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HomeMy WebLinkAbout20090969 Ver 5_Mitigation Plans_20090801ID q - C) q toq V'.5 DRAFT MITIGATION PLAN PERRY CREEK 1 MITIGATION SITE Developed Through ENHANCEMENT AND PRESERVATION OF WETLANDS AND STREAMS ADJACENT TO PERRY CREEK Wake County, North Carolina PREPARED BY: HAZEN HAZEN AND SAWYER AND SAWYER Environmental Engineers & Scientists 4011 WESTCHASE BOULEVARD RALEIGH, NORTH CAROLINA 27607 AND AXIOM ENVIRONMENTAL, INC. 20 ENTERPRISE STREET, SUITE 7 RALEIGH, NORTH CAROLINA 27607 Axiom Environmental, Inc. AUGUST 2009 EXECUTIVE SUMMARY The City of Raleigh proposes the establishment of the Perry Creek 1 stream and wetland mitigation site along Perry Creek (hereafter the Mitigation Site) located approximately 2 miles northeast of Rolesville in eastern Wake County, east of U.S. Highway 401 near the intersection of U.S. Highway 401 and N.C. Highway 96. The Mitigation Site is anticipated to be one of several included in an umbrella stream and wetland mitigation bank sponsored by the City of Raleigh. The Mitigation Site is located within the Neuse River Basin in 14-digit USGS Cataloging Unit 0302020 1 1 80020 of the South Atlantic/Gulf Region (NCDWQ Subbasin Number 03-04-06). The proposed Mitigation Site encompasses approximately 296 acres of land that includes approximately 140.0 acres of forested and/or marsh wetlands. The Mitigation Site also encompasses approximately 13,720 linear feet of stream associated with Perry Creek and unnamed tributaries to Perry Creek. Land uses in the vicinity of these wetlands and streams include pasture, agriculture, residential, and unmanaged forest. Protection of Mitigation Site resources through conservation easements or restrictive covenants will promote the sustainability and/or improvement of aquatic resources in the Perry Creek watershed, as well as downstream of the Mitigation Site, which are under increasing pressure from development. Wetland and stream functions currently provided include flood attenuation, slow release of water to maintain stream baseflow, removal of watershed pathogens, a sink for particulate and soluble matter (including nutrients), aquatic and riparian habitat, and landscape-scale wildlife travel corridors. The primary goals of this stream and wetland mitigation project focus on promoting sustainability and improvement of aquatic resources within the Perry Creek watershed. Protection of existing aquatic resources (forested wetlands, emergent wetlands, and streams) with a conservation easement and/or fee-simple purchase is likely to result in net gains in hydrology, water quality, and habitat functions of Mitigation Site streams and wetlands. Primary goals will be accomplished through the following measures: • Protecting, on a watershed scale, streams in eastern Wake County from nonpoint sources of pollution associated with urban services area expansion and development. • Promoting water quality by protecting jurisdictional wetlands adjacent to Mitigation Site streams and tributaries. • Perpetually providing a diverse wooded vegetative buffer adjacent to Mitigation Site streams and wetlands. • Promoting floodwater attenuation by a) allowing bankfull stream flows to develop over time and b) protecting vegetation on Mitigation Site floodplains to increase frictional resistance on floodwaters crossing the Mitigation Site. • Improving aquatic habitat by promoting stable stream banks, shading open waters, and providing structure within the Mitigation Site. • Providing a wildlife corridor and refuge in an area rapidly expanding with residential and commercial development. This Mitigation Site mitigation plan includes 1) preservation of approximately 13,720 linear feet of streams, 2) enhancement of approximately 0.5 acre of jurisdictional wetlands, 3) preservation Draft Perry Creek 1 Mitigation Plan August 18, 2009 of approximately 139.5 acres of jurisdictional wetlands, and 4) establishment of a permanent conservation easement to encompass all mitigation activities, as well as a 50-foot wooded riparian buffer adjacent to wetlands and ponds, and a 100-foot wooded riparian buffer adjacent to streams. Preservation and enhancement options outlined in this report are as follows: Proposed Mitigation Proposed Credits Proposed Mitigation Activit Y Streams Wetlands (linear feet) (acres) Stream Credits Wetland Credits Stream Preservation 13,720 2,744 Wetland Enhancement 0.5 0.25 Wetland Preservation 139.5 27.9 Totals 13,720 140.0 2,744 28.2 After completion, the Mitigation Site will offer 2,744 stream mitigation credits and 28.2 wetland mitigation credits. The proposed mitigation credits provided in the table above are based on an onsite, cursory determination of Mitigation Site resources. Prior to generation of a final mitigation plan, aquatic resources within the Mitigation Site will be delineated in the field and accurately mapped for the generation of quantities. Detailed quantities of streams, wetlands, and wooded buffers within the Mitigation Site will be provided in the final mitigation plan. Three federally protected species are listed for Wake County (USFWS 2008): dwarf wedgemussel (Alasmidonta heterodon), red-cockaded woodpecker (Picoides borealis), and Michaux's sumac (Rhus michauxii). Each of these species is listed as Endangered. Additionally, the bald eagle (Haliaeetus leucocephalus) is protected by the Bald and Golden Eagle Protection Act, and 15 Federal Species of Concern (FSC) are listed for Wake County. While unlikely to support habitat for red-cockaded woodpecker, the Mitigation Site may support suitable habitat for dwarf wedgemussel within stream channels and Michaux's sumac in open areas and along woodland edges. With a range of habitats, including pine forest, mixed hardwood forest, marsh, and open areas, the Mitigation Site may provide suitable habitat for bald eagle and any or all of the 15 FSC species on the USFWS 2008 list. One FSC mussel, green floater (Lasmigona subviridis) was found in the Little River approximately 2 miles downstream of the Mitigation Site during surveys performed in 2007 (The Catena Group 2008). Additionally, the potential creation of a large, open body of water in the near vicinity (the proposed Little River Reservoir) may induce bald eagle to utilize portions of the Mitigation Site for nesting. ii Draft Perry Creek 1 Mitigation Plan August 18, 2009 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................. i 1.0 INTRODUCTION ................................................................................................................ ..1 2.0 OBJECTIVES ....................................................................................................................... ..1 3.0 SITE SELECTION ............................................................................................................... ..2 4.0 SITE PROTECTION INSTRUMENT ................................................................................. ..3 5.0 BASELINE INFORMATION .............................................................................................. ..3 5.1 Physiography, Topography, and Land Use ................................................................. ..3 5.2 Jurisdictional Streams and Wetlands ........................................................................... ..4 5.3 Water Quality .............................................................................................................. ..5 5.4 Vegetation .................................................................................................................... ..6 5.5 Soils and Land Form .................................................................................................... ..6 5.6 Federally Protected Species ......................................................................................... ..7 6.0 DETERMINATION OF CREDITS ...................................................................................... ..8 6.1 Credit Determination ................................................................................................... ..8 6.2 Proposed Credit Release Schedule .............................................................................. ..9 7.0 MITIGATION WORK PLAN .............................................................................................. 10 7.1 Stream Preservation ..................................................................................................... 10 7.2 Wetland Enhancement and Preservation ..................................................................... 10 8.0 MAINTENANCE PLAN ...................................................................................................... 11 9.0 PERFORMANCE STANDARDS ........................................................................................ 11 10.0 MONITORING REQUIREMENTS ..................................................................................... 11 11.0 LONG-TERM MANAGEMENT PLAN .............................................................................. 11 12.0 ADAPTIVE MANAGEMENT PLAN ................................................................................. 12 13.0 FINANCIAL ASSURANCES .............................................................................................. 12 14.0 CORPORATE EXPERIENCE ............................................................................................. 12 15.0 REFERENCES ..................................................................................................................... 14 Appendix A. Figures LIST OF FIGURES Figure 1. Project Location Figure 2. Hydrologic Unit Map Figure 3. Site Topography and Drainage Area Figure 4. Existing Conditions Figure 5. NRCS Soils Figure 6. Mitigation Potential LIST OF TABLES Table 1. Existing Stream Characteristics ........................................................................................5 Table 2. Perry Creek 1 Mitigation Site Soils ..................................................................................7 Table 3. FSC Species Listed for Wake County ..............................................................................8 Table 4. Proposed Mitigation Quantities vs. Mitigation Credits ....................................................9 Table 5. Proposed Credit Release Schedule ...................................................................................9 Draft Perry Creek I Mitigation Plan August 18, 2009 DRAFT MITIGATION PLAN PERRY CREEK 1 MITIGATION SITE ENHANCEMENT AND PRESERVATION OF WETLANDS AND STREAMS ADJACENT TO PERRY CREEK Wake County, North Carolina 1.0 INTRODUCTION The City of Raleigh proposes the establishment of a stream and wetland mitigation site at the Perry Creek 1 Mitigation Site (hereafter the Mitigation Site; the Mitigation Site has been labeled as Perry Creek 1 to identify it as including properties on Perry Creek which are east of U.S. Highway 401), located approximately 2 miles northeast of Rolesville in eastern Wake County, east of U.S. Highway 401 near the intersection of U.S. Highway 401 and N.C. Highway 96 (Figure 1, Appendix A). The Mitigation Site is anticipated to be one of several included in an umbrella stream and wetland mitigation bank (Bank) sponsored by the City of Raleigh (Sponsor). The Mitigation Site is located within eight-digit United States Geological Survey (USGS) Hydrologic Unit Code (HUC) 03020201. The Bank is expected to offset unavoidable impacts associated with Sponsor projects, such as the proposed construction of the Little River Reservoir, located just downstream of the Mitigation Site (Figure 1, Appendix A). This document serves as the Draft Mitigation Plan for the Mitigation Site, which encompasses approximately 296 acres of land. Supporting figures are located in Appendix A. The Mitigation Site generally consists of the area within 50 feet of all jurisdictional ponds and wetland areas and within 100 feet of all jurisdictional streams, and is primarily characterized by mature to disturbed hardwood forest stands and freshwater marshes within floodplains and adjacent side slopes associated with Perry Creek. Within the Mitigation Site, approximately 13,720 linear feet of stream and approximately 140.0 acres of jurisdictional wetlands are proposed for mitigation. Directions to the Mitigation Site: ? From the City of Raleigh travel north on U.S. Highway 401 ? Travel - 14 miles on U.S. Highway 401 to the intersection with Pulley Town Road ? The Site is located east of U.S. Highway 401 from Pulley Town Road to NC Highway 96 ? Point on road at the intersection of U.S. Highway 401 with Perry Creek Latitude: 35.93804° N, Longitude: 78.42978° W 2.0 OBJECTIVES Currently, the areas included in the proposed Mitigation Site are characterized by hardwood forest, marsh, and agricultural land. However, the Mitigation Site is located in an area of increasing development pressure. Although the Mitigation Site is located in an area protected by state water supply classification and riparian buffer rules, development adjacent to streams may encroach upon floodplains or adjacent side slopes. If the proposed stream and wetland mitigation does not occur, erosion and nutrient inputs into the proposed reservoir may be exacerbated, and anthropogenic hydrological modification may reduce wetland area. Sediment from development is deleterious to benthic macroinvertebrate habitat and can be expected to reduce fisheries populations in the existing and downstream reaches. In addition, Draft Perry Creek 1 Mitigation Plan August 18, 2009 proposed mitigation activities will protect wildlife and fish habitat, shade/cool surface waters (thereby increasing dissolved oxygen levels), filter nutrients, reduce sedimentation, reduce downstream flooding, and increase bed morphology (habitat) through maintenance of perpendicular flow vectors. The primary goals of this stream and wetland mitigation project focus on promoting sustainability and improvement of aquatic resources within the Perry Creek watershed. Protection of existing aquatic resources (forested wetlands, emergent wetlands, and streams) with a conservation easement and/or fee-simple purchase is likely to result in net gains in hydrology, water quality, and habitat functions of Mitigation Site streams and wetlands. Primary goals will be accomplished through the following measures: • Protecting, on a watershed scale, streams in eastern Wake County from nonpoint sources of pollution associated with urban service area expansion and development. • Promoting water quality by protecting jurisdictional ponds and wetlands adjacent to Mitigation Site streams and tributaries. • Perpetually providing a diverse wooded vegetative buffer adjacent to Mitigation Site streams, ponds, and wetlands. • Promoting floodwater attenuation by a) allowing bankfull stream flows to develop over time and b) protecting vegetation on Mitigation Site floodplains to increase frictional resistance on floodwaters crossing the Mitigation Site. • Improving aquatic habitat by promoting stable stream banks, shading open waters, and providing structure within the Mitigation Site. • Providing a wildlife corridor and refuge in an area rapidly expanding with residential and commercial development. These goals will be achieved by: • Providing approximately 2,744 stream mitigation credits (preserving approximately 10,740 linear feet of perennial stream channel and preserving approximately 2,980 linear feet of intermittent stream channel). • Providing approximately 28.2 wetland mitigation credits (enhancing approximately 0.5 acre of jurisdictional wetland and preserving approximately 139.5 acres of jurisdictional wetland). • Protecting the Mitigation Site in perpetuity with appropriate legal mechanisms (either conservation easement or fee-simple purchase). 3.0 SITE SELECTION Primary considerations for Mitigation Site selection include in-kind mitigation and the potential for protection/improvement of water quality within a portion of North Carolina under developmental pressure. More specifically, considerations include desired aquatic resource functions, hydrologic conditions, soil characteristics, aquatic habitat diversity, habitat connectivity, compatibility with adjacent land uses, reasonably foreseeable effects the mitigation project will have on ecologically important aquatic and terrestrial resources, and potential development trends and land use changes. 2 Draft Perry Creek 1 Mitigation Plan August 18, 2009 The Mitigation Site is located upstream of the proposed reservoir. The Mitigation Site supports similar aquatic resources (bottomland hardwood forest, riverine swamp forest, and non-tidal freshwater marsh) to aquatic systems in this portion of the state. According to the Neuse River Basinwide Water Quality Plan (NCDWQ 2008), due to the presence of rare species in the Little River, this watershed should be targeted for land acquisition to protect the riparian area beyond the 50-foot required buffer. The proposed mitigation will result in perpetual protection of wetlands and streams in the Little River watershed. The Mitigation Site is located in a developing region of the state; therefore, protection of streams and wetlands is expected to result in immediate water quality benefits in the vicinity of the impact reach. 4.0 SITE PROTECTION INSTRUMENT The Sponsor intends to purchase a conservation easement or land in fee-simple for portions of 22 parcels totaling approximately 296 acres. The owners of these parcels have indicated a willingness to have the properties considered for this purpose, but no arrangements have been finalized. Upon approval of the prospectus for the Sponsor's proposed Bank, the Sponsor will delineate jurisdictional boundaries, complete a Mitigation Banking Instrument (MBI), and proceed toward acquiring a conservation easement or land in fee simple for portions of the subject parcels. The Mitigation Site information presented in this Mitigation Plan is based on the optimum Mitigation Site to maximize mitigation credits, and may be adjusted prior to completion of the MBI. The Sponsor will remain the owner of the land or conservation easement or will transfer the land or conservation easement to a land-management entity approved by the Interagency Review Team (IRT). 5.0 BASELINE INFORMATION Mitigation Site aquatic resources are similar to those found within this portion of the state. Ridges and side slopes support a mixture of hardwood forests, agriculture, pasture, and scattered residences. Floodplains adjacent to streams support forested wetlands, emergent wetlands, and some open water. And, in some cases, streams dissipate into beaver impoundments. Forested wetlands include headwater forest (when characterized by seasonal saturation to intermittent inundation and associated with a less than second-order stream), bottomland hardwood forest (when characterized by intermittent to seasonal inundation and associated with a second-order or larger stream), and riverine swamp forest (when characterized by seasonal to semi-permanent inundation). With increasing length of time of surface inundation, forested wetlands grade to non-tidal freshwater marsh. Some marsh areas occur adjacent to small areas of open water. This wetland complex provides hydrology functions such as runoff and flow-velocity reduction, energy dissipation, maintenance of stream baseflow, and groundwater recharge and discharge. Water quality functions include sediment retention, toxicant and nutrient reduction and transformation, and bacterial and viral reduction of watershed runoff. Habitat functions include a complexity of physical structures, dispersion of open waters within vegetated wetlands, a reduction of habitat fragmentation, and travel corridors. 5.1 PHYSIOGRAPHY, TOPOGRAPHY, AND LAND USE The Mitigation Site is located in the Northern Outer Piedmont ecoregion of North Carolina within USGS HUC 03020201 (North Carolina Division of Water Quality [NCDWQ] Subbasin Number 03-04-06) of the Neuse River Basin. Regional physiography is characterized by dissected irregular plains and some low rounded hills and ridges; low- to moderate-gradient streams with mostly cobble, gravel, and sandy substrates are typical (Griffith et al. 2002). Onsite 3 Draft Perry Creek 1 Mitigation Plan August 18, 2009 elevations range from a high of 420 feet National Geodetic Vertical Datum (NGVD) on slopes to a low of approximately 310 feet NGVD at the lowest point of the Mitigation Site (USGS Rolesville, North Carolina 7.5-minute topographic quadrangle). Topography within the Mitigation Site is depicted on Figure 3 (Appendix A). The Mitigation Site provides water quality functions to an approximately 6.0-square mile watershed at the outfall of Perry Creek from the Mitigation Site (Figure 3, Appendix A). The watershed is characterized by sparse residential development, agricultural land, forested land, and fragmented forested areas. Impervious surfaces account for less than 5 percent of the upstream watershed land surface. Surrounding area land use is primarily agricultural, with some low-density residential housing and intermittent high-density development. Onsite land use is characterized by hardwood forest and agricultural land (hay fields and row crop production) (Figure 4, Appendix A). Riparian zones and wetland areas are primarily composed of mature to disturbed hardwood forest grading to marsh wetlands in areas impacted by beaver. Hardwood forest is characterized by sycamore (Platanus occidentalis), willow oak (Quercus phellos), hickories (Carya spp.), red maple (Acer rubrum), sweetgum (Liquidambar styraciua), tulip poplar (Liriodendron tulipifera), river birch (Betula nigra), eastern red cedar (Juniperus virginiana), loblolly bay (Gordonia lasianthus), green ash (Fraxinus pennsylvanica), loblolly pine (Pinus taeda), white oak (Quercus alba), American holly (Ilex opaca), black willow (Salix nigra), Chinese privet (Ligustrum sinense), multiflora rose (Rosa multiflora), Japanese honeysuckle (Lonicera japonica), muscadine (Vitis rotundifolia), and giant cane (Arundinaria gigantea). Marshes are dominated by emergent vegetation such as rushes (Juncus spp.), sedges (Carex spp.), and polygonums (Polygonum spp.) with lesser amounts of shrubs and trees. 5.2 JURISDICTIONAL STREAMS AND WETLANDS The main hydrologic features of the Mitigation Site include Perry Creek, unnamed tributaries to Perry Creek, and associated floodplains and ponds. Mitigation Site streams consist of the fourth order Perry Creek, and first-order intermittent to second- and third-order perennial tributaries to Perry Creek. Perennial streams within the Mitigation Site may be generally characterized as riverine and upper perennial with unconsolidated bottoms consisting of sand and gravel (R3UB1/2). Intermittent streams within the Mitigation Site may generally be characterized as riverine and intermittent with streambeds consisting of sand and mud (R4SB4/5). Streams are surrounded by a mixture of mature riparian vegetation and marsh, and remain relatively stable despite expanding developmental pressures. The Mitigation Site encompasses approximately 13,720 linear feet of stream channel (Table 1 and Figure 4, Appendix A). 4 Draft Perry Creek 1 Mitigation Plan August 18, 2009 Table 1. Existing Stream Characteristics Stream Reach Approximate Stream Length (linear feet) USGS Stream Order USGS Stream Classification In-Field Stream Classification Perry Creek 990 fourth perennial perennial UT I 170/1490 first intermittent intermittent/perennial UT2 310 not shown not shown perennial UT3 540 second perennial perennial UT4 1400/90 first intermittent perennial UT5 510 first perennial intermittent UT6 540/1,090 first intermittent intermittent/perennial UT7 2,870 second intermittent/perennial perennial UT8 615 first intermittent perennial UT9 172 first intermittent intermittent UT10 350/325 not shown not shown intermittent/perennial UT11 155 first intermittent intermittent UT 12 895/1110 first intermittent/perennial intermittent/perennial UT 13 100 first intermittent intermittent Total 13,720 Jurisdictional wetlands are defined by the presence of three criteria: hydrophytic vegetation, hydric soils, and evidence of wetland hydrology during the growing season (Environmental Laboratory 1987). Portions of the Mitigation Site supporting jurisdictional wetlands are characterized by temporarily to seasonally inundated, palustrine, forested wetlands (bottomland hardwood forest and headwater forest); seasonally to semi-permanently inundated, forested wetlands (riverine swamp forest); and semi-permanently flooded, palustrine, emergent wetlands (non-tidal freshwater marsh). Wetlands are underlain by hydric soils that are grey to bluish-gray (gley) in color and are striated with lenses of coarse materials deposited in a fluvial environment. Vegetative communities are composed of various strata, including canopy, relatively open understory, and herbaceous groundcover. Groundwater springs and surface runoff contribute hydrology to these areas, although the dominant hydrological influence is overbank flooding and impounding due to beaver activity. According to the Cowardin classification (Cowardin et al. 1979), jurisdictional wetlands located within the Mitigation Site along the margins of open water may be generally characterized as palustrine, forested, broad-leaved deciduous systems that are saturated, temporarily flooded, or seasonally flooded (PFOIA/B/C). Jurisdictional wetlands located along Perry Creek often show signs of beaver activity and may be generally classified as palustrine, forested, broad-leaved deciduous systems that are semi-permanently to permanently flooded (PFO 1 F/Hb). The Mitigation Site encompasses approximately 140.0 acres of wetlands. The approximate locations of jurisdictional wetland areas within the Mitigation Site are depicted on Figure 4 (Appendix A). 5.3 WATER QUALITY The Mitigation Site is located within the Neuse River Basin in 14-digit USGS Cataloging Unit 03020201180020 of the South Atlantic/Gulf Region (NCDWQ Subbasin Number 03-04-06) (Figure 2, Appendix A). Perry Creek has been assigned Stream Index Number 27-57-2 and a 5 Draft Perry Creek 1 Mitigation Plan August 18, 2009 Best Usage Classification of WS-II, HQW, NSW (NCDWQ 2009). Streams with a designation of WS-II are protected as water supplies which are generally in predominantly undeveloped watersheds. Local programs to control nonpoint sources and stormwater discharges of pollution are required. These waters are suitable for all Class C uses including aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. Secondary recreation includes wading, boating, and other uses not involving human body contact with waters on an organized or frequent basis. The supplemental classification HQW (High Quality Waters) includes waters rated as excellent based on biological and physical/chemical characteristics; all water supply watersheds classified as WS-1 or WS-II receive this supplemental classification. The designation NSW (Nutrient Sensitive Waters) includes streams with water quality problems associated with excessive plant growth resulting from nutrient enrichment. NCDWQ has assembled a list of impaired waterbodies according to the Clean Water Act Section 303(d) and 40 CFR 130.7, which is a comprehensive public accounting of all impaired waterbodies. An impaired waterbody is one that does not meet water quality standards, including designated uses, numeric and narrative criteria, and anti-degradation requirements defined in 40 CFR 131. Perry Creek within and adjacent to the Mitigation Site is not listed on the NCDWQ Final 2006 303(d) list (NCDWQ 2007). 5.4 VEGETATION The Mitigation Site is characterized primarily by mature to disturbed hardwood forest, agricultural land, and open-water ponds. Agricultural land is dispersed along the margins of riparian zones. Hardwood forest dominates the Mitigation Site and is primarily characterized by mesic, floodplain species adjacent to stream channels, such as tulip tree (Liriodendron tulipifera), sweetgum (Liquidambar styrac flua), American sycamore (Platanus occidentalis), eastern red cedar (Juniperus virginiana), red maple (Acer rubrum), green ash (Fraxinus pennsylvanica), and various oak species (Quercus spp.). Marsh areas associated with beaver impoundments support emergent herbs such as cat-tails (Typha spp.) and wool grass (Scirpus cyperinus), and scattered shrubs such as black willow (Salix nigra) and tag alder (Alnus serrulata). 5.5 SOILS AND LAND FORM Based on county soil survey mapping (NRCS 2008), the Mitigation Site contains five soil series: Augusta fine sandy loam (Aerie Endoaquults), Colfax sandy loam (Aquic Fragiudults), Wehadkee silt loam (Fluvaquentic Endoaquepts), Wehadkee and Bibb soils (Fluvaquentic Endoaquepts and Typic Fluvaquents), and Worsham sandy loam (Typic Endoaquults). Soils that occur within the Mitigation Site are depicted on Figure 5 (Appendix A) and described in Table 2. 6 Draft Perry Creek I Mitigation Plan August 18, 2009 Table 2. Perrv Creek I Mitigation Site Soils Map Unit Hydric Symbol Ma Unit Name Status Description Au Augusta fine sandy loam Non-hydric, This series consists of somewhat poorly drained, may contain moderately-high to highly permeable soils on stream hydric terraces that are occasionally flooded. Slopes are inclusions generally between 0 and 2 percent. Depth to the seasonal high water table is between 12 and 24 inches below the soil surface. Bedrock occurs at a depth of more than 80 inches. Cn Colfax sandy loam Non-hydric, This series consists of somewhat poorly drained, very low may contain permeability soils on depressions of footslopes. Slopes h i are generally between 0 and 3 percent. Depth to the us ons incllusio seasonal high water table is between 6 and 18 inches below the soil surface. Bedrock occurs at a depth of more than 60 inches. Wn Wehadkee silt loam Hydric This series consists of poorly drained, moderately-high to highly permeable soils on floodplain depressions that are frequently flooded. Slopes are generally between 0 and 2 percent. Depth to the seasonal high water table is between 0 and 12 inches. Bedrock occurs at a depth of more than 80 inches. Wo Wehadkee and Bibb soils Hydric This series is composed of generally even areas of Wehadkee and Bibb soils that consist of poorly drained, moderately-high to highly permeable soils in depressions on floodplains that are frequently flooded. Slopes are generally between 0 and 2 percent. Depth to the seasonal high water table is between 0 and 12 inches. Bedrock occurs at a de th of more than 80 inches. Wy Worsham sandy loam Hydric This series consists of poorly drained soils in depressions which have very low to moderately-low permeability. Slopes are generally between 0 and 3 percent. Depth to the seasonal high water table is between 0 and 12 inches. Bedrock occurs at a depth of more than 80 inches. 5.6 FEDERALLY PROTECTED SPECIES Species with the classification of Endangered (E), Threatened (T), or officially Proposed (P) for such listing are protected under the Endangered Species Act of 1973 (ESA), as amended (16 U.S.C 1531 et seq.). Three species are federally listed for Wake County by the United States Fish and Wildlife Service (USFWS) (USFWS 2008): dwarf wedgemussel (Alasmidonta heterodon), red-cockaded woodpecker (Picoides borealis), and Michaux's sumac (Rhus michauxii). Each of these species is listed as Endangered. Additionally, the bald eagle (Haliaeetus leucocephalus) is protected by the Bald and Golden Eagle Protection Act. In addition to the bald eagle and E, T, and P species, the USFWS list includes a category of species designated as "Federal Species of Concern" (FSC). A species with this designation is one that may or may not be listed in the future (formerly C2 candidate species or species under consideration for listing for which there is insufficient information to support listing). The FSC designation provides no federal protection under the ESA for the species listed. The 15 FSC species listed on the current USFWS list are presented in Table 3. 7 Draft Perry Creek 1 Mitigation Plan August 18, 2009 Table 3. FSC Species Listed for Wake Countv Common Name Scientific name American eel Anguilla rostrata Bachman's sparrow Aimophila aestivalis Carolina darter Etheostoma collis lepidinion Carolina madtom Noturus furiosus Pinewoods shiner Lythrurus matutinus Roanoke bass Ambloplites cavifrons Southeastern myotis Myotis austroriparius Southern hognose snake Heterodon simus Atlantic pigtoe Fusconaia masoni Diana fritillary (butterfly) Speyeria diana Green floater Lasmigona subviridis Yellow lance Elliptio lanceolata Bog spicebush Lindera subcoriacea Grassleaf arrowhead Sagittaria weatherbiana Sweet pinesap Monotropsis odorata Virginia least trillium Trillium pusillum var. virginianum While unlikely to support habitat for red-cockaded woodpecker, the Mitigation Site may support suitable habitat for dwarf wedgemussel within stream channels, and Michaux's sumac in open areas and along woodland edges. With a range of habitats, including pine forest, mixed hardwood forest, marsh, and open areas, the Mitigation Site may provide suitable habitat for bald eagle and any or all of the 15 FSC species on the USFWS 2008 list. One FSC mussel, green floater (Lasmigona subviridis) was found in the Little River approximately 2 miles downstream of the Mitigation Site during surveys performed in 2007 (The Catena Group 2008). Additionally, the potential creation of a large, open body of water in the near vicinity (the proposed Little River Reservoir) may induce bald eagle to utilize portions of the Mitigation Site for nesting. 6.0 DETERMINATION OF CREDITS 6.1 CREDIT DETERMINATION The Mitigation Site encompasses Perry Creek, unnamed tributaries to Perry Creek, and associated jurisdictional wetlands, floodplains, and ponds. Mitigation Site mitigation options outlined in this report are as follows. 8 Draft Perry Creek I Mitigation Plan August 18, 2009 Table 4. Proposed Mitigation Quantities vs. Mitigation Credits Proposed Mitigation Proposed Credits Proposed Mitigation Activity Streams (linear feet) Wetlands (acres) Stream Credits Wetland Credits Stream Preservation 13,720 2,744 Wetland Enhancement 0.5 0.25 Wetland Preservation 139.5 27.9 Totals 13,720 140.0 2,744 28.2 After completion, the Mitigation Site will offer 2,744 stream mitigation credits and 28.2 wetland mitigation credits. The proposed mitigation credits provided in the table above are based on an onsite, cursory determination of Mitigation Site resources. Prior to generation of a final mitigation plan, aquatic resources within the Mitigation Site will be delineated in the field and accurately mapped for the generation of quantities. Detailed quantities of streams, wetlands, and wooded buffers within the Mitigation Site will be provided in the final mitigation plan. 6.2 PROPOSED CREDIT RELEASE SCHEDULE A credit release scenario is proposed that complies with interagency guidelines. Under this scenario, the credit release schedule is based upon satisfactory completion of project milestones. Project milestones and percent of credit released include the following: Table 5. Proposed Credit Release Schedule Percent of Task Completion Verification Credit Release Preconstruction 1. Execution of MBI by the Sponsor, USACE, and other agencies eligible 15 for membership in the Interagency Review Team who choose to execute the agreement 2. Approval of the final mitigation plan 3. Delivery of financial assurances 4. Recordation of the preservation mechanism, as well as the title opinion covering the property that is acceptable to the USACE Construction Completion of all initial physical and biological improvements made 15 pursuant to the mitigation plan l st Year Monitoring Monitoring Report* 10 2"d Year Monitoring Monitoring Report* 10 3rd Year Monitoring Monitoring Report* 10 4th Year Monitoring Monitorinb Report* 10 5th Year Monitoring Monitoring Report* 15 Bankfull Events Occurrence of two Bankfull Events** 15 Total 100 * Provided that the channel is stable and all other success criteria are met. ** The release of 15 percent is contingent upon at least two bankfull event occurrences, in separate years, provided that the channel is stable and all other success criteria are met. In the event that less than two bankfull events occur during the monitoring period, the release of the remaining credit shall be at the discretion of the Interagency Review Team. 9 Draft Perry Creek I Mitigation Plan August 18, 2009 Since the majority of the Mitigation Site is primarily composed of preservation-based mitigation alternatives, an alternative credit release schedule may be suitable. Preservation is not expected to require annual monitoring of stream, wetland, or vegetative parameters; therefore, the majority of credit may be released after the execution of the MBI and approval of this Mitigation Plan. 7.0 MITIGATION WORK PLAN The primary goals of this mitigation plan include 1) protecting a watershed from nonpoint sources of pollution associated with urban services area expansion and development; 2) promoting water quality by protecting jurisdictional wetlands adjacent to Mitigation Site streams and tributaries; 3) perpetually providing a diverse woody vegetative buffer adjacent to Mitigation Site streams, ponds, and wetlands; 4) promoting floodwater attenuation by protecting vegetation on Mitigation Site floodplains to increase frictional resistance on floodwaters crossing the Mitigation Site; 5) improving aquatic habitat by promoting stable stream banks, shading open waters, and providing structure within the Mitigation Site; and 6) establishing fee-simple ownership or a permanent conservation easement which will encompass all mitigation activities. Primary activities include stream and wetland enhancement and preservation. The mitigation concept as outlined in Figure 6 (Appendix A) is expected to achieve the following: • Preserve approximately 13,720 linear feet of stream channel • Enhance approximately 0.5 acre of jurisdictional wetland • Preserve approximately 139.5 acres of jurisdictional wetland • Establish an approximately 296-acre area permanently protected by either fee-simple ownership or conservation easement 7.1 STREAM PRESERVATION Stream preservation is being proposed on approximately 10,740 linear feet of perennial stream and approximately 2,980 linear feet of intermittent stream (Figure 6, Appendix A). Based on preliminary analysis and field investigations, Mitigation Site streams are relatively stable due to a lack of human-induced impact and a well-developed riparian buffer. Preservation areas will be protected in perpetuity through the establishment of a conservation easement or fee-simple purchase, including a 100-foot wooded buffer adjacent to each stream bank. Preservation of the existing stream resources will remove a threat to or prevent the decline of functions such as maintenance of baseflow, floodflow attenuation in adjacent floodplains, energy dissipation during flood events, and in-stream and streamside habitat. 7.2 WETLAND ENHANCEMENT AND PRESERVATION Wetland enhancement is being proposed on approximately 0.5 acre, and wetland preservation is being proposed on approximately 139.5 acres within floodplains adjacent to Mitigation Site stream reaches (Figure 6, Appendix A). Based on preliminary analysis and field investigations, wetlands occur as two general types: forested wetlands and marsh wetlands dominated by emergent vegetation. Forested wetlands, targeted for preservation, are characterized by mature forest vegetation and undisturbed hydric soils, and are subject to jurisdictional wetland hydrology. Emergent marsh wetlands, targeted for enhancement, are characterized by a 10 Draft Perry Creek 1 Mitigation Plan August 18, 2009 prevalence of emergent herbs due to continual maintenance within agricultural fields, causing a loss of mature trees. Mitigation areas will be protected in perpetuity through the establishment of a conservation easement or fee-simple purchase, including a minimum 50-foot forested buffer adjacent to jurisdictional wetland margins. Preservation and enhancement of existing wetland resources will remove a threat to or prevent the decline of functions, such as surface and sub-surface storage and retention; will maintain the system's ability to remove pathogens, soluble chemicals (including nutrients), and particulates from the water column; and will provide physical structure for habitat and landscape patch structure for wildlife. 8.0 MAINTENANCE PLAN The wetland enhancement portion of the Mitigation Site will be monitored annually for five years or until success criteria are met. Monitoring is discussed in more detail in Section 10.0 (Monitoring Requirements), and will entail visual inspections, photographic documentation, and vegetation survival counts within wetland enhancement areas. 9.0 PERFORMANCE STANDARDS Mitigation Site preservation areas will be deemed successful if photo documentation and post project walkthroughs of the Mitigation Site indicate an undisturbed riparian community, healthy jurisdictional wetland community, and functioning stream channels. The project enhancement areas will be deemed successful if photo documentation, vegetation counts for survival, and visual assessments indicate functional uplift. Once the project has been deemed successful by the IRT, Mitigation Site wetland and stream functions will be protected from anthropogenic disturbance through fee-simple ownership or restrictive land uses outlined in conservation easements. 10.0 MONITORING REQUIREMENTS Based on interagency guidance outlined in the Stream Mitigation Guidelines (USACE et al. 2003), preservation-based monitoring is primarily administrative; therefore, a 5-year monitoring plan is not required for preservation areas within the Mitigation Site. However, reference photos will be taken within preservation areas and provided to document the status of aquatic resources, including streams, wetlands, and riparian zones. Photos will adequately document the Mitigation Site preservation areas, and will include a detailed description of the locations at which the photos were taken. Monitoring efforts within the wetland enhancement areas of the Mitigation Site are expected to occur annually for five years or until success criteria, as determined by the IRT, are met. Reference photos will be taken in enhancement areas of the Mitigation Site, and planted vegetation counts will be conducted annually within the enhancement wetland areas to ensure adequate plant survival. 11.0 LONG-TERM MANAGEMENT PLAN The Mitigation Site is proposed to be protected and managed under fee-simple ownership or restrictive covenants outlined in perpetual conservation easements. Conservation easements will be written to prohibit incompatible uses that might jeopardize the objectives of the Mitigation Site. Easements may be maintained by the Sponsor, or by a land management entity approved by the IRT. The holder of the easements will be responsible for long-term management. 11 Draft Perry Creek 1 Mitigation Plan August 18, 2009 12.0 ADAPTIVE MANAGEMENT PLAN Planting is required for the enhancement components of this project; therefore, any changes in the mitigation plan that may occur due to unanticipated construction constraints will be adapted accordingly to meet performance standards. The Mitigation Site will be visited at least annually for a check of the status of aquatic resources. Likely challenges are limited, but may include a loss of vegetation structure due to natural or man-made causes, a growing presence of invasive species, or some type of contaminated spill upstream of the Mitigation Site. In the event that unforeseen changes occur that affect the management or performance standards of the Mitigation Site, the holder of the easements will work with the IRT to determine appropriate measures to rectify deficiencies in the Mitigation Site in order to provide targeted aquatic functions. 13.0 FINANCIAL ASSURANCES The Mitigation Site is anticipated to be part of an umbrella mitigation bank, which will have its own distinct cost center number within the City's budgeting and financial tracking system. Therefore, all accounting for revenues, contract encumbrances, fund transfers, and expenses will be performed and reported independent from all other capital budget or operating budget accounting. A distinct revenue account will be used to account for only stream/wetland mitigation-dedicated revenues and fund transfers. The Sponsor shall provide the IRT with an annual estimate of the cost of work required by this agreement, and a statement of funds available to perform that work, after each annual budget of the Sponsor is adopted. 14.0 CORPORATE EXPERIENCE Mitigation proposed for the Mitigation Site will involve the establishment, maintenance, and protection of aquatic resources existing within the proposed Mitigation Site in perpetuity. The Mitigation Site is proposed for use toward City of Raleigh public projects. Mitigation credits provided by the Mitigation Site will be used for capital projects performed under the supervision or direction of the City's Public Utilities Department. If possible and practicable, the Mitigation Site may also be available for use by other City departments. Mitigation Site credits will not be offered as mitigation for any other projects without approval of the IRT. The City will maintain contracts with experienced mitigation providers to construct and maintain the mitigation sites, including Hazen and Sawyer, Axiom Environmental, Inc. (Axiom), and EcoScience Corporation (EcoScience). Hazen and Sawyer is an engineering consulting firm that is assisting the City of Raleigh and the U.S. Army Corps of Engineers with the preparation of an Environmental Impact Statement (EIS) and preliminary engineering services for the proposed Little River Reservoir. Since 1985, the Raleigh office of Hazen and Sawyer has completed over 30 Environmental Assessment (EA)/EISs for water and wastewater projects, including water supply reservoirs. Axiom is a Ralcigh-based environmental consulting firm that is assisting Hazen and Sawyer with the generation of this draft mitigation plan. The Axiom staff is experienced with coordination among North Carolina natural resources agencies over a wide range of environmental issues ranging from jurisdictional area identification and delineations, jurisdictional area functional assessments, protected species, mitigation site assessments, mitigation site conceptual and detailed planning and construction oversight, mitigation site monitoring, determination of mitigation success, and mitigation bank development. Axiom has conducted over 100 investigations of potential mitigation sites, and completed 54 mitigation feasibility 12 Draft Perry Creek I Mitigation Plan August 18, 2009 studies/prospectuses during the past four years for private landowners, mitigation bankers, and in-lieu fee programs throughout North Carolina. Axiom has also developed many detailed plans for stream, wetland, and riparian buffer mitigation. EcoScience is a Raleigh-based, wholly-owned subsidiary of PBS&J and is assisting Hazen and Sawyer with the field investigation and evaluation of potential mitigation sites. The EcoScience staff is experienced with coordination among North Carolina natural resources agencies over a wide range of environmental issues ranging from jurisdictional area identification and delineations, jurisdictional area functional assessments, protected species, mitigation site assessments, mitigation site conceptual and detailed planning and construction oversight, mitigation site monitoring, determination of mitigation success, and mitigation bank development. 13 Draft Perry Creek I Mitigation Plan August 18, 2009 15.0 REFERENCES Cowardin, Lewis M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classifications of Wetlands and Deepwater Habitats of the United States. U.S. Fish and Wildlife Service. U.S. Government Printing Office, Washington D.C. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1. United States Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. Griffith, G.E., J.M. Omernik, J.A. Comstock, M.P. Schafale, W.H. McNab, D.R. Lenat, T.F. MacPherson, J.B. Glover, and V.B. Shelbourne. 2002. Ecoregions of North Carolina and South Carolina. U.S. Geological Survey, Reston, Virginia. Natural Resources Conservation Service (MRCS). 2008. Web Soil Survey (online). Available: http://websoilsurvey.nres.usda.gov/ [April 6, 2009]. Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. North Carolina Division of Water Quality (NCDWQ). 2007. Final North Carolina Water Quality Assessment and Impaired Waters List (2006 Integrated 305(b) and 303(d) Report) (online). Available: http://h2o.enr.state.nc.us/tmdl/documents/303d_Report.pdf [April 7, 2009]. North Carolina Department of Environment and Natural Resources, Raleigh, North Carolina. North Carolina Division of Water Quality (NCDWQ). 2008. Basinwide Planning Program. Draft Neuse River Basinwide Water Quality Plan -- June 2008. North Carolina Department of Environment and Natural Resources. Raleigh, North Carolina. North Carolina Division of Water Quality (NCDWQ). 2009. North Carolina Waterbodies Listed by Subbasin (online). Available: http://h2o.enr.state.nc.us/bims/reports/basinsandwaterbodies/03-04-06.pdf [April 7, 2009]. North Carolina Department of Environment and Natural Resources. Raleigh, North Carolina. The Catena Group. 2008. City of Raleigh Freshwater Mussel Surveys of the Little River: Wake and Johnston Counties. Prepared for Arcadis. United States Army Corps of Engineers, United States Environmental Protection Agency, North Carolina Wildlife Resources Commission, North Carolina Division of Water Quality (USACE et al.). 2003. Stream Mitigation Guidelines. 14 Draft Perry Creek I Mitigation Plan August 18, 2009 United States Army Corps of Engineers, United States Environmental Protection Agency, United States Fish and Wildlife Service, North Carolina Wildlife Resources Commission, North Carolina Division of Water Quality, and North Carolina Division of Water Resources (USACE et al.). 2008. Determining Appropriate Compensatory Mitigation Credit for Dam Removal Project in North Carolina (Version 7.1). United States Fish and Wildlife Service (USFWS). 2008. Threatened and Endangered Species in North Carolina (online). Available: http://www.fws.gov/nc-es/es/countyfr.html. [February 12, 2009]. United States Fish and Wildlife Service, Raleigh, North Carolina. 15 Draft Perry Creek 1 Mitigation Plan August 18, 2009