolina Geological Survey). 2004. Physiography of North Carolina. Map compiled by the Division of Land Resources. Raleigh. Rosgen, Dave. 1996. Applied River Morphology, Wildland Hydrology. USACE (U.S. Army Corps of Engineers). 2003. Stream Mitigation Guidelines. U.S. Army Corps of Engineers —Wilmington District, U.S. Environmental Protection Agency, North Carolina Wildlife Resources Commission, and North Carolina Department of Environment and Natural Resources Division of Water Quality. Wilmington, North Carolina. USACE (U.S. Army Corps of Engineers). Wilmington District Stream and Wetland Compensatory Mitigation Update" — October 24, 2016 (USACE 2016) Monitoring Requirements and Performance Standards for Compensatory Mitigation in North Carolina. North Carolina Interagency Review Team (NCIRT). Harmon Dairy Phase 2 Stream Mitigation Plan 12 August 2017 Harmon Dairy Stream Mitigation Site, Phase 2 (+1- 14 AC) sl J L - = x w No ,G 109 t09 - G Aa A'an 4 D �r Mill Spring y ° k'a ` R Mill e` " Spring rney ya a v a 9 2 � Sheh:n �e�' Rd Creel � gWr9P Rd Smrfi , � o J Kit Pd Q p'� py3Fnc ° a 94^+Oc ka °y Ad 9 1�i SyndV 4 I � Q0 �a Flop d P1100; Rd � &�°Skwwl4 4 ti pn rrcO •t Or !•' a � �r•w� Ll F Y� t � a � a �•? Pa. t' a � 36n a Od Red Fox coltrn" Itt�Rc Property Boundary Country Club F' N V ►p a � �+! A1d)k NN y NORTH CAROLINA s "40 Rd ,o• tL�., NORTH CAROLINA 5011TH CAROLlN�4 Legend }' I r, ,.. 0 0.5 1 2 Ip f aidie O Fao' F k Property Boundary " -1r Miles Wit Drawn by: KAY 5.24.17; Project #747 Douglas Harmon 'Pa 0 Polk County, CLearWater Site Vicinity North Carolina Figure 1 32 Clayton Street Asheville, NC 28801 Harmon Dairy Stream Mitigation Site, Phase 2 (+1- 14 AC) F OY Marys Branch Ne \.0001 •� r A Property Boundary f/ 4 Y �S? Legend 0 500 1,000 2,000 - Properly Boundary r' Feet [4ray.n-by*KAII, .24 47�CEC ProjectX747 Douglas Harmon Polk County, CLeamater USGS Topographic Map North Carolina Fingerville West Quad 32 Clad -ton slreel Figure 2 Asheville, NC 29801 Harmon Dairy Stream Mitigation Site, Phase 2 (+1- 14 AC) _may Z W. �. ..� �.SA7o.•,� `'.rrs �- 0'9� , . Property t a Boundary it . �'� t �'J ' �'^.` ,tom � '1. ; ``• _ - y y-�{-�'`, C �. � d,�- _+ � �ti� �'�'`,���' ' t - ~ ._ _ J� i. �• � - : a':1��} � � 'lam f t!�\' . �• -- , i t 1�:4 } \ •, 'moi" } •' IZ `yl'47r,1�'! .� Y.' '� i'►a ,*� .l. 1/� i r ,' ryF`(tr; • 1'1 0 250 500 1,000 Property Boundary Feet a '13�fy11p b1: KAY 5.24.17; CEC Project #747 Douglas Har Polk County, �CLear Y Y "`e r Aerial Photograph North Carolina NCCGIA (2015) 32 Clayton Street Figure 3 Asheville, NC 28801 Harmon Dairy Stream Mitigation Site, Phase 2 (+1- 14 AC) Jurisdictional wetlands and waters identified on this map have been located within sub -meter accuracy utilizing a Trimble mapping grade Global Positioning System (GPS) and the subsequent differential correction of that data. GPS points may demonstrate uncorrectable errors due to topography, vegetative cover, andlor multipalh signal error Note: The illustrated welland and stream locations are approximate. These areas have been flagged in the field; however, they have not been surveyed. Although Clearwater Environmental Consultants, Inc. (CEC) is confident in our assessment, the US Army Corps of Engineers (Corps) is the only agency that can make final decisions regarding jurisdictional we9tand and waters of the US delineations Therefore, all preliminary determinations are subject to change until written verfrication is obtained. CEC strongly recommends that written verification be obtained from the Corps prior to closing on the properly, beginning any site work, or making any legal reliance on this determination_ This map was prepared by CEG using the best information available to CEC El the time of production. This map is for infonnaiipnal purposes only and should not be used to determine precise bcunderies, roadways, properly boundary lines, nor legal descriptions. This map shall not be construed to be an official survey of any data depicted Source Dale. Topo is from Palk County Pntentiol ly Juris dicrional Weler, Phose2 Weiland (AQ Strcam(I-P) WS 0.009 Sl Continued 2,5136 W6 0.007 S2Conlinued 3,214 S3 61 54 251 S5 739 Torn) 0.016 1 Triol 651 Property Boundary Legend Phase 1 Stream } 1 j N ,r /! Phase 2 Stream Culverti lI jjI rf 1 ® Phase 2 1Netland Stream Mitigation Huffer Phase 2 (+/- 14 AC) Properly Boundary 0 125 250 500 f pia n b cKonAt�rrS �� � \ �� �' �) •14 I1 jjjr IJ+ Feet i 11Nl 4 1 11 \� 1D24.,, 7 Project #747 aolfglas arrr{on `1 1�1 1` t / / 1 f 11 Stream &Wetland Polk County, ��earWat@r Phase 2 Delineation Map North Carolina 32 Clayton 5lrecl Delineated October 19, 2016 Asheville, NC 29901 Figure 4 Appendix B Conservation Easement PERMANENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ("Conservation Easement") made this day of , 2017 by and between .Tandy Land Company, LLC, ("Grantor") and Polk County Soil and Water Conservation District ("Grantee"). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. RECI'T'ALS WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Polk County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein ("Property"); WHEREAS, Grantee is a public body of the state of North Carolina, and is qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat. § 121-35; WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the property in its natural state, as restored, and the purpose of this Conservation Easement is to restore and maintain riparian resources and other natural values of the Property, and prevent the use or development of the Property for any purpose or in any manner that would conflict with the maintenance of the Property in its natural condition. WHEREAS, the restoration and preservation of the Property is a condition of Department of the Anny pen -nit Action ID 2013-02262 issued by the Wilmington District Corps of Engineers, which requires mitigation for unavoidable stream and/or wetland impacts authorized by that permit. R&s 1831600_1 WHEREAS, Grantor conveyed a Permanent Conservation Easement to Grantee on other property owned by Grantor by deed dated January 19, 2017 and recorded in Deed Book 424 at Pages 1193-1201, Polk County Registry, said Permanent Conservation Easement being a condition of Army Permit Action ID 2013-02262; WHEREAS, Grantor intends, by means of this conveyance, to convey a second Permanent Conservation Easement to Grantor, said second Permanent Conservation Easement also being a condition of Army Permit Action ID 2013-02262; WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be held by the U.S. Army Corps of Engineers, Wilmington District (Corps, to include any successor agencies), and that these rights are in addition to, and do not limit, the rights of enforcement under said permit. NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation Easement of the nature and character and to the extent hereinafter set forth, over the Property described on Exhibit A, together with the right to preserve and protect the conservation values thereof, as follows: ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. This Conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents and licensees. ARTICLE Il. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Property inconsistent with the purpose of this Conservation Easement is prohibited. The Property shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Property. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted or reserved as indicated hereunder: A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the natural features of the Property or any introduction of non-native plants and/or animal species is prohibited. B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, Iine, pier, landing, dock or any other temporary or pennanent structure or facility on or above the Property. C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial activities, including any right of passage for such purposes are prohibited. R&s 1831600_1 D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry and horticultural use of the Property are prohibited. E, Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation on the Property. F. Roads and Trails. There shall be no construction of roads, trails or walkways on the property; nor enlargement or modification to existing roads, trails or walkways. G. Si nage. No signs shall be permitted on or over the Property, except the posting of no trespassing signs, signs identifying the conservation values of the Property, signs giving directions or proscribing rules and regulations for the use of the Property and/or signs identifying the Grantor as owner of the property. H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Property is prohibited. I. Excavation Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any manner on the Property, except to restore natural topography or drainage patterns. J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of the easement area by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. K. Development Rights. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited. M. Other Prohibitions. Any other use of, or activity on, the Property which is or may become inconsistent with the purposes of this grant, the preservation of the Property substantially in its natural condition, or the protection of its environmental systems, is prohibited. ARTICLE III GRANTOR'S RESERVED RIGHTS The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the property for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Property, the rights of ingress and egress, the right to hunt, fish, and hike on the Property, the right to sell, 88,5 1831600t transfer, gift or otherwise convey the Property, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall specifically reference, this Conservation Easement. Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its successors and assigns, the right to construct wetland and stream mitigation on the Property, in accordance with the Harmon Dairy Stream Mitigation Plan — Phase 2 dated May 31, 2017 prepared by Clearwater Environmental and Wildlands Engineering. ARTICLE IV GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns, and the Corps, shall have the right to enter the Property at all reasonable times for the purpose of inspecting said property to determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The Grantee shall also have the right to enter and go upon the Property for purposes of making scientific or educational observations and studies, and taking samples. The easement rights granted herein do not include public access rights. ARTICLE V ENFORCEMENT AND REMEDIES A. To accomplish the purposes of this Easement, Grantee is allowed to prevent any activity on or use of the Property that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Property that may be damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after 30 days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. The costs of a breach, correction or restoration, including the Grantee's expenses, court costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. The Corps shall have the same right to enforce the terms and conditions of this easement as the Grantee. B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default. C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Property resulting from causes Rgs 18316001 beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Property resulting from such causes. ARTICLE VI MRSCELLANIEOUS A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee simple, and that Grantor either owns all interests in the Property which may be impaired by the granting of this Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or other interests in the Property which have not been expressly subordinated to this Conservation Easement. Grantor further warrants that Grantee shall have the use of and enjoy all the benefits derived from and arising out of this Conservation Easement, and that Grantor will warrant and defend title to the Property against the claims of all persons. B. Subsequent Transfers The Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Property. The Grantor agrees to provide written notice of such transfer at least thirty (30) days prior to the date of the transfer. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any portion thereof and shall not be amended, modified or terminated without the prior written consent and approval of the Corps. C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C, Gen, Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. D. Entire Agreement and Severability. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect. E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve R&5 1831600_1 the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. F. Extin ishment. In the event that changed conditions render impossible the continued use of the Property for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. G. Eminent Domain. Whenever all or part of the Property is taken in the exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full value of the taking, and all incidental and direct damages due to the taking. H. Proceeds, This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of this Property is sold, exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair market value of this Conservation Easement. The parties stipulate that the fair market value of this Conservation Easement shall be determined by multiplying the fair market value of the Property unencumbered by this Conservation Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of this easement at the time of this grant to the value of the Property (without deduction for the value of this Conservation Easement) at the time of this grant. The values at the time of this grant shall be the values used, or which would have been used, to calculate a deduction for federal income tax purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with the purposes of this Conservation Easement. I. Notification. Any notice, request for approval, or other communication required under this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following addresses (or such address as may be hereafter specified by notice pursuant to this paragraph): To Grantor: Tandy Land Company, LLC 57 Noble Road Fairview, NC 28730 Phone: (828) 458-0088 To Grantee: Polk County Soil & Water District 156 School Road Mill Spring, NC 28756 Fax: (828) 894-2231 To the Corps: Carl Pruitt U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, NC 28402-1890 Fax: (910) 251-4044 R&S 1831600_1 J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation Easement, then the Grantee's interest shall become vested in another qualified grantee in accordance with an appropriate proceeding in a court of competent jurisdiction. K. Amendment. This Conservation Easement may be amended, but only in writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation purposes of this grant. L. Present Condition of the Propert . The wetlands, scenic, resource, environmental, and other natural characteristics of the Property, and its current use and state of improvement, are described in the Harmon Dairy Stream Mitigation Plan — Phase 2 dated May 31, 2017 and updated December 29, 2016 prepared by Clearwater Environmental and Wildlands Engineering and acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee have copies of this report. It will be used by the parties to assure that any future changes in the use of the Property will be consistent with the terms of this Conservation Easement. However, this report is not intended to preclude the use of other evidence to establish the present condition of the Property if there is a controversy over its use. TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. R&S 18316001 IN WITNESS WHEREOF, Grantors have executed this Permanent Conservation Easement this day of 52017. Grantor: .Tandy Land Company, LLC Polk County Soil and Water Conservation District NORTH CAROLINA COUNTY OF I, a Notary Public for County, North Carolina, do hereby certify that Manager of Sandy Land Compnay, LLC, a limited liability company personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of .2017. [SEAL] Notary Public My commission expires R&5 18316001 APPENDIX C: GEOMORPHIC DATA C4L11[sill w_lIEel 0K PHOTOGRAPHS 894 892 c 890 0 ami 888 LU 886 884 60 65 Elevation (ft) Bankfull Dimensions 6.2 x -section area (ft.sq.) 7.9 width (ft) 0.8 mean depth (ft) 1.0 max depth (ft) 8.5 wetted parimeter (ft) 0.7 hydrualic radius (ft) 10.2 width -depth ratio Bankfull Flow 5.7 velocity (ft/s) 35.1 discharge rate (cfs) 1.17 Froude number UT2, 13+25 70 75 80 Width (ft) Flood Dimensions 14.2 W flood prone area (ft) 1.8 entrenchment ratio 4.0 low bank height (ft) 4.0 low bank height ratio Flow Resistance 0.035 Manning's roughness 0.16 D'Arcy-Weisbach fric. --- resistance factor u/u* --- relative roughness 85 Materials --- D50 (mm) --- D84 (mm) 60 threshold grain size (mm): Forces & Power 2.7 channel slope (%) 1.23 shear stress (Ib/sq.ft.) 0.80 shear velocity (ft/s) 7.4 unit strm power (Ib/ft/s) Cross Section UT2 UT2, 27+50 855 854 853 Z 852 c LD 851 ------- --- ---- i aa) 850 LU 849 848 847 40 50 60 70 80 90 100 Width (ft) Bankfull Dimensions Flood Dimensions Materials 6.6 x-section area (ft.sq.) 11.6 W flood prone area (ft) --- D50 (mm) 8.9 width (ft) 1.3 entrenchment ratio --- D84 (mm) 0.7 mean depth (ft) 3.0 low bank height (ft) 57 threshold grain size (mm): 1.0 max depth (ft) 3.0 low bank height ratio 9.6 wetted parimeter (ft) 0.7 hydrualic radius (ft) 12.2 width-depth ratio Bankfull Flow Flow Resistance Forces & Power 5.4 velocity (ft/s) 0.035 Manning's roughness 2.7 channel slope (%) 35.7 discharge rate (cfs) 0.16 D'Arcy-Weisbach fric. 1.16 shear stress (Ib/sq.ft.) 1.16 Froude number --- resistance factor u/u* 0.77 shear velocity (ft/s) --- relative roughness 6.7 unit strm power (Ib/ft/s) Cross Section UT3 UT3, 104+50 910 909 908 c ia------------------------------ > 907 LU 906 905 60 65 70 75 80 85 Width (ft) Bankfull Dimensions Flood Dimensions Materials 4.5 x-section area (ft.sq.) 21.9 W flood prone area (ft) --- D50 (mm) 10.1 width (ft) 2.2 entrenchment ratio --- D84 (mm) 0.4 mean depth (ft) 1.1 low bank height (ft) 55 threshold grain size (mm): 1.0 max depth (ft) 1.1 low bank height ratio 10.5 wetted parimeter (ft) 0.4 hydraulic radius (ft) 22.7 width-depth ratio Bankfull Flow Flow Resistance Forces & Power 4.9 velocity (ft/s) 0.035 Manning's roughness 4.25 channel slope (%) 22.1 discharge rate (cfs) 0.19 D'Arcy-Weisbach fric. 1.12 shear stress (Ib/sq.ft.) 1.34 Froude number --- resistance factor u/u* 0.76 shear velocity (ft/s) --- relative roughness 5.8 unit strm power (Ib/ft/s) 865 860 855 c M0 > 850 LU ------------------ - 845 840 40 50 Bankfull Dimensions 8.9 x -section area (ft.sq.) 19.0 width (ft) 0.5 mean depth (ft) 0.8 max depth (ft) 19.3 wetted parimeter (ft) 0.5 hydrualic radius (ft) 40.3 width -depth ratio Bankfull Flow 3.0 velocity (ft/s) 26.9 discharge rate (cfs) 0.78 Froude number 1111e1fivauiIl7 60 70 80 Width (ft) Flood Dimensions 61.4 W flood prone area (ft) 3.2 entrenchment ratio 4.0 low bank height (ft) 4.9 low bank height ratio Flow Resistance u.ujb ivianning-s rougnness 0.18 D'Arcy-Weisbach fric. --- resistance factor u/u* --- relative roughness 90 100 110 120 Materials --- D50 (mm) --- D84 (mm) 20 threshold grain size (mm): Forces & Power 1.39 channel slope (%) 0.40 shear stress (Ib/sq.ft.) 0.46 shear velocity (ft/s) 1.23 unit strm power (Ib/ft/s) UT2 WATERSHED MAP UT3 WATERSHED MAP UT2 Phase 2, Typical Section Design RIFFLE SECTION 9.32 Regional Curve Estimate to d/s end 0.64 Right Bank Slope, x:1 3 DA (sq. mi.) 0.09 Left Bank Slope, x:1 3 NC Mountains (area) 4.2 Max Depth (ft) 1 NC Mountains (discharge) 16.1 Bottom Width (ft) 3 Area 6 NC rural Piedmont (area) 4.2 Bankfull Width (ft) 9 NC rural Piedmont (discharge) 15.7 Bankfull Depth (ft) 0.67 1.5 W/D ratio 13.50 USGS 2 year discharge Ave Width (ft) = NC Hydro Area 1 33 NC Hydro Area 2 17 Discharge Calculation overall reach Q = 1.49/n R2/3 s1i2 A WP (ft) 9.32 R (ft) 0.64 design slope 0.030 Channel n 0.045 Q (cfs) 26 RIFFLE SECTION Right Bank Slope, x:1 Left Bank Slope, x:1 Max Depth (ft) Bottom Width (ft) Area Bankfull Width (ft) Bankfull Depth (ft) W/D ratio Ave Width (ft) _ UT3 Phase 2, Typical Section Design Regional Curve Estimate to d/s end 3 DA (sq. mi.) 3 NC Mountains (area) 1 NC Mountains (discharge) 4 7 NC rural Piedmont (area) 10 NC rural Piedmont (discharge) 0.70 1.428571 14.29 USGS 2 year discharge NC Hydro Area 2 Discharge Calculation overall reach Q = 1.49/n R2/3 s1i2 A WP (ft) 10.32 R (ft) 0.68 design slope MO.022 Channel n 0.045 Q (cfs) 26 0.16 6.2 sf 2 5. 0 cfs 6.2 sf 23.8 cfs 26 cfs F 97 W 92 + 0 UT2 Design 5 10 15 20 25 30 Width (ft) Bankfull Dimensions Flood Dimensions 6.0 x -section area (ft.sq.) 9.0 width (ft) 0.7 mean depth (ft) 1.0 max depth (ft) 9.3 wetted parimeter (ft) 0.6 hydraulic radius (ft) 13.5 width -depth ratio Bankfull Flow 4.3 velocity (ft/s) 25.7 discharge rate (cfs) 0.94 Froude number 29.0 W flood prone area (ft) 3.2 entrenchment ratio 1.0 low bank height (ft) 1.0 low bank height ratio Flow Resistance U.U45 ivianning-s rougnness 0.27 D'Arcy-Weisbach fric. 6.2 resistance factor u/u* 3.4 relative roughness 35 40 45 50 55 60 Materials 25 D50 (mm) 60 D84 (mm) 59 threshold grain size (mm): Forces & Power 3 channel slope (%) 1.20 shear stress (Ib/sq.ft.) 0.79 shear velocity (ft/s) 5.3 unit strm power (Ib/ft/s) Cross Section UT3 Design 100 "le,000- 99 00, 111100 98 97 c 96 LU 95 94 93 92 0 10 20 30 40 50 60 Width (ft) Bankfull Dimensions Flood Dimensions Materials 7.0 x -section area (ft.sq.) 30.0 W flood prone area (ft) 25 D50 (mm) 10.0 width (ft) 3.0 entrenchment ratio 60 D84 (mm) 0.7 mean depth (ft) 1.0 low bank height (ft) 46 threshold grain size (mm): 1.0 max depth (ft) 1.0 low bank height ratio 10.3 wetted parimeter (ft) 0.7 hydraulic radius (ft) 14.3 width -depth ratio Bankfull Flow Flow Resistance Forces & Power 3.8 velocity (ft/s) 0.045 Manning's roughness 2.2 channel slope (%) 26.5 discharge rate (cfs) 0.27 D'Arcy-Weisbach fric. 0.93 shear stress (Ib/sq.ft.) 0.81 Froude number 6.3 resistance factor u/u* 0.69 shear velocity (ft/s) 3.6 relative roughness 3.6 unit strm power (Ib/ft/s) E f� c Cz i 1000 100 10 0.1 0.001 0.01 0.1 1 10 Critical Shear Stress {Ibs(sq ft) RANGE OF SHEAR STRESS AND MOBILE GRAIN SIZES 2osgen's data - Colorado, USA, Travel -bed streams Shields Data-misc. labarotoryand ield sources 3nleIds Curve rorTnresnold oTMotlan UT to Mary's Branch - XS1 Zigzag Pebble Count Particle Distribution 100 Silt/Clay Sand 90 s0 70 o_ 60 50 V y 40 v 30 20 10 0 0.01 0.1 1 10 100 1000 10000 Particle Class Size (mm) Gravel Cobble Boulder r , r , r Bedrock !i i r 100 90 so 70 0 60 50 V y 40 30 20 10 0 UT to Mary's Branch - XS2 Zigzag Pebble Count Particle Distribution Silt/Clay Sand IT "T 7 Gravel Cobble Boulder Bedrock f f r , i f f 0.01 0.1 1 10 100 1000 10000 Particle Class Size (mm) SIEVE ANALYSIS SUMMARY Largest Particle Size: 35 mm Refer to ASTM D 422-63 "Standard Test Method for Particle -Size Analysis of Soils" L:\Active Projects\005-20285 TIEC Stream Mitigation\Harmon Dairy Site\sediment\SIEVE ANALYSIS - bar sample.xls, Data 6/3/2016 WEI PROJECT NO. 005-20285 SITE OR PROJECT: Harmon Dairy REACH/LOCATION: Bar atXS2 DATE COLLECTED: 4/25/2016 FIELD COLLECTION BY: SEG DATA ENTRY BY: SEG Largest Particle Size: 35 mm Refer to ASTM D 422-63 "Standard Test Method for Particle -Size Analysis of Soils" L:\Active Projects\005-20285 TIEC Stream Mitigation\Harmon Dairy Site\sediment\SIEVE ANALYSIS - bar sample.xls, Data 6/3/2016 RETAINED ON SIEVE PARTICLE CLASS WEIGHT (g) Class Cumulative MATERIAL PARTICLE SIZE (mm) SIEVE SIZE (mm) SIEVE NUMBER Raw Tare Net Silt/Clay <.063 1945.4 367.2 1578.2 38% 38% Very Fine .063 -.125 0.063 #230 0.0 0% 38% o vS v Fine .125-.25 0.125 #120 0.0 0% 38% A N D ; Medium .25 - .50 0.25 #60 0.0 0% 38% Coarse .50-1.0 0.5 #35 0.0 0% 38% Very Coarse 1.0 - 2.0 1.0 #18 1057.3 479.1 578.2 14% 51% 0 o a Very Fine 2.0-4.75 2.0 #10 1149.3 494.6 654.7 16% 67% o � Fine - Medium 4.75 - 12.5 4.75 #a 1375.3 513.0 862.3 21% 87% GRAVEL Medium - Coarse 12.5-25 12.5 1/2 IN 1072.4 541.0 531.4 13% 100% ,aO Q Oc �o-, Coarse 25-45 25 11N 0.0 0% 100% o b Very Coarse 45-64 0.0 0% 100% O COBBLE Small Small 64-90 90-128 0.0 0.0 0% 0% 100% 100% O Large 128-180 0.0 0% 100% C; Large 180-256 0.0 0% 100% Small 256-362 0.0 0% 100% BOULDER Small 362-512 0.0 0% 100% Medium 512-1024 0.0 0% 100% 77Large - Very Large 1024-2048 0.0 0% 100% BEDROCK Bedrock > 2048 0.0 0% 100% Total 6599.7 2394.9 4204.8 100% Largest Particle Size: 35 mm Refer to ASTM D 422-63 "Standard Test Method for Particle -Size Analysis of Soils" L:\Active Projects\005-20285 TIEC Stream Mitigation\Harmon Dairy Site\sediment\SIEVE ANALYSIS - bar sample.xls, Data 6/3/2016 ■■■ i EoO f I' Sic', i will �'o',3'r,-� Wit•? - rD �'{�'1�y�t ufn'{. f -X34 -4 ���- � • �.. arc will �'o',3'r,-� Wit•? - rD �'{�'1�y�t ufn'{. f ���- � • �.. arc s- •y'i.. 4-1 Y � - . � c -* syr, Site Photographs Harmon Dairy Stream Mitigation Site — Phase 2 Boulder Knick Point, UT3 Upstream Cattle Impacts, UT3 Looking Upstream at Existing Culvert, UT3 Bank Erosion, UT3 Bedrock Knick Point, UT3 Incised Conditions and Bank Erosion, UT3 V ' �•ea Boulder Knick Point, UT3 Upstream Cattle Impacts, UT3 Looking Upstream at Existing Culvert, UT3 Bank Erosion, UT3 Bedrock Knick Point, UT3 Incised Conditions and Bank Erosion, UT3 'ter► ,,;�' .� ii, •.%_ _��,' •�. �. 4A., *t ., r,,r-•: 'w � ' ;� _ Nay � 'd�s•:.;;•`�' - �-,�,�.,ur_. � 457. 4 . VA, L owe 'ter► ,,;�' .� ii, •.%_ _��,' •�. �. VA, 'ter► ,,;�' .� ii, •.%_ _��,' •�. �. Appendix D Restoration Plan Harmon Dairy Stream Restoration - Phase II Polk County, NC for Tryon Equestrian Partners, LLC J� CM L-1 r r-] EWE Vicini Ma Not to Scale BEFORE YOU DIG CALL 1-804-632-4949 N.C. 0 N E -CALL CENTE R IT'S THE LAW I SITE PRELIMINARY PLANS ISSUED MAY 3012017 Sheet Index Title Sheet 0.1 Project Overview 0.2 General Notes and Symbols 0.3 Typical Sections 0.4 UT 2 Plan and Profile Sheets 1.1-1.6 UT 3 Plan and Profile Sheets 2.1-2.6 UT 4 and UT 5 Plan Sheet 3.1 Details 4.1-14 Project Directory Engineering: Wildlands Engineering, Inc License No. F-0831 167-B Haywood Road. Asheville, NC 28806 Andrew Bick, PE 828.774,5547 Surveying: Ivan K, Graudszus Professional Surveying PLLC. P.O. Box 1361 206 N. Main Street Rutherfordton, NC 28139 828.287.7059 Owner: Tryon Equestrian Partners, LLC 4066 Pea Ridge Road Mill Spring, NC 28756 828.863.1000 5-0 t., v 0 i oEml.vxsa r.,�l>•uon '-wuxus 1 n.s 4r: vx3n / weuu4RO�M1F f WuN1sO5i x[�S SIRs/� 1414E [(6331 I \ r f r i uarnr urt :xsisal uc r.�o3r3so-ss \ nx r.r: Asn / i 0' 150' 300, 450, N En QL"¢�poa = r°�iymLL u.do'v^ n�z="mnu r -i LL 3 BEGIN UT 2 fi ME u x i L N O REACH DIRECTORY 5TREAM REACH UPSTREAM STATION DOWNSTREAM STATION WORKTYPE OT 2 REACH 1 0,01 4+06 PRESERVAT30N UT 2 REACH 2 4406 7+90 ENHANCEMENT II EN 2 REACH 7,40 22+55 ENHANCEMENTI LIT 2 REACH 4 22,90 31+28 RESTORATION LIT 3 REACH 1 l0o+00 100+48 ENHANCEMENT II UT 3 REACH 2 100,48 112+33 ENHANCEMENTI LTE 3 REACH 3 112+33 115+52 PRESERVATION VT3 REACH4 115+52 124+82 RESTORATION OT 4 — 1+14 3+51 PRESERVATION LFT 5 — 1+50 3+33 ENHANCEMENT II 0' 150' 300, 450, N En QL"¢�poa = r°�iymLL u.do'v^ n�z="mnu r -i LL 3 BEGIN UT 2 fi ME u x i L N O r PT I E ti ENEUT2L STA 31+281 Z is -- END UT 3 STA 125+05 V � + REACH DIRECTORY STREAM REACH UPSTREAM STATION DOWNSTREAM STATION WORN TYPE UT 2 REACH I Or01 4+06 PRESERVATION UT2 REACH 4+06 7+90 ENHANCEMENTII LIFT REACH 7+90 22+55 ENHANCEMENTi U72 REACH 22+90 31,20 RESTORATION UT3 REACH 1 100+00 100+48 ENHANCEMENTII UT3 REACH 2 100M0112+31 ENRANCEMENTI UT3 REACH 3 112+33 115+62 PRESERVATION UT3 REACH 4 115+62 124482 RESTORATION UT — 1+14 3+61 PRESERVATION LIT -» 1+00 3+33 ENHANCEMENT II PROPOSED CONSERVATION EASEMENT SHE 1.3 SHEET 1.2 i Tv c - o UT 5 FBEG1N UT z STA 0+01 BEGIN UT 3 STA 100+00 fr1�] �-1 m z ZOnom � m 4 4rv�nm n Q ri o �W �Zhmm ^^Zm.�mr htU v., - r� Z r -i J u. 0� H ME Construction Notes: GENERAL NOTES: 1. CONTACT NORTH CAROLINA "ONE CALL" CENTER (1-800-632-4949) PRIOR TO COMMENCEMENT OF WORK. ALL DAMAGE TO UTILITIES BY CONTRACTOR SHALL BE REPAIRED AT CONTRACTOR'S EXPENSE. 2. CONTRACTOR TO REPAIR DISTURBED AREAS TO PRE -PROJECT CONDITIONS. 3. CONTRACTOR SHALL DISPOSE OF EXCESS SOIL IN DESIGNATED SOIL DISPOSAL AREAS. CLEARED AND GRUBBED MATERIALS INCLUDING TREES, SHRUBS, AND INVASIVE SPECIES SHALL BE BURNED ON PROJECT SITE AFTER OBTAINING NECESSARY PERMITS. NO EXCAVATED MATERIALS MAY LEAVETHE PROPERTY. EROSION CONTROL NOTES: 1. CONTRACTOR SHALL INSTALL AND MAINTAIN EROSION AND SEDIMENT CONTROL DEVICES IN ACCORDANCE WITH LOCAL, STATE AND FEDERAL REQUIREMENTS. ADDITIONAL EROSION AND SEDIMENT CONTROL BASED ON WEATHER CONDITIONS OR ADDITIONAL DISTURBANCE SHALL BE AT CONTRACTOR'S EXPENSE. 2. LOCATE EQUIPMENT AND MATERIALS IN DESIGNATED STAGING AREAS. CONSULT WITH ENGINEER BEFORE UTILIZING ANY STAGING AREAS NOT DEPICTED ON PLANS. ENGINEER WILL CONTACT ARO/LAND QUALITY INSPECTOR FOR PRIOR APPROVAL TO ANY REVISIONS. 3. PUMP -AROUND FLOW DIVERSION SHALL BE IN PLACE PRIOR TO BEGINNING ANY IN -STREAM WORK. SEE SHEET 4.2. 4, INSTALL SILT FENCE ON STREAM SIDE OF ALL SOIL STOCKPILE AREAS OR STAGING AREAS THAT CREATE BARE GROUND CONDITIONS. 5. INSTALL APPROPRIATE EROSION AND SEDIMENT CONTROL DEVICES PRIOR TO COMMENCING EARTHWORK AND IN -CHANNEL WORK. THIS INCLUDES ALLSILT FENCE, TEMPORARY STREAM CROSSINGS THAT MAY BE UTILIZED DURING THE WORK DAY, AND THE PUMP AROUND SYSTEM. 6. EQUIPMENT BROUGHTTO PROJECT SITE SHALL BE CLEAN AND FREE OF LEAKS. 7. CONTRACTOR SHALL PERFORM FUELING AND MAINTENANCE ACTIVITIES AT LEAST 100 FEET AWAY FROM STREAM AND SHALL MANAGE ALL FLUIDS TO PREVENT LEAKING ONTO GROUND OR TO ALLOW FOR IMMEDIATE CLEAN-UP. 8. STREAM WORK SHALL BE LIMITED TO AN AREA THAT CAN BE STABILIZED WITH SEED, STRAW AND MATTING BY THE END OF EACH WORK DAY. 9. HAUL ROADS, SOIL DISPOSAL AREAS, STAGING AREAS AND OTHER UPLAND AREAS DISTURBED DURING CONSTRUCTION SHALL BE STABILIZED WITH SEED AND MULCH UPON COMPLETION OF GRADING ACTIVITIES. SEE SHEET 4.3 FOR SEED MIXES. 10. NO MATERIAL FROM THE OFF-LINE CHANNEL EXCAVATION MAY BE BACKFILLED INTO ADJACENT, ABANDONED CHANNEL SEGMENTS UNTIL THE NEWLY CONSTRUCTED CHANNEL SECTION HAS BEEN COMPLETED AND STABILIZED AND THE STREAM FLOW HAS BEEN DIVERTED INTO THE NEWLY CONSTRUCTED CHANNEL SECTION. Existing Features - - - - Existing Property Line ------BSn------- Existing Major Contour IS' Interval) - - - - - - - - - - - - - - Existing Minor Contour Existing Fence 10+00 -i- Existing Thalweg Alignment -- - - - - - Existing Stream Channel Existing Tree Ground Stabilization Requirements per NCG01 Site Area Description Stabilization Time Stabilization Time Frame Frame Exceptions Perimeter dikes, swales, 7 days None ditches and slopes See Sheet 4.1 10+48 High Quality Water 7 days None (HOW) Zones - -� - Proposed Thalweg Alignmentr_ Slopes Steeper than 3:1 7 days If slopes are 10' or less in length -7 and are not steeper than 2:1, 14 -•••--••••-••••-••••-Proposed Top of Bank days are allowed Slopes flatter than 3:1 14 days 7 days for slopes > than 50' in --' length All other areas with 14 days None (except for perimeters and slopes < 4:1 HQW) Extensions of time may be approved by the permitting authority based on weather or other site-specific conditions that make compliance impracticable. Inspection and Record Keeping Requirements per NCG01 Measures shall be inspected once per 7 calendar days and within 24 hours of a rainfall event of greater than 0.5" per 24 hour period. Corrective actions shall be performed as soon as possible before the next storm event. Records must be kept on-site and available for review during construction and must be maintained for 3 years and be available upon request. A rain gauge must be installed at the site. ABBREVIATED CONSTRUCTION SEQUENCING: PRE -MOBILIZATION - SCHEDULE AND ATTEND PRE -CONSTRUCTION MEETING. CONTACT NC DEMLR TO NOTIFY OF INTENT TO BEGIN CONSTRUCTION AT LEAST 72 HOURS BEFORE MOBILIZATION. PHASE 1 - MOBILIZATION AND SITE PREP 1. MOBILIZE EQUIPMENT AND MATERIALS TO THE SITE. LOCATE LIMITS OF DISTURBANCE. ESTABLISH STAGING AREAS, HAUL ROADS, SILT FENCES AND OTHER BMPS. INSTALL RAIN GAGE AND LOCATION FOR MAINTAINING EROSION AND SEDIMENT CONTROL INSPECTION REPORTS. 2. ALL HAUL ROADS WILL BE MONITORED FOR SEDIMENT LOSS ON A DAILY BASIS. IN THE EVENT OF SEDIMENT LOSS, SEDIMENT FENCE OR OTHER APPROPRIATE PRACTICE WILL BE INSTALLED. 3. BEGIN CLEARING AND GRUBBING. LIMBS, BRANCHES, AND TRUNKS THAT REQUIRE REMOVAL PER THE PLANS WILL BE SALVAGED FOR USE 1N BANK TREATMENT. STEMS AND ROOT MASSES OF EXOTIC SPECIES (MULTI -FLORA ROSE, CHINESE PRIVET, ETC) SHOULD BE BURNED ON-SITE OR DISPOSED IN APPROVED BACKFILL LOCATIONS, OTHER MATERIALS NOT USED FOR BACKFILL WITHIN 7 DAYS OF EXCAVATION WILL BE STABILIZED WITH SEED AND STRAW MULCH PHASE 2 - CHANNEL GRADING AND IN -STREAM STRUCTURE INSTALLATION 4. INSTALL PUMP -AROUND FLOW DIVERSION AND DEFINE WORK REACH BASED ON LENGTH OF DIVERSION HOSES AND LENGTH OF CHANNEL THAT CAN BE STABILIZED BY THE END OF EACH WORK DAY. PROCEED DOWNSTREAM IN SECTIONS. COMPLETE BANK GRADING, IN -STREAM STRUCTURES, AND50IL LIFTS AND ENSURE THAT CHANNEL BEDAND BANKS ARE FULLY STABILIZED BEFORE REMOVING FLOW DIVERSION AND MOVING TO THE NEXT DOWNSTREAM REACH. 5. WITH FLOW DIVERTED, HARVEST COBBLE AND GRAVEL MATERIALS FROM BED OF ABANDONED CHANNEL FOR RE -USE IN CONSTRUCTED RIFFLES AND OTHER IN -STREAM STRUCTURES. 6. CREATE CHANNEL PLUGS AND BACKFILL ABANDONED CHANNEL SECTIONS AND VERNAL POOLS AS INDICATED ON THE PLANS. BACKFILLING WILL BE PERFORMED AS NEW CHANNEL GRADING PROGRESSES DOWNSTREAM. 7. NO WATER SHALL BE TURNED DOWN THE OFF-LINE PORTIONS OF THE STREAM UNTIL IN -STREAM STRUCTURES ARE INSTALLED IN THE STREAM BED AND THE BANKS ARE GRADED AND FULLY STABILIZED USING EROSION CONTROL MATTING, SEED, AND MULCH. 8. AT THE DOWNSTREAM END OF THE NEW CHANNEL EXCAVATION, THE PUMP -AROUND SHALL BE USED TO DIVERT FLOW IN MARY'S BRANCH UPSTREAM OF THE NEW CONFLUENCE UNTILTHE NEW CHANNEL SEGMENT IS FULLY STABILIZED WITH CONSTRUCTED RIFFLE, SEED, AND MATTING. PHASE 2A- BIOENGINEERING AND PLANTING 9. IF CONSTRUCTION COMMENCES PRIOR TO THE END OF THE DORMANT SEASON, BIOENGINEERING (BRUSH MATTRESSES AND SOIL LIFTS) AND LIVE STAKING WILL BE COMPLETED CONCURRENTLY WITH CHANNEL GRADING AND IN -STREAM STRUCTURE INSTALLATION. LIVE CUTTINGS USED IN BIOENGINEERING MEASURES MUST BE DORMANT ATTHE TIME OF INSTALLATION. 10. IF CONSTRUCTION COMMENCES AFTER THE DORMANT SEASON ENDS, BIOENGINEERING WILL TAKE PLACE DURING THE NEXT DORMANTSEASON. 11. TREE ANDSHRUB PLANTING AND LIVE STAKING WILL BE COMPLETEDAFTER GRADING OPERATIONS ARE COMPLETE AND DURING THE DORMANTSEASON (GENERALLY BETWEEN DECEMBER AND APRIL). PHASE 3 - DEMOBILIZATION 12. UPON COMPLETION OF STREAM AND FLOODPLAIN GRADING OPERATIONS, THE CONSTRUCTION HAUL ROUTES AND STAGING AREAS WILL BE GRADED, RAKED, SEEDED AND MULCHED AS NEEDED TO STABILIZE AREAS. ONCE THE SITE IS STABILIZED, SILT FENCES WILL BE REMOVED. 13. THE CONTRACTOR WILL ENSURE THAT THE SITE 15 FREE FROM TRASH AND EXCESS CONSTRUCTION MATERIALS PRIOR TO DEMOBILIZATION OF EQUIPMENT FROM THE SITE. 14. NOTIFY NC DEMLR OF PROJECT COMPLETION. Proposed Features Proposed Structures cc - a: - a Conservation Easement Proposed Constructed Riffle (Easement to be Fenced with 5 -Strand Barb Wire) ff�u See Sheet 4.1 10+48 - -� - Proposed Thalweg Alignmentr_ _�------- -7 Proposed Brush Mattress -•••--••••-••••-••••-Proposed Top of Bank `---7-�--� See Sheet 4,1 (Bankfull) --' - - - - Proposed Back of Bench - Proposed Vernal Pool (Fill Tie-ln to Existing Grade - See Sheet 4.3 or Toe of Cut Bench) - - - - - - - --Proposed Grading Tie-in i { Proposed Channel Plug (Cut Tie-in to Existing Grade) See Sheet 4.3 nl- bl---- Proposed Silt Fence See Sheet 4.2 1 - Proposed Sail Lift with Brush Toe -III-� I See Sheet 4.1 Proposed Tree Removal � � 1-i � �-�' Proposed Ford Grassing ® See Sheet 4.4 AQ Proposed Upland Gully Stabilization f� See Sheet 4.4 Proposed Rock Step �}-+( See Sheet 4.4 u7 Z��°mNmq gZmMz -TE I� I� QJ � (J � a � a I LA O � O co cu G iC Q) CI] W ca O Q O t.., PT -1 Ca x M Qj O i 905 900 695 690 6+00 0' 2' 4' 6' N[nn[u1 0' 20' 40' 60' Ittontmrnul 6+50 CE 7+00 7+50 8+00 8+50 9+00 9+50 10+00 10+50 11+00 0' 20' 40' 60' {naRuorc��l STA 7+90 _ _ ~---_CF Cc -----------BEGINENHANCEMENTI,-----__----- ~ _`------------------------ CE - " ~ ` k - ------- -- -------------------- ~`-- -- ---925-------- ------------ - - o -- - - ~ == - . � r , ^ t _ W � i ----------- - ---- ----- -- --------------- --------- 0A + —-' ]1 I iI1 z=a�Mm� ry ulm dN a -=dig �m - �Z��rLLE s0 - -- - — — _ -- -- -------1 _ ~00 `____-______ - - ---------------- ------------------- -- _ — 23 J3 a n $ F c II \ I l 900 \ EXISTING THALWEG PROFILE -1 � 895 1 89i 6+50 CE 7+00 7+50 8+00 8+50 9+00 9+50 10+00 10+50 11+00 0' 20' 40' 60' {naRuorc��l STA 7+90 _ _ ~---_CF Cc -----------BEGINENHANCEMENTI,-----__----- ~ _`------------------------ CE - " ~ ` k - ------- -- -------------------- ~`-- -- ---925-------- ------------ - - o -- - - ~ == - . � r , ^ t _ W � i ----------- - ---- ----- -- --------------- --------- 0A + —-' ]1 I iI1 z=a�Mm� ry ulm dN a -=dig �m - �Z��rLLE s0 - -- - — — _ -- -- -------1 _ ~00 `____-______ - - ---------------- ------------------- -- _ — 23 J3 a n $ F c 895 690 885 680 876 1i+o0 11+50 12+00 12+50 13+00_ 13+50 14+UU 14+mu - •- -- G 5 ago 885 880 676 50 _ ------------- S- ` - --9j` - - LE- -- .----- _� __ -'-f - - _a I r -_ _ __ - : -----------`- - - -- - urz CF / JW AE _ _ = a5+D0 -e 77 --, - ti - ` I \ •\\ �or - - - _ - _ - - �_ _------------- F �_• � G --qty m 1 `VI ~ �a ------`------ -- _ Lrt CD ----- PROPOSEDUPLAND GULLY STABILIZATION{7YP.] _ V `-.tT--__ -_ __-g�&_______ � 0' 20' 40 60N LOQ d :.0 O s~ 5 880 875 870 865 864 16460 17+00 0' 2' 4' 6- 17+50 1B+00 18+50 rE � CE - -_---910 ---------------- --- -----------`---- ------ -- - 19+00 19+bu urz rr ti EF _L z.z �m�m4 4,1 '9N�m„ _x=mti� a�^a'fE -y LL 875 t�4�0040� 4v��4Je coo 870 865 B54 00 1 fC i ff r u Cf } J CE = _ -_ `r- -------- ~ - /. ----------- ----------- ------ - -005'-� - m \�Y i {� - -��/ O 31 -----`---`- ----------- - - b- �•__-` ___�-_ _ --- -_ - ``--- - --_ - ------------------- - - _ i] ________________ 3] � o' zo' ao' Bo' ploavoamEl 865 860 655 85C 24+00 241�u 365 860 855 850 30 22+00 ----- -- 22+50 23+00 23+50 CE - - .�-895-- -___"" cr _ - - -------------------- ___ --_ __ z_4F-------_ - ----- --------------------- ----------------- -- -e8s - ---- - ----1� _ - -- _ �- ---_ _--I------ - - STA22+90 BEGIN RESTORATION --- n1 }._- .- --- ---------------! _ _ '11V STA 22+65 q- END ENFEANCEMENT I f�� r..� -�-� - �1 466 � �y _. -. - —. '�~ / -i -- •5i ? OSSING PAOPOSERFDRDCR _ , ;. -- _ - - -__ _---------- _ -`__'^ -- - - - - - - - - - - - - - - - - - - - 1 .37 `✓ - 33 33 0' 20' AO' 60' liioueenrnnu rEn �z��MmLL �NNRI W Van b ZT Ki n 66R B55 840 I 1 2 d l _ � I I / f PROPOSED THALWEG PROFILE PROPOSED BANKFULLPROFILE EXISTING GRADE ALONG PROPOSED ALIGNMENT 0' 2' 4' 8' 660 IvenTIaq 1 6' 20' 40' GD' i f - I t�oa2o�uo- 855 850 I I � + B45 � m ! } n w 640 r CE J� le �✓ i�:,_ -Y .�- / , i ir.'�r==•4._ _�:��� /� _ — ------------------------- ---_-__ •___� r!.. UT2 F�$ ------- _ --- STA 31x28 _ __ qcx---------'" ... a� ................... -----`--------- ___ ENQRESTORATION i ilk U) Qu omvoq ='m-m- a�m 2�n m y AL'm w..y7 aJ�Qr2E �J LL ER 1! - ------------ --__ g PROP05EDFORD CROSSINGS � e w m ffi 4' 20' 40' 60' s a g n 9 6 {eonaornnip i I I I I1 I 1 1 1 1 I 837 037 27+00 27+50 28+00 28+50 29+DO 29+50 30+00 30+50 31+00 31+41 33 N r CE J� le �✓ i�:,_ -Y .�- / , i ir.'�r==•4._ _�:��� /� _ — ------------------------- ---_-__ •___� r!.. UT2 F�$ ------- _ --- STA 31x28 _ __ qcx---------'" ... a� ................... -----`--------- ___ ENQRESTORATION i ilk U) Qu omvoq ='m-m- a�m 2�n m y AL'm w..y7 aJ�Qr2E �J LL ER 1! - ------------ --__ g PROP05EDFORD CROSSINGS � e w m ffi 4' 20' 40' 60' s a g n 9 6 {eonaornnip i 930 Sao o' 2' 4' 6' Nrmlcm) 0' 20' 40' 60' INORIIONf41 925 925 l t 1 5� \ \ 920 920 EXISTING THALWEG 915 915 \�-----------� \ 910 910 100+00 140+50 101+00 101+50 102+00 102+50 103+00 103+50 .p er 1L��--� 33 a CL CE �r —._ --_ _ __ _ --- - UT -4 I I 4 I I � ------------ STA 100+48 _ _ - p--------- . BEGIN ENHANCEMENT I. " jaA _` _ - ��. _ _ �f '� - _ _ �• .-ice - _ -- - - "� �_ _ S`-� l-=- _ - - - _ - -------------------- 2 - - - - - - - -- --- - REPLACEEXISNNG _--------------------- Tn ---- WITH 30 ---- _ -`----------- CULVERT "CMP STA 100+00 - - - - - - BEGINENHANCEMENTII - - _ -- - s3s. a -------- i 4 �_ r �- + 37 �^ n 33-� 33 r - -- -- r U1 IL 33 0' 20' 40' 60' uronuaernu [11 v� m zL"a�voq ��u gUnm� �21+m /1=F—fir J •••V C m �i tiW u 9 Y' Ae" O� CO H H 00 920 915 910 905 900 103+50 � � 1 I l 975 I I I V V I V I I I I I VI oa ti \ II O m 4� w m m 910 H m5; �4 . \ , n a G > m P �P i C P o° GW EXISTING THALWEG PROFILE \ � 905 \ , PROPOSEp THALWEG PROFILE — — — — — — 90C 104+00 104+50 105+00 105+50 106+00 105+50 0' 2' 4' 6' nc�,ws 0` 20' 40' 60' INORIZ Mal UT3 - ' jr _-- . i � �------H-r� 33 u 925 \- ✓f. CE a a cc CE - - - -- - - - -- i _- .----- o�;00 P ---------- G- ....... -- _ 916- -=.�XJ . .s d. ol1�. ----------------- F _ r -~---_~ -�' - - ------------ ------ WITH 30 - -'--g -------------- cm -- __ _ REPLACEEXISTING ` _ Zod' -CULVERT "CMP - ---------�- ---------- 90. - I � rCC �a _ - - - - I ------------ -'-- _ - `935 _ E A a -.a �'-�--____ - 31 ~- __6~-- --~---- o ` -. N 0' 20' 40' 60' IunRllal+rnu . In z° ow�m a ti r�zx�mgd nma 'az °�r:E LL a 900 895 B90 885 BBE 671 106+50 107+00 107+50 i0c+uv IlIO- 4' G. 40' 60' �� omvoq ;;R!TTn=!M �1 Z cm nmLL ell h_x=mrd tiu LL 995 890 8B5 680 877 50 s3o------------------- -- 1 ' UTS PRESERVATION .SEESHEE73.1 _ ` _ _-.a. .. �I —------ ____ --- ■ _ - NQS'--'------' jg ---- _ _ - WV -r - - _ - - 2 - I V _ + ti ` I 1 I 1 - -=b---------_ ----=----=-=-- - - - - =- -_ -------------- ---------------------- 'J20.----------------- - Aa cE - - -525 - -- - ¢ ¢ CELn - \ \ ty - - _ f• CE /// r� CE I --I I --I W U] U! a a I ❑' 20' 40' 60' IHONIZONTXLL _ 650 875 870 865 860 957 1 I I S I \ I 11 1 5 l 1 EX15TING THALWEG PROFILE l 111+50 112+00 112+50 880 675 870 865 860 857 113+00 113+50 114+00 114+50 115+00 D' 2' 4' V (Y[PrICALJ 0' 20' 40' 60' IIIOPIZOMNI 1 - --- -- _'- - _-__ - --- b ------- ----------------_--- ------ 0 20' 40' 60' 1 UT4 �. Ilrowzolrra) PRESERVATION - --------------------------- SEE __ __ QI SEE SHEET 3.1 ------- STA 112+33 _ _ _ — k ENDENHANCEMENTI-- ------ ------- ` BEGIN PRESERVATION = ------ - - _ - _ -- - - - -- - - ------------- Yn A 8 _ _ _ - 33 / al_ 865 -- e95 H H US r ZC omvoq nn�S-mr4 m'u_x� -aZ��l°LLE tiu u 0 GO m I 850 B55 850 045 115+00 115+50 118+94 116+50 - 117+00 117+50 118+00 118+50 11t1+uu n a*au 0' 2' 4' 6' mlrnr} 40' 60' atomul 860 855 050 � �r- „�X ----- - Ura- L4 - ------------ 1fj 0' 20' 40' 60' �IIOAIIDMAII N l / STA 11540"..'t L _ END PRE5ERVATION. BEGIN RESTORATION cr 77 c",, til '\ ♦ �.�I r - - - - \ �' - '_ � -------------- ft MATCHLiNE STA 120+00re Crco v7 a -g— Z, --R-P arv.nm , =rS -aZ��rLLE co k 120+00 120+50 121+00 121+50 122+00 122+50 123+00 123+50 124+00 124+50 855 D 2 4 6 9 b mW p' 20' 40' 60' zc�me�LL z m„m plcnimurn�l � �,�'�Qrid k:3 ZW !LLE 85D 441 Q' �y �O �G�O 845 GQ 640 635 125+00 � I� 33 --- I] {HOftII9NTAlI PROPOSED FORD ✓� ---- -- - ``�' -----$--- - = _ 3] a] CROSSINGS 1000, .1000 STA 124+82 �..: - - - - - - END RESTORATION - - � ! � ..r. , � - ___ • �,� ,gym �k: � -- __ _ Ur3 _-_-_-_ - � --_- -- - �_ 1,13 --- - / N - - 8ps\^P�------ _ ----- - ---ass-----�`�~� ,� _________________------------------ gc,U I - I _ 1r r12q 91 y Lt I I H cu U a a CU o � P4 ,c�a E rrca VJ W w F! vl � n � P B50 r. iz T.. '•mow. a w n „ � 4 q•� 0% \ I 5. •41 Zr � n a ¢ n M5 1345 � � \ ice. r —•.,� _ _ < � ; ., , 1 l • -• — - � � � !r Y �r � Q � e g o a 2.1% 1 y�v EXISTING GRADEY PROPOSED THALWEG PROFILE � r ALONG PROPOSED ALIGNMENT Y w 1340 — IL—� PROPOSED BANKFULLPROFILE B35 120+00 120+50 121+00 121+50 122+00 122+50 123+00 123+50 124+00 124+50 855 D 2 4 6 9 b mW p' 20' 40' 60' zc�me�LL z m„m plcnimurn�l � �,�'�Qrid k:3 ZW !LLE 85D 441 Q' �y �O �G�O 845 GQ 640 635 125+00 � I� 33 --- I] {HOftII9NTAlI PROPOSED FORD ✓� ---- -- - ``�' -----$--- - = _ 3] a] CROSSINGS 1000, .1000 STA 124+82 �..: - - - - - - END RESTORATION - - � ! � ..r. , � - ___ • �,� ,gym �k: � -- __ _ Ur3 _-_-_-_ - � --_- -- - �_ 1,13 --- - / N - - 8ps\^P�------ _ ----- - ---ass-----�`�~� ,� _________________------------------ gc,U I - I _ 1r r12q 91 y Lt I I H cu U a a CU o � P4 ,c�a E rrca VJ W w F! UT4 b 1 tY STA 3+61 ' END PRESERVATION 1 1 STA 1+00 �`� , R" %i. • - 91 BEGIN / ENHANCEMENT II UT5 ' a� 6. ,STA 3+33 END ENHANCEMENT IIzlf #. r 4 / I I 0' 20' 40' 6D' IHDAI=OMAL) 0' 20' 40' 60' IIIOIIQOMAII Apr,Pm a nnz=ymoa -aZ ��rLLE Nu LL ca U Xa � a rr w i•'1 � 0 O � 4� �V m^, � W r^ V J W O Q � O w ao 6" DIVERSION EROSION CONTROL BERM AT ENGINEER'S MATTING W/ MATTING STAKES SEE PROFILE D15CRETION J- En FOR LENGTH OF RIFFLE BRUSH MATTRESS STAKE ., B, 2' TOR501L m U m-9 LIVE CUTTINGS }: z Z v ^" MIX OF CLA551 i75%) W d n m m AND CLASS A (25%) STONE; SEE NOTE 6. BRUSH MATTRESS STAKE Z =- m S A�md_.., TWINE BASE FLOW ra E »LAG) �C)gC7� ]?c�C z �rs�0F8 38" MI M BED HEAD OF RIFFLE ELEVATION G a NATURAL FIBERTWINE 3' TYP 4Nk� yzf NOTES: POINT PER PROFILE A, °m r i PLACE LIVE CUTTINGS ON GRADED BANK WITH A C­1�j 1 j n s TOP OF MATTRESS SECTION � BUTT ENDS EXTENDING TO BASE FLOW WATER SURFACE. J r r :d 2. DRIVE STAKES HALFWAY INTO BANK BETWEEN FLOW `,.g in CUTTINGS. WRAP TWINE AROUND STAKES AND - OVER CUTTING5 TIGHTLY, DRIVE STAKES Qi FURTHER TO TIGHTEN TWINE AND SECURE TAIL OF RIFFLE ELEVATION .E , ,� UVE CUTTINGS, SLIGHT CRISS-CROSS CUTTINGS TO SLOPE. Q� POINT PER PROFILE _ >; _ PATTERN, MIN. 15 STEM5 PER SQUARE YARD 3. FILL VOIDS BETWEEN CUTTINGS WITH LOOSE �1 70E OF BANK "-_ TOP5011L SEED AND MULCH SURFACE. 4. INSTALL EROSION CONTROL MATTING OVER �5 TOP OF BANK (TYPI TOPSOIL, USING 18" LONG MATTING STAKES. Plan View L B STONE TOE 5. PLACE MATTING.NETOE OVER END OF MATTRESS Ge PLAN 6. ON-SITE COBBLE AND GRAVEL MEETING STONE SPECS MAY BE SUBSTITUTED FOR IMPORTED RIFFLE VENEER 18" THICKNESS STONE. CLASS B RIP RAP z Brush Mattress 7• SBRUSH TAKESCUTTINGS TO BE SAME SPECIES AS LIVE MIX WITH ONSITE RIFFLE INVERT PER PROFILE 9.1 Not to Scale COBBLE/GRAVELAND SAND TO FILL VOIDS -j .I TOP OF BANK(TYP) sv EXTEND STONE TOB EXISTING Section B -B' GROUND WHERE APPLICABLE, NOTES: SEE DETAIL 1, STOCKPILES AND SOIL DISPOSAL AREAS SHALL 1 -,Constructed Riffle ONLY BE PLACED IN AREAS DESIGNATED ON Profile A A' a 4.1 Nat to Scale RIGHT AND LEFT EDGE OF THE PLANS. CHANNEL 0.1-0.2' HIGHEREO THAN INVERT 2. SILT FENCE SHALL BE PLACED ON STREAM SIDE 570 0 p _ _ OF ALL STOCKPILES. j .l 1- 3. PERMANENT SOIL STOCKPILES (SOIL DISPOSAL) SHALL BE COMPACTED IN LIFTS MOTTO EXCEED I d� 12" AND BE STABILIZED WITH TEMPORARY AND U 2.5 MIN. I i I n u PERMANENT UPLAND SEED AND MULCH Ri F� MAINTENANCE NOTES: 1 1. ALL STOCKPILE AREAS AND 511T FENCES HALL`1 I �1 I ,—L m U0 cu Q 2' REFER TO TYPICAL SECTIONS -' _III BE INSPECTED AT LEAST ONCE PER WEEK OR COMPACTED AFTER 0.25" OF PRECIPITATION WITHIN 24 BACKFILL EROSION CONTROL MATTING WRAPPED AROUND SOIL LIFT I HOURS. (f] W TOP OF BANK 2. SILT FENCE SHOULD BE INSPECTED FOR TEARS, SILT FENCE 4-6" PER ENGINEER'5 DISCRETION _JBANKFULLJ _ UNTRENCHEO AREAS, OR OTHER FAILURES AND O 1'SOILLIFTS TOTOP OFBANK. ���� ���� � •��7A".7��,�' . WILL ONLY REQUIRE TWO LIFTS IN / /// ///�/ REPAIRED WITHIN 24 HOURS ELEV. 3" ABOVE �/ POOL AREAS 3. SEDIMENT SHALL BE REMOVED FROM BEHIND QE' DOWNSTREAM OW EEXISTING GRADE SIHVERT / 1S ��' G/j\r/\\\ THE SILT FENCE ONCE DEPTH REACHES 6" PICAL SSECTION O [--i \y�\ ia15oi1 Stockpile and Soil Disposal >~ 4.1 Not to Scale w I TOE OF SLOP \ \\ �V�A VA%AA%AAA/ VAA\%A: _ �iAA/%�� NATIVE SOIL NOTES: //�� _ i� 1. DIVERSIONS AND STONE OUTLETS SHOULD BE LIENSE'LU; A%%/�`%i HAUL ROAD CONSTRUCTED CONCURRENTLY WITH HAUL ROAD. ELEV. B" BELOWBRUSHWOODY COMPACTED , POOL DEPTH DEBRIS BACKFILL TO BRING q� SMALLER CONVEYANCES 2. MINIMIZE DISTURBANCE TO AS NARROW OF A LANE A OLD CHANNEL UP TO ACROSS THE HAUL ROAD MAY POSSIBLE. L GRAVELISANDDESIGN PROFILE —� \\ BE ADDED AS NEEDED. \ 3. PLACE STONE OUTLETS AT ANY LOW POINTS IN HAUL BACKFILL ELEVATION NOTES: 1. OVEREXCAVATE 2' BEYOND TOE OF BANK. RVWHERE RUNOFF MIGHT COLLECT. Section A -A' 4. AVOID VERTICAL SLOPES WHEN CONSTRUCTING 2. INSTALL ALTERNATING LAYERS OF LOGS, DIVERSION CONVEYANCE A BRUSHIWOODY DEBRIS (SMALL BRANCHES AND 5. REMOVE5TONE, SMOOTH AND SCARIFY COMPACTED SOIL MOUND ROOTS COLLECTED ON-SITE) AND LAYERS OF DISTURBANCES, SEED AND MULCH HAUL ROAD UPON f EROSION CONTROL MATTING RACKFILL (BED MATERIAL) TO FILL ANY VOID DEMOBILIZATION. DIVERSION CONVEYANCE 'jq) SPACE. LIGHTLY COMPACT BRUSH/WOODY STONE OUTLET MAINTENANCE NOTES: ONC &DEBRIS LAYER. HAUL ROADS SHOULD BE NSPECTED AT LEAST J 3. BRUSH SHOULD BE ALIGNED 50 STEMS ARE PLACED AT LO OROVERYPINTSO 00'AMAXIMUM ROAD1 PER WEEK OR AFTER 0.25I OF PRECIPITATION IN 74 E pP DENSELY PACKED WOODY DEBRIS ROUGHLY PARALLEL AND IS INSTALLED Plan View HOURS. >r SVOP POINTING SLIGHTLY UPSTREAM FROM 2' 2, SEDIMENT SHALL BE REMOVED FROM DIVERSION 0� PERPENDICULAR, MIN. CONVEYANCE ONCE DEPTH REACHES 6" L0� P 4. INSTALL TOPSOIL NEAR TOP OF BRU5H, PLACE 2, F� E UVECUTTINGS WITH GOODCONTACTTO SOIL DIVERSION SECTION p MIN. O 5�0 S. INSTALL EARTH BACKFILL WRAPPED IN COIR_HAUL ROAD NOTE THAT STONE OUTLET IS 6° BRUSH MATERIAL TO BE INSTALLED FIBER MATTING OVER BRUSH/WOODY LAYERc LOWER IN ELEVATION THAN NEARBY DIVERSION g FLUSH WITH HANK:t 6" ACCORDING TO TYPICAL SECTION DIMENSIONS. \� AND CONVEYANCE IS OVEREXCAVATED BY 6" COMPACTED z HAUL ROAD 6. SEED, MULCH AND INSTALL EROSION CONTROL SOIL E Plan View MATTING AND BANK STABILIZATION PER PLANS. MOUND DIVERSION CONVEYANCEZA Diversion Section W m L a Brush To with Soil Lift 5 Haul Roads CLASS II RIP RAP w a 4.1 Nal to Scale 4-1 Not InScalc WASHED #5 OR #57 STONE Starve Outlet Section ON FACE OF STONE OUTLET s STAKE (TVP] 6" MIN. OVERLAP IN DOWNSTREAM DIRECTION AT MAT ENDS A A SP 444�: A A ACING A 1. x / A TOP OF BANK x x A A .l A A A x x 'TOE OF SLOPE Plan View EROSION CONTROL MATTING )TYP) ECOSTAKE(TYP) \ TOE OFSLOPE� TOE STAKE (TYP)�/ Section View ECOSTAKE (TYP] TOP OF BANK Erosion Control Mattin 4.2 Not to Scale 4" Ll I _s ry TOE STAKE HIGH STRENGTH DOUBLE STITCHED10' MIN. BETWEEN SEWN IN SPOUT SILT FENCE AND BETWEEN TO OF "1" TYPE SEAMS. TOP OF BANK AND DEWATERING BAG {TOP OF BANK STREAM BED HIGH STRENGTH T STRAPPING EXISTING TERRAIN FOR HOLDING H05F o DEWATERING IN PLACE. BAGz;a:=:,,-..� • STREAM BED `WATER FLOW I 15, FROM PUMP FLEXIBLE R" OF CLASS B RIP RAP/ SILT FENCE DISCHARGE HOSEOR WOODEN PALLETS SEE DETAIL 33.2 Inset "A" FILTER FABRIC Dewatering Ba 15' to 20' SAND BAG X 12" X 6") OR STONE. NOTE: FLAW 1. USE 781)g/m'DENSITY COIR MATTING MAINTENANCE NOTES: DIG SUMP 1' DEEP FOR INTAKE HOSE. 1. ALL EROSION CONTROL MATTING IMPERVIOUS DIKE SHOULD BE INSPECTED AT LEAST (SEE INSET "B") ONCE WEEKLY OR AFTER 0.25" OF SS0Q4 PRECIPITATION WITHIN 24 HOURS. 2, ANY MATTING FAILURES SHOULD BE MAINTENANCE NOTES: REPAIRED WITHIN 24 HOURS. IMPERVIOUS SHEETING Inset "B" Impervious Dike INTAKE 3. TENTING {EROSION OCCURRING 1. PUMP AROUND SYSTEM SHOULDBE UNDERNEATH INSTALLED MATTING) INSPECTED DAILY TO DETERMINE IF IT I WILL REQUIRE PEELING BACK OPERATING PROPERLY AND MONITORED MATTING, REPAIRING ANY RILLS, WHILE IN OPERATION FOR LEAKS OR AND REAPPLYING THE MATTING WHEN DE -WATERING BAG HAS REACHED HOSE FLAW HEIGHT VARIES (2' MIN) 1AINTAIN VM IN. OF FREEBOARD WHILE DIG SUMP 1' DEEP FOR INTAKE HOSE. PUMPING. (fi' MAX. WITHOUT WIRE) �APPROX.� STREAM 3' SS0Q4 Inset "B" Impervious Dike INTAKE 3. TENTING {EROSION OCCURRING 1. PUMP AROUND SYSTEM SHOULDBE UNDERNEATH INSTALLED MATTING) INSPECTED DAILY TO DETERMINE IF IT I WILL REQUIRE PEELING BACK OPERATING PROPERLY AND MONITORED MATTING, REPAIRING ANY RILLS, WHILE IN OPERATION FOR LEAKS OR AND REAPPLYING THE MATTING WHEN DE -WATERING BAG HAS REACHED HOSE 3 Temporary Silt Fence 4.2 01 10 �" c 10' MIN, FILTER FABRIC Inset "C" Stabilized Outlet IMPERVIOUS DIKE (SEE INSET "B") S!} "�l7 B�ao4 tim gu-Z° NOTE: uZ mv c Q L= Y m o 1. PROVIDE STABILIZED OUTLET o m °T - TO STREAM RED. ra a ~ e LL STABILIZED OUTLET USING CLASS B CAPACITY. 2. CONTRACTOR SHALL FOLLOW MANUFACTURER'S RECOMMENDATIONS B' MAX. WITH WIRE -L GROUNDAMINIMUM (fi' MAX. WITHOUT WIRE) OF 6". 51ZE AND TO BE ON DETERMINING WHEN THE INTAKE HOSE SS0Q4 FIELD BY THE ENGINEER. DEWATERING BAG HAS REACHED ITS MIDDLEAND {'i SEDIMENT HOLDING CAPACITY.ANEW DEWATERING VERTICAL WIRES BAG WILL BE INSTALLED WHEN THIS PUMP SHALL BE 12 } OCCURS. GAGE MIN. 3. CONTRACTOR SHALL MONITOR PUMPING RATE {PRESSURE) AND MAKE ACTIVE WORK AREA FILTER FABRIC PUMPING ADJUSTMENTS AS NEEDED TO PREVENT EXCEEDING THE BAGS TOP AND BOTTOM STRAND CAPACITY 4. SEDIMENT FROM DEWATERING BAGS SHALL BE 10 GAUGE MIN. MUST BE PROPERLY DISPOSED OF IN SOIL DISPOSAL AREAS. Plan View 5 AREA UNDERNEATHDDE-WAT BAG WIRE ORED INALG Around System CONDITIONS WITH TEMPORARY AND 2 PUM NOTES: PERMANENT SEED AND MULCH UPON 4,2 Not to Scale REMOVAL OF THE BAG. 1, USE WIRE A MINIUM OF 32" IN WIDTH AND WITH A MAXIMUM MESH SPACING OF 6". 2. USE FILTER FABRIC A MINIMUM OF 36" FILTER FABRIC IN WIDTH AND FASTEN ADEQUATELY TO THE WIRES AS DIRECTED BY THE COMPACTED FILL r EXISTING GROUND ENGINEER. 3. PROVIDE S' STEEL POST OF THE I+ SELF -FASTENER ANGLE STEEL TYPE. I m t MAINTENANCE NOTES: BRIDGE MATS EXTEND FABRIC 4 3' (MIN WATER DIVERSION CHANNEL 1. ALL SILT FENCE SHOULD BE INSPECTED INTO TRENCH F- 0 AT LEAST ONCE WEEKLY OR AFTER 0.25" a c OF PRECIPITATION WITHIN 24 HOURS. Ci 2. TEARS IN THE FENCE, UNTRENCHEDN 5' (TYP)AREAS, IFILTER OR OTHER FENCE FAILURES OPTIONAL SUPPORTSHOULD BE REPAIRED WITHIN 24 HOURS 12" 0 MIN.3. FABRIC SEDIMENTTRAPPEDBEHINDSILTFENCE SHOULD BE CAREFULLY REMOVED ONCEDEPTH B STONE REACHES 6". 3 Temporary Silt Fence 4.2 01 10 �" c 10' MIN, FILTER FABRIC Inset "C" Stabilized Outlet IMPERVIOUS DIKE (SEE INSET "B") S!} "�l7 B�ao4 tim gu-Z° NOTE: uZ mv c Q L= Y m o 1. PROVIDE STABILIZED OUTLET o m °T - TO STREAM RED. ra a ~ e LL STABILIZED OUTLET USING CLASS B RIPRAP TRENCHED INTO EXISTING -L GROUNDAMINIMUM 4¢ OF 6". 51ZE AND TO BE O� LOCATION DETERMINED IN THE SS0Q4 FIELD BY THE ENGINEER. GOA FLEXIBLE DISCHARGE H05E FROM PUMP AROUND PUMP HELD IN PLACE WITH SAND BAGS AS NEEDED. 10' X 5' STABILIZED OUTLET USING CLASS B RIPRAP AND NCDOT TYPE 2 FILTER FABRIC. "'E INSET" SILT FENCE (SEE DETAIL 313.2) DISCHARGF DEWATERING BAG HOSE (SEE INSET"A") b Ln U I ~ ICU O .4., P, to Q) N � W 0I Q H O � w° NOTE: 1, CONSTRUCTSTREAM CROSSING WHEN FLOW IS AT OR BELOW NORMAL BASEFLOW. 2, BRIDGE MATS SHALL BE PLACED FROM ABOVE RATHER THAN DRAGGED INTO PLACE. 3. MINIMIZE CLEARING AND EXCAVATION OF STREAMBANKS. DO NOT EXCAVATE CHANNEL BOTTOM. 4. INSTALL STREAM CROSSING PERPENDICULAR TO THE FLOW. 5. MAINTAIN CROSSING SO THAT RUNOFF IN THE CONSTRUCTION ROAD DOES NOT ENTER EXISTING CHANNEL 6. STABILIZE AN ACCESS RAMP OF CLASS B STONE TO THE EDGE OF THE MUD MAT. 7, CONTRACTOR SHALL DETERMINE AN APPROPRIATE RAMP ANGLE ACCORDING TO EQUIPMENT UTILIZED. S. PLUG GAPS BETWEEN MATS WITH FILTER FABRIC OR SIMILAR TO PREVENT LOSS OF SOIL THROUGH MATS. MAINTENANCE NOTES: 1, ALL TEMPORARY STREAM CROSSINGS SHOULD BE INSPECTED AT ^ LEAST ONCE WEEKLY OR AFTER 0.25" OF PRECIPITATION WITHIN 24 HOURS. B N 2. IF EXCESSIVE SEDIMENT 15 BEING TRACKED ON TOP OF MATS THEN REMOVE WITH SHOVEL AND DISPOSE OF PROPERLY. G EW m a a -'\Temporary Stream Crossing - Bridge Mat - n d o F IN a-2 Not to lkalc NOTES: 1. ALL SOILS WITHIN THE BUFFER PLANTING AREA SHALL BE DISKED, AS REQUIRED, PRIOR TO PLANTING. 2. ALL PLANTS SHALL BE PROPERLY HANDLED PRIOR TO INSTALLATION TO INSURE SURVIVAL 1 INSERT THE DIBBLE, OR SHOVEL, STRAIGHT DOWN INTO THE SOIL TO THE FULL DEPTH OF THE BLADE AND PULL BACK ON THE HANDLE TO OPEN THE PLANTING HOLE. (DO NOT ROCK THE SHOVEL BACK AND FORTH AS THIS CAUSES SOIL IN THE PLANTING HOLE TO BE COMPACT -ED, INHIBITING ROOT GROWTH. DIBBLE BAR BUFFER WIDTH VARIES l BANKFULL Y RESTORED CHANNEL SEE SHEET 1.1 FOR SPACING 0 0 0 0 0 172' REMOVE THE DIBBLE, OR SHOVEL, AND PUSH THE SEEDLING ROOTS DEEP INTO THE PLANTING HOLE. PULL THE SEEDLING BACK UP TO THE CORRECT PLANTING DEPTH (THE ROOT COLLAR SHOULD BE 1TO3INCHES BELOW THE SOILSURFACE). GENTLY SHAKE THE SEEDLING TO ALLOW THE ROOTS TO STRAIGHTEN OUT, DO NOT TWIST OR SPIN THE SEEDLING OR LEAVE THE ROOTS J -ROOTED. PLANTING BAR SHALL HAVE A BLADE WITH A TRIANGULAR CROSS-SECTION, AND SHALL BE 12 INCHES LONG, 4 INCHES WIDE AND 11NCH THICK AT CENTER. SEED AND PLANT BARE RC INSERT THE DIBBLE, OR SHOVEL, SEVERAL INCHES IN FRONT OF THE SEEDLING AND PUSH THE BLADE HALFWAY INTO THE SOIL. TWISTAND PUSH THE HANDLE FORWARD 70 CLOSE THE TOP OF THE SLIT TO HOLD THE SEEDLING IN PLACE. ROOTING PRUNING ALL ROOTS SHALL BE PRUNED TO AN APPORIATE LENGTH TO PREVENT -ROOTING. PUSH THE DIBBLE, OR SHOVEL, DOWN TO THE FULL DEPTH OF THE BLADE. PULL BACK ON THE HANDLE TO CLOSE THE BOTTOM OF THE PLANTING HOLD. THEN PUSH FORWARD TO CLOSE THE TOP, ELIMINATING AIR POCKETS AROU NO THE ROOT. r, --.,Bare Root Planting q,3 Nottobcale /-; vernal Pool 1.3 NoltoScale FLOW Section View REMOVE THE DIBBLE, OR SHOVEL, AND CLOSE AND FIRM UP THE OPENING WITH YOUR HEEL. BE CAREFUL TO AVOID DAMAGING THE SEEDLING. SEE PLAN SHEETS FOR BANK TREATMENT TO :SOIL SIDE SLOPE PER RIS AND BRUS . TYPICALSECTION Plan vi— CHANNEL nD5 pe Q A' ABANDONED CHANNEL CHANNEL BACKFILL COMPACTED SELECT / MATERIAL _4 Section A -A' ©Channel Plug 4.3 Nol W Sca e z Tleesand Shrubs Imleel al leer 6 at the tollowisgl Seer, c_ lame Wiz, r;a,re 4}3,1 S�'rwa:a T.D aIler Cmra'a!"aors orc;:xaWS 91410r1U,sr s;ams-Cq ,rg-':s„ Yr'dcMvxel S.Sr suxew 51<y vn Lw 5Ca,wa !W.5'o4f ve37a•ASWeig .G,rdlrairTi.rm;.L.:ssma Ytl axaa;; f:vN:,r .sacra 'nae 1.4 ASae scrr ala T q.lde' arla,.x,ul;rs vn=rv:.3 v,rva-a li.irt4e'.^. a•;. ,I�Y'.a'11 Y44CI4WO :RCu1 c..^��uL Syealrwe Befve rnrr awe: E71>M 0 teas eY.+:; 4y:+�• Swu-W Ctenfr t Qu< Plan vi— CHANNEL nD5 pe Q A' ABANDONED CHANNEL CHANNEL BACKFILL COMPACTED SELECT / MATERIAL _4 Section A -A' ©Channel Plug 4.3 Nol W Sca e z Rlpaflsn Seed M.. Dere Sueam Orras C�shlrren eAr• arx up a,d 4,eas Type Sre6,r�i7ale 2D mra:re Jan 1 -May 15 S:r.: ec U, Me :.rm'nnr `.arw Elr rrrar� I'LR..C1 CLlfaP.Rl r.m j;re,-^rrlt r. %; Awarogun'_1`fal-r �,g Bl,es[rm 2. t;ly Zl,/. •,Igor.:.R ti�l�n,r 41^TC &n..,A= wtic40 F„ ;•nsrrtnn r rtan Ird�as 2: Ctu mall' nlallV4 r yilwl L91c 14 :RCu1 c..^��uL SG`. HuS'i 1ti Riparian Seeding 9.3 Not la Scale SEEDING: 1, SEEDBED WILL BE AMENDED WITH TOPSOIL APPLICATION. 2. PH LEVEL OF SOIL SHALL BE 5.5TO7 3, SEEDBED SHALL BE LOOSE AND FREE OF ROCKS AND DEBRIS PRIOR TO SEEDING AND MULCHING 4. FOR PERMANENT SEEDING, REFER TO NOTES ON SHEET 1.1. TEMPORARY AND PERMANENT SEED SHOULD BE APPLIED TOGETHER IF PLANTING DATES ALLOW. MULCHING: 1. 2 TONS PER ACRE 2, GRAIN STRAW PREFERED, NCDOT ALTERNATIVES WILL BE CONSIDERED UPON REQUEST, AS WILL LEAVES 3. SEEDBED SHALL BE LOOSE AND FREE OF ROCKS AND DEBRIS PRIOR TO SEEDING AND MULCHING .Temporary Seeding and Mulching Otto Scale NOTE: 1. LIVE STAKES TO BE PLANTED IN AREAS AS SHOWN ON PLANS AND DIRECTED BY THE ENGINEER. 2. 3x3' AVG SPACING 12 STAGGERED ROWS AT TOP OF BANK, AS SHOWN IN PLAN VIEW OF DETAIL) 3. LIVE STAKING SHOULD BE COMPLETED DURING THE DORMANT SEASON, GENERALLY DECEMBER TO APRIL F LIVE STAKE iTYPI x z 3 TOE OF SLOPE Section View LIVE STAKE TYP TOP OF BANK Fly., xl;.-, Live Staking 9.3 No[ to Scale TOP OF BANK Pen nmt Seed MT, - Disturbed Areas Beyond CIA—UM Ecaemenl Tempofmy 5eeeing IDe Not Apply Afneddrnenlf to SE—M Sankt) Dere Common Nerne SCIm LAIC Nem, Type Planting Rate pbslaciel Jan 1 -May 15 Permnlm Ryeg,aea Wk— pefeane Rye G'a r 1,0 G—A Ay::,A,ii d I ­.,,rine ^ M3 X.70.:g Frm'acr ?50 Slran ML cn = D:fi May 1S- Aug 15 &n..,A= wtic40 a.,strd Agr.Wizrai L TwiI 2.(01 7-- 10.'.7 Fulb'uer 7 W Slran ML cry 4 D_4 ug 1S- Owc 30 RYe G'a r 1 _o 01mird Agr z�durdl L ,reslana :.011 10-'J! FaIOZOI Slran M, .1, 4 Em .Temporary Seeding and Mulching Otto Scale NOTE: 1. LIVE STAKES TO BE PLANTED IN AREAS AS SHOWN ON PLANS AND DIRECTED BY THE ENGINEER. 2. 3x3' AVG SPACING 12 STAGGERED ROWS AT TOP OF BANK, AS SHOWN IN PLAN VIEW OF DETAIL) 3. LIVE STAKING SHOULD BE COMPLETED DURING THE DORMANT SEASON, GENERALLY DECEMBER TO APRIL F LIVE STAKE iTYPI x z 3 TOE OF SLOPE Section View LIVE STAKE TYP TOP OF BANK Fly., xl;.-, Live Staking 9.3 No[ to Scale TOP OF BANK Pen nmt Seed MT, - Disturbed Areas Beyond CIA—UM Ecaemenl Seeding nnle - 30 Iblcac Ca -,mc rlarre Common Nerne SCIm LAIC Nem, Pereenfoge Drdmrdgrnes D.lylis gla—I. 50 Permnlm Ryeg,aea Wk— pefeane 4n Bed U.— Llfclir prate... 5 ymlle pover Trlfollum r-en. 5 G4 U land Permanent Seeding_ Not 10 tlCale Lir* Sul,&& scan rt r,ar-r Ca -,mc rlarre .:w -m �urY Si N, XgnW] Sala Sam" Sky.Allan �rI�SUCL: �'US apJd(01, 1811 .k Sardr,:la :armticr,sn E rk,tcr>y Gel."ala:dlrn nCa ,"ls j nidi—h a0 m 1/2" TO 2" ? a DIAMETER n o 0� Y L N F Live Stake Detail Q m mm wo �av �inmd ii-m2�WM1u II�;��arLLE b U z ai PROTECT EXISTING VEG. AT TOP OF BANK CLASS 1 STONE PLACED IN � LOWEST POINT Section View (Section A -A') ELEVATION AS TOP OF DOWNGRADIENT DAM 4' MIN-� 1' LAYER p57 STONE Gully Stabilization BACKFILL ON-SITE COBBLE OR EQUAL MIX OF CLASS A AND H57 STONE HEADER AND FOOTER ROCKS TO BE 51MILAR IN SIZE TO CLASS I RIPRAP BOTTOM OF UPGRADIENTDAM SHOULD BE AT SAME ELEVATION AS TOP OF DOWNGRADIENT DAM Profile View Gully Stabilization a.a Not to Scale FLOW A' I POOL I WIDEN BOTTOM I f --WIDTH TO TYPICAL STRUCTURE POOL � J _ DIMENSION CONFORM TO ADJACENT TERRACE SLOPE (TYP) NON -WOVEN GEOTEXTILE 9 z HEADER ROCK BACKFILL DEPTH 18" FOOTER ROCK MINIMUM t 1001. U...t} I�t� a tits yrYtil tZ�t �-s 5 t rl� t NONWOVEN FILTER FABRIC Profile View Rock Ste a.q Not loScale FINISHED GRADE AT THALW EG SEE PROFILE . I SEE RIFFLE TYPICAL 5 (TYP) 1 24", SEE NOTE 1- NOTE5: 1. FORD BOTTOM TO CON5IST OF 75% CLASS i - 2595 CLASS A STONE MIX. 2. FORD WIDTH = 15'. z Ford Crossing iA Not to Scale z BOTTOM WIDTH (TYPICAL SECTIONS) _ CONTINUE BOULDERS 2' qINTO BANK (HEADERS AND FOOTERS, BOTH SIDES II W irttti , Itt1 NONWOVEN HEADER ROCK FILTER FABRIC FOOTER ROCK Section View (Section �y��4o4�Or U Q 14 O P~ Appendix E Draft Bond COMPENSATORY MITIGATION INSURANCE THIS FORM PROVIDES CLAIMS MADE AND REPORTED COVERAGE. PLEASE READ THE ENTIRE FORM CAREFULLY. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties, and what is and is not covered. Throughout this policy the words "you" and `your' refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as an Insured under this policy. The words "we", "us", and `our' refer to the Company providing this insurance. "You" and "your" do not refer to the Authorizing Agency. Other headings, words and phases that appear in bold have special meaning. Refer to SECTION II - DEFINITIONS. This policy provides Claims Made and Reported Coverage and has Claims reporting requirements. Coverage provided herein only applies to a Claim first made against the Named Insured during the Policy Period, and reported to us in writing during the Effective Coverage Period in which the Claim is made. This policy does not include a duty to defend or to pay defense costs. Notice of a Default or Deficiency Notice is not a Claim and does not trigger coverage under the policy. The application filed and approved Mitigation Banking Instrument, supplemental materials, and information submitted therewith, are the basis of this policy and are incorporated into and constitute a part of this policy. Any materials and information received with the application for the policy will be maintained on file with the Company and shall be deemed to be attached to the policy as if physically attached. As a condition precedent to coverage, it is agreed by all Insureds that the statements made in the application and supplemental materials are representations made on behalf of all Insureds, that they are material, and that this policy is issued by the Company in reliance upon the truth of such representations. In consideration of the payment of the premium and the undertaking of the Insured(s) to pay the Indemnification Obligation set out in the Indemnification Endorsement attached to this Policy, and subject to the Limits of Insurance set out in SECTION IV — LIMITS OF INSURANCE AND DEDUCTIBLE and the Declarations, and the exclusions, conditions, and other terms of this policy, the Company agrees with the Insured(s) as follows: SECTION I — INSURING AGREEMENT To pay on behalf of the Named Insured the amount of Financial Assurances for which the Named Insured becomes legally obligated to pay as a result of a Claim first made against it during the Policy Period, by reason of a Default under a Mitigation Banking Instrument, to which this insurance applies, provided that, as a condition precedent to coverage, the Claim is reported, in writing, to the Company by the Named Insured or by the Authorizing Agency on the Named Insured's behalf during the Effective Coverage Period in which the Claim is first made against the Named Insured. We will have the right to adjust, pay or settle any Claim seeking Financial Assurances as described in Section V. Reporting, Adjustment & Settlement; and We may at our discretion investigate any Default and settle any Claim that may result. But: 1) The amount we will pay for Financial Assurances under this policy is limited as described in SECTION IV. LIMITS OF INSURANCE AND DEDUCTIBLE; and 2) Our obligation to adjust or pay any Claim under an Effective Coverage Period ends when we have paid the limit of insurance applicable to that Effective Coverage Period, in the payment or settlement of Financial Assurances. ® 2018 by Berkley Specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company Afl rights reserved. CMI XXXX 04 16 Page 1 of 9 SECTION II - DEFINITIONS 1. Adaptive Management Plan means the development of a management strategy that results in a written plan as defined in33.CFR 332,4(c)(12) that anticipates likely challenges associated with Compensatory Mitigation Projects and provides for the implementation of actions to address those challenges. 2. Authorizing Agency — means the Department of the Army, the District Engineer, or other person, entity or agency designated by the Department of the Army, that retains the sole and final authority under 33 CFR 332 to negotiate, determine, approve and enforce the terms of the Mitigation Banking Instrument, and any other documents established thereunder 3. Claim means a written demand received by the Named Insured from the Authorizing Agency, or a claim submitted by the Authorizing Agency on the Named Insured's behalf seeking payment of Financial Assurances as a result of a Default under the Mitigation Banking Instrument. 4. Compensatory Mitigation as defined in 33 CFR 332.2 means the restoration (re-establishment or rehabilitation), establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved. 5. Compensatory Mitigation Project means the site or sites scheduled in the Declarations to the Policy at which the Named Insured is implementing a Mitigation Plan approved by the Authorizing Agency under 33 CFR 332. 6. Default means a written and final determination made by the Authorizing Agency that the Named Insured has failed to successfully implement the Mitigation Plan, in accordance with the Performance Standards, at a Compensatory Mitigation Project site scheduled in the Declarations to this policy, but only if such determination is made following: (1) a period of time more than one year (or shorter period as determined by the Authorizing Agency in accordance with law) after the Authorizing Agency has issued a Deficiency Notice during the policy period or effective coverage period for that Mitigation Plan or Compensatory Mitigation Project site, and (2) the Named Insured's best efforts to mitigate any deficiencies noticed by the Authorizing Agency in any prior Deficiency Notice for that Mitigation Plan or Compensatory Mitigation Project site and to prevent the Default; Default shall not include any determination by the Authorizing Agency that the Named Insured has failed to comply with, or breached, any other term or condition of the Mitigation Banking Instrument or other document thereunder, other than the Performance Standards in a Mitigation Plan for a Compensatory Mitigation Project site scheduled in the Declarations to this policy, or any resultant suspension or termination of the Mitigation Banking Instrument as a result of such non-compliance or breach. 7. Deficiency Notice means a written notice issued by the Authorizing Agency to the Named Insured: (1) advising that it is not progressing towards, or on track to, or meeting the Performance Standards set out in a Mitigation Plan for a Compensatory Mitigation Project site; and (2) requesting that the Named Insured implement measures to correct the deficiencies, including but not limited to implementation of an Adaptive Management Plan, or modifications to the existing Mitigation Plan, and ® 2016 by Berkley specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company, All rights reserved. CMI XXXX 04 16 Page 2 of 9 (3) modifying, decreasing or suspending credit sales of the Mitigation Bank until the Named Insured successfully completes measures to correct deficiencies in the implementation of a Mitigation Plan for a Compensatory Mitigation Project site. 8. Effective Coverage Period means the annual term set forth in the Declarations; 9. Financia[ Assurances means the amount of reasonable and necessary costs to remedy a Default determination by the Authorizing Agency, which amount shall be determined by the lesser of the following: a. Mitigation Expenses required to successfully complete the Compensatory Mitigation at the Compensatory Mitigation Project site from which the Default has been determined; or b. Mitigation Expenses required to provide replacement Compensatory Mitigation at another site; or c. the actual costs to purchase replacement mitigation credits from another mitigation bank and any legal fees associated with the purchase; Mitigation Expenses under (a) and (b) above means the direct costs of engineers, contractors and subcontractors, to design, plan, engineer, construct, and implement the Compensatory Mitigation work at the site, exclusive of profit or markup of any kind by, or in favor of, the Named Insured. Direct costs may include reasonable administrative and management costs incurred by such engineers, contractors, and subcontractors, but only to the extent such costs are directly and exclusively allocable to the actual Compensatory Mitigation work being performed at the site, Mitigation Expenses under (b) above includes the cost to acquire a replacement property and includes legal fees associated with the acquisition. Mitigation Expenses under (a) and (b) above shall not include (i) any costs for insurance or bonds, including those costs attendant to securing and reporting in connection with such insurance and bonds (ii) legal fees of any kind, except those noted in (b) and (c) above, and (iii) cost related to reporting and other obligations under this policy, (iv) any costs, charges or expenses (including salaries, benefits, or fringes) of the Named Insured, unless such costs are directly attributable to the implementation of the tasks and activities for the Compensatory Mitigation and the Company has approved and consented to the work and costs prior to them being incurred. 10. Insured means: (a) The Named Insured but only with respect to Liability incurred from the default of a Mitigation Banking Instrument to which this insurance applies; (b) The Named Insured's current or former members and partners, and their spouses, but only with respect to liability incurred from the Named Insured's Default of a Mitigation Banking Instrument, to which this insurance applies; (c) The Named Insured's current or former directors, executive officers, and stockholders, and their spouses, but only with respect to liability incurred from the Named Insured's Default of a Mitigation Banking Instrument, to which this insurance applies; 0 2016 by Berkley Specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company. All rights reserved. CMI XXXX 04 16 Page 3 of 9 11. Mitigation Bank means the site, or suite of sites, where aquatic resources are being restored, reestablished, rehabilitated, established, created, enhanced, and/or preserved as part of the Compensatory Mitigation Project governed by the Mitigation Banking Instrument as shown on the Covered Location Endorsement. 12. Mitigation Banking Instrument means the legal document scheduled in the Declarations to this policy, provided that such plan is prepared, approved, filed, and documented in compliance with applicable law. 13. Mitigation Plan means the plan prepared by the Named Insured per 33 CFR 332.4 c(2) through c(14), and approved by the Authorizing Agency, for Compensatory Mitigation to be performed at each Compensatory Mitigation Project site as shown on the Covered Location Endorsement. 14. Named Insured means the entity listed in the Declarations to this policy that has executed the approved Mitigation Banking Instrument. 15. Policy Period means the period set forth in the Declarations, or any shorter period arising as a result of cancellation or termination of the policy. 16. Performance Standards as defined in 33 CFR 332.2 means observable or measurable physical (including hydrological), chemical and/or biological attributes that are used to determine if a Compensatory Mitigation Project meets its objectives. SECTION III — EXCLUSIONS This insurance does not apply to Claims, Defaults, or Financial Assurances based upon, arising out of, or relating to: 1. Liability assumed by the Named Insured under any contract or agreement, including but not limited to liability for payment of attorneys fees, termination fees, consequential or liquidated damages, or liabilities of another pursuant to any indemnification agreement, except for liability to pay Financial Assurances as a result of a Default under a Mitigation Banking Instrument. 2. Any legal fees, costs, or expenses (including expert or consultant fees) incurred in the defense of any liability or obligation of the Named Insured for any reason. 3. Fluctuation in, short fall of, or devaluation of, the monetary value of, or marketability of, mitigation credits (or other equivalent credits), or of any real property, including a site at which Compensatory Mitigation is being performed, or is planned to be performed, under the Mitigation Banking Instrument. SECTION IV — LIMITS OF INSURANCE AND DEDUCTIBLE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay on behalf of the Named Insured regardless of the number of Defaults, Claims, Financial Assurances, Mitigation Plans, or Compensatory Mitigation Project sites, regardless whether the indemnification is received from an Insured. 2. The "Total All Claims" Limit set forth in the Declarations is the most we will pay on behalf of the Named Insured for Financial Assurances as a result of all Claims first made against the Named Insured during the scheduled Effective Coverage Period, and reported in writing to us, during that same scheduled Effective Coverage Period, regardless whether the indemnification is received from an Insured. ® 2016 by Berkley specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company. All rights reserved. CMI XXXX 04 16 Page 4 of 9 3. Subject to item 2 above, the "Per Claim" Limit set forth in the Declarations is the most we will pay on behalf of the Named Insured for Financial Assurances as a result of any one Claim first made against the Named Insured during the scheduled Effective Coverage Period, and reported in writing to us, during that same scheduled Effective Coverage Period, regardless whether the indemnification is received from an Insured. Subject to items 2 and 3 above, the maximum Limits of Insurance we will pay for any Claim made during a scheduled Effective Coverage Period shall be the limits corresponding to the scheduled Effective Coverage Period stated in the Declarations, in which the Claim is first made against the Named Insured and reported to us in writing.At the end of each Effective Coverage Period, the limit of insurance shall expire and will no longer be available for payment of any new or additional Claim not already made against the Named Insured and reported to us in writing before expiration of the Effective Coverage Period. Any indemnification to us from any Insured does not reinstate any limits of insurance. At the end of each Effective Coverage Period, the limit of available insurance shall also be replaced by the "Per Claim" Limit and "Total All Claims" Limit scheduled in the subsequent Effective Coverage Period. 1. One or more Claims made against the Named Insured, and reported in writing to the Company, that arise out of the same, interrelated, repeated, or associated Defaults in a single Mitigation Plan, or at a single Compensatory Mitigation Project site, shall be considered a single Claim, and the Company's total liability for Financial Assurance from that Claim shall be subject to the Limits of Insurance corresponding to the "Per Claim" Limit for the Effective Coverage Period set forth in the Declarations (or any reduced or modified Limit established by endorsement to this policy) and effective at the time the initial Claim was first made against the Named Insured and first reported in writing to the Company. 2. The "Per Claim" Deductible set forth in the Declarations for each Effective Coverage Period shall apply to each and every Claim first made against the Named Insured, and reported to us in writing, during that Effective Coverage Period. The "Total All Claims" Deductible set forth in the Declarations for each Effective Coverage Period shall apply in the aggregate for all Claims first made against the Named Insured, and reported to us in writing, during that Effective Coverage Period. The Deductible amount shall be the Insured's obligation to pay and shall apply to all payments the Company makes under the policy. While payment for Claims is included within the respective Deductible Amounts set forth in the Declarations, the Insured(s) shall immediately reimburse the Company for any payment advanced against a Deductible Amount, The Deductible amount applies to all payments the Company makes under this Policy and shall reduce the available and payable Limits of Insurance set forth in the Declarations (or in any endorsement to this Policy which modifies that Limit). SECTION V — REPORTING ADJUSTMENT & SETTLEMENT 1. NOTICE OF A DEFICIENCY The Named Insured shall provide written notice to the Company as soon as possible of any Deficiency Notice received by the Named Insured from the Authorizing Agency. The Named Insured shall forward to the Company a copy of the Deficiency Notice and any other communication or information related thereto, including the following: a) Details of the Compensatory Mitigation Project site and Mitigation Plan for which the Deficiency Notice was received; ® 2016 by Berkley Specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company. All rights reserved. CMI XXXX 04 16 Page 5 of 9 b) The Named Insured's plan to remedy the deficiencies noted by the Authorizing Agency, including any planned modifications to the Mitigation Plan and/or its Adaptive Management Plan in order to prevent a Default under the Mitigation Banking Instrument. c) Any other information necessary for the Company to understand the circumstances surrounding the Deficiency Notice and/or the Named Insured's plan to meet the applicable Performance Standards and prevent a Default under the Mitigation Banking Instrument. The Named Insured shall have the duty to use its best efforts to mitigate a Deficiency Notice in order to prevent a Default under the Mitigation Banking Instrument. The Company shall have the right to investigate any Deficiency Notice. The Named Insured shall cooperate with the Company's investigation, and make available upon the Company's request, documents for review and personnel for interview, all without charge to the Company. Notice of a Deficiency is not a Claim and shall not trigger coverage under the policy. 2. NOTICE OF A DEFAULT or CLAIM The Named Insured shall provide immediate written notice to the Company of any Claim made against the Named Insured, or of any determination by the Authorizing Agency that the Named Insured is in Default of the Mitigation Banking Instrument. The Named Insured shall immediately forward to the Company every demand, notice, or other communication related to the Claim or the determination of Default as well as the following information: a) Details of the Compensatory Mitigation Project site and Mitigation Plan determined to be in Default and for which the Claim is being made; b) An explanation of the events and circumstances leading to the Default, including the specific basis and reasons upon which the Default has been determined; c) A description of the mitigation efforts undertaken to prevent or cure the Default (and the deficiencies leading thereto), including a detailed description of the amount of funds expended and the type of activity conducted; d) An estimate of the costs necessary to cure the Default; e) Any other information necessary for the Company to understand the circumstances surrounding the Default or Claim. The Company shall have the right to investigate any Default or Claim noticed under the policy. The Named Insured shall cooperate with the Company's investigation and upon the Company's request, shall assist in the investigation and settlement of the Claim, and make available to the Company, documents for review and personnel for interview, all without charge to the Company. Notice of a Default is not a Claim and shall not trigger coverage under the policy. In the event that the Authorizing Agency first provides written notice of a Claim to the Company, the Company may investigate and pay or adjust such claim as provided herein in its sole discretion without any duty to make inquiry of the Insured with respect to the Claim, and such payment or adjustment shall reduce the Limits of Liability remaining under the policy. The Insured shall not be released from any of its obligations to the Company under this policy by virtue of any such payment or adjustment, including its duties to indemnify the Company. 3. CLAIM ADJUSTMENT and SETTLEMENT The Insured(s) agree that that the Company shall have the right to adjust, pay or settle any Claim, to which this insurance applies, at its sole discretion, without the Insureds) consent, subject to the ® 2016 by Berkley Specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company. All rights reserved, CMI XXXX 04 16 Page 6 of 9 available and remaining Limits of Insurance for the applicable Effective Coverage Period, and that such adjustment, payment, or settlement may include, but not be limited to, the following actions: 1) Payment of Financial Assurances to a designee or standby trust, as directed by the Authorizing Agency, for distribution by such designee or trustee in accordance with the Authorizing Agency's instructions, pursuant to the Authorizing Agency's authority under the Mitigation Banking Instrument and/or 33 CFR 332; or 2) Payment of Financial Assurances to a replacement contractor, as designated and retained by the Authorizing Agency or its designee (subject to the Company's written consent and approval), to either perform replacement Compensatory Mitigation at another site or to complete the Compensatory Mitigation at the Compensatory Mitigation Project site from which the Default has been determined; The Company may make such inquiries and investigations of the Claim as it deems expedient, including inquiries to the Named Insured or the Authorizing Agency regarding the Claim, and payment of Financial Assurances. The Insured(s) agree that no Claim or Financial Assurances will be paid without the prior written consent and approval of the Authorizing Agency, and that the Company shall incur no liability to the Insured(s) resulting from such inquiries and/or resulting from the non-payment of any Claim or Financial Assurances for which the Authorizing Agency has not consented and/or approved. The Insured(s) shall not admit liability or settle any Claim without the Company's consent. The Insured(s) shall not be released from any of their duties or obligations to the Company under this policy by virtue of any payment or adjustment of a Claim by the Company, including the Insured(s) duties to indemnify the Company. SECTION VI — CONDITIONS 1. LEGAL ACTION AGAINST THE COMPANY No action shall lie against the Company unless, as a condition precedent thereto, there shall have been full compliance with all of terms of this policy, nor until the amount of the Named Insured's obligation to pay shall have been finally determined either by judgment against the Named Insured after actual trial or by written agreement of the Named Insured, the Authorizing Agent and the Company. No person or organization shall have any right under this policy to join the Company as a party to any action against any Insured to determine the Insured's liability, nor shall the Company be impleaded by any Insured or his legal representative. 2. TRANSFER OF POLICY Your rights and duties under this policy may not be assigned or transferred without our written consent. 3. BANKRUPTCY Bankruptcy or insolvency of the Named Insured will not relieve the Company of its obligations under this policy, nor shall it relieve the Insured(s) of their indemnification obligations to the Company. 4. CANCELLATION AND TERMINATION a. The Company may cancel the policy by mailing to the Named Insured at the last known address and the Authorizing Agency written notice of not less than One Hundred and Twenty days (120) thereafter such cancellation shall be effective. The notice shall include the reason for cancellation which may include: i. The policy is no longer needed; ii. Non-payment of premium; iii. Fraud, material misrepresentation or intentional concealment of information which increases the risk originally Insured; or CD 2016 by Berkley Specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company. All rights reserved. CMI XXXX 04 16 Page 7 of 9 iv. The Insured's failure to comply with the terms and conditions of this policy including the failure to pay any deductible, indemnification or premium when due. b. Upon release in writing by the Authorizing Agency pursuant to applicable law, the Insured may cancel the policy by mailing or delivering written notice to us stating when the cancellation shall be effective. Termination by other than cancellation: The policy may terminate without the approval of the Authorizing Agency at the earlier of: 1) The expiration date of the policy as shown in item 2. of the Declarations page; 2) A written acknowledgement, certification or other legally equivalent determination by the Authorizing Agency that Mitigation Bank has closed after having met the performance standards set forth in the Mitigation Banking Instrument. Cancellation or termination of the policy shall be subject to release of the company by the Authorizing Agency. Upon the effective date of such release all obligations on the part of the Company hereunder shall automatically cease and neither the Authorizing Agency nor the Insured shall have further recourse against the Company with respect to unpaid Financial Assurances including existing or future liabilities or obligations arising from claim(s) previously reported or pending under the Policy. 5. CHANGES Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or change in any part of this Policy or estop the Company from asserting any right under the terms of this Policy; nor shall the terms of this Policy be waived or changed, except by endorsement issued by the Company to form a part of this Policy. 6. CHOICE OF LAW The Named Insured and the Company agree that all matters or disputes arising hereunder, including any questions relating to the validity, interpretation, performance, and enforcement of this policy, the meaning, interpretation or operation of any term, condition, definition or provision, or the fulfillment of any party of any obligation with respect to the policy, shall be determined in accordance with the law and practices of the State of New York without giving effect to New York conflict of law principles. 3. COOPERATION The Insured shall cooperate with the Company, and offer all reasonable assistance in the Company's investigations. The Company may require that the Insured submit to examination under oath, and attend hearings, depositions and trials. In the course of investigation, the Company may require written statements or the Insured's attendance at meetings with the Company. The Insured must assist the Company in effecting settlement, securing and providing evidence and obtaining the attendance of witnesses. 4. COVERAGE TERRITORY The coverage provided under this policy shall only apply to Mitigation Banks located within the United States of America. 5. AUDIT AND INSPECTION a) We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three (3) years after the end of the policy period; b) we may be permitted but not obligated to, interview persons employed by you; or Q 2016 by SerMey Specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company. All rights reserved. CMI XXXX 04 16 Page 8 of 9 c) we shall be permitted but not obligated to inspect, sample and monitor the Named Insured's Mitigation Bank during the policy period or any time thereafter. Neither our right to make inspections, sample and monitor nor the actual undertaking thereof nor any report thereon shall constitute an undertaking, on behalf of the Named Insured or others, to determine or warrant that the Mitigation Bank or operations are safe, healthful, or conform to acceptable engineering practice or are in compliance with any law, rule or regulation. The Named Insured agrees to provide appropriate personnel to assist our representatives during any inspection. 6. OTHER INSURANCE a. This insurance is primary, except when b. below applies. b. This insurance is excess: 1) When stated in the Declarations to apply in excess of, or contingent upon the absence of, other appropriate instruments; or 2) Over any other bonds, reserves, escrows, trust funds, credits, or valid and collectible insurance available to the Named Insured to cover Claims for Financial Assurances under the Mitigation Banking Instrument; or 3) Over any other appropriate instruments applicable to cover Claims for Financial Assurances under the Mitigation Banking Instrument. When this insurance is excess over other valid and collectible appropriate instruments, the Company shall be obligated to pay only its share of the applicable amount and shall not contribute with such instruments. The Insured shall promptly, upon the request of the Company, provide the Company with copies of all such instruments or documentation. 7. SOLE AGENT The Named Insured shown in the Declarations shall act on behalf of, and serve as the sole agent for, all Insureds with respect to the return or payment of any premiums, the issuance by the Company of the policy, the receipt or acceptance of any endorsements issued to form a part of the policy, or the receiving of any notices from the Company required by this policy. 8. SUBROGATION In the event of any payment under this Policy by the Company, the Company shall be subrogated to all of the rights of recovery that any Insured(s) may have against any person or organization and the Insured(s) shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured(s) shall do nothing to prejudice such rights. ® 2016 by Berkley Specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company. All rights reserved, CMI XXXX 04 16 Page 9 of 9 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. INDEMNIFICATION ENDORSEMENT COMPENSATORY MITIGATION INSURANCE In consideration of the premium charged, and notwithstanding anything contained in this Policy to the contrary, it is hereby understood and agreed that SECTION VI — CONDITIONS is modified by the addition of the following: INDEMNIFICATION AGREEMENT The Named Insured(s) agree to indemnify, release and hold the Company harmless for any payments the Company makes under this policy, and for the costs, fees, and expenses the Company incurs related to the administration of, or disputes over, any such payments. The indemnified amounts shall include: 1. Financial Assurances paid by the Company; and/or 2. Deductible amounts advanced by the Company; and/or 3. The costs of obligations that the Company may incur by reason of having issued the Policy; and/or 4. Costs, fees and expenses (including fees of attorneys, experts, or consultants) resulting from the investigation, defense, or prosecution of any lawsuit, legal action, complaint, or other legal proceeding, arising out of payments demanded or made under the policy, or out of any dispute between the Insured(s) and the Authorizing Agency regarding any payment demanded or made, or out of any legal action by the Company to secure or attempt to secure any Claim or Policy release resulting therefrom. 5. Claims handling expenses, which in the event of a Claim shall be calculated as 12% of the sum of payments for Financial Assurances made pursuant to the Policy. 6. Any legal fees to effectuate the indemnification agreement. When the Insured(s) obligation to pay for indemnified amounts pursuant to the policy become due, the Company shall make a demand in the form of a written invoice for the indemnification amount to the Insured(s) and issue it to the Named Insured's address as stated in the Declarations to the Policy. The Insured(s) agree to pay the full amount of the invoice within thirty (30) days of its issuance. If the Company has not received full payment from the Insured(s) within thirty (30) days of issuance of the Company's written invoice, interest shall accrue at the annual rate equal to the current prevailing prime interest rate as published in the Wall Street Journal plus 200 basis points until full payment is received by the Company. If partial payment is received by the Company the aforementioned interest rate shall apply to that portion which remains outstanding until the full payment is received by the Company. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations, nor shall the indemnification reinstate any limit of insurance. Authorized Representative of the Named Insured: Notary Public: ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ® 2016 by Berkley Specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company. All rights reserved. CMI XXXX 04 16 Page 1 of 2 C 2016 by Berkley Specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company - All rights reserved CMI XXXX 04 16 Page 2 of 2 INTERLINE IL 12 02 01 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ CAREFULLY OFFICE OF FOREIGN ASSET CONTROL (OFAC) EXCLUSION ENDORSEMENT No insurer shall be deemed to provide cover and no insurer shall be liable to pay any claire or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose that insurer to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions laws or regulations of the European Union, United Kingdom or the United States. IL 12 02 01 16 Page 1 of 1 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. SERVICE OF SUIT Pursuant to any statute of any state, territory or district of the United States which makes provision therefore, we hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the Statute, or his successor or successors in office, as our true and lawful attorney upon whom may be served any lawful process in any action, "suit" or proceeding instituted by or on behalf of you or any beneficiary hereunder arising out of this contract of insurance, and hereby designate the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof. It is further agreed that service of process in such "suit" may be made upon Michael Kilgas, or his nominee of the Company at 7233 Past Butherus Drive, Scottsdale, Arizona 85280 and that in any "suit" instituted against any one of them upon this policy, we will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. It is agreed that in any state requiring a standard form of policy, insurance hereunder on values or properties in such state shall attach and cover in accordance with the terms and conditions of such standard form. S020 (04-05) Page 1 of 1 bERKLEY ENVIRONMENTAL a dlvislon of Berkley Specialty Underwriting Managers Claim Services By knowing your industry and speaking your language, our claim professionals can focus an meeting your unique business needs and offeryou the superior claim service you deserve through responsible claim management and aggressive mitigation. We are confident our dedicated teams of claim professionals will add value to your organization and help you succeed in accomplishing your risk management objectives. Reporting a Claim It is vitally important that you contact us as soon as possible when an accident happens. When an accident takes place, you can call, fax or email us. Under all circumstances, you must follow the claim reporting requirements of your policy including, but not limited to, providing us written notice of the claim. Automobile Claims Phone: (201) 746-3111 Fax: (866)343-5724 Email: Environmental.auto.claims @berkleysum.com Mailing Address: 101 Hudson Street 17th Floor, Suite 1700 Jersey City, NJ 07302 General Liability And Professional Liability Claims Phone: (201) 748-3111 Fax: (866) 343-5724 Email: Environmental.liability.claims @berkleysum.com Mailing Address: 101 Hudson Street 171h Floor, Suite 1700 Jersey City, NJ 07302 Workers Compensation Claims Phone: (800) 449-2024 Fax: (866) 303-1404 Email: Environmental.wc.claims @berkleysum.com Mailing Address: PO Box 141299 Irving, TX 75014-1233 Street Address: 600 E. Las Colinas Blvd, Suite 1400 Irving, TX 75039 Berkley Environmental Support Team (BEST) We understand environmental spills and releases can be extremely stressful events. That's why we're proud to offer you a free fully staffed 24 hour — 7 day a week emergency response call center staffed with experienced professionals with a national network of emergency response providers able to file agency spill notifications. Call (877) 900-5645 to report your environmental spill or release. BERKLEY SPECIALTY UNDERWRITING MANAGERS PROVIDING INNOVATIVE SOLUTIONS www.berkleysum.com Environmental Claims Phone: (201) 748-3111 Fax: (666) 343-5724 Email: Environmental. liability.claims@berkleysum.com Mailing Address: 101 Hudson Street 17th Floor, Suite 1700 Jersey City, NJ 07302 In Case of Emergencies, Weekends or Holidays Phone: (877) 900-5645 THE MATERIAL IN THIS PUBLICATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BEA REPRESENTATION OF COVERAGE THAT MAY EXIST IN ANY PARTICULAR SITUATION UNDER A POLICY ISSUED BY A MEMBER COMPANY OF BERKLEY SPECIALTY UNDERWRITING MANAGERS OR ITS AFFILIATES. ALL CONDITIONS OF COVERAGE, TERMS AND LIMITATIONS ARE DEFINED AND PROVIDED FOR IN THE POLICY. PROGRAMS OR PRODUCTS MAY NOT BE AVAILABLE IN ALL STATES AND POLICY FEATURES MAY VARY BY STATE. ENV DIR CLAIMS 03 13 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. WILMINGTON DISTRICT AMENDATORY ENDORSEMENT COMPENSATORY MITIGATION INSURANCE POLICY In consideration of the premium charged, and notwithstanding anything contained in this policy to the contrary, it is hereby understood and agreed that the following changes apply: Section II — DEFINITIONS, Item 6. is hereby deleted and replaced by the following: 6. Default means a written and final determination made by the Authorizing Agency that the Named Insured has failed to successfully complete construction activities and/or Performance Standards, as applicable, in accordance with the Mitigation Plan, at a Compensatory Mitigation Project site scheduled in the Declarations to this policy, but only if such determination is made following: (1) a period of time of more than one year (or shorter period as determined by the Authorizing Agency) after the Authorizing Agency has issued a Deficiency Notice during the policy period or effective coverage period for that Mitigation Plan or Compensatory Mitigation Project site, and (2) the Named Insured's best efforts to mitigate any deficiencies noticed by the Authorizing Agency in any prior Deficiency Notice for that Mitigation Plan or Compensatory Mitigation Project site and to prevent the Default; Default shall not include any determination by the Authorizing Agency that the Named Insured has failed to comply with, or breached, any other term or condition of the Mitigation Banking Instrument or other document thereunder, other than the construction activities and/or Performance Standards, as applicable in a Mitigation Plan for a Compensatory Mitigation Project site scheduled in the Declarations to this policy, or any resultant suspension or termination of the Mitigation Banking Instrument as a result of such non-compliance or breach. Default shall also not include any delay or failure of the Insured if and to the extent that such delay or failure is primarily caused by any act, event, or conditions beyond the Insured's reasonable control and significantly adversely affects its ability to perform its obligations hereunder including: (1) acts of God, lightning, earthquake, fire, landslide, or interference by third parties; (ii) condemnation or other taking by any governmental body; (iii) change in applicable law, regulation, rule, ordinance or permit condition, or the interpretation or enforcement thereof; (iv) any order, judgment, action or determination of any federal, state or local court, administrative agency or government body; or (v) the suspension or interruption of any permit, license, consent, authorization or approval. If the performance of the Insured is affected by any such event, the insured shall give written notice thereof to the district engineer and interagency review committee as soon as is reasonably practicable. If such event occurs before the issuance of a close out letter, the Insured shall take remedial action to the extent necessary and appropriate as determined by the district engineer, in consultation with the interagency review committee, to restore the property to its condition prior to such event and as defined in each approved Mitigation Plan. Such remedial action shall be taken by the Sponsor only to the extent necessary and appropriate, as determined by the interagency review committee. Il. Section II -- DEFINITIONS, Item 7. is hereby deleted and replaced by the following: 7. Deficiency Notice means a written notice issued by the Authorizing Agency to the Named Insured: (1) advising that it is not progressing towards, or on track to, successfully complete construction in accordance with the Mitigation Plan for a Compensatory Mitigation Project site; and C 2017 by Berkley Specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company. All rights reserved. Page 1 of 3 (2) requesting that the Named Insured implement measures to correct the deficiencies, including but not limited to implementation of an Adaptive Management Plan, or modifications to the existing Mitigation Plan, and/or (3) modifying, decreasing or suspending credit sales of the Mitigation Bank until the Named Insured successfully completes measures to correct deficiencies in the implementation of a Mitigation Plan for a Compensatory Mitigation Project site. Ill. Section Ill — EXCLUSIONS, Item 1. is hereby deleted. IV. Section V — REPORTING, ADJUSTMENT & SETTLEMENT, Item 3. CLAIM ADJUSTMENT and SETTLEMENT is hereby deleted and replaced with the following: 3. CLAIM ADJUSTMENT and SETTLEMENT The Insured(s) agree that that the Company shall have the right to adjust, pay or settle any Claim, to which this insurance applies, at its sole discretion, without the Insured(s) consent, subject to the available and remaining Limits of Insurance for the applicable Effective Coverage Period, and that such adjustment, payment, or settlement may include, but not be limited to, the following actions: 1 } Payment of Financial Assurances to a designee or standby trust, approved by the Authorizing Agency, for distribution by such designee or trustee to complete the Compensatory Mitigation in accordance with the Insured's legal responsibility under the Mitigation Banking Instrument and/or 33 CFR 332; or 2) Payment of Financial Assurances to a replacement contractor, approved by the Authorizing Agency to either perform replacement Compensatory Mitigation at another site or to complete the Compensatory Mitigation at the Compensatory Mitigation Project site from which the Default has been determined. The Company may make such inquiries and investigations of the Claim as it deems expedient, including inquiries to the Named Insured or the Authorizing Agency regarding the Claim, and payment of Financial Assurances. The Insured(s) agree that no Claim or Financial Assurances will be paid without the prior written consent and approval of the Authorizing Agency, and that the Company shall incur no liability to the Insured(s) resulting from such inquiries and/or resulting from the non-payment of any Claim or Financial Assurances for which the Authorizing Agency has not consented and/or approved. The Insured(s) shall not admit liability or settle any Claim without the Company's consent. The Insured(s) shall not be released from any of their duties or obligations to the Company under this policy by virtue of any payment or adjustment of a Claim by the Company, including the Insured(s) duties to indemnify the Company. V. Section VI — CONDITIONS, Item 5. CHANGES is hereby deleted and replaced with the following: 5. CHANGES Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or change in any part of this Policy or estop the Company from asserting any right under the terms of this Policy; nor shall the terms of this Policy be waived or changed, except by endorsement issued by the Company to form a part of this Policy with the prior approval of the Authorizing Agency. m 2017 by Berkley specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company. All rights reserved. Page 2 of 3 VI. Section VI — CONDITIONS, Item 6. CHOICE OF LAW is hereby deleted and replaced with the following: CHOICE OF LAW The Named Insured and the Company agree that all matters or disputes arising hereunder, including any questions relating to the validity, interpretation, performance, and enforcement of this policy, the meaning, interpretation or operation of any term, condition, definition or provision, or the fulfillment of any party of any obligation with respect to the policy, shall be determined in accordance with the law and practices of the State of New York. However, this does not apply to the Army Corp of Engineers. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. O 2017 by Berkley Specialty Underwriting Managers LLC, an afriliate of Nautilus Insurance Company and Great Divide Insurance Company. All rights reserved. Page 3 of 3