20090866 Ver 3_Mitigation Bank Proposal_20090526

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Deer Water Farm Site
Wayne County, NC
Wildlands' Neuse River Riparian Buffer
& Nutrient Umbrella Mitigation Bank
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HUC 03020202
DRAFT Prospectus
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MAY `G ti 2009
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May 2009
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WILDLANDS
Prepared by:
Wildlands, Inc.
5605 Chapel Hill Rd, Suite 122
Raleigh, NC 27607
Phone: [phone]
Fax: [phone]
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Deer Water Farm Site
Wildlands' Neuse River Riparian Buffer & Nutrient
Umbrella Mitigation Bank
HUC 03020202
DRAFT Prospectus
TABLE OF CONTENTS
1.0 Site Introduction and Goals ................................................................................ 1
1.1 Introduction ....................................................................................................... 1
1.2 Site Location ...................................................................................................... 1
1.3 Site Goals ........................................................................................................... 2 •
1.4 Bank Sponsor .................................................................................................... 2
2.0 Establishment and Operation of Mitigation Bank ............................................ 2
2.1 Bank Credits ...................................................................................................... 3
2.2 Proposed Service Area ..................................................................................... 3
2.3 Qualifications of Bank Sponsor ....................................................................... 3
3.0 Ecological Suitability of the Site ......................................................................... 4
3.1 Existing Site Conditions ................................................................................... 4
3.1.1 Site Soils ..................................................................................................... 4
3.1.2 Existing Site Vegetation ...........................................................................4
3.1.3 Threatened and Endangered Species ....................................................4
3.1.4 Site Cultural Resources ............................................................................ 5
.3.2 Technical Feasibility of the Site ...................................................................... 5
4.0 Site Maintenance and Long-term Sustainability ............................................... 5
4.1 Site Maintenance .............................................................................................. 5
4.2 Long Term Management Provisions for the Site .......................................... 6
FIGURES
Figure 1 Service Area
Figure 2 Vicinity Map •
Figure 3 Site Map
Figure 4 Soils Map
APPENDIX
Correspondence with NC Natural Heritage Program
Correspondence with NC Cultural Resources Department
Site Photo log
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Deer Water Farm Site
Wildlands' Neuse River Riparian Buffer & Nutrient Umbrella Mitigation Bank
HUC 03020202
DRAFT Prospectus
The Deer Water Farm Site ("Site") is proposed as part of the Wildlands' Neuse River Riparian
Buffer and Nutrient Umbrella Mitigation Bank - HUC 03020202 ("Bank"). The site shall be
planned and designed encompassing land along tributaries to the Neuse River in Wayne County,
NC.
The purpose of the Bank is to provide Buffer and Nutrient Mitigation Credits to compensate for
• impacts to riparian buffers and development requiring nutrient offset payments within the service
area, Hydrologic Unit 03020202, as depicted in Figure 1.
1.0 Site Introduction and Goals
1.1 introduction
The Site involves the restoration of riparian and agricultural ditch buffers ("buffers") in order to
help reduce non-point source discharge of contaminants into stream and agricultural ditch
channels ("channels") within the Neuse River Basin. Approximately 21 acres of land on the
project site will be protected with a permanent conservation easement or restrictive covenant.
Out of the 21 acres, 20 acres will be restored for nutrient offset mitigation credit. The remaining
acre within the project area will be restored and protected under the conservation easement or
restrictive covenant, but no credits are being requested for that area due to the one acre area
being farther than 200 feet from top of the channel bank. In general, buffer widths will extend at
least 200 feet from the top of the stream bank.
1.2 Site Location
The proposed Deer Water Nutrient Site is located in Wayne County, NC approximately 6 miles
southeast of the City of Goldsboro and approximately 5 miles from the Lenoir County border
(Figure 2). To get to the site, traveling east on Highway 70 from the city of Goldsboro, turn right
on NC Highway 111 South. Continue south approximately seven miles. Turn right onto
Broadhurst Road (NCSR 1913). Turn right onto farm path after 0.5 miles. The site is
• approximately 0.5 miles east of Broadhurst Road.
The proposed site is located in a rural watershed within the Neuse River Basin (HUC 03020202)
and within sub-basin 03-04-05. The site drains to the Neuse River which is classified as Nutrient
Sensitive Waters by the North Carolina Division of Water Quality (NCDWQ). The project site
consists entirely of open agricultural fields with no existing buffers. The area is currently farmed
for wheat with soybeans to be planted later in the year. In recent years, corn has also been
planted on the site. The project area includes the buffering of three open field ditches that drain
directly to the Neuse River, as shown in Figure 3.
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1.3 Site Goals
The proposed nutrient offset mitigation project described above will provide numerous
ecological benefits within the Neuse River Basin. While some of these benefits are limited to the
project area, others, such as pollutant removal and improved aquatic and terrestrial habitat have
more far-reaching effects. The primary goal of the riparian buffer project will be to restore
nitrogen removal capacity of those areas adjacent to surface waters. Other expected
improvements to water quality and ecological processes from the project are outlined below in
Table 1 as project goals.
Table 1. Site Goals and Methods of Achievement
Nutrient removal from Runoff will be filtered through buffer zones. Flood flows will be
creek flow filtered through restored floodplain areas, where flood flow will
spread through native vegetation. Vegetation uptakes excess
nutrients.
Sediment removal from Storm flow containing grit and fine sediment will be filtered through
creeks restored floodplain areas, where flow will spread through native
vegetation. The spreading flood flows will reduce velocity, allowing
sediment to settle out. Sediments will be filtered from overland flow
b the restored buffers before entering channels on the site
Restoration of Adjacent buffer and riparian habitats will be restored with native
terrestrial habitat vegetation as part of the project. Native vegetation will provide
cover and food for terrestrial creatures.
Improved aesthetics Native plant species will be planted, invasive species will be treated.
1.4 Bank Sponsor
The Deer Water Farm Site is proposed as part of the Wildlands' Neuse River Basin Riparian
Buffer and Nutrient Umbrella Mitigation Bank - HUC 03020202 sponsored by Wildlands, Inc.
("Sponsor"). Contact information for this Bank is provided below.
Wildlands, Inc.
5605 Chapel Hill Road, Suite 122
Raleigh, NC 27607
Phone: [phone]
Fax: [phone]
Attn: John Hutton
Email: [e-mail]
2.0 Establishment and Operation of Mitigation Bank
Wildlands currently holds an option to purchase the mitigation use rights to the property. Upon
completion of the review process for the site prospectus, the Sponsor will submit a detailed
mitigation plan and umbrella banking instrument. The instrument will provide detailed
information regarding bank operation. Once the final mitigation plan is approved and the
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HUC 03020202 - Draft Prospectus 0
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accompanying instrument executed by the NC Division of Water Quality (NCDWQ), the
Sponsor will record a conservation easement or restrictive covenant on the site.
2.1 Bank Credits
Use of credits from the Bank to offset buffer impacts and development requiring nutrient offset
payments authorized by state certifications must be in compliance with 15A NCAC 2B .0234
(Wastewater Discharge Requirements), 2B .0235 (Basinwide Stormwater Requirements), 2B
.0240 (Nutrient Offset Payments), 2B .0242 (Mitigation program for protection and maintenance
of existing riparian buffers) under such authority as established in SL 2007-438. All activities
will be consistent with rules adopted by the Environmental Management Commission and all
other applicable authorities. Prior to the release of credits, the following requirements will be
met:
. NCDWQ approval of the final mitigation plan and execution of the banking instrument,
• recordation of the conservation easement or restrictive covenant, and
• establishment of appropriate financial assurances.
2.2 Proposed Service Area
The Bank is being established to provide mitigation credit to compensate for impacts to riparian
buffers and development requiring nutrient offset payments within the service area depicted in
Figure 1. This service area consists of Hydrologic Unit 03020202, including portions of the
Cities of Goldsboro, Greenville, Kinston, and New Bern and the Counties of Beaufort, Craven,
Greene, Jones, Lenoir, Pitt, and Wayne. A specific geographic limit of applicability in no way
compromises any state agency's ability to accept or reject the use of a bank site for any given
buffer impact.
2.3 Qualifications of Bank Sponsor
The Wildlands Team (Wildlands) is comprised of a multidisciplinary group of professionals that
bring together all necessary expertise to create outstanding restoration projects in a timely and
cost effective manner. Wildlands Engineering, Inc., the lead engineering and design firm, is a
wholly owned subsidiary of Wildlands, Inc. Established in 1991, Wildlands, Inc. is a nationwide
mitigation banking and ecosystem restoration firm. Today, with North Carolina offices in
Charlotte and Raleigh, and 23 employees dedicated to environmental restoration, Wildlands has
positioned itself as a leader in ecosystem restoration in the Southeastern United States.
To execute wetland, stream and buffer mitigation projects, Wildlands assembles a team of
project-specific subcontractors to perform surveying, archaeological investigations, and
construction services. Each of these subcontractors has substantial experience in wetland,
stream, and buffer restoration in North Carolina and a substantial full-time professional staff
presence in North Carolina. Wildlands staff members have worked with all of these sub-
contractors on numerous occasions. Wildlands believes that early coordination and frequent
communication with sub-contractors ensures that everyone understands their role in the project
and can complete tasks in a timely and efficient manner.
Deer Water Farm Page 3
HUC 03020202 - Draft Prospectus
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3.0 Ecological Suitability of the Site
3.1 Existing Site Conditions
3.1.1 Site Soils
The soils in the proposed project area are mapped by the Wayne County Soil Survey. There are
two main soil types on the site: Lumbee sandy loam and Torhunta loam. These soils are
described below in Table 2. A soils map is provided in Figure 4.
Table 2. Project Soil Types and Descriptions
Soil Name Location Description
Lumbee sandy Found in the majority of These soils are nearly level, very deep, and poorly drained.
loam the western half of the They are found on stream terraces and uplands. They have a
bank boundary loamy surface layer and subsoil. They are rarely subject to
flooding.
Torhunta loam Found in the majority of These soils are nearly level, very deep and poorly drained. They
the eastern half of the are found on smooth flats and in depressions in uplands and
bank boundary. terraces.
Notes:
Source: Wayne County Soil Survey, USDA-NRCS, http://soildatamart.nres.usda.gov
3.1.2 Existing Site Vegetation
The project area consists entirely of open agricultural fields with no existing buffer. Existing
stream and ditch banks are mowed on an annual basis. The area is currently farmed for wheat
with soybeans to be planted later in the year. In recent years, corn has also been planted on the
site.
3.1.3 Threatened and Endangered Species
The US Fish and Wildlife Service (USFWS) and NC Natural Heritage Program (NHP) databases
were searched for federally listed threatened and endangered plant and animal species for Wayne
County, NC. Two federally listed species, the bald eagle (Haliaeetus leucocephalus) and the
red-cockaded woodpecker (Picoides borealis), are currently listed in Wayne County (Table 3).
Tabl
Bald eagle BGPA I Near large open water bodies: lakes,
t NnlinePtns leurnrenholus, marshes, seacoasts, and rivers
Red-cockaded woodpecker E Open stands of mature pines
(Picoides borealis)
E = Endangered; T=Threatened; NS=No State Status; BGPA=Bald & Golden Eagle
Protection Act
e 3. Listed Threatened and Endangered Species in Wayne County, NC
Species Federal Status Habitat
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HUC 03020202 - Draft Prospectus 0
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Bald eagle
Bald eagles typically live near large bodies of open water with suitable fish habitat including:
lakes, marshes, seacoasts, and rivers. This species generally requires tall, mature tree species for
nesting and roosting. Bald eagles were de-listed from the Endangered Species List in June,
2007; however this species remains under the protection of the Bald and Golden Eagle Protection
Act (BGPA). This species is known to occur in every U.S. state except Hawaii.
Red-cockaded woodpecker
The red-cockaded woodpecker is typically found in large open stands of pines with trees over 60
years in age. The foraging habitat for this species may include pine hardwood stands of longleaf
and southern pine, over 30 years in age. Known populations of the red-cockaded woodpecker
have been observed within Wayne County over the past 20 years.
A pedestrian survey of the site was performed on February 26, 2009. No individual species or
their habitat was found to exist on the site. Furthermore, there is no known recent occurrence of
any of the two listed species within 1.5 miles of the project site. Correspondence with the
Natural Heritage Program regarding the site is included in the appendix.
3.1.4 Site Cultural Resources
The NC Department of Cultural Resources determined that the project would not have an effect
on any structures or properties eligible or listed on the National Register of Historic Places. All
correspondence with the NC Department of Cultural Resources is included in the appendix.
3.2 Technical Feasibility of the Site
Based on the results of the preliminary investigations it was determined that the subject site has
buffer restoration potential that could potentially be considered for development of a viable
commercial mitigation bank. Actions required to develop the subject site into a mitigation bank
would require altering current land use practices to sustain stable long-term environment.
Buffer restoration would involve removing invasive vegetation from the restoration area and
replanting appropriate native tree and shrub species along the buffer corridor. Herbaceous
riparian vegetation will also be planted but will generally re-establish naturally. Intensive
vegetation management and a rigorous herbicide schedule will need to be implemented over the
first few years of tree establishment in the riparian buffer restoration areas to prevent
establishment of invasive species that will out-compete the planted native vegetation.
4.0 Site Maintenance and Long-term Sustainability
4.1 Site Maintenance
Adaptive measures will be developed or appropriate remedial actions will be implemented in the
event that the site or a specific component of the site fails to achieve the success criteria outlined
in the final umbrella banking instrument. The project-specific monitoring plan developed during
the design phase will identify an appropriate threshold for maintenance intervention based on the
monitored items. Any actions implemented will be designed to achieve the success criteria
which will be specified in the umbrella banking instrument, and will include a work schedule and
updated monitoring criteria.
Deer Water Farm Page 5
HUC 03020202 - Draft Prospectus
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4.2 Long Term Management Provisions for the Site
The Bank Sponsor will institute a Long Term Management Plan responsible for assessing the
condition of the mitigation site and implementing maintenance provisions to maintain
performance of the site. The proposed conservation easement or restrictive covenant will help to
ensure that only NCDWQ allowable activities take place. To monitor the project's continued
success, the Long Term Management Plan will be implemented following the five-year
monitoring period.
All components of the restoration project will be inspected annually or less frequently as needed
to ensure that the project remains stable in perpetuity. Sources of instability or other deficiencies
will be addressed. Invasive species will be managed annually or less frequently as needed to
ensure the long term survivability of the planned native vegetation community. All reporting
will be documented and kept on file for future reference.
Deer Water Farm Page 6
HUC 03020202 - Draft Prospectus 0
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FIGURES
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Service Area (HUC 03020202) Neuse River Riparian Buffer
& Nutrient Umbrella
WILDLANDS ° 4.5 9 Mitigation Bank
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Non Credit Area (1 acre)
Parcels o 125 250
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Figure 3. Site Map
Deer Water Farm
Wayne County, NC
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Dr- Dragston loamy sand

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KaB - Kalmia loamy sand, 2-6% slopes
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WaD - Wagram loamy sand, 10-15% slopes
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APPENDIX
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WILDLANDS
April 10, 2009
Ms. Misty Franklin
North Carolina Natural Heritage Program
North Carolina Department of the Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Subject: Request for Records Search
Maxwell Umbrella Nutrient Mitigation Bank
Princeton, North Carolina
Dear Ms. Franklin:
We are hereby contacting the North Carolina Natural Heritage Program regarding the
presence of any federally-listed, candidate endangered or threatened species, or critical
habitat within the referenced project area. The project is located off of Broadhurst Road
(SR 1913), approximately''/2 mile west of the Broadhurst Road - NC 111 intersection in
Seven Springs, NC (Figure 1). The attached USGS Vicinity Map and Site Map illustrate
the approximate location of the project area.
This project is located within a rural agricultural area with adjacent forested areas and
small residential lots. The purpose of this project is to construct an Umbrella Nutrient
Mitigation Bank. Construction of this project will result in the replanting and
establishment of native riparian buffer species. No impacts to on-site Jurisdictional
Waters of U.S. will occur as a result of this project.
Please provide a written response concerning the presence of federally-listed, or candidate
endangered or threatened species, or critical habitat within or near the project area. Thank
you for your attention to this matter.
Sincerely,
Matt L. Jenkins, PWS
Environmental Scientist
Attachments:
Figure 1. USGS Vicinity Map
Figure 2. Site Map
Wildlands Engineering, Inc. ? 1430 South Mint Street • Suite 104 • Charlotte, NC 28203
0
North Carolina Department of Environment and Natural Resources
Division of Natural Resources Planning and Conservation
Beverly Eaves Perdue, Governor Linda4PWrMalP, (Pector Dee Freeman Secretary
Mr. Matt L. Jenkins
Wildlands Engineering, Inc.
1430 South Mint Street, Suite 104
Charlotte, NC 28203
Subject: Maxwell Umbrella Nutrient Mitigation Bank; off Broadhurst Road (SR 1913), near Intersection
with NC 111; Wayne County
Dear Mr. Jenkins:
The Natural Heritage Program has no record of rare species, significant natural communities, significant
natural heritage areas, or conservation/managed areas at the site nor within a mile of the project area.
Although our maps do not show records of such natural heritage elements in the project area, it does not
necessarily mean that they are not present. It may simply mean that the area has not been surveyed. The
use of Natural Heritage Program data should not be substituted for actual field surveys, particularly if the
project area contains suitable habitat for rare species, significant natural communities, or priority natural
areas.
You may wish to check the Natural Heritage Program database website at www.nenhp.org for a listing of
rare plants and animals and significant natural communities in the county and on the quad map. Our
Program also has a new website that allows users to obtain information on element occurrences and
significant natural heritage areas within two miles of a given location:
<http://nhpweb.enr.state.nc.us/nhis/public/gniap75_main.phtml>. The user name is "public" and the
password is "heritage". You may want to click "Help" for more information.
NC OncMap now provides digital Natural Heritage data online for free. This service provides site
specific information on GIS layers with Natural Heritage Program rare species occurrences and
Significant Natural Heritage Areas. The NC OneMap website provides Element Occurrence (EO) ID
numbers (instead of species name), and the data user is then encouraged to contact the Natural Heritage
Program for detailed information. This service allows the user to quickly and efficiently get site specific
NHP data without visiting the NHP workroom or waiting for the Information Request to be answered by
NHP staff. For more information about data formats and access, visit <ww-w.nconemap.com>, then click
on "FTP Data Download", and then "nheo.zip" [to the right of "Natural Heritage Element Occurrences"]
You may also e-mail NC OneMap at <datag,0icmail. net> for more information.
Please do not hesitate to contact me at 919-715-8697 if you have questions or need further information.
Sincerely,
Harry E. LeGrand, Jr., Zoologist
Natural Heritage Program
1601 Mail Service Center, Raleigh, North Carolina 27699-1601 One
? oI-th Carol i l??l
Phone: [phone] FAX: [phone] Internet: www oneNCNaturally.org
An Equal Oppertun ty ',Affirmative Action Employer - 50°o Recycled \ 10% Fos' Consumer Paper t R ll?
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WI LDLANDS
April 10, 2009
Mr. Peter Sandbeck
Deputy State Historic Preservation Officer
North Carolina State Historic Preservation Office
4617 Mail Service Center
Raleigh, North Carolina 27699-4617
Subject: Request for Records Search
Maxwell Umbrella Nutrient Mitigation Bank
Princeton, North Carolina
Dear Mr. Sandbeck:
We are hereby contacting the North Carolina State Historic Preservation Office regarding
the presence of any historic properties or cultural resources within the referenced project
area. The project is located off of Broadhurst Road (SR 1913), approximately'/2 mile
west of the Broadhurst Road - NC 111 intersection in Seven Springs, NC (Figure 1). The
attached USGS Vicinity Map and Site Map illustrate the approximate location of the
project area.
This project is located within a rural agricultural area with adjacent forested areas and
small residential lots. The purpose of this project is to construct an Umbrella Nutrient
Mitigation Bank. Construction of this project will result in the replanting and
establishment of native riparian buffer species. No impacts to on-site Jurisdictional
Waters of U.S. will occur as a result of this project.
Please provide a written response concerning your determination regarding the presence of
any historic properties or cultural resources within the project area. Thank you for your
attention to this matter.
Sincerely,
Matt L. Jenkins, PWS
Environmental Scientist
Attachments:
Figure 1. USGS Vicinity Map
Figure 2. Site Map
Wildlands Engineering, Inc.* 1430 South Mint Street ? Suite 1o4 • Charlotte, NC 28203
•I
North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B. Sandbeck, Administrator
Beverly Eaves Perdue, Governor Office of Archive: and I listorv
Linda A. Carlisle, Secretary Division of 1 listorical Resources
leffrcyJ Crow, Deputy Secretary David Br(wk, Director
April 17, 2009
Matt Jenkins
Wildland Engineering, Inc.
1430 South Mint Street
Suite 104
Charlotte, NC 28203
Re: Maxwell umbrella Nutrient Mitigation Bank, Princeton, Johnston County, ER 09-0883
Dear Mr. Jenkins:
"T"hank you for your letter of April 10, 2009, concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
please contact Renee Gledhill-Farley, environmental review coordinator, at 919-807-6579. In all future
communication concerning this project, please cite the above-referenced tracking number.
Sincerely,
&Del-
Peter Sandbeck
Location: 109 Eut)ones Street, Raleigh NC 27001 Mailing Address: 4617 Mail Senicc Center, Raleigh NC 27699.4017 Telephone/Fax: p)19) Ro7-0570/807-6597
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