HomeMy WebLinkAboutPridgen Flats Pocosin Mitation Bank
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO February 4, 1993
Regulatory Branch
Subject File: CESAW-CO92-M-082
Mr. L. J. Ward, Manager
Planning and Environmental Branch
North Carolina Department
of Transportation
Post Office Box
Raleigh, North Carolina 27611-5201
Dear Mr. Ward:
dA F) I
1 51993
5
Reference our letter dated June 2, 1992, and the onsite meeting January 6,
1992, between representatives of your staff, the US Fish & Wildlife Service,
the North Carolina Wildlife Resources Commission, and Messrs. David Franklin
and Scott McLendon of this office concerning the North Carolina Department of
Transportation's (NCDOT) proposed Pridgen Flats Pocosin Mitigation Bank
located at Kerr, Sampson County, North Carolina.
It is our understanding that the following decisions have been made
relative to the proposed mitigation site:
a. The culverts will not be removed from under the old railroad bed. The
existing culvert may be capped.
b. Several drain fields on the east side of the railroad bed may be
blocked;
c. A reduced area will be planted. This will include the previously
seeded area east of the railroad bed. Plantings in other areas will be
limited to below the 80-foot contour to ensure the presence of hydric soils
and hydrology;
d. To foster seed germination, the area east of the railroad bed will be
burned;
e. Detailed vegetation and topographic surveys of the site will not be
undertaken;
f. Two ground water monitoring wells will be added to the full seedling
planting area;
-2-
Your "Proposal for Modifications to the Pridgen Flats Memorandum of
Understanding" calculates that 127.3 acres of mitigation credit to be placed
towards highway projects previously granted conditional Department of the Army
(DA) permits can be obtained from this project. Based on the amount of hydric
soil area determined to occur on the site, we have determined that a maximum
of 87 acres could satisfy Corps mitigation requirements and, thus, could be
considered as mitigation credit. The 87 acres was calculated by averaging the
percentages in each soil category (e.g. 80-100% hydric soil area = 7.56 acres
(90% of 8.4 acres) etc.].
Referencing our previous correspondence concerning our site specific.
observations and recommendations and the wetland identification criteria set
forth in the 1987 Corps of Engineers Wetland Delineation Manual, mitigation
credit will be acceptable in areas that exhibit permanently reestablished or
established wetland vegetation, hydric soils, and hydrology within the Pridgen
Flats site. We will need written documentation in support of satisfying these
requirements prior to accepting the final mitigation credit acreages. Similar
documentation will be mandatory for future DOT mitigation banks established to
satisfy DA permit requirements of this nature.
In regard to the above conclusions, we have reviewed the language in the
permit conditions of the projects proposed to be debited from Pridgen Flats
and have determined that;86.6 acres of pocosin mitigation is subject to Corps
approval. Thirty (30) additional acres will be required to satisfy mitigation
obligations subject to the US Fish and Wildlife Service and North Carolina
Wildlife Resources approvals. Accordingly, with appropriate documentation on
vegetation and hydrology, we believe that the Pridgen Flats site can satisfy
the six projects that were to be debited from this mitigation.
Thank you for allowing us to review the Pridgen Flats project information.
If you have questions or if I.can be of further assistance please call me at
telephone (919) 251-4630.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
-3-
Copies Furnished:
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Ms. L.K. (Mike) Gantt
U.S. Fish & Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
lope. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. Dennis Stewart
NC Wildlife Resources Commission
Habitat Conservation Protection
Leader
512 N. Salisbury Street
Raleigh, North Carolina 27604-1188
X114/93
CHARGE ICMBERS FOR MCDOT WETLAND BAIL, SAMPSON COUNTY (3-92)
COUNTY TIP 10. WORK ORDER 10. ROUTE
------------ ----------- - - - - - - - - - - - - - - - - ----------
BRUNS1i1 R-0083C 6.239002T US 17
1-00978 6.239001T US 17
DUPLIN R-0606 8.1240603 US 117
NEW BANOVci R-0536 9.8039045 NC 132
ONSLOW U-1253H 9.8031458 SR 1470
PITT 1-1022BA
----- 6.229003T US 264
----------
Total: 6
- -------------
(J old ?COTE: Pridgen Flats Bank has less than 200 acres
restoration area (to be determined. As of 10-9-91, 11£.6
acres hale been debited, leaving a remainder of less than
83.4 aces in the bank.
(J CG= 'letter of 21-4!93 allows 87 acres agai:st e6.6 acres
subje.::e CCU acpr?val.
(J Acreage total without U-1253H : 36.6 acres
(J o-12538 charge no closed out. 403.
(J Corversations with Charles Tomlinson of Rdside
EnvlroA-tntai Unit 4/14/93 concluded that aitho U-1253E is
closed set, it stili should be mentianed in memo by Rdside in
just; :cation setting up the 'single job charge number'
systes for Pridgen Flats work. The new number will
distri;i:e costs proportionately to the regaining 5 projects.
.. The new number will be set Yp by Calvin Leggett in a few
cars. i
46 .
MEMORANDUM OF UNDERSTANDING
BETWEEN
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION,
NORTH CAROLINA WILDLIFE RESOURCES COMMISSION,
AND U.S. FISH AND WILDLIFE SERVICE
THIS AGREEMENT is made and entered into on the date
hereinbelow last written, by and between the State of North
Carolina, acting through the Wildlife Resources Commission (WRC)
and the Department of Transportation (NCDOT); and the United
States of America, acting through the U.S. Department of
Interior, Fish and Wildlife Service (USFWS).
WHEREAS, the USFWS is authorized to enter into agreements
with the State of North Carolina in accordance with the
provisions of the Fish and Wildlife Coordination Act, 48 Stat.
401, as amended; 16 U.S.C. 661-667d; and
WHEREAS, under existing provisions of law the WRC and NCDOT
are authorized to enter into agreements with the USFWS; and
WHEREAS, the purpose of this Memorandum of Understanding is
to establish a Mitigation Bank for mitigating unavoidable
pocosin wetland losses associated with future NCDOT projects in
pocosin wetlands; and
WHEREAS, a portion of the former J.T. Barefoot & Sons
Tract, hereafter referred to as the Pridgen Flats Mitigation
Site, upon which USFWS holds a perpetual conservation easement
in the National Wildlife Refuge system was formerly pocosin
wetlands prior to clearing and draining for agricultural use,
and can be restored to its previous condition through
appropriate restoration and management techniques;
NOW, THEREFORE, it is mutually agreed among the three
parties that the following general provisions are adopted and
will be implemented as indicated.
General Provisions
1. The term of the agreement shall be for a period of twenty
(20) years.
2. The attached restoration and monitoring plan is an integral
part of this MOU (Attachment A) and identifies initial and
long-range habitat improvement measures which will be
implemented by NCDOT. Initial restoration activities and
the associated costs will be the responsibility of the
project sponsor, NCDOT.
3. The USFWS will manage the mitigation bank site in
perpetuity. If any structure installed by NCDOT fails
within the life of this agreement, it will be repaired or
replaced by NCDOT.
4. Mitigation from the bank will be used only to offset
unavoidable impacts on pocosin wetlands when the applicant
can demonstrate to the satisfaction of all parties to the
MOU that there are no available or practical onsite
mitigation alternatives.
5. Projects to be permitted using this area as mitigation
shall be debitted from the bank at a 2:1 ratio (acres
restored : acres impacted).
6. The mitigation bank will be used for mitigating unavoidable
impacts associated with NCDOT projects occurring in North
Carolina on pocosin wetland habitat types. For the
purposes of this agreement, pocosin wetlands are defined as
palustrine broad-leaved evergreen scrub/shrub (a sparse
needle-leaved evergreen forested overstory may be present)
saturated or seasonally flooded/saturated freshwater
wetlands, characterized by acid water chemistry and highly
organic soils.
7. The mitigation bank will not be used to offset any project
impacts on Federally-listed endangered or threatened
species.
8. If future NCDOT projects requiring mitigation occur within
the mitigation bank site, whether the bank is to be debited
or offsite areas are used for mitigation, then the debits
for such projects will equal four (4) times the acreage
caused to be lost by the project.
9. The USFWS will provide data sheets for each credit or debit
transaction to all parties to the MOU for signature
concurrence. No credits or debits can be applied until all
parties concur with the USFWS data sheet analysis. Such
concurrence, substantiations of reasons for nonconcurrence,
or requests for additional review time must be forwarded to
the Raleigh Office of USFWS within 30 working days after
receipt of the data sheet. If no response from a party is
received within this time frame, it will be deemed to
indicate concurrence by that party. Copies of annual
transaction data sheets will be held as a permanent record
by USFWS and NCDOT. An annual summary of credits and
debits will be prepared by the USFWS on a calendar year
basis and provided to each party, until such time as all
credits from the bank have been depleted.
10. This MOU does not eliminate the applicant's or agencies'
responsibilities under all applicable Federal, State and
local laws and/or regulations.
11. Five (5) years after implementation of the restoration
plan, a complete evaluation of the restoration program will
be made by the parties involved to evaluate success and to
take corrective actions, if necessary, as outlined in the
attached implementation plan.
12. Amendment or modification of the MOU may be proposed at any
time, but will not be adopted unless agreed to by all
parties. If proposed revisions are not agreed to within
one (1) year after submission, then the party proposing the
revision may elect to terminate its participation in this
agreement at the end of that one year period. In the event
that NCDOT terminates its participation in this agreement,
alternative mitigation will be required for those impacts
for which debits have been made from the bank. The scope
of the alternative mitigation shall be adjusted according
to pocosin wetland values anticipated to result from the
restoration activites implemented prior to termination of
the agreement relative to pocosin wetland values which
would have been expected to result from fulfillment of the
terms of this agreement.
IN WITNESS THEREOF, the parties have caused this agreement
to be executed on the date hereinbelow last written.
Secretary Date
N.C. Department of Transportation
&4'4-?-, /l len
Executive Director
N.C. Wildlife Resources Commission
R i.onal Director
U.S: Fish and Wildlife Service
?F- 6 -92
Date
Co.. Z•9 Z-
Date
Attachment A.
Restoration and Monitoring Plan
Pridgen Flats Pocosin Mitigation Bank
Sampson County, North Carolina
November 20, 1991
TABLE OF CONTENTS
RESTORATION and MONITORING PLAN
PRIDGEN FLATS POCOSIN MITIGATION BANK
* Main Body of Attachment A.
* Appendix 1: Planting and Monitoring Guidelines
* Figure 1. Restoration map, showing the three experimental areas, location of
drainage water controls, etc.
* Figure 2. Schematic of flashboard riser.
* Figure 3. Reduced size cross-sections of existing drainage ditches.
INTRODUCTION
The proposed mitigation area is on a 346.2Q acre conservation easement on a
farm that reverted to Farmer's Home Administration (FmHA) ownership after the failure
of farming operations. The FmHA has given the easement to the U.S. Fish and
Wildlife Service (USFWS). The property is located south of Kerr in Sampson County,
and can be accessed along the abandoned railroad embankment behind Ander's
Store in Kerr, or from SR 1105 along the railroad embankment. A map of the property
is attached (Figure 1).
The North Carolina Department of Transportation (NCDOT) proposes to restore
the wetlands on this property and receive mitigation credits for this activity. This will
involve restoring natural conditions on the property so that a wetland community
similar to the original can develop.
EXISTING CONDITIONS
Vegetation -
The easement occurs in a landscape studded with Carolina Bays and their
associated sand rims. There is a large Carolina Bay west of the easement which is
designated as Pridgen Flats on the U.S.G.S. topographic map. The easement
includes areas of former and existing Carolina Bay and sand rim habitat, as well as
other upland areas.
Pocosin restoration efforts will take place on both sides of the abandoned railroad
embankment at the northern end of the easement.. The soil in this section is
predominantly Lynn Haven Sand, a hydric soil, and was formerly vegetated with
typical tall pocosin vegetation. A remnant of the original vegetation occurs to the west
of the field. This fragment has a scattered canopy of pond pine (Pious serotina) with
a dense shrub layer composed of Gordonia lasianthus, Lyonia lucida, Cyrilla
racemiflora, flex glabra, flex coriacea, Myrica cerifera, and Persea borbonia. Smilax
laurifolia is abundant and Sphagnum species is also to be found.
Currently, the restoration area primarily consists of open fields in an early state of
old field succession, with a few young pines and shrubs (those listed above plus
Baccharis halimifolia) and abundant grasses. The northwest section of the restoration
area contains windrows composed of the shrubs listed above.
The restoration area is bordered to the north by a mixed stand of Pinus serotina,
Pinus taeda, and Pinus palustris. There is a scattered shrub understory, apparently
the result of a recent fire. The restoration area is bordered to the east and south by
open fields on non-hydric soil.
Solis
The Sampson County Soil Survey depicts several hydric soils within the easement
boundary. These soils include Lynn Haven Sand, Leon Sand and Tomahawk Sand.
The areas of hydric soils will be mapped by the NCDOT wetland mitigation staff.
Lynn Haven Sand is poorly drained with a surface layer of 8 inches of black sand.
The subsurface is gray sand 4 inches thick. The subsoil is 58 inches thick. Infiltration
is rapid and surface runoff is slow to ponded. It is further characterized by wetness,
low fertility, and a hard pan within 30 inches of the surface. This is the dominant soil
type in the restoration area.
Leon Sand, the other hydric soil, is not as extensive on the easement. The Leon
series is a poorly drained sandy soil with a weakly cemented layer within 30 inches
deep. Below this cemented layer is loose sand. The water table is 10 to 40 inches
deep for more than 6 months during most years.
Another soil type, Tomahawk Sand, is listed as containing inclusions of a hydric
soil, namely Leon Sand. Tomahawk occurs on a portion of the easement.
Hydrology
The USFWS Conservation Easement was visited several times to gain an under-
standing of the existing drainage. An engineering survey measured slopes and sizes
of the existing agricultural/railroad ditches, and existing natural ground slopes (Refer
to Figures 1 and 3.)
The principal survey line is designated -L- on Figure 1, with other lines designated
-T1- through -TS-. These lines were surveyed to assist in quantifying the principal
drainage patterns and ditches. General contour lines are also provided. Note that the
-L- line corresponds to the abandoned railroad bed, and the -TS- line to the northwest
boundary ditch. These two lines, along with -T2-, closely parallel the principal existing
drainage, which flows to the northwest and under highway SR 1007.
The existing ditch sections are shown on Figure 3, along with their maximum
(bank full) flows and their average flows. The flows were calculated by the staff of the
NCDOT State Hydraulics Engineer, using accepted hydrologic engineering practices.
2
PROPOSED ACTIONS
Vegetation
This restoration plan is designed to promote development of a scrub-shrub
pocosin with a widely scattered pond pine overstory. The most expeditious way of
re-establishing this community would be to replant the entire area with the shrub
species originally present. Several suppliers of the desired shrub species have been
located. However, all of these nurseries have limited supplies of these species. The
available plants are of container size, and consequently have a fairly high cost. A
three year delay in planting would be necessary to propagate shrub seedlings. Pond
pine seedlings are available in ample quantity to provide the sparse coverage desired
on the restoration area, and are relatively inexpensive.
Due to the limited supply of shrubs, it is not feasible to replant the entire
easement. This restoration plan proposes an experimental approach to revegetating
the restoration area. The goal of this strategy is to develop a scrub-shrub pocosin as
quickly as possible while obtaining some comparative data on different planting
approaches.
The restoration area will be divided into three sections roughly equivalent in size
(Fig. 1). The first area, which is east of the railroad bed, will be replanted with pond
pine seedlings and appropriate shrubs as described in the planting guidelines. The
second area, the southwestern section of the easement, will be seeded. The seeds
for this section will be gathered by NCDOT personnel from nearby pocosin areas, and
distributed over the restoration area. The third section of the easement will be allowed
to revegetate by natural succession. This section, the northwest corner, contains
windrows of appropriate shrubs, and borders the remnant pocosin area to the west. A
controlled burn will be conducted on the first two areas to prepare them for planting.
The guidelines for planting and monitoring these sections are attached as an
appendix. Sufficient shrubs are currently available to replant the roughly 67 acre
section as proposed in the guidelines.
3
Soils
The Department recognizes the importance of hydric soils and wetland hydrology
for the success of this project. The Department, also recognizes the limitations of
county soil surveys. Areas of hydriCsoils will be mapped by the NCDOT mitigation
staff. The hydric soil criteria outlined in Hydric Soils of the United States (1991) will be
used in conjunction with the field indicators of hydric soils listed in the U.S. Army
Corps of Engineers 1987 Wetland Delineation Manual and the 1989 Interagency
Manual in delineating the hydric soil boundary within the project area. The restorable
portion of the property will consist of the areas of hydric soils.
Hydrologic Restoration
Hydrologic restoration efforts will be directed to restore the original pocosin water
levels as nearly as practical. Several methods were considered to achieve this goal
and flow control devices known as flashboard risers were chosen. These structures
will be installed at Sites 1 through 4 (Fig. 1). A schematic of a flashboard riser is
illustrated in Figure 2.
Pipe sections of the flashboard risers were sized to allow full existing normal flow in
the ditch. The riser section is designed to allow incremental adjustment from a "no
restriction" condition to a "fully dammed" condition. Timber inserts are added
incrementally from the bottom upward as desired, up to the top of the ditch.
Faashboard risers allow for a range in dam heights, and should enable control of
ground water levels to predictable elevations. The control structures, when fully
closed, are intended to control ground water levels to the approximate natural ground
elevations at Sites 1 through 4.
It should be noted that these elevations are maximums, with the control structures
fully closed; the optimum ground water level will be sought by field experimentation.
The optimum results may well occur with the control structures only partially closed.
Field calibrations will allow restoration of water levels to conditions present before the
natural drainage was altered.
The ground water level will be monitored by ten monitoring wells, and also by
observation of water levels in the ditches. Measurements from the groundwater
monitoring wells and staff gauges will verify how well the flashboard risers influence
and are able to restore ground water levels. The location and number of monitoring
wells were determined by the USFWS and NCDOT geologists. The ditch level will be
monitored by use of several surveyed staff gauges. Top-of-well elevations will also be
surveyed so that any ground water flow regime can be established by appropriate well
measurements. Monitoring will be manual, and will be performed by NCDOT monthly
4
for the first year, and seasonally (four times per year) for the following four years. The
existing ground water level will be determined by several observations prior to any
ditch closure, in order to establish a baseline against which to measure changes.
(See Figure 1 for proposed well locations).
The wells have been installed by the NCDOT Geotechnical Unit at depths of 6 to 8
feet. Wells are capped, set in sand, and sealed in bentonite. Well pipe material is 2
inch diameter PVC pipe, consisting of a 5 foot lower screen section and a 5 foot plain
upper section. The Geotechnical Unit has prepared well logs by observation at
appropriate intervals, and has installed the wells so that none penetrate any
impervious layer.
Although it might be desirable, the hydrologic controls are not likely to affect the
entire 346.20 acre USFWS Conservation Easement. The portion of the Easement
which includes the most likely area for hydrologic restoration is labeled "Restoration
Area", and covers approximately 200 acres.
PROJECT TIMETABLE
Seeds have been collected during September and November, 1991 in preparation
for planting in the spring of 1992. In December of 1991, NCDOT will delineate the
extent of hydric soils in the restoration area. Shortly afterwards, NCDOT intends to
apply for the 404 and USFWS Special Use Permits, if required, so that the hydrologic
restoration plan can be implemented this winter. Concurrently, contracts will be
developed for the revegetation plan, which should be implemented next spring.
After the hydrologic structures have begun to operate, NCDOT will consult with the
US Fish & Wildlife Service to agree on the effective restoration area that will generate
credits. It is expected that restoration of hydrology will be a prime factor in this
determination.
5
APPENDIX 1.
Planting and Monitoring Guidelines for Planting Area, Pridgen Flats Mitigation Bank,
Sampson County, North Carolina.
1. Monitoring Time Frame - Mitigation site shall be inspected at the following times:
A. Prior to planting
B. At completion of planting
C. Three (3) and five (5) years following completion (or after 3rd and 5th
growing seasons)
II. Data to be Obtained at Specific Inspection Times
A. Prior to planting
1. Check for proper plant species and acceptable plant quality.
10 per acre Gordonia lasianthus, #1 container
10 per acre flex glabra, #1 container
20 per acre Myrica cerifera, #1 container
10 per acre Persea borbonia, #1 container
30 per acre Pinus serotina, 1 yr. seedling,
Note: Plant species are contingent on availability at the time of planting. If
sufficient quantities are not available, half of the plants may be planted one
year and half the next.
2. Check for proper planting methods
3. Check for proper plant spacing (17.5' O.C. for container plants, 48'
O.C. for seedlings)
B. At completion of planting check for conformity with plans as well as quality
of planting.
6
C. Three (3) and five (5) years following completion (or after 3rd and 5th full
growing season)
1. Estimate survival rate (optional • collect data if it can be determined)
2. Measure height of plants
3. Take Photographs (aerial and ground)
4. Estimate percent population
a. Planted species
b. Overall (including natural succession)
III. Evaluation and Recourse Action
A. Acceptable survival rate
1. Planted area: 80% for container plants and 50% for seedlings,
including planted and natural succession of desirable species.
2. Seeded and natural succession areas: stem density equal to that
planted in the planted area.
B. Three (3) and five (5) year data evaluation
1. Below acceptable survival rate (recourse options)
a. Replant (supplemental or complete)
b. Reevaluate feasibility
2. Acceptable survival rate - no action
7
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4/14/93
CHARGE NUMBERS FOR MCDOT WETLAND BANK, SAMPSON COUNTY (3-92)
COUNTY TIP NO. WORK ORDER NO. ROUTE
------------ ----------- ---------------- ----------
BRUNSWICK R-00830 6.239002T US 17
R-0097B 6.239004T US 17
DUPLIN R-0606 8.1240603 US 117
NEW HANOVER R-0536 9.8039045 NC 132
ONSLOW U-1253H 9.8031458 SR 1470
PITT R-1022BA 6.229003T US 264
---------------
Total; 6
---------------
[] old NOTE; Pridgen Flats Bank has less than 200 acres
restoration area (to be determined). As of 10-9-91, 116.6
acres have been debited, leaving a remainder of less than
83.4 acres in the bank.
[] COE letter of 2/4/93 allows 87 acres against 86.6 acres
subject to COE approval.
[] Acreage total without U-1253H = 86.6 acres
[] U-1253H charge no closed out, 4/93.
[] Conversations with Charles Tomlinson of Rdside
Environmental Unit 4/14/93 concluded that altho U-1253F is
closed out, it still should be mentioned in memo by Rdside in
justification setting up the "single job charge number"
system for Pridgen Flats work. The new number will
distribute costs proportionately to the remaining 5 projects.
... The new number will be set up by Calvin Leggett in a few
days.
MEMORANDUM OF UNDERSTANDING
BETWEEN
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION,
NORTH CAROLINA WILDLIFE RESOURCES COMMISSION,
AND U.S. FISH AND WILDLIFE SERVICE
THIS AGREEMENT is made and entered into on the date
hereinbelow last written, by and between the State of North
Carolina, acting through the Wildlife Resources Commission (WRC)
and the Department of Transportation (NCDOT) ; and the United
States of America, acting through the U.S. Department of
Interior, Fish and Wildlife Service (USFWS).
WHEREAS, the USFWS is authorized to enter into agreements
with the State of North Carolina in accordance with the
provisions of the Fish and Wildlife Coordination Act, 48 Stat.
401, as amended; 16 U.S.C. 661-667d; and
WHEREAS, under existing provisions of law the WRC and NCDOT
are authorized to enter into agreements with the USFWS; and
WHEREAS, the purpose of this Memorandum of Understanding is
to establish a Mitigation Bank for mitigating unavoidable
pocosin wetland losses associated with future NCDOT projects in
pocosin wetlands; and
WHEREAS, a portion of the former J.T. Barefoot & Sons
Tract, hereafter referred to as the Pridgen Flats Mitigation
Site, upon which USFWS holds a perpetual conservation easement
in the National Wildlife Refuge system was formerly pocosin
wetlands prior to clearing and draining for agricultural use,
and can be restored to its previous condition through
appropriate restoration and management techniques;
NOW, THEREFORE, it is mutually agreed among the three
parties that the following general provisions are adopted and
will be implemented as indicated.
General Provisions
1. The term of the agreement shall be for a period of twenty
(20) years.
2. The attached restoration and monitoring plan is an integral
part of this MOU (Attachment A) and identifies initial and
long-range habitat improvement measures which will be
implemented by NCDOT. Initial restoration activities and
the associated costs will be the responsibility of the
project sponsor, NCDOT.
3. The USFWS will manage the mitigation bank site in
perpetuity. If any structure installed by NCDOT fails
within the life of this agreement, it will be repaired or
replaced by NCDOT.
4. Mitigation from the bank will be used only to offset
unavoidable impacts on pocosin wetlands when the applicant
can demonstrate to the satisfaction of all parties to the
MOU that there are no available or practical onsite
mitigation alternatives.
5. Projects to be permitted using this area as mitigation
shall be debitted from the bank at a 2:1 ratio (acres
restored : acres impacted).
6. The mitigation bank will be used for mitigating unavoidable
impacts associated with NCDOT projects occurring in North
Carolina on pocosin wetland habitat types. For the
purposes of this agreement, pocosin wetlands are defined as
palustrine broad-leaved evergreen scrub/shrub (a sparse
needle-leaved evergreen forested overstory may be present)
saturated or seasonally flooded/saturated freshwater
wetlands, characterized by acid water chemistry and highly
organic soils.
7. The mitigation bank will not be used to offset any project
impacts on Federally-listed endangered or threatened
species.
8. If future NCDOT projects requiring mitigation occur within
the mitigation bank site, whether the bank is to be debited
or offsite areas are used for mitigation, then the debits
for such projects will equal four (4) times the acreage
caused to be lost by the project.
9. The USFWS will provide data sheets for each credit or debit
transaction to all parties to the MOU for signature
concurrence. No credits or debits can be applied until all
parties concur with the USFWS data sheet analysis. Such
concurrence, substantiations of reasons for nonconcurrence,
or requests for additional review time must be forwarded to
the Raleigh Office of USFWS within 30 working days after
receipt of the data sheet. If no response from a party is
received within this time frame, it will be deemed to
indicate concurrence by that party. Copies of annual
transaction data sheets will be held as a permanent record
by USFWS and NCDOT. An annual summary of credits and
debits will be prepared by the USFWS on a calendar year
basis and provided to each party, until such time as all
credits from the bank have been depleted.
10. This MOU does not eliminate the applicant's or agencies'
responsibilities under all applicable Federal, State and
local laws and/or regulations.
11. Five (5) years after implementation of the restoration
plan, a complete evaluation of the restoration program will
be made by the parties involved to evaluate success and to
take corrective actions, if necessary, as outlined in the
attached implementation plan.
12. Amendment or modification of the MOU may be proposed at any
time, but will not be adopted unless agreed to by all
parties. If proposed revisions are not agreed to within
one (1) year after submission, then the party proposing the
revision may elect to terminate its participation in this
agreement at the end of that one year period. In the event
that NCDOT terminates its participation in this agreement,
alternative mitigation will be required for those impacts
for which debits have been made from the bank. The scope
of the alternative mitigation shall be adjusted according
to pocosin wetland values anticipated to result from the
restoration activites implemented prior to termination of
the agreement relative to pocosin wetland values which
would have been expected to result from fulfillment of the
terms of this agreement.
IN WITNESS THEREOF, the parties have caused this agreement
to be executed on the date hereinbelow last written.
Secretary
N.C. Department of Transportation
6" /Z Executive Director
N.C. Wildlife Resources Commission
Jkl,?Itt?
R i.Qnal Director
U:S." Fish and Wildlife Service
Date
Date
Date
Attachment A:
Restoration and Monitoring Plan
Pridgen Flats Pocosin Mitigation Bank
Sampson County, North Carolina
November 20, 1991
TABLE OF CONTENTS
RESTORATION and MONITORING PLAN
PRIDGEN FLATS POCOSIN MITIGATION BANK
* Main Body of Attachment A.
* Appendix 1: Planting and Monitoring Guidelines
*'Figure 1. Restoration map, showing the three experimental areas, location of
drainage water controls, etc.
* Figure 2. Schematic of flashboard riser.
* Figure 3. Reduced size cross-sections of existing drainage ditches.
INTRODUCTION
The proposed mitigation area is on a 346.2Q acre conservation easement on a
farm that reverted to Farmer's Home Administration (FmHA) ownership after the failure
of farming operations. The FmHA has given the easement to the U.S. Fish and
Wildlife Service (USFWS). The property is located south of Kerr in Sampson County,
and can be accessed along the abandoned railroad embankment behind Ander's
Store in Kerr, or from SR 1105 along the railroad embankment. A map of the property
is attached (Figure 1).
The North Carolina Department of Transportation (NCDOT) proposes to restore
the wetlands on this property and receive mitigation credits for this activity. This will
involve restoring natural conditions on the property so that a wetland community
similar to the original can develop.
EXISTING CONDITIONS
Vegetation
The easement occurs in a landscape studded with Carolina Bays and their
associated sand rims. There is a large Carolina Bay west of the easement which is
designated as Pridgen Flats on the U.S.G.S. topographic map. The easement
includes areas of former and existing Carolina Bay and sand. rim habitat, as well as
other upland areas.
Pocosin restoration efforts will take place on both sides of the abandoned railroad
embankment at the northern end of the easement.. The soil in this section is
predominantly Lynn Haven Sand, a hydric soil, and was formerly vegetated with
typical tall pocosin vegetation. A remnant of the original vegetation occurs to the west
of the field. This fragment has a scattered canopy of pond pine (Pinus serotina) with
a dense shrub layer composed of Gordonia lasianthus, Lyonia lucida, Cyrilla
racemif/ora, Ilex glabra, flex coriacea, Myrica cerifera, and Persea borbonia. Smilax
laurifolia is abundant and Sphagnum species is also to be found.
Currently, the restoration area primarily consists of open fields in an early state of
old field succession, with a few young pines and shrubs (those listed above plus
Baccharis halimifolia) and abundant grasses. The northwest section of the restoration
area contains windrows composed of the shrubs listed above.
The restoration area is bordered to the north by a mixed stand of Pinus serotina,
Pinus taeda, and Pinus palustris. There is a scattered shrub understory, apparently
the result of a recent fire. The restoration area is bordered to the east and south by
open fields on non-hydric soil.
Soils
The Sampson County Soil Survey depicts several hydric soils within the easement
boundary. These soils include Lynn Haven Sand, Leon Sand and Tomahawk Sand.
The areas of hydric soils will be mapped by the NCDOT wetland mitigation staff.
Lynn Haven Sand is poorly drained with a surface layer of 8 inches of black sand.
The subsurface is gray sand 4 inches thick. The subsoil is 58 inches thick. Infiltration
is rapid and surface runoff is slow to ponded. It is further characterized by wetness,
low fertility, and a hard pan within 30 inches of the surface. This is the dominant soil
type in the restoration area.
Leon Sand, the other hydric soil, is not as extensive on the easement. The Leon
series is a poorly drained sandy soil with a weakly cemented layer within 30 inches
deep. Below this cemented layer is loose sand. The water table is 10 to 40 inches
deep for more than 6 months during most years.
Another soil type, Tomahawk Sand, is listed as containing inclusions of a hydric
soil, namely Leon Sand. Tomahawk occurs on a portion of the easement.
Hydrology
The USFWS Conservation Easement was visited several times to gain an under-
standing of the existing drainage. An engineering survey measured slopes and sizes
of the existing agricultural/railroad ditches, and existing natural ground slopes (Refer
to Figures 1 and 3.)
The principal survey line is designated -L- on Figure 1, with other lines designated
-T1- through -TS-. These lines were surveyed to assist in quantifying the principal
drainage patterns and ditches. General contour lines are also provided. Note that the
-L- line corresponds to the abandoned railroad bed, and the -T5- line to the northwest
boundary ditch. These two lines, along with -T2-, closely parallel the principal existing
drainage, which flows to the northwest and under highway SR 1007.
The existing ditch sections are shown on Figure 3, along with their maximum
(bank full) flows and their average flows. The flows were calculated by the staff of the
NCDOT State Hydraulics Engineer, using accepted hydrologic engineering practices.
2
PROPOSED ACTIONS
Vegetation
This restoration plan is designed to promote development of a scrub-shrub
pocosin with a widely scattered pond pine overstory. The most expeditious way of
re-establishing this community would be to replant the entire area with the shrub
species originally present. Several suppliers of the desired shrub species have been
located. However, all of these nurseries have limited supplies of these species. The
available plants are of container size, and consequently have a fairly high cost. A
three year delay in planting would be necessary to propagate shrub seedlings. Pond
pine seedlings are available in ample quantity to provide the sparse coverage desired
on the restoration area, and are relatively inexpensive.
Due to the limited supply of shrubs, it is not feasible to replant the entire
easement. This restoration plan proposes an experimental approach to revegetating
the restoration area. The goal of this strategy is to develop a scrub-shrub pocosin as
quickly as possible while obtaining some comparative data on different planting
approaches.
The restoration area will be divided into three sections roughly equivalent in size
(Fig. 1). The first area, which is east of the railroad bed, will be replanted with pond
pine seedlings and appropriate shrubs as described in the planting guidelines. The
second area, the southwestern section of the easement, will be seeded. The seeds
for this section will be gathered by NCDOT personnel from nearby pocosin areas, and
distributed over the restoration area. The third section of the easement will be allowed
to revegetate by natural succession. This section, the northwest corner, contains
windrows of appropriate shrubs, and borders the remnant pocosin area to the west. A
controlled burn will be conducted on the first two areas to prepare them for planting.
The guidelines for planting and monitoring these sections are attached as an
appendix. Sufficient shrubs are currently available to replant the roughly 67 acre
section as proposed in the guidelines.
3
Soils
The Department recognizes the importance of hydric soils and wetland hydrology
for the success of this project. The Department, also recognizes the limitations of
county soil surveys. Areas of hydriC soils will be mapped by the NCDOT mitigation
staff. The hydric soil criteria outlined in Hydric Soils of the United States (1991) will be
used in conjunction with the field indicators of hydric soils listed in the U.S. Army
Corps of Engineers 1987 Wetland Delineation Manual and the 1989 Interagency
Manual in delineating the hydric soil boundary within the project area. The restorable
portion of the property will consist of the areas of hydric soils.
Hydrologic Restoration
Hydrologic restoration efforts will be directed to restore the original pocosin water
levels as nearly as practical. Several methods were considered to achieve this goal
and flow control devices known as flashboard risers were chosen. These structures
will be installed at Sites 1 through 4 (Fig. 1). A schematic of a flashboard riser is
illustrated in Figure 2.
Pipe sections of the flashboard risers were sized to allow full existing normal flow in
the ditch. The riser section is designed to allow incremental adjustment from a "no
restriction" condition to a "fully dammed" condition. Timber inserts are added
incrementally from the bottom upward as desired, up to the top of the ditch.
Faashboard risers allow for a range in dam heights, and should enable control of
ground water levels to predictable elevations. The control structures, when fully
closed, are intended to control ground water levels to the approximate natural ground
elevations at Sites 1 through 4.
It should be noted that these elevations are maximums, with the control structures
fully closed; the optimum ground water level will be sought by field experimentation.
The optimum results may well occur with the control structures only partially closed.
Field calibrations will allow restoration of water levels to conditions present before the
natural drainage was altered.
The ground water level will be monitored by ten monitoring wells, and also by
observation of water levels in the ditches. Measurements from the groundwater
monitoring wells and staff gauges will verify how well the flashboard risers influence
and are able to restore ground water levels.' The location and number of monitoring
wells were determined by the USFWS and NCDOT geologists. The ditch level will be
monitored by use of several surveyed staff gauges. Top-of-well elevations will also be
surveyed so that any ground water flow regime can be established by appropriate well
measurements. Monitoring will be manual, and will be performed by NCDOT monthly
4
for the first year, and seasonally (four times per year) for the following four years. The
existing ground water level will be determined by several observations prior to any
ditch closure, in order to establish a baseline against which to measure changes.
(See Figure 1 for proposed well locations). 3
The wells have been installed by the NCDOT Geotechnical Unit at depths of 6 to 8
feet. Wells are capped, set in sand, and sealed in bentonite. Well pipe material is 2
inch diameter PVC pipe, consisting of a 5 foot lower screen section and a 5 foot plain
upper section. The Geotechnical Unit has prepared well logs by observation at
appropriate intervals, and has installed the wells so that none penetrate any
impervious layer.
Although it might be desirable, the hydrologic controls are not likely to affect- the
entire 346.20 acre USFWS Conservation Easement. The portion of the Easement
which includes the most likely area for hydrologic restoration is labeled "Restoration
Area", and covers approximately 200 acres.
PROJECT TIMETABLE
Seeds have been collected during September and November, 1991 in preparation
for planting in the spring of 1992. In December of 1991, NCDOT will delineate the
extent of hydric soils in the restoration area. Shortly afterwards, NCDOT intends to
apply for the 404 and USFWS Special Use Permits, if required, so that the hydrologic
restoration plan can be implemented this winter. Concurrently, contracts will be
developed for the revegetation plan, which should be implemented next spring.
After the hydrologic structures have begun to operate, NCDOT will consult with the
US Fish & Wildlife Service to agree on the effective restoration area that will generate
credits. It is expected that restoration of hydrology will be a prime factor in this
determination.
5
APPENDIX 1.
Planting and Monitoring Guidelines for Planting Area, Pridgen Flats Mitigation Bank,
Sampson County, North Carolina. a
1. Monitoring Time Frame - Mitigation site shall be inspected at the following times:
A. Prior to planting
B. At completion of planting
C. Three (3) and five (5) years following completion (or after 3rd and 5th
growing seasons)
II. Data to be Obtained at Specific Inspection Times
A. Prior to planting
1. Check for proper plant species and acceptable plant quality.
10 per acre Gordonia lasianthus, #1 container
10 per acre Ilex glabra, #1 container
20 per acre Myrica cerifera, #1 container
10 per acre Persea borbonia, #1 container
30 per acre Pinus serotina, 1 yr. seedling,
Note: Plant species are contingent on availability at the time of planting. If
sufficient quantities are not available, half of the plants may be planted one
year and half the next.
2. Check for proper planting methods
3. Check for proper plant spacing (17.5' O.C. for container plants, 48'
O.C. for seedlings)
B. At completion of planting check for conformity with plans as well as quality
of planting.
6
C. Three (3) and five (5) years following completion (or after 3rd and 5th full
growing season)
1. Estimate survival rate (optional • collect data if it can be determined)
2. Measure height of plants
3. Take Photographs (aerial and ground)
4. Estimate percent population
a. Planted species
b. Overall (including natural succession)
Ill. Evaluation and Recourse Action
A. Acceptable survival rate
1. Planted area: 80% for container plants and 50% for seedlings,
including planted and natural: succession of desirable species.
2. Seeded and natural succession areas: stem density equal to that
planted in the planted area.
B. Three (3) and five (5) year data evaluation
1. Below acceptable survival rate (recourse options)
a. Replant (supplemental or complete)
b. Reevaluate feasibility
2. Acceptable survival rate - no action
7
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