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HomeMy WebLinkAbout20190157 Ver 3_DWR Comments on BPDP_20200804ID#* 2a24afi53 Version* l Select Re�iewer:� 1C,3'i2 P�l�:rrill Initial Review Completed Date 0511912a2❑ Mitigation Project Submittal - 5J151202Q is this a Prospectus, Technical Proposal yr a New Site?" � Yes t" idv Type of Mitigation Project: r Stream � Wetlands rJ Buffer � Nutrient offset Select all that apply} Project Contact Information CompanylCwner:* Wildlands Engineering, Inc. Contact Name:* Email Address:* Andrea Eckardt aeckardt@wildlandseng.cam Project lnfarmation Project Type: [' QM5 r Mitigafion Sank Project Name: Perry Nill I] County: ❑range Document Information Mitigation Document Type:* Mitigativri Plans File Upload: PerryHill II Graft BPQP 5.15-2D2D-pdF fiD-35MB Reese upload arty one R7F of the complete file that needs to be submitted... Signature Print Name:' Andrea Eckardt Signature: 'A'!e!�'t.C7 Cam'!! f�� DEVELOPMENT PACKAGE May 2020 ..p�,'1 ��� L A •� Y :�:�LR...Y aG.. �!. � -.. PERRY HILL II Orange County, NC DWR Project Number 2d19-Q157v2 Neuse River Basin HIJC d3d2d2d1 PREPARED BY: w WILDL�INDS E rvfiiry EE41r+G Wildlands Engineering, Inc. 497 6ransom Court, Suite 104 Mount Pleasant, 5C 29464 Phone:{843}277-62Z1 Bank Parcel Development Package Perry Hill II Neuse River Basin TABLE OF CONTENTS 1.0 Introduction 1.1 Parcel Location and Description 2.0 Mitigation Project Summary 2.1 Project Goals 2.2 Existing Parcel Conditions 2.3 Site Viability for Buffer Mitigation and Nutrient Offset Mitigation 2.4 Alternative Mitigation 2.5 Watershed Characterization 2.6 Soils 2.6 Geology 2.7 Existing Vegetative Communities 2.8 Threatened and Endangered Species 2.9 Cultural Resources and Significant Natural Heritage Areas 2.10 FEMA Floodplain Compliance 2.10 Site Location, Constraints, and Access 2.11 Other Environmental Conditions 3.0 Site Protection Instrument 4.0 Mitigation Work Plan 4.1 Parcel Preparation 4.2 Riparian Area Restoration Activities 4.3 Riparian Area Enhancement via Cattle Exclusion Activities 4.4 Riparian Area Preservation Activities 5.0 Monitoring and Maintenance Plan 5.1 Monitoring Protocol 5.2 Parcel Maintenance 6.0 Financial Assurance and Long -Term Management 6.1 Financial Assurances 6.2 Long -Term Management 7.0 Mitigation Potential 8.0 References 3 3 4 4 4 5 6 6 7 8 8 8 9 9 9 9 9 10 10 10 10 11 11 11 11 12 12 12 12 15 WPerry Hill II Bank Parcel Development Package HUC 03020201 Page 1 May 2020 TABLES Table 1 Ecological and Water Quality Goals Table 2 Buffer Project Attributes Table 3 Project Features Table 4 Drainage Areas and Associated Land Use Table 5 Project Soil Types and Descriptions Table 6 Site Protection Instrument Table 7 Perry Hill II Mitigation Credits Table 8 Perry Hill II Total Area of Buffer and Nutrient Offset Mitigation Table 9 Credit Release Schedule FIGURES Figure 1 Vicinity Map Figure 2 Service Area Map Figure 3 Site Map Figure 4 USGS Topographic Map Figure 5 Watershed Map Figure 6 NRCS 1977 Soils Map Figure 7 Credit Calculations Map Figure 8 Riparian Buffer Zones Map Figure 9 Monitoring Map APPENDICES Appendix A Current Land Use Photographs Appendix B Historical Aerials Appendix C Agency Correspondence: DWR Site Viability for Buffer Mitigation and Nutrient Offset Letter DWR Stream Determination Letter USFWSSetf-Certification Letter SHPO Request for Review and Response Appendix D EDR Radius Map Report, Executive Summary WPerry Hill II Bank Parcel Development Package HUC 03020201 Page 2 May 2020 Bank Parcel Development Package Perry Hill II Neuse River Basin 1.0 Introduction The Perry Hill II Mitigation Bank Parcel ("Parcel") is proposed under the terms and conditions of the Perry Hill II Nutrient Offset and Buffer Mitigation Banking Instrument ("MBI"), made and entered into by Wildlands Holdings V, LLC acting as Bank Sponsor ("Sponsor") and the North Carolina Department of Environmental Quality ("NCDEQ") Division of Water Resources ("NCDWR"). The Parcel shall be planned and designed according to the MBI, 15A NCAC 026 .0240 and the Consolidated Buffer Mitigation Rule 15A NCAC 026 .0295 which became effective November 1, 2015. The Parcel is in Orange County approximately three miles northwest of Hillsborough, NC, immediately adjacent to the proposed North Carolina Division of Mitigation Services ("NCDMS") Perry Hill Mitigation Site, NCDWR Project Number 2019-0157 ("NCDMS Site") (Figure 1). The Parcel expands the NCDMS Site's protected riparian area from 100 feet in the NCDMS Site to 100-200 feet on along Perry Branch, three unnamed tributaries and two ephemeral channels. The primary purpose of the project is to provide riparian buffer mitigation credits and nutrient offset credits to compensate for unavoidable impacts in the Neuse River Basin 03020201 Hydrologic Unit Code ("HUC")within the Falls Lake Watershed (Figure 2). 1.1 Parcel Location and Description The Parcel is located within the Falls Lake Watershed of the Neuse River Basin HUC 03020201030020 and North Carolina Division of Water Resources (DWR) Subbasin 03-04-01 in Orange County. To reach the site, traveling west on 140/85 from Raleigh/Durham, follow 140/85 to exit 161 for US-70 Connector North. Take a right at the bottom of the ramp and continue onto US-70 East (1.0 mile) via US-70 Connector North. Continue on US-70E (1.9 miles) before taking a left onto Faucette Mill Rd. Continue (1.9 miles) and take a sight right onto Frank Perry Road. The Parcel will be on right (0.5 miles). Perry Branch and the three unnamed tributaries on the Parcel flow directly to Corporation Lake, a water supply reservoir on the Eno River. The Eno River is classified as water supply waters (WS-II) and nutrient sensitive waters (NSW). The Eno River subsequently flows to Falls Lake, which is also classified as water supply waters (WS-IV) and NSW. All water supply waters are considered high quality waters (HQW) by supplemental classification. In addition, all waters in the Neuse River Basin are classified as NSW which is a supplemental classification intended for waters needing additional nutrient management due to being subject to excessive growth of microscopic or macroscopic vegetation. The proposed project supports specific goals identified in the following watershed management plans. The 2009 Neuse River Basinwide Water Quality Plan lists major stressors in Subbasin 03-04-01 to be total suspended solids (T55), nutrients, and chlorophyll a (NCDENR, 2009). The 2010 Neuse River Basin Restoration Priorities (RBRP) highlights the importance of riparian buffers for stream restoration projects (NCEEP, 2010). Riparian buffers retain and remove nutrients and suspended sediments. Of the 123 miles of streams in the Middle Eno River watershed (03020201030030), 23% do not have adequate riparian buffers. The RBRP states that "priority [restoration] projects should increase or improve buffers." The RBRP also states that a goal for the Neuse 01 is to, "...promote nutrient and sediment reduction in agricultural areas by restoring and preserving wetlands, streams, and riparian buffers." Another goal for the Neuse 01 is to support the Falls Lake Watershed Management Plan. WPerry Hill II Bank Parcel Development Package HUC 03020201 Page 3 May 2020 This riparian mitigation project will reduce sediment and nutrient loading and improve terrestrial habitat. The area proposed for restoration and enhancement via cattle exclusion is currently a mixture of active livestock pasture with isolated forested areas. Existing conditions photos are included in Appendix A. By removing livestock access and restoring the vegetation on the areas up to 200 feet from the streams and ephemeral channels; the project will reduce nutrient and sediment inputs to project streams and downstream receiving waters. The restored floodplain areas will filter nutrient and sediment during high rainfall events. Additionally, invasive vegetation will be treated within the project area and the new native vegetation will provide cover and food for wildlife. 2.0 Mitigation Project Summary 2.1 Project Goals The major goals of the proposed buffer and nutrient mitigation project are to provide ecological and water quality enhancements to the Falls Lake Watershed in the Neuse River Basin by creating a functional riparian corridor and restoring the buffers. Specific enhancements to water quality and ecological processes are outlined below in Table 1. Table 1: Ecological and Water Quality Goals Goal Objective Exclude livestock from the Parcel Exclude livestock from the conservation easement areas by installing fencing around the Parcel. Nutrient input will be decreased by removing livestock access. The off -site nutrient input from adjacent livestock Decrease nutrient levels fields and row crops will also be absorbed on -site by filtering downslope runoff through the restored upland and floodplain vegetation areas. Sediment from upslope sources will be captured by Decrease sediment input deposition on the restored buffer areas where native vegetation will slow overland flow velocities. Create appropriate terrestrial habitat Buffer areas will be restored by planting native vegetation and removing invasive vegetation. Permanently protect the Parcel from harmful uses A conservation easement will be recorded on the Parcel. 2.2 Existing Parcel Conditions The Parcel is approximately 14.57 acres and primarily consists of active livestock pasture along Perry Branch, three unnamed tributaries (UT1, UT2, and UT3), and two ephemeral channels (EC1 and EC3). Currently livestock have access to all project streams and ephemeral channels but the first 100 feet from top of bank will be restored or enhanced via cattle exclusion as part of the NCDMS Site. The Parcel expands beyond that boundary increasing buffer widths up to 200 feet. In general, this area has maintained its rural, farming character over the last 81 years with only minor changes in land cover. Historical aerials of the Parcel area included in Appendix B. This consistency in land use within the project watershed indicates that watershed processes affecting hydrology, sediment supply, and nutrient and pollutant delivery have not varied widely over this time period. With a lack of developmental pressure, watershed processes and stressors from outside the project limits are likely to remain consistent throughout the implementation, monitoring, and closeout of this project. WPerry Hill II Bank Parcel Development Package HUC 03020201 Page 4 May 2020 Per the On -Site Stream Evaluation and Determination issued by NCDWR on April 16, 2019 (see the Appendix C), the Parcel contains one perennial stream Perry Branch; three intermittent streams UT1, UT2, and UT3; and two ephemeral channels EC1 and EC3. Perry Branch is a headwater system that originates onsite immediately down valley from a riparian non-riverine wetland and flows southwest. UT1, UT2, and UT3 are all intermittent streams that flow southeast to Perry Branch. The ephemeral channels, EC1 and EC3, flow southeast as well until they become intermittent streams at the start of UT1 and UT3, respectively. All the streams and channels included in this project originate onsite (Figure 3). Table 2: Buffer Project Attributes Project Name Perry Hill II Hydrologic Unit Code 03020201020020 River Basin Neuse Geographic Location (Lat, Long) 36° 06' 25.81" N 79' 07' 46.66" W Site Protection Instrument (DB, PG) To be recorded Total Credits 4,371.663 buffer mitigation credits; 31,620.272 Ibs Nitrogen and 2,036.590 Ibs Phosphorus Types of Credits Buffer and Nutrient Offset Credits Bank Parcel Development Package Date May 2020 Initial Planting Date February 2021 Baseline Report Date March 2021 MY1 Report Date December 2021 MY2 Report Date December 2022 MY3 Report Date December 2023 MY4 Report Date December 2024 MYS Report Date December 2025 2.3 Site Viability for Buffer Mitigation and Nutrient Offset Mitigation NCDWR performed an onsite visit to determine viability for buffer and nutrient offset mitigation on February 25, 2019 (letter dated April 16, 2019) for the project. Four of the six features assessed were deemed viable by NCDWR to generate buffer mitigation. EC1 and EC3 required more information under 15NCAC 02B .0295(o)(7) to be viable. The additional information to support buffer mitigation credit viability on the two ephemeral channels is included in Section 2.4. There have not been any changes to the land use in the project area since the February 25th DWR site visit. Construction on the NCDMS Site has not started. A copy of the "Site Viability for Buffer Mitigation & Nutrient Offset" letter from DWR is included in Appendix C and summarized in Table 3. Table 3: Project Features Feature Name (DWR Evaluation) Feature Type Buffer Credit Viable Nutrient Offset Credit Viable Perry Branch Perennial Yes Yes (non forested areas only) UT1 Intermittent Yes Yes UT2 Intermittent Yes Yes (non forested areas only) UT3 Intermittent Yes No EC1 Ephemeral Yes (See Section 2.4) Yes EC3 Ephemeral Yes (See Section 2.4) Yes W_ Perry Hill II Bank Parcel Development Package HUC 03020201 Page 5 May 2020 2.4 Alternative Mitigation In addition to buffer restoration on subject streams, per the Consolidated Buffer Mitigation Rules (15A NCAC 02B 0.0295 (o), alternative mitigation is proposed on the Parcel in the form of buffer restoration on ephemeral channels and enhancement via cattle exclusion. The proposed project complies in the following ways: Restoration on Ephemeral Channels 15A NCAC 026 .0295 (o)(7): • The ephemeral channel is directly connected to intermittent or perennial stream channels and will be protected under the same contiguous easement boundary (See Figure 3 for Parcel easement boundary and NCDMS easement boundary). • The area of the mitigation site on ephemeral channels does not compromise more than 25 percent of the total area of buffer mitigation (See Table 7 for credit calculations). • The mitigation area on the Parcel's ephemeral channels is located completely within its drainage area (See Figure 5 for watershed boundaries). Enhancement via Cattle Exclusion 15A NCAC 026 .0295 (o)(6) • Livestock is permanently excluded from riparian area (See Figure 7 for proposed fence boundary). • Grazing must be the predominant land use since the effective date of the applicable buffer rule (See Appendix B for historical aerials documenting land use) 2.5 Watershed Characterization The Parcel is located within the Targeted Local Watershed 03020201030020 and DWR Subbasin 03-04-01. The Parcel contains tributaries which flow directly to Corporation Lake, a water supply reservoir on the Eno River, then on to Falls Lake. The Eno River is classified as water supply waters (WS-II) and nutrient sensitive waters (NSW) and Falls Lake is classified as water supply water (WS-IV) and NSW. All water supply waters are considered high quality waters (HQW) by supplemental classification. In addition, all waters in the Neuse River Basin are classified as NSW which is a supplemental classification intended for waters needing additional nutrient management due to being subject to excessive growth of microscopic or macroscopic vegetation. The Parcel topography and relief are typical for this region, as illustrated on the Hillsborough and Efland, NC USGS 7.5-minute topographic quadrangles (Figure 4). The majority of the streams at the Parcel have gently sloped alluvial valleys that vary in width throughout the project area. UT1 and EC1 include a steeper, more confined valley than the other project reaches. Drainage areas for the project reaches (Figure 5) were delineated using Stream Stats and contour intervals derived from the North Carolina Floodplain Mapping Program's 2007 Light Detection and Ranging (LiDAR) data. Land uses draining to the project reaches are a mix of active pastures, fields, and woodlands. The watershed areas and current land use are summarized in Table 4. WPerry Hill II Bank Parcel Development Package HUC 03020201 Page 6 May 2020 Table 4: Drainage Areas and Associated Land Use Reach Name Buffer Area Watershed Area (acres) Land Use Perry Branch Perennial 175 68% managed herbaceous cover/pasture; 22% forested; 5% Shrub; 3%grassland/herbaceous; 2% residential area; <1% impervious UTl Intermittent 10 >99% managed herbaceous cover/pasture; <1% forested UT2 Intermittent 23 66% managed herbaceous cover/pasture; 34% forested UT3 Intermittent 20 70% managed herbaceous cover/pasture; 30% forested EC1 Ephemeral 7 >99% managed herbaceous cover/pasture; <1% forested EC3 Ephemeral 17 85% managed herbaceous cover/pasture; 15% forested 2.6 Soils The proposed project is mapped by the Orange County Soil Survey. Project area soils are described below in Table 5. Most of the stream reaches are on Georgeville silt loam soils, with Enon loam, Iredell gravelly loam, and Lignum silt within the upper reaches. Enon loam underlies UT2; Iredell gravelly loam underlies UT3; and Iredell gravelly loam and Lignum silt underlies the headwaters of Perry Branch. Perry Branch, UT1. UT2, UT3, EC1, and EC3 are all depicted on the 1977 NRCS Soil Survey provided in Figure 6. Table 5: Project Soil Types and Descriptions Soil Name Description Enon loam This series consists of well -drained soil with a slope of 2 to 6 percent located on broad ridges in (EnB) the uplands. Typically, the surface layer is loam about 5 inches thick. The subsoil extends to a depth of 25 inches. Enon loam This series consists of well -drained soil with a slope of 6 to 12 percent located side slopes (EnC) adjacent to ridges on the uplands. Typically, the surface layer is loam about 5 inches thick. The subsoil extends to a depth of 25 inches. Georgeville This series consists of well -drained soil with a slope of 6 to 10 percent located on narrow side silt loam (GeQ slopes in the uplands. Typically, the surface layer is silt loam about 7 inches thick. The extends to a depth of 65 inches. Herndon silt This series consists of well -drained soils on broad ridges on the uplands. The slopes range from loam (HrB) 2 to 6 percent. The surface layer is silt loam about 4 inches thick. The subsoil is about 49 inches thick. Iredell These soils are moderately well drained soils on broad ridges on the uplands with slopes of 1 to gravelly loam 4 percent. The surface layer of the series is gravelly loam about 5 inches thick. The subsurface (IrB) layer is gravelly loam 3 inches thick. The subsoil is about 21 inches thick. Lignum silt This series consists of moderately well -drained soil on uplands with a slope of 0 to 3 percent. (Lg) The surface layer is silt loam about 1 inch thick. The subsurface layer is silt loam about 5 inches thick. The subsoil is about 30 inches thick. WPerry Hill II Bank Parcel Development Package HUC 03020201 Page 7 May 2020 Table 5: Project Soil Types and Descriptions Soil Name Description Tarrus silt This series consists of well -drained soil on hillslopes of ridges with slopes of 8 to 15 percent. The loam (TaD) surface layer is silt loam about 6 inches thick. The subsurface layer is silty clay about 14 inches thick. The subsoil is about 24 inches thick. Source: Orange County Soil Survey, USDA-NRCS, https:llwww.nres.usda.govIInternetIFSE MANUSCRIPTSInorth_carolinalorangeNC1977ltextpdf 2.6 Geology The Parcel is in a portion of the Piedmont known as the Carolina Slate Belt (NCGS, 1985). The rocks in this region are primarily volcanic and sedimentary rocks that underwent low-grade metamorphism giving them a slaty cleavage. Coarse -grained intrusive granites comprise the rest of the Slate Belt rocks (Rogers, 2006). The geology of this area has important effects on the Parcel hydrology, hydraulics, geomorphology, and sediment transport. Streams in the Carolina Slate Belt tend to go dry during late summer and early fall as a result of geologic, topographic, and climatic factors. A study by Giese and Mason states that the "Carolina slate belt has among the lowest potential for sustaining baseflow in streams" throughout the year as compared to other regions of North Carolina. Median low flows in the Carolina Slate Belt, defined by the study as the 7Q10 (7-day consecutive low flow with a 10-year return frequency, or the lowest stream flow for seven consecutive days that would be expected to occur once in ten years), can be as low as 0.005 ft3/s/mi2 of drainage area (Giese and Mason, 1993). 2.7 Existing Vegetative Communities The existing vegetation within the Parcel consist of actively grazed fields dominated by pasture grasses such as fescue (Festuca spp.) and isolated scattered trees. 2.8 Threatened and Endangered Species The NC Natural Heritage Program (NHP) database and the US Fish and Wildlife Service (USFWS) database were searched for federally listed threatened and endangered plant and animal species in Orange County, NC. The Orange County listed endangered species includes the dwarf wedgemussel (Alasmidonta heterodon), Michaux's sumac (Rhus michauxii), and smooth coneflower (Echinacea laevigata), all of which are endangered, and the Atlantic pigtoe (Fusconaia masoni), which is listed as proposed threatened. A pedestrian survey conducted on August 14, 2018, indicated that the Parcel did not provide suitable habitat for the dwarf wedgemussel. The pedestrian survey did indicate that the Parcel provides suitable habitat for the Atlantic pigtoe, smooth coneflower, and Michaux's sumac but no species were identified on the Parcel. Therefore, due to the absence of the listed species on the Parcel, the project has been determined by Wildlands to have "no effect" on the smooth coneflower and Michaux's sumac. Poor water quality has resulted from the active cattle farm and due to this and the absence of the Atlantic pigtoe on the Parcel, the project has been determined to "may affect, but not likely to adversely affect" the Atlantic pigtoe. The project will have "no effect" on the dwarf wedgemussel due to the absence of suitable habitat. Per the United States Fish and Wildlife Service (USFWS) Raleigh Field Office standard, Wildlands submitted a Self -Certification Letter. The Self -Certification Letter states the USFWS does "concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; additional coordination with this office is not needed. USFWS had no additional comment during the thirty -day review period. All documents and correspondence submitted to the USFWS are included in Appendix C. WPerry Hill II Bank Parcel Development Package HUC 03020201 Page 8 May 2020 2.9 Cultural Resources and Significant Natural Heritage Areas There are no existing structures in the project area. The Parcel is not located near any locations listed on the National Register with the State Historic Preservation Office (SHPO). SHPO was contacted in a letter dated February 18, 2019 and subsequently responded in a letter dated April 2, 2019 which stated there were no concerns or comments on the project site. Correspondence with SHPO is enclosed in Appendix C. 2.10 FEMA Floodplain Compliance Perry Branch and the unnamed tributaries are within Zone X, an area of minimal flood hazard. The Site location is included on the Orange County Flood Insurance Rate Map Panel 9865. The map's effective date is February 2, 2007. Portions of the Parcel are located in Zone X, no modeling or map revisions will be required. Wildlands will coordinate with Orange County to obtain a floodplain development permit, if necessary. 2.10 Site Location, Constraints, and Access The Parcel is in central Orange County approximately three miles northwest of Hillsborough, NC and is located within the Neuse River Basin HUC 03020201030020 and DWR Subbasin 03-04-01 (Figure 1). The Parcel is accessible via two existing farm roads from Frank Perry Road. An overhead transmission line is located at the downstream extent of Perry Branch. The proposed easement abuts the existing overhead utility easement. Three crossings are proposed to support on -going farming activities. No buffer credit is claimed within the proposed crossing location (Figure 7). There are no other known constraints on or adjacent to the Parcel. 2.11 Other Environmental Conditions An EDR Radius Map Report with Geocheck was ordered for the Parcel through Environmental Data Resources, Inc. on August 13, 2018. Neither the target property nor the adjacent properties were listed in any of the Federal, State, or Tribal environmental databases searched by EDR. In 1991 there was one leaking above ground storage tank documented 0.47 miles from the Parcel. The incident was reported and cleaned up by excavating the contaminated soil. Based on the location from the Parcel, it was determined that there is no evidence of any "recognized environmental conditions" in connection with the target property. The EDR report is included in Appendix D. 3.0 Site Protection Instrument The land required for buffer planting, management and stewardship of the mitigation project includes portions of the parcel listed in Table 6. The Parcel will remain in private ownership, protected in its entirety by an approved DWR long-term steward and will be managed under the terms detailed in an approved DWR conservation easement. Table 6: Site Protection Instrument Site Landowner PIN County Protection Deed Book and Acreage Page Number to be Protected Instrument Evelyn J. Perry, Judy Kadlac, Gene Kadlac, Mary C.P. 9865081397 Orange Conservation To Be Recorded 14.57 Bishop and Hubert Easement Bishop WPerry Hill II Bank Parcel Development Package HUC 03020201 Page 9 May 2020 4.0 Mitigation Work Plan The project will restore agriculturally impacted land along Perry Branch, UT1, UT2, UT3, EC1, and EC3 on the Parcel to a protected riparian corridor, improving the ecological function of the area. The project design will ensure that no adverse impacts to wetlands or existing riparian buffers occur. Figure 7 illustrates the conceptual design for the Parcel. Figure 8 further depicts the riparian buffer zones for the Parcel. Sections 4.1 through 4.4 provide more detailed descriptions of the proposed buffer mitigation activities. The Parcel is scheduled to be constructed concurrently with the NCDMS Site. 4.1 Parcel Preparation The land use within the Parcel has been maintained as cleared livestock pasture except for a few small forested areas. Vegetative restoration areas will require little site preparation due to the land being open pasture. Site preparation may include select herbicide treatments and/or limited mechanical clearing to remove undesirable vegetation. If needed, invasive species will be selectively removed and/or spot treated by a licensed pesticide applicator. 4.2 Riparian Area Restoration Activities Riparian restoration will involve planting appropriate native tree species along the riparian corridor. Vegetation management and herbicide applications may be needed over the first few years of tree establishment to prevent encroachment of undesirable species that may out -compete the planted native vegetation. The specific species composition to be planted is based on the desired community type, observation of occurrence of species in riparian buffers adjacent to the Parcel, and best professional judgement on species establishment and anticipated site conditions in the early years following project implementation. Tree species planted across the riparian areas of the Site will include a mixture of the following species: American sycamore (Platanus occidentalis), river birch (eetula nigra), black gum (Nyssa sylvatica), eastern cottonwood (Populus deltoids), black willow (Salix nigra), silky willow (Salix sericea), elderberry (Sambucus canadensis), buttonbush (Cephalanthus occidentalis), silky dogwood (Corpus amomum), overcup oak (Quercus lyrata), swamp chestnut oak (Quercus michauxii), southern red oak (Quercus falcata), northern red oak (Quercus rubra), white oak (Quercus alba), hop hornbeam (Ostrya virginiana), sourwood (Oxydendrum arboreum), tag alder (Alnus serrulata), winged elm (Ulmus alata), American elm (Ulmus americana), red maple (Acer rubrum), pawpaw (Asimina triloba), persimmon (Diospyros virginiana), possumhaw viburnum (Viburnum nudum), boxelder (Acer negundo), flowering dogwood (Corpus floridus), sugarberry (Celtis laegivata), American beech (Fagus grandifolia), ironwood (Carpinus caroliniana), sweetshrub (Calycanthus floridus), arrowwood viburnum (Viburnum dentatum), and painted buckeye (Aesculus sylvatica). Trees will be planted at a density sufficient to meet the performance standards outlined in the Rule 15A NCAC 02B .0295 of 260 planted trees per acre at the end of monitoring. No one tree species will be greater than 50% of the established stems. Planting is scheduled for February 2021. 4.3 Riparian Area Enhancement via Cattle Exclusion Activities Permanent boundary fencing will exclude livestock from the buffer enhancement areas as outlined in Rule 15A NCAC 02B .0295(o)(6). The enhancement via livestock exclusion area will be protected in perpetuity under a conservation easement. Planting within the enhancement areas will be limited to severely degraded forested areas that currently exhibit low woody vegetation (stem) densities. A seed mix will be applied where livestock have created bare soil and sufficient sunlight is available to support the species in the seed mix. Planting and fencing will happen in conjunction with the Perry Hill Full Delivery Mitigation Site. WPerry Hill II Bank Parcel Development Package HUC 03020201 Page 10 May 2020 4.4 Riparian Area Preservation Activities No buffer preservation activities are planned for the Parcel. 5.0 Monitoring and Maintenance Plan 5.1 Monitoring Protocol Permanent vegetation monitoring plots will be installed and evaluated within the Parcel to measure the survival of the planted trees. A total of 11 plots will be randomly placed throughout the planted areas (Figure 9). The size of individual quadrants will be 100 square meters. Vegetation assessments will be conducted following the Carolina Vegetation Survey (CVS) Level 2 Protocol for Recording Vegetation (2008). A reference photo will be taken from the southwestern corner of each of the plots. Photos will be taken from all photo points each monitoring year and provided in the annual reports. All planted stems will be marked with flagging tape and recorded. Visual assessments of the enhancement area will be performed on a semi-annual basis during the monitoring period. Problem areas with vegetative health will be noted (e.g. low stem density, vegetation mortality, invasive species or encroachment). Visual assessments will include documenting the condition of livestock exclusion fencing and that no livestock are accessing the conservation easement area. Planting is scheduled for February 2021. The first annual monitoring activities will commence at the end of the first growing season, at least five months after planting has been completed and no earlier than the fall season. Species composition, height, and survival rates will be evaluated on an annual basis by plot. The total number of volunteer woody stems will also be documented and reported. The measure of vegetative success for the Parcel will be the survival of at least four native hardwood tree species, where no one species is greater than 50% of the established planted stems, and an established density of at least 260 planted trees per acre at the end of monitoring year five. Appropriate and desirable native volunteer species may be included in the density to meet the performance standards with DWR approval. The Sponsor shall submit the annual monitoring report to DWR by December 31" of each year for five consecutive years and will follow the terms and conditions of the Perry Hill II Mitigation Banking Instrument (MBI). 5.2 Parcel Maintenance If the Parcel or a specific component of the Parcel fails to achieve the success criteria outlined in Section 5.1, adaptive measures will be developed and/or appropriate remedial actions will be implemented. Parcel maintenance will be performed to correct any identified problems on the Parcel that have a high likelihood of affecting project success. Such items include, but are not limited to, fire, flooding, drought, or insects that cause excess tree mortality. Any actions implemented will be designed to achieve the success criteria and will include a work schedule and updated monitoring criteria. Any Parcel maintenance performed will be included in the monitoring report for that year. A herbicide schedule may need to be implemented in the first few years of tree establishment in the restoration areas to prevent establishment of invasive species that may out -compete the planted native vegetation. Herbicides used on the Parcel will be applied in accordance with North Carolina Department of Agriculture rules and regulations. Easement boundaries will be identified in the field to ensure clear distinction between the Parcel and adjacent properties. Boundaries may be identified by fence, marker, post, tree -blazing, or other means as allowed by site conditions and/or conservation easement. Contact information for the conservation easement holder will be included on easement markers. Boundary markers that have been disturbed, WPerry Hill II Bank Parcel Development Package HUC 03020201 Page 11 May 2020 damaged, or destroyed will be repaired and/or replaced on an as needed basis. The easement boundary will be checked annually as part of monitoring activities. Easement boundary conditions as well as any maintenance performed will be reported in the annual monitoring reports to DWR. If mowing is deemed necessary by the Sponsor during the monitoring period, the Sponsor must receive approval from DWR prior to conducting any mowing activities within Zone 1 and Zone 2 of the Neuse buffers to ensure that no buffer violations have occurred. 6.0 Financial Assurance and Long -Term Management 6.1 Financial Assurances Following approval of Perry Hill II Bank Parcel Development Package, the Sponsor shall provide a performance bond from a surety that is rated no less than an "A-" as rated by A.M. Best. The performance bond amount shall be 100% of the estimated cost for implementation of the project as described in the Bank Parcel Development Package, but not less than $150,000.00. In lieu of posting the performance bond, the Sponsor may elect to plant the project prior to the first credit release. In that case no performance bond will be necessary. After completion of the planting, a separate performance/maintenance bond will be secured for 100% of the estimated cost to implement the monitoring and maintenance plan but not less than $100,000.00. The performance/maintenance bond shall apply at the inception of the monitoring period for a term of one year and be extended annually for a minimum of five years. Upon DWR approval, this may be lowered each year based on the adjusted cost to complete the monitoring. Performance bonds for monitoring shall be renewed at least annually to cover the next years' monitoring period, with confirmation of renewal provided to DWR with each annual monitoring report when applicable. DWR reserves the right to alter the credit release schedule if monitoring reports are submitted without proof of bond renewals when applicable. 6.2 Long -Term Management The Parcel will remain in private ownership, protected in its entirety by an approved DWR long-term steward and will be managed under the terms detailed in an approved DWR conservation easement. The long-term steward will be responsible for periodic inspection of the Parcel to ensure that the restrictions documented in the recorded easement are upheld in perpetuity. 7.0 Mitigation Potential Of the 14.57 acres protected under the conservation easement, the mitigation activity for 13.91 acres is riparian restoration with 0.46 acres being proposed for buffer restoration credit and 13.45 acres being proposed for nutrient offset mitigation credit. There is also 0.49 acres of buffer enhancement, via cattle exclusion within the conservation easement proposed for riparian buffer credit. The mitigation credit calculations were derived based on Wildlands' conceptual design for maximum ecological uplift. The management objectives, mitigation type, and proposed amount of buffer mitigation are presented in Tables 7 and 8, below. The riparian restoration areas are viable for either nutrient offset credits or riparian buffer credits and can be converted upon approval by NCDWR if within the first 100 feet from top of bank. WPerry Hill II Bank Parcel Development Package HUC 03020201 Page 12 May 2020 Table 7: Perry Hill II Mitigation Credits Neuse 03020201- Upper Falls Lake Service Area 19.16394 N Credit Ratio (sf/credit) 297.54099 P Credit Ratio (sf/credit) Min -Max Total Initial Feature Mitigation Feature Total (Creditable) Credit `95 Full Final Credit Convertible to Riparian Convertible to Delivered Nutrient Delivered Nutrient Credit Type Location Subject? Type Activity Buffer Name Area (sf) Area of Buffer Ratio Credit Ratio (x:1) Riparian Buffer? Buffer Credits Nutrient Offset? Offset: N (lbs) Offset: P (Ibs) Width (ft} Mitigation (sf) (x:1) Nutrient Rural Yes I / P Restoration 0-100 Perry 9,549 9,549 1 100% 1.00000 Yes 9,549.000 Yes 498.280 32.093 Offset Branch Nutrient Rural Yes I / P Restoration 101-200 Perry 351,483 351,483 1 33% 3.03030 No — Yes 18,340.853 1,181.293 Offset Branch Enhancement Buffer Rural Yes I / P via Cattle 0-100 Perry 2,210 2,210 2 100% 2.00000 Yes 1,105.000 No — — Exclusion Branch Enhancement Buffer Rural Yes I / P via Cattle 101-200 Perry 10,885 10,885 2 33% 6.06061 Yes 1,796.024 No — — Branch Exclusion Nutrient Rural Yes I / P Restoration 0-100 UT1 445 445 1 100% 1.00000 Yes 445.000 Yes 23.221 1.496 Offset Nutrient Rural Yes I / P Restoration 101-200 UT1 50,891 50,891 1 33% 3.03030 No — Yes 2,655.560 171.039 Offset Nutrient Rural Yes I / P Restoration 0-100 UT2 9,707 9,707 1 100% 1,00000 Yes 9,707.000 Yes 506.524 32.624 Offset Nutrient Rural Yes I I P Restoration 101-200 UT2 77,269 77,269 1 33% 3.03030 No J- Yes 4,032.000 259.692 Offset Enhancement Buffer Rural Yes I / P via Cattle 0-100 UT2 329 329 2 100% 2.00000 Yes 164.500 No — — Exclusion Enhancement Buffer Rural Yes I / P via Cattle 101-200 UT2 7,916 7,916 2 33% 6.06061 Yes 1,306.139 No --- - Exclusion Nutrient Rural No Ephemeral Restoration 0-100 EC1 93 93 1 100% 1.00000 Yes 93.000 Yes 4.853 0.313 Offset Nutrient Rural No Ephemeral Restoration 101-200 EC1 5,029 5,029 1 33% 3.03030 No — Yes 262.420 16.902 Offset Nutrient Rural No Ephemeral Restoration 0-100 EC3 354 354 1 100% 1.00000 Yes 354.000 Yes 18.472 1.190 Offset Nutrient Rural No Ephemeral Restoration 101-200 EC3 101,149 101,149 1 33% 3.03030 No — Yes 5,278.090 339,950 Offset Totals: 627,309 627,309 10,201 Eligible for Preservation (sf): Total initial Feature Mitigation Min -Max feature Total (Creditable) Credit % Full Final Credit Riparian Buffer Credit Type Location Subject? Type Activity Buffer Name Area (sf) Area for Buffer Ratio Credit Ratio (x:1) Credits Width (ft} Mitigation (sf) (x.1) Buffer Preservation 0 0 — Preservation Area Subtotal (sf): 0 Preservation as %Total Area of Buffer Mitigation: 0% Ephemeral Reaches as %Total Area of Buffer Mitigation: 1.1% Perry Hill It Bank Parcel Development Package HUC 03020201 Page 13 May 2020 Table 8: Perry Hill II Total Area of Buffer and Nutrient Offset Mitigation TOTAL AREA OF BUFFER MITIGATION Mitigation Totals Square feet Credits Restorations: 20,148 20,148.000 Enhancement: 21,340 4,371.663 Preservation: 0 0.000 Total Riparian Buffer: 41,488 24,519.663 TOTAL NUTRIENT OFFSET MITIGATION Mitigation Totals Square feet Credits Nutrient Offset: Nitrogen: 555,871 30,568,923 Phosphorus: 1,968.975 Upon submittal of the appropriate documentation by the Sponsor and subsequent approval by DWR, the mitigation credits associated with Perry Hill II will be released as described in Table 9 below. Table 9: Credit Release Schedule Task Project Milestone % Credit Available for Sale Instrument and B P D P Approved by DWR, Conservation Easement 1 Recorded and Financial Assurance Posted 20% 2 Mitigation Site Earthwork, Planting and Installation of Monitoring 20% Devices Completed 3 Monitoring Financial Assurance Posted and Approval of As -Built Report 10% Monitoring Report #1: Approved by DWR & financial assurance 4 renewed 10% Monitoring Report #2: Approved by DWR & financial assurance 5 renewed 10% Monitoring Report #3: Approved by DWR & financial assurance 6 renewed 10% 7 Item Bj1j of Section X in this Instrument has been completed and 5% approved by DWR No remaining credits will be released until the conservation easement has been assigned to an approved land trust or steward 8 Monitoring Report #4: Approved by DWR & financial assurance renewed 9 Monitoring Report #5: Approved by DWR and final site visit by DWR 10°/ has been conducted Total 100% WPerry Hill II Bank Parcel Development Package HUC 03020201 Page 14 May 2020 8.0 References Giese, G.I and Robert R. Mason Jr. 1993. Low -Flow Characteristics of Streams in North Carolina. U.S. Geological Survey Water Supply Paper 2403. North Carolina Division of Environment and Natural Resources (NCDENR), 2009. Neuse River Basinwide Water Quality Plan. Raleigh, NC. North Carolina Ecosystem Enhancement Program (NCEEP), 2010. 2010 Neuse River Basin Restoration Priorities Plan (RBRP). https://files.nc.gov/ncdeq/Mitigation%20Services/Watershed_Planning/Neuse_River_Basin/FINAL% 20RBRP%20Neuse%202010_%2020111207%2000RRECTED.pdf North Carolina Geological Survey (NCGS), 1985, Geologic Map of North Carolina: Raleigh, North Carolina Department of Natural Resources and Community Development, Geological Survey Section, scale 1:500,00, in color. North Carolina Geological Survey (NCGS), 2009. Mineral Resources. http://www.geology.enr.state.nc.us/Mineral%20resources/mineralresources.html North Carolina Natural Heritage Program (NHP), 2018. Natural Heritage Element Occurrence Database, Orange County, NC. Rogers, John J.W., 2006. The Carolina Slate Belt. In Steponaitis, V.P., Irwin, J.D., McReynolds, T.E., and Moore, C.R. (Ed.), Stone Quarries and Sourcing in the Carolina Slate Belt (pp. 10 —15). Retrieved from http://rla.unc.edu/Publications/pdf/ResRep25/Ch2.pdf United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS), 2020. Web Soil Survey. https:Hwebsoilsurvey.sc.egov.usda.gov/ United States Fish and Wildlife Service (USFWS), 2018. Endangered Species, Threatened Species, Federal Species of Concern and Candidate Species, Orange County, NC. https://www.fws.gov/raleigh/species/cntylist/orange.html WPerry Hill II Bank Parcel Development Package HUC 03020201 Page 15 May 2020 dye 'Kr fiy T 4 r �r Jj Halls Noll Ro err r� 1.. Er td " Y� Ac � � G4x��tlu9 and2 Soi.dtvrn Dr f rQ ' 6r. n Johr sto Directions: Traveling West of 1-40WI1-85S from Raleigh/Durham, follow 1-40WIl-85S to exit 161 for US-70 Connector N. Take a right at the bottom of the ramp and continue onto US-70E (1.0 mile) via US-70 Connector N. Continue on US-70E (1.9 miles) before taking a left onto Faucette Mill Rd. Continue (1.9 miles) and take a sight right onto Frank Perry Road. -J ♦�'� rVt g,pr Burke Fir. EL s� w flU E� t.' K A rvq $t -- t Occoneechee Mountain s s �'1 Stage Cr AI Na O r. 01001 01-Iqh Project Location r ^� Bank Conservation Easement Boundary :- DIVIS Conservation Easement Perry Hill Phase II Bank Parcel Location Figure 1 Vicinity Map W I Lr D L, A N D S 0 0.5 1 2 Miles Perry Bill II E N 0 1 r j E E R I N C l I I I I Bank Parcel Development Package ktww Neuse River Basin (03020201) Orange County, NC Ir I'r4 Ill.I,I HU`' ©202Q1 � � 1 I -f" f. } i i Perry Hill Phase II Bank Parcel Location I f d !Falls Lake Watershed .r„ ilr. 1 if � n,l„dam r•..��• � 1 rE 1 i II- f+ rnnY �•+ti_ 1 I--1 0 1 it ,—,,T1 I� Service Area Nutrient Offset Credits Service Area Riparian Buffer Credits — County Boundaries Figure 2 Service Area Map W I L,13 L, A N 1] 5 0 6 12 24 Miles Perry Hill II E N G I ht E E R I N G 4 I I I Bank Parcel Development Package �tww Meuse River Basin (03020201) Orange County INC Figure 3 Site Map W [ 1, 17 1, A N D S O 175 350 700 Feet Perry Hill II L N G I N E E R I N G I I I I Bank Parcel Development Package Neuse River Basin (03020201) Orange County, NC rf 1 r +� to t•i � � I'/• 1A r ■ � Al 1 IF Project Location Effand & Hillsborough, USGS 7.5 minute topographic quadrangles i _I Bank Conservation Easement Boundary I,I]I ANI]5 0 300 600 CNGINLCRING L I Figure 4 USGS Topographic Map 1,200 Feet Perry dill II J Bank Parcel Development Package Neuse River Basin (03020201) Orange County, NC F. IV i � 5 1 r � AN FT A. r I : - 1 � i 'a It• 1 .1 r ` r f:' ✓ f Project Location t ` f r r _ _� Bank Conservation Easement Boundary � f OMS Conservation Easement UT1 Watershed UTZ Watershed #, UT3 Watershed L---J Ephemeral Channel Watershed i, Perennial Project Stream Intermittent Project Stream Ephemeral Channel Non- Project Stream { d a 1 f e f Topographic Contour (4°) w*.w, W I I, D I, A N I 7 S 0 300 600 ENGINEERING I I I Figure 5 Watershed Map 1,200 Feet Perry Hill II Bank Parcel Development Package Neuse River Basin (03020201) Orange County, NC WVW I L D L A N D S 0 300 600 LNGINLLKFNG L i I Figure 6 NRCS 1977 Soils Map 1,200 Feet Perry Hill 11 _j Bank Parcel Development Package Neuse River Basin (03020201) Orange County, NC Figure 7 Credit Calculations Map itw,W1LDLANDS 0 175 350 700 Feet Perry Bill II E N G I N E E R I N G I I I I I Bank Parcel Development Package Neuse River Basin (03020201) Orange County, NC Figure 8 Riparian Buffer Zones Map kWILDLANDSww0 175 350 700 Feet Perry Hill II E N G I N E E R I N G I I 1 I I Bank Parcel Development Package Neuse River Basin (03020201) Orange County, NC Figure 9 Monitoring Map W I L D L A N D S 0 175 350 700 Feet Perry Hill II E N G I N E E R I N G Bank Parcel Development Package Neuse River Basin (0302.0201) Orange County, NC Appendix A CURRENT LAND USE PHOTOGRAPHS Perry Hill II AM'111��Ar✓¢.N�E�go 0 40 aw q�h � f r 10 . 5 i � Afr....13, > 4 r 4 = ��� � � 4►'' fir' r Project Location Conservation Easement Boundary ® DM Conservation Easement Internal Crossing y Existing Wetland 6 �'� Perennial Stream Intermittent Stream e j Ephemeral Channel i Non -Project Stream r Topographic Contour (4') 4> ` /�' + • Surveyed Treeline . OVA Existing Utility Line Alignment / # "y r Photo Point Existing Utility Pole %z ft..''WILDLANDS 0 175 350 EN01NEERIIVCI I L Figure 3 Site Map 700 Feet Perry Hill II J Bank Parcel Development Package Neuse River Basin (03020201) Orange County, NC Photo Point 1— Northwest View (0310312020) Photo Point 2 — Northeast View (0.310312020) Photo Point 3 — Northeast View (0310312020) Photo Point 4 — Northeast View (0310312020) Photo Point 5 —Southwest View (0310312020) Photo Point 6 — Northeast View (0310312020) Photo Point 7 — Northeast View (0310312020) Photo Point 8 — Northeast View (0310312020) Perry Hill If Appendix A H UC 03020201 April 2020 {r Photo Point 9 - South View (0310312020) Photo Point 10 - Southwest View (0310312020) Photo Point 11-- Southwest View (0310312020) 4�. Photo Point 12 - South View (0310312020) Photo Point 13 - Southeast View (0310312020) Photo Point 14 - Downward View (0310312020) Photo Point 15 - Northwest View (0310312020) Photo Point 16 - Northwest View (0310312020) Perry Hill If Appendix A HUC 03020201 April 2020 Photo Point 17 Southeast View (0310312020) Photo Point 18 — Southeast View (0310312020) Photo Paint 19 — Southeast View (0310312020) Photo Point 20 — South View (0310312020) Perry Hill II Appendix A HUC 03020201 April 2020