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HomeMy WebLinkAbout20190159 Ver 1_Buffer Plan_DWRedits_20201120ID#* 20190159 Version* I Select Reviewer:* Erin Davis Initial Review Completed Date 08/24/2020 Mitigation Project Submittal - 8/21/2020 Is this a Prospectus, Technical Proposal or a New Site?" r Yes r: No Type of Mitigation Project:* P Stream r— Wetlands V Buffer r Nutrient Offset (Select all that apply) Project Contact Information Contact Name:* Email Address:* Jeremiah Dow jeremiah.dow@ncdenr.gov Project Information ID#:* 20190159 Version:*1 Existing IDS Eiisting Version Project Type: C ❑MS {' Mitigation Bank Project Name: Strawberry Hill Mitigation Project County: Johnston Document Information Mitigation Document Type: Mitigation Plans File Upload: Strawberry) fll_100094_FDMP_2020.pdf E6.47MB Pease Lload only one FCF of the c"ete file that needs to be subnitted... Signature Print Name:* Jeremiah Dow Signature: ram- �7 0711 te-Ilem�%! AC/fIf Final Draft Mitigation Plan Strawberry Hill Mitigation Project DMS Project #: 100094 1 Contract #: 7745 1 RFP: 16-007576 USAGE Action ID: SAW-2020-00332 I DWR #20190159 Neuse River Basin I HUC 030202011 Johnston County, North Carolina July 2020 Prepared For: NC Department of Environmental Quality Division of Mitigation Services 1652 Mail Service Center Raleigh, NC 27699-I652 Prepared By: Resource Environmental Solutions, LLC For Environmental Banc & Exchange — Neuse I, LLC 3600 Glenwood Avenue, Suite 100 Raleigh, NC 27612 919-209-1052 This mitigation plan has been written in conformance with the requirements of the following: • Federal rule for compensatory mitigation project sites as described in the Federal Register Title 33 Navigation and Navigable Waters Volume 3 Chapter 2 Section § 332.8 paragraphs (c)(2) through (c)(14), • NCDEQ Division of Mitigation Services In -Lieu Fee Instrument signed and dated July 28, 2010 These documents govern NCDMS operations and procedures for the delivery of compensatory mitigation. 100=0WOM111 OW71Mu' fires 3600 Glenwood Ave, Suite 100 Raleigh, North Carolina 27612 919.209.1062 tel. 919.829.9913 fax TO: Jeremiah Dow — Project Manager North Carolina Division of Mitigation Services FROM: Jamey McEachran — Project Manager Resource Environmental Services, LLC DATE: July 281h, 2020 RE: Response to Strawberry Hill Draft Mitigation Plan Comments DMS Project ID No. 100094, Contract #7745 Strc ono ,Ylitigation Plan: 1. Title Page a. Add DWR # 20190159, The DWR # has been added to the title page 2. Table 3 a. Please delete the "65m" in the Level IV Ecoregion designation. In Table 3, "65m" has been deleted. 3. Section 4.1 a. DMS recommends removing text describing industry standards prior to IRT review. Statements defining industry standards have been removed from Section 4.1, b. Geomorphology section - Will all, or most, sediment from upstream sources be addressed by restoration? How will sediment source from the ditch draining to JH1A be addressed? This refers to Section 6.3 as well. Is the intent to promote bar storage? Also, a sentence states "The restoration is also designed to accumulate woody debris by having defined shallow riffle..." Please add a sentence or reword to explain "defined shallow riffle." Further explanation of how sediment Fiom upstream sources will be addressed through restoration is provided in The GeonioipholoD, section in Section 4. 1. Additionally, a short description of how the sediment from the ditch draining to JH 1-A will be addressed in the design through the addition of large pools and livestaking was added to Section 6.3. The word "shallow" was removed from the sentence to just refer to riffles. 4. Table 9 a. For items 4 and 5 in the "Objective" column, please consider changing "Unmeasurable" to "Unmeasured" or "Not Measured," etc., or remove italicized text. Italicized text has been removed entirely from the "Objective" column for the Physicochemical and Biology categories. 5. Section 6.1 a. Reference Watershed Characterization — Recommend changing the first sentence to "The selected reference stream is UT to Buffalo Creels which is part of the most downstream portion of the Buffalo Branch Stream Mitigation site..." The sentence has been revised per the comment. b. The reference stream has a drainage area of 709 acres, which is significantly larger than the drainage areas of project reaches. The draft mitigation plan indicates that a scaling factor is used based on the difference between bankfull widths. Please verify other design parameters are also scaled down accordingly, and add a brief discussion about the scaling factors used for design. The Reference Channel Motphoingv section has been revised accordingly. 6. Section 6.2 a. Under the "Typical Design Sections" heading the 2"d sentence states, "The cross sections were altered slightly to facilitate constructability; however, the cross -sectional area, width to depth ratio, and side slopes were preserved." Please clarify. Were all cross sections altered? Are they altered/preserved from the reference dimensions, typicals from the plan sheets, etc.? The Typical Design Sections write-up has been revised accordingly. The sentence has been revised to say "All cross-section dimensions were developed From the analog reach but were altered based an existing site conditions, hydraulic modeling, and observations from other mitigation sites in the area." 7. Section 6.3 — See comment 3b above. An additional paragraph was added to Section 6.3 to clarify how sediment from ditches will be addressed in restoration reaches. 8. Section 6.4 a. Under the "Soil Restoration" heading, reference is made to "... any unstable material identified in the pond bed will be removed and replaced with material suitable for stream construction." No pond is shown within the easement boundary, please clarify. The sentence has been removed, as there are no ponds within the easement boundary. 9. Section 8.5 a. A sentence states that vegetation monitoring will occur "between July I" and leaf drop." This contradicts the buffer mitigation plan which states that vegetation data will be collected no earlier than late August. The section has been updated to be consistent with the Buffer Mitigation Plan vegetation monitoring date criterion. Therefore, vegetation monitoring at the Project will occur between late August and leaf drop for both the stream and buffer components. The revised sentenced reads, "Monitoring will occur in Years 1, 2, 3, 5, and 7 between late August and leaf drop." 2 10. Figure 7 a. Please identify and label all ditches around the project, specifically the ditch draining to JH1-A. All ditches have been symbolized in the figure, including the ditch draining to JH1-A as well as the yard swale that drains into JH1-B. Likewise, Figures 8 & 9 of the Stream Mitigation Plan and Figure 2 of the Buffer Mitigation Plan have been revised to incorporate these features. 11. Figure 9 a. Please move the JH3 and JH4 labels so they do not obstruct the vegetation plots. Figure 9 has been revised accordingly. b. Because the stream is intermittent throughout its entire project length, DMS suggests adding an additional flow gage for monitoring intermittent flow. The flow gauge near the top of reach JH 1-A is intended to indicate presence/duration of flow for the entire stream length, under the principle that if there is sufficient flow near the top then there should be similar, if not more, flow downstream of that point as the drainage area increases. RES believes that the stream determination scores likely underrate the "perenniality" of the stream due to the extensive manipulation of the stream and the fact that the forms were completed in the summer dry season. Also, to be conservative, the forms were completed at the top of each reach. Therefore, RES is confident that the lower end of reach JH 1-B will have no issues with flow, especially considering the size of the drainage area and the groundwater input from the surrounding wetlands. With that said, ultimately, the stage recorder near the downstream end can be utilized to also monitor flow, if deemed necessary in future monitoring years. 12. Appendix B — Plan Sheets a. Title Sheet — Please add "for NCDEQ Division of Mitigation Services" at the top of the page. Also, add the DWR number to bottom left corner. These changes have been incorporated. b. Please include construction sequence sheet between sheet E1 and E2. Stream construction sequence notes have been added to sheet E I . c. Final Plan Sheets need to be Sealed. Final Plans will be sealed for construction after all required permits are in hand. d. Sheet S3 — It appears that between stations 12+50 and 13+00 there is z 25 if to 301f of creditable stream length with less than 50' of buffer width. A 50' buffer could not be obtained along the right bank from station 12+59 to 13+03 (44 LF) because the stream must be aligned with the NCDQT culvert. This accounts for —I % of the total restoration length and will not influence crediting per the 2016 Wilmington District Stream and Wetland Compensatory Mitigation Update. e. Sheet S7 — Near station 39+00 a channel plug is depicted across the constructed channel. Is this correct? The channel plug has been revised to no longer intersect the proposed channel. 1. Section 3.2.1 a. Please clarify "...Zone 2 (31-50 feet) of the existing stream channel are not eligible for riparian buffer credit due to violation of the Neuse Buffer Rules." Tree clearing in Zone 2 is not a violation of the Neuse Buffer Rules according to 15A NCAC 02B .0233 (6). The Table of Uses states under the Vegetation Management section that "Periodic mowing and harvesting of plant products in Zone 2 only" is an Exempt activity. Were Zone 2 areas deemed not eligible for credit due to the recency of the tree clearing? During the buffer viability site visit, Katie Merritt of DWR highlighted that because the clear-cut activity did not only occur in Zone 2 but also occurred in Zone 1, Zone 2 would therefore not be eligible to generate credit. Perhaps the defining word in "Periodic mowing and harvesting of plant products in Zone 2 only" is "only". Therefore, Zone 2 areas were deemed not eligible for credit based on the discussion in the field with the NCDWR and the Site Viability letter based on that site visit. b. See last two sentences referring to JH5. Please discuss why the right bank area of JH5 was excluded from the easement, differing from the proposal submitted to DMS. This area is not included within the Project easement for two main reasons. The first, because it is not eligible for riparian buffer credit within Zones I and 2 according to the buffer viability determination, just like the other ineligible areas throughout the Project, The second reason, the original proposal proposed stream Enhancement II as well as some buffer preservation credit in Zone 2, off the right bank, of JH5; however, after the IRT site visit/evaluation, IRT determined that J1-15 was not suitable for any stream credit other than restoration. But because restoration is not possible on JH5 within the confines of the Project boundary, the reach was rendered not suitable for stream credit. Therefore, due to these circumstances, RES is only proposing to generate riparian buffer credit along the left bank of JH5. With that said, the easement boundary will still include the JH5 stream channel, plus an additional five feet off of the right stream top of bank in order to maintain protection of the entire channel. To clarify, the sentences regarding JH5 within the Section 3.2.1 have been revised to read, "Notably, JH5 contains a small portion of recently cleared, regenerating forest off the right bank that is not eligible for riparian buffer credit within Zones 1 and 2 due to circumstances described above. Therefore, this area will not be part of the Project, although the entire stream channel will still be included within the conservation easement in order to maintain protection of the entire stream channel: this conservation easement boundary will be offset approximately five feet from the right top of bank..." 2. Section 3.23 a. See comment 1 a above. Zone 2 tree harvesting is not a violation of the Neuse Buffer Rules. Please see la response above. 4 3. Section 3.3 a. Sentence states that "vegetation data will be collected no earlier than August of each year." See comment 9a for the Stream Mitigation Plan. The stream and buffer mitigation plans need to be consistent. Please see response 9a above. The stream and buffer mitigation plan will both state that vegetation monitoring at the Project will occur between late August and leaf drop. 4. Section 4.1 a. It is stated that "...there will be 13 vegetation plots measuring riparian buffer mitigation success." Please verify that only the fixed vegetative plots will be used for riparian buffer success criteria, and not the 4 random plots. This is correct. Only the 13 fixed vegetation plots will be utilized to monitor buffer mitigation success. Random plots wilt not be utilized for buffer mitigation success. 1. Please include the zero credit stream features that connect creditable features (i.e. between 7HI-B and ]H 1-A). The line shapefile has been updated to include these features. 2. "Planting Zones" feature represents 859,425 sq. ft, while total Riparian Suffer area is reported as 740,948 sq. ft. Please provide features for riparian buffer that accurately represent the creditable area reported in Table 1. AIso, please provide separate features for riparian preservation and restoration. Planting zones include both creditable and non -creditable buffer area. Creditable buffer shapes have been added to the polygon shapefile. Appendix A Buffer Mitigation Plan Draft Buffer Mitigation Plan Strawberry Hill Mitigation Project DMS Project #: 100094 1 Contract #: 7745 1 RFP: 16-007576 1 DWR #: 2019-0159 Neuse River Basin I HUC 030202011 Johnston County, North Carolina July 2020 Prepared For: NC Department of Environmental Quality Division of Mitigation Services 1652 Mail Service Center Raleigh, NC 27699-1652 Prepared By: Resource Environmental Solutions, LLC For Environmental Banc & Exchange — Neuse 1, LLC (ESX-Neuse) 3600 Glenwood Avenue, Suite 100 Raleigh, NC 27612 919-209-1052 Ais mitigation plan has been written in conformance with the requirements of the following: • The Consolidated Buffer Mitigation Rule, 15A NCAC 02B .0295, effective November 1, 2015 These documents govern NCDMS operations and procedures for the deliver), ofcompensatory mitigation, Table of Contents 1 MITIGATION PROJECT SUMMARY.........................................................................................I 1.1 Project Overview........................................................................................................................1 1.2 Project Location.........................................................................................................................3 1.3 Existing Conditions....................................................................................................................4 2 REGULATORY CONSIDERATIONS..........................................................................................7 2.1 Determination of Credits............................................................................................................ 7 2.2 Other regulatory considerations................................................................................................. 8 3 RIPARIAN RESTORATION AND ENHANCEMENT IMPLEMENTATION PLAN ...........10 3.1 Site Preparation........................................................................................................................10 3.2 Methods....................................................................................................................................10 3.3 Planting Plan............................................................................................................................13 3.4 Easement Boundaries...............................................................................................................14 4 MONITORING PLAN..................................................................................................................15 4.1 Monitoring Protocol and Success Criteria................................................................................15 4.2 Adaptive Management Plan and Project Maintenance.............................................................16 5 STEWARDSHIP............................................................................................................................17 6 REFERENCES...............................................................................................................................18 FIGURES Figure 1 - Service Area Figure 2 — Existing Conditions Figure 3 — Vicinity Map Figure 4 — Conceptual Design Plan for Buffer Figure 5 — USGS Quadrangle Figure 6 — Mapped Soils Figure 7 — Monitoring Plan APPENDIX Al — Project Buffer Credits (DWR Template) A2 — Buffer Viability and Stream Determination Strawberry Hill Mitigation Project Buffer Mitigation Plan DMS Project #: 100094 1 July 2020 I MITIGATION PROJECT SUMMARY Environmental Banc & Exchange — Neuse I, LLC (EBX-Neuse I), a wholly -owned subsidiary of Resource Environmental Solutions (RES), is pleased to provide this Buffer Mitigation Plan as a component of the Strawberry Hill Mitigation Project (Project), a full -delivery stream and buffer mitigation project for the Division of Mitigation Services (DMS) (DMS #100094). This buffer component of the Project is designed to provide riparian buffer mitigation credits for unavoidable impacts due to development within the Neuse River Basin, United States Geological Survey (USGS) 8-digit Cataloguing Unit 03020201 (Neuse 01) (Figure 1). This Buffer Mitigation Plan is in accordance with the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295. The Buffer Mitigation Plan is designed in concurrence with the Strawberry Hill Stream Mitigation Project (SAW-2020-00332). 1.1 Project Overview The conservation easement of the Strawberry Hill Project will total approximately 22.12 acres and includes two unnamed tributaries and three ditches that drain into Polecat Branch and eventually the Neuse River. Current land use within the Project is primarily crop production and disturbed riparian forest. The Project area has been used extensively for agricultural and forestry purposes for over 80 years. Currently, the Project reaches and adjacent areas are in either crop production or forest regeneration. Water quality stressors currently affecting the Project include pollution from crop production and lack of forested riparian buffer (Figure 2). Current buffer conditions demonstrate significant degradation with the loss of stabilizing vegetation because of continued crop production and recent clear cut of adjacent riparian forest. The goal of the buffer component of the Project is to restore and preserve ecological function to the existing streams and their associated riparian buffer areas by establishing appropriate plant communities while minimizing temporal and land disturbing impacts. Buffer and surrounding riparian area improvements will filter runoff from agricultural fields, thereby reducing nutrient and sediment loads to Project channels and provide water quality benefit to the overall watershed. The easement is comprised of two main sections: a northern and a southern. The northern section can be accessed by either Yelverton Grove Road or Brogden Road, while the southern section can be accessed by Yelverton Grove Road (Figure 3). The Strawberry Hill Project is composed of two intermittent stream channels: JH1 (divided into JH1-A and JH1-B) and JH5; and three ditches: JH2, JH3, and JH4 (Figure 2). Furthermore, the buffers and surrounding riparian areas of all stream reaches and ditches were determined to be subject to the buffer rules. There will be three easement breaks: two of which account for the Yelverton Grove Road crossing and one that accounts for an upgraded agricultural crossing. All streams and ditches have been straightened and are incised; however, reaches JH1-A and JH1-B will be restored via stream restoration as part of the stream mitigation component of the Project. Stream determinations were verified by the DWR site visit on February 27th, 2019. Correspondence regarding this determination is in Appendix A2. Buffer and riparian area mitigation efforts along the Project streams and ditches will be accomplished through the planting, establishment, and protection of a hardwood forest community. The result will be a riparian area that functions to mitigate nutrient and sediment inputs from the surrounding uplands. The buffer mitigation plan proposed is being submitted for review under the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295. In addition to traditional riparian restoration, the Project will also incorporate the alternative buffer mitigation options: Preservation Strawberry Hill Mitigation Project Buffer Mitigation Plan DMS Project #: 100094 1 July 2020 of Buffers on Subject Streams, as outlined in 15A NCAC 02B .0295 (o) (5), and Restoration and Enhancement of Ditches, as outlined in 15A NCAC 02B .0295 (o) (8). DWR staff performed an onsite viability assessment for buffer mitigation on February 27th, 2019. Correspondence regarding this assessment is provided in Appendix A2 and dated April 30th, 2019. The Project will provide significant functional uplift to the watershed and will assist DMS with achieving its mitigation goals in the Neuse 01 watershed. The Project presents the opportunity to provide up to 656,593.451 ftz (15.07 acres) of riparian buffer mitigation units (BMU). These will be derived from restoration and preservation of the riparian buffer and surrounding riparian areas. Project attributes are summarized in Table 1. Table 1. Project Attributes Project Name Strawberry Hill Hydrologic Unit Code 03020201140010 (14 digit) River Basin Neuse River Geographic Location (Lat, Long) 35.469579,-78.323896 Site Protection Instrument (DB, PG) 5199, 272 Johnston (Hill) 5111, 571 Johnston (Hill) 3754, 814 Johnston (Carpenter) 3960, 792 Johnston (Davis) 4060, 391 Johnston (Haas) Total Credits (BMU) 656,593.451 Types of Credits Riparian Buffer Mitigation Plan Date June 2020 Initial Planting Date December 2021 Baseline Report Date January 2022 MY1 Report Date December 2022 MY2 Report Date December 2023 MY3 Report Date December 2024 MY4 Report Date December 2025 MY5 Report Date December 2026 Strawberry Hill Mitigation Project Buffer Mitigation Plan DMS Project #: 100094 2 July 2020 The riparian buffer mitigation credits will be produced by establishing a native forested and herbaceous riparian plant community and protecting buffers in perpetuity with a conservation easement. For stream channels, buffers will have a minimum width of 50 feet and a maximum of 200 feet from the edge of the channels. These will be derived from 496,540 ft2 (11.40 acres) from the top of bank to 100 feet of Restoration; 16,097 ft2 (0.37 acres) of 101 to 200 feet of Restoration; 80,893 ft2 (1.86 acres) from the top of bank to 100 feet of Preservation; and 792 ft2 (0.02 acres) from 101 to 200 feet of Preservation. For ditch channels, buffers will have a minimum width of 30 feet and maximum of 50 feet from the edge of the channel. These will be derived from 146,626 ft2 (3.37 acres) from the top of bank to 50 feet of Restoration. The new plant community will be established in conjunction with the treatment of any existing exotic or undesirable plant species. Figure 4 shows the Conceptual Design Plan for Buffer and Credit Determination Map and Section 2.1 provides details of the mitigation determination on the Strawberry Hill Project. 1.1.1 Parcel Ownership The land required for the construction, management, and stewardship of this Project includes portions of the parcels listed in Table 2. EBX-Neuse I will obtain conservation easements from the current landowners. The easement deeds and survey plats will be submitted to DMS and the State Property Office (SPO) for approval and will be held by the State of North Carolina. The easement deeds followed the DMS Full Delivery Conservation Easement Template dated May 5, 2017 and is included in Appendix D. The recorded easement allows EBX-Neuse I to proceed with the Project development and protect the mitigation assets in perpetuity. A finalized copy of the land protection instrument(s) is included in Appendix D. Table 2. Parcel and Landowner Information Landowners Pin or Tax Parcel ID Agreement Type County 260200-26-4743 260200-45-0227260200-36-4485 Jan Penny Hill Easement Johnston 260200-35-1474 William Christian Carpenter 260200-36-4710 Easement Johnston Melrose Haas 260200-46-0253 Easement Johnston Bridgette Edwards Davis 260200-46-1831 Easement Johnston 1.2 Project Location The Strawberry Hill Project is within the Neuse River Basin within the 8-digit HUC 03020201, 14-digit HUC 03020201140010 and DWR Sub -basin Number 03-04-02. The Strawberry Hill Project is located in Johnston County in Smithfield, NC at the crossroads of Yelverton Grove Road and Brogden Road (Figure 1). To access the Project from Raleigh, take I-40 East to US-70 East. Then take US-70 BUS West until taking a right onto South 3rd Street in downtown Smithfield. Then take a left onto Brogden Road. Follow Brogden Road for 2.9 miles and the downstream extent of reach JH1-B will be on your left. The coordinates are 35.469579 °N and-78.323896'W. Strawberry Hill Mitigation Project Buffer Mitigation Plan DMS Project #: 100094 3 July 2020 1.3 Existing Conditions 1.3.1 Surface Water Classification The Project's tributaries drain directly to Polecat Branch, which has been assigned class C and Nutrient Sensitive Waters (NSW). Class C waters are protected for uses such as secondary recreation, fishing, wildlife, fish consumption, aquatic life including propagation, survival and maintenance of biological integrity, and agriculture. Secondary recreation includes wading, boating, and other uses involving human body contact with water where such activities take place in an infrequent, unorganized, or incidental manner. NSW designation is intended for waters needing additional nutrient management due to being subject to excessive growth of microscopic or macroscopic vegetation (NCDWQ 2011). 1.3.2 Physiography and Soils The Project is located within the Rolling Coastal Plain Level IV ecoregion within the Southeastern Plains Level III ecoregion and is characterized by greater relief, elevation, and stream gradients compared to the Mid -Atlantic Coastal Plain to the east with better drained soils and a slightly cooler and shorter growing season. However, it is a productive agricultural region with typical crops of corn, soybeans, tobacco, cotton, sweet potatoes, peanuts, and wheat. (Griffith et al. 2002). Elevations range from 133 to 141 feet above mean sea level (NAD 83) based upon topographic survey (Figure 5). The Natural Resources Conservation Service (MRCS) depicts four soil map units across the Project (Figure 6). The Project area is dominated by Rains sandy loam, with successively smaller proportions of Goldsboro sandy loam, Lynchburg sandy loam, and Cowarts loamy sand. Rains sandy loam, Goldsboro sandy loam, and Lynchburg sandy loam are zero to two percent slopes and not flooded, while Cowarts loamy sand is two to six percent and not flooded. The soil characteristics of these map units are summarized in Table 3. Table 3. Project Mapped Soil Series Map Unit Map Unit Name Percent Drainage Class Hydrologic Landscape Symbol Hydric Soil Group Setting Cowarts loamy sand, 2- Coastal plains, low CoB 6% slopes, not flooded o 0 /o Well Drained C ridges on marine terraces Goldsboro sandy loam, Moderately Flats on marine GoA 0-2% slopes, not flooded 2 o �0 Well Drained B terraces,, coastal L Lynchburg sandy loam, 8% Somewhat B/D Marine terraces, y 0-2% slopes, not flooded Poorly Drained coastal plains Ra Rains sandy loam, 0-2% 90% Poorly Drained A/D Marine terraces on slopes. not flooded coastal plains 1.3.3 Wetlands A detailed wetland delineation was completed February 5th, 2020. Wetland boundaries were delineated using current methodology outlined in the 1987 U.S. Army Corps of Engineers (USACE) Wetland Delineation Manual (Environmental Laboratory 1987). Soils were characterized and classified using the Field Indicators of Hydric Soils in the United States, Version 7.0 (NRCS, 2010). Within the boundaries of the Project, four jurisdictional wetlands are present (Figure 2). Wetlands are labeled as WA (Wetland A) Strawberry Hill Mitigation Project Buffer Mitigation Plan DMS Project #: 100094 4 July 2020 through WD (Wetland D). A preliminary jurisdictional determination (PJD) request was sent to the USACE on February 14th, 2020 and a confirmed PJD was received, signed May 4th, 2020 (Appendix J). The US Fish and Wildlife Service (USFWS) National Wetland Inventory Map (NWI) does not depict any additional wetland areas within the Project (Figure 2). 1.3.4 Landscape Communities A. Existing Vegetation Communities Current land use around the Project is primarily composed of row crops, forest, and early successional forest. Fields rotating soybean and corn directly abut most of the banks of Project streams and ditches. Part of the uppermost portion of the main Project reach (JH1-A) contains a forest along the left bank that resembles a disturbed Mesic Mixed Oak -Hickory Forest (Coastal Plain Subtype) that consists of red maple (Acer rubrum), loblolly pine (Pinus taeda), southern red oak (Quercus falcata), water oak (Quercus nigra), laurel oak (Quercus laurifolia), sweetbay (Magnolia virginiana), sweetgum (Liquidambar styraciflua), common persimmon (Diospyros virginiana), mockernut hickory, (Carya tomentosa), Chinese privet (Ligustrum sinense), roundleaf greenbriar (Smilax rotundifolia), poison ivy (Toxicodendron radicans), muscadine (Vitis rotundifolia), Japanese honeysuckle (Lonicera japonica), evening trumpetflower (Gelsemium sempervirens), giant cane (Arundinaria gigantea), and Nepalese browntop (Microstegium vimineum). The other distinct community type within the Project is regenerating forest that resembles a disturbed Coastal Plain Small Stream Swamp. The area along reach JH1-B was clear-cut approximately six to seven years ago and contains a mosaic of scrub -shrub and emergent wetland areas with upland pockets and berms. Species in these areas include loblolly pine, water oak, red maple, sweetgum, American sycamore (Platanus occidentalis), sweetbay, redbay (Persea borbonia), common sweetleaf (Symplocos tinctoria), swamp titi (Cyrilla racemiflora), eastern baccharis (Baccharis halimifolia), black elderberry (Sambucus nigra), sawtooth blackberry (Rubus argutus), muscadine, winged sumac (Rhus copallinum), big bluestem (Andropogon gerardii), giant cane, common rush (Juncus effuses), seedbox (Ludwigia alterniflora), common reed (Phragmities australis), woolgrass (Scirpus cyperinus), dogfennel (Eupatorium capillifolium), and goldenrod (Solidago sp.). Also, stream and ditch channels contain locally dense areas of murdannia (Murdannia sp.) and narrowleaf cattail (Typha angustifolia). Notable exotic invasive species include Chinese privet, Japanese honeysuckle, Nepalese browntop, and narrowleaf cattail. B. Riparian Vegetation In general, all of the reaches within the Strawberry Hill Project do not function to their full potential. Current conditions demonstrate significant habitat degradation with a loss of stabilizing vegetation as a result of impacts from ongoing crop production and forestry. Specifically, the buffer and riparian area off the right bank of reach JH1-B was clear-cut sometime around 2014 and is currently in an early successional state of regeneration, although much of the area has failed to regenerate trees. Also, notably, the clear-cut violated the Neuse Buffer Rules; therefore, any clear-cut area within 50 feet of the existing stream channel is not eligible for buffer mitigation credit. Throughout the Project there are scattered invasive plant species that will be treated to the extent practicable. Strawberry Hill Mitigation Project Buffer Mitigation Plan DMS Project #: 100094 5 July 2020 1.3.5 Existing Conditions Photos Looking Upstream along JH1-A January 16, 2020 Looking Upstream along JH1-B January 16, 2020 Looking Upstream at JH2 (Ditch) January 16, 2020 Strawberry Hill Mitigation Project DMS Project #: 100094 Looking Downstream along JH1-A January 16, 2020 Looking Downstream along JH1-B January 16, 2020 Looking Upstream along JH3 (Ditch) January 16, 2020 Buffer Mitigation Plan July 2020 Looking Upstream at JH4 (Ditch) January 16, 2020 OM 101 �ei1 11JC1] `��Il�;f�� I l� �1:7V [11► � 2.1 Determination of Credits Looking Upstream along JH5 January 16, 2020 This Project has the potential to generate up to 656,593.451 ft2 (15.07 acres) riparian buffer mitigation credits within a 22.12-acre conservation easement as depicted in Figure 4. These will be derived from buffer restoration and buffer preservation. The riparian buffer mitigation credits generated will service the Neuse 01 watershed. The total potential mitigation credits that the Strawberry Hill Mitigation Project will generate are summarized in Table 4 and the detailed Project credit breakdown, utilizing the DWR "Project Credit Table Template (Updated November 2019)," is provided in Appendix Al. Table 4. Strawberry Hill Project (DMS #: 100094) Riparian Buffer Mitigation Summary Total_ Riparian Buffer Mitigation Credits Mitigation Totals Square Feet Credits Restoration 659.263 648.478.015 Preservation 91.685 8,115.436 Total Riparian Buffer 740,948 656,593.451 Note: Stipulation for untreated flow entering riparian buffer restoration areas according to 15A NCAC 02B.0242(9)(d)(iii) and Buffer Interpretation/Clarification #2008-019 Memorandum dated 08/19/2008 were accounted for in the riparian buffer credit area and calculations. These areas are depicted in Figure 4. Strawberry Hill Mitigation Project Buffer Mitigation Plan DMS Project #: 100094 7 July 2020 2.2 Other regulatory considerations 2.2.1 Environmental Screening and Documentation Because DMS mitigation projects are considered to be a category of activities that do not individually or cumulatively have an impact on the human environment, they do not require preparation of an environmental assessment or environmental impact statement. To ensure that a project meets the "Categorical Exclusion" criteria, the Federal Highways Administration (FHWA) and NCDMS have developed a categorical exclusion (CE) checklist that is included as part of each mitigation project's Environmental Screening process. The CE Approval Form for the Strawberry Hill Project is included in Appendix L and was approved by DMS and FHWA in August 2019. 2.2.2 Threatened and Endangered Species Plants and animals with a federal classification of endangered or threatened are protected under provisions of Sections 7 and 9 of the Endangered Species Act of 1973, as amended. According to the United States Fish and Wildlife IPAC database review tool (USFWS 2018) and the self -certification process conducted by RES and submitted to the USFWS on June 12th, 2019 the list of threatened and endangered species includes the Red -cockaded woodpecker (Picoides borealis), the Atlantic Pigtoe (Fusconaia masoni), the Tar River Spinymussel (Elliptio steinstansana), and Michaux's Sumac (Rhus michauxii). Two additional species on the list submitted to USFWS are proposed for listing, the Neuse River Waterdog (Necturus lewisi) and the Carolina Madtom (Noturus Furiosus). The Strawberry Hill Mitigation Project does not contain any suitable habitat for the Red -cockaded woodpecker, the Atlantic Pigtoe, the Tar River Spinymussel, the Neuse River Waterdog, the Carolina Madtom, nor the Michaux's Sumac. A self - certification letter sent to USFWS (on August 2nd, 2019) A copy of this letter is enclosed. No response was provided by USFWS which is typical as the certification letter (provided) is their official response unless they do not concur with the determination. This consultation was conducted as part of the CE process and supporting documentation and correspondence can be found in Appendix L The Fish and Wildlife Coordination Act requires consultation with state fish and wildlife agencies when "waters of any stream or other body of water are proposed or authorized, permitted or licensed to be impounded, diverted ... or otherwise controlled or modified. The North Carolina Wildlife Resources Commission (NCWRC) was consulted during the CE process and the NCWRC did not comment on any state or federally listed species; however, they did recommend the use of biodegradable and wildlife - friendly sediment and erosion control devices and to treat invasive species as part of the Project. Documentation is included in Appendix L. 2.2.3 Cultural Resources A review of North Carolina State Historic Preservation Office (SHPO) GIS Web Service (accessed 14 August 2018) database did not reveal any registered occurrences within the Project area; however, there is one nationally registered house (JT0994 - the Watson -Sanders House) on Brogden Road just west of the Project and one "Determined Eligible" house (JT1920 - Stevens Sausage Company Homeplace/Office) on Stevens Sausage Road just south of the Project. RES consulted with the SHPO during the CE process and the SHPO had "conducted a review of the project and are aware of no historic resources which would be affected by the project." Cultural Resources screening met the Categorical Exclusion Criteria for FHWA and DMS projects and documentation is included in Appendix L. Strawberry Hill Mitigation Project Buffer Mitigation Plan DMS Project #: 100094 8 July 2020 2.2.4 Federal Emergency Management Agency (FEMA)/Hydrologic Trespass The Project is not within a mapped FEMA Regulatory Floodway or 100-year floodplain (Figure 2). While designing the Strawberry Hill Project, appropriate measures were taken to eliminate hydrologic trespass of the adjacent agricultural fields. The adjacent land use will not be affected by the proposed design, and no detrimental impacts are expected beyond the easement limits. The DMS Floodplain Requirements Checklist can be found in Appendix M. 2.2. S Clean Water Act - Section 4011404 Because this Project also includes a stream mitigation component that involves stream restoration and culvert work, impacts to jurisdictional streams and wetlands and protected buffer will be unavoidable due to the restoration activities proposed. All stream, wetland, and buffer impacts will be accounted for in the Pre -Construction Notification form. Information about impacts and permitting are discussed further in Section 3.4 of the Strawberry Hill Mitigation Plan. Strawberry Hill Mitigation Project Buffer Mitigation Plan DMS Project #: 100094 9 July 2020 3 RIPARIAN RESTORATION AND ENHANCEMENT IMPLEMENTATION PLAN Riparian restoration and preservation areas adjacent to streams are shown in Figure 4 and were approved by the DWR in the letter dated April 30`h, 2019 (Appendix A2). 3.1 Site Preparation Preparation at the Project will involve spraying crops and exotic invasive species, clearing undesirable scrub -shrub vegetation, contoured ripping, seeding, and planting. Additionally, culverts, agricultural building structures, and old, abandoned irrigation pipes will be removed from buffer restoration areas. Prior to construction a Pre -construction Notification for the Nationwide Permit 27, under Section 404 of the Clean Water Act, and a DWR 401 Water Quality Certification, under Section 401 of the Clean Water Act, will be obtained. Following the issuance of the Nationwide Permit, an erosion and sediment control permit will be obtained. Stabilization and implementation of dispersal techniques will be utilized where surface flows have become concentrated to minimize the chances of non -diffuse flow. A combination of silt fencing, erosion control wattles, temporary seeding, and erosion control matting will be used to reduce erosion and stabilize soil in riparian areas during any land disturbance activities. These erosion control measures shall be inspected and properly maintained at the end of each working day to ensure measures are functioning properly until permanent vegetation is established. Immediately following completion of restoration activities, disturbed areas will be stabilized to prevent erosion by seeding with a mixture of temporary and permanent seed mix within ten working days upon completion of final grading. The proposed seed mix was chosen to maximize successful herbaceous growth in upland and wetland riparian areas, as both are characteristic of the site, while also incorporating valuable pollinator species (Appendix B, PI). Areas of compacted soils will be ripped and disked prior to seed mix application and tree planting. Temporary and permanent riparian seeding shall be done in accordance with the erosion control plan. Soil amendments will be provided as needed based on the results of soil fertility tests. After construction activities, the subsoil will be scarified, and any compaction will be deep tilled before the topsoil is placed back over the site. Any topsoil that is removed during construction will be stockpiled and placed over the site during final soil preparation. This process should provide favorable soil conditions for plant growth. Bare root plantings and live stakes shall be planted according to detail shown in the planting plan (Appendix B, PI). All riparian buffer restoration activities will commence in concurrence with the stream mitigation activities and not before. The riparian restoration areas will be surveyed, and information will be provided in the As -Built report. 3.2 Methods Riparian buffer mitigation activities will include restoration and preservation along streams and restoration along viable ditches. All restoration and preservation areas were determined by the mitigation determination performed during the viability assessment by DWR (Appendix A2). 3.2.1 Riparian Restoration Activities - Streams For stream channels, the Project will provide riparian buffer and surrounding area restoration in accordance with the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 (n). Restoration activities will include the planting of bare root plantings as described in Section 3.3. These restoration activities will Strawberry Hill Mitigation Project Buffer Mitigation Plan DMS Project #: 100094 10 July 2020 begin from the tops of the proposed stream banks and extend a minimum of 50 feet from the stream outward to a maximum of 200 feet perpendicular to the stream channel. Restoration will occur where cropland is currently present as well as selective areas of early successional, regenerating forest that lack suitable density and composition. In the early successional, regenerating forested areas, the buffer restoration areas are determined based on whether there are less than 25 percent of the tree canopy cover and a lack of dense growth of smaller woody stems (i.e. shrubs or saplings) in accordance with the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 (b) (12). Furthermore, these selective areas were determined by the mitigation determination performed during the viability assessment by DWR (Appendix A2). Also, as determined in the viability assessment, all recently cleared areas within Zone 1 (0-30 feet) and Zone 2 (31-50 feet) of the existing stream channel are not eligible for riparian buffer credit due to violation of the Neuse Buffer Rules; however, these areas will still be planted and protected within the conservation easement (Figure 4). Specifically, reaches JH1-A, JH1-B, and JH5 will include riparian buffer restoration (Figure 4). Notably, JH5 contains a small portion of recently cleared, regenerating forest off the right bank that is not eligible for riparian buffer credit within Zones 1 and 2 due to circumstances described above. Therefore, this area will not be part of the Project, although the entire stream channel will still be included within the conservation easement in order to maintain protection of the entire stream channel: this conservation easement boundary will be offset approximately five feet from the right top of bank (Figure 4). Since the northern easement section is also proposed for stream restoration as part of the stream mitigation component of the Project, buffer mitigation activities along reaches JH1-A and JH1-B will coincide with stream restoration. The stream design approach will include constructing a meandering stream channel within the natural valley and stabilizing stream banks using a combination of grading, erosion control matting, live -stake planting, native material revetment techniques (i.e. bioengineering), structure placement, and sod transplants where possible. These activities will also include backfilling the abandoned stream channels to the elevation of the floodplain and planting. (Appendix B). Also, as denoted in Section 2.1, there will be credit deductions for untreated flow entering riparian buffer restoration areas according to 15A NCAC 0213.0242 (9) (d) (iii) and Buffer Interpretation/Clarification #2008-019 Memorandum dated 08/19/2008. Specifically, there is untreated flow that enters reach JH1-A, laterally, at its upstream extent. Therefore, where untreated flow enters the easement boundary, a 120' angle wedge, drawn 50 feet below the easement boundary, was removed from the associated buffer area for crediting purpose (Figure 4). However, this area of exemption will still be planted and contained within the conservation easement. 3.2.2 Riparian Restoration Activities —Ditches The southern easement section of the Project includes three ditch reaches: JH2, JH3, and JH4 (Figure 4). These ditches are proposed for riparian buffer restoration in accordance with the alternative mitigation option of Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 (o) (8) and the DWR buffer viability assessment (Appendix A2). As no stream work is proposed on these ditches, the only restoration activities will include the planting of bare root tree plantings as described in Section 3.3 and the other activities mentioned in 3.2.4. These restoration activities will begin from the tops of the ditch banks and extend a minimum of 30 feet from the ditch outward to a maximum of 50 feet perpendicular to the ditch channel. All these riparian areas are currently cropland except for a small segment along the left bank of JH3, which Strawberry Hill Mitigation Project Buffer Mitigation Plan DMS Project #: 100094 11 July 2020 contains portions of dilapidated agricultural structures, which will be demolished as part of the Project (Figure 4). The ditch reaches meet criteria for riparian buffer restoration according to Rule 15A NCAC 02B .0295 (o) (8) in the following ways: (A) Each ditch drains directly to reach JH5, an intermittent stream. (B) The stream (JH5) and all ditches, including their confluence, will be protected by a contiguous, perpetual conservation easement that will prevent any future maintenance or manipulation of the ditches. (C) Stormwater runoff and overland flow drain toward the ditches. (D) Each ditch is between one and three feet in depth (as measured during the DWR buffer viability site visit and depicted in the issued buffer viability letter (Appendix A2): • JH2 — 2.50 feet • JH3 — 2.95 feet • JH4 — 2.70 feet (E) The entire length of each ditch has been in place prior to the effective date of the Neuse Buffer Rule (see Strawberry Hill Mitigation Plan, Figure 6). Additionally, the watersheds (DA) draining to each ditch were delineated (Figure 5) and determined to be at least four times (multiplier of 4) larger than the restored area along their corresponding ditches, as expressed in the following calculations: • JH2/JH3: (71 ac. DA) / (2.79 ac. restored area)= 25 multiplier • JH4: (20 ac. DA) / (0.58 ac. restored area)= 34 multiplier Also, as denoted in Section 2.1, there will be credit deductions for untreated flow entering ditches according to 15A NCAC 02B.0242(9)(d)(iii) and Buffer Interpretation/Clarification #2008-019 Memorandum dated 08/19/2008. Specifically, there will be untreated ditch flow that enters reaches JH2 and JH4 from upstream, out of the proposed easement, and there is an untreated, lateral ditch that enters JH2 further downstream. Therefore, where these untreated ditches enter the easement boundary, a 120' angle wedge, drawn 50 feet below the easement boundary, were removed from the associated buffer area for crediting purpose (Figure 4). However, these areas of exemption will still be planted and contained within the conservation easement. 3.2.3 Riparian Preservation Activities Preservation will take place in limited forested areas within the Project where existing tree growth was determined adequate, and in accordance with the alternative mitigation option of Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 (o) (5) and the DWR buffer viability assessment (Appendix A2). Specifically, reaches JH1-A and JH1-B contain forested areas that will be preserved (Figure 4). A portion of riparian area off the left bank of JH1-A is mostly mature forest, while selective portions of riparian area along JH1-B contain regenerating forest that has sufficient growth of tree saplings and shrubs that are adequate for preservation. Because these preservation areas are associated with proposed stream restoration under the stream mitigation component of the Project, some of these areas may need to be cleared during construction of the new stream corridor. Therefore, these impacted areas will be planted using the same Strawberry Hill Mitigation Project Buffer Mitigation Plan DMS Project #: 100094 12 July 2020 criteria as restoration areas; however, will still only generate preservation credit. Also, as mentioned above in Section 3.3.1, all recently cleared areas within Zone 1 (0-30 feet) and Zone 2 (31-50 feet) of the existing stream channel are not eligible for riparian buffer credit due to violation of the Neuse Buffer Rules; however, these areas will still be planted and protected within the conservation easement (Figure 4). In addition, preservation activities will include the permanent protection of the riparian area from cutting, clearing, filling, grading, and similar activities that would affect the functioning of the buffer through a conservation easement that will have clearly visible easement markers and signs (see Section 3.5 for further description of the easement boundaries). 3.2.4 Other Activities Other activities involved with the buffer mitigation component of the Project include culvert removal, debris removal, irrigation piping removal, demolition of building structures, and local livestaking (Figure 4). Three culverts currently used as agricultural crossings will be removed in the southern easement section: two on reach JH2 and one at the transition of JH3 to JH5. Upon removal of these culverts, the banks will be graded to match the existing channel dimensions and stabilized. Debris removal will occur throughout the Project where piles of brick and concrete have been used by landowners as makeshift erosion control structures. The debris will be removed from the conservation easement and any remaining rills or areas of concentrated flow entering the easement will be stabilized. Along reaches JH2, JH3, and JH4, there are exposed, abandoned irrigation piping that will be removed from buffer restoration areas and disposed of off -site as well. Along reach JH3, there are abandoned, dilapidated agricultural building structures that will be demolished, and the debris materials will be stockpiled away from the conservation easement for future disposal to be conducted by the landowner. Upon completion of the demolition activities, the riparian area will be planted as specified above in Section 3.3.2. Livestakes will be planted on stream and ditch banks where stability is compromised, such as existing areas of erosion and areas where culverts and irrigation pipe are removed. See Appendix B, S1-S9 for more detail regarding these activities. 3.3 Planting Plan All riparian restoration areas will be planted from top of bank back at least 30 feet from ditches and 50 feet from mitigated streams (and in the case of JH5, the existing stream) with bare root tree seedlings on a nine by six-foot spacing to achieve an initial density of 680 trees per acre. Planting of the Project where riparian buffer restoration is being performed will meet the performance standards outlined in the Rule 15A NCAC 02B .0295. The vegetation data will be collected no earlier than late August of each year. This includes treating invasive species and planting at least four species of native hardwood bare root trees. The buffer mitigation planting plan and species composition will also be consistent with the stream mitigation planting plan. Coastal Plain Small Stream Swamp (Schafale 2012) will be the target community type and will be used for all areas within the Project. This community composition is highly diverse and is suitable for wet tolerances from somewhat wet to very wet that will ultimately prove successful given the Project's soil and landscape characteristics and will provide water quality and ecological benefits. Notably, although bald cypress (Taxodium distichum) is technically considered a softwood tree, it is included in the planting plan due to the significant amount of existing wetland at the Strawberry Hill site and its proven success at other stream, wetland, and buffer mitigation projects with similar site characteristics in Johnston County and the Neuse 01 service area. The initial planting of bare root trees will occur either before Spring 2021 or after November 2021. The list of bare root tree species to be planted Strawberry Hill Mitigation Project Buffer Mitigation Plan DMS Project #: 100094 13 July 2020 and their percentage of total species composition can be found in Table 5. Wherever possible, mature vegetation will be preserved and incorporated into the buffer. Some areas adjacent to the forested areas may require maintenance due to the rapid regeneration of some species, such as red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), and loblolly pine (Pinus taeda). Additionally, the live -stake plantings mentioned above in Section 3.2.4 will consist of black willow (Salix nigra) and silky dogwood (Cornus amomum). Furthermore, the planting plan is depicted in Appendix B, P1. Table 5. Tree Planting List Bare Root Planting Tree Species Species Common Name Spacing (ft) Unit Type Canopy or Sub -canopy % of Total Species Composition Platanus occidentalis American sycamore 9X6 Bare Root Canopy 10 Betula nigra River birch 9X6 Bare Root Canopy 10 Liriodendron tulipifera Yellow poplar 9X6 Bare Root Canopy 10 Taxodium disticum Bald cypress 9x6 Bare Root Canopy 10 Quercus phellos Willow oak 9X6 Bare Root Canopy 10 Quercus michauxii Swamp chestnut oak 9X6 Bare Root Canopy 10 Quercus nigra Water oak 9X6 Bare Root Canopy 10 Quercus laurifolia Laurel oak 9X6 Bare Root Canopy 10 Quercus lyrata Overcup oak 9X6 Bare Root Canopy 10 Nyssa biflora Swamp tupelo 9X6 Bare Root Canopy 10 3.4 Easement Boundaries Easement boundaries will be identified in the field to ensure clear distinction between the Project and adjacent properties. Boundaries may be identified by marker, bollard, post, tree -blazing, or other means as allowed by Project conditions and/or conservation easement. Boundaries will be marked with signs identifying the property as a mitigation project and will include the name of the long-term steward and a contact number. Boundary markers disturbed, 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 and the conditions as well as any maintenance performed will be reported in the annual monitoring reports to DWR. Strawberry Hill Mitigation Project Buffer Mitigation Plan DMS Project #: 100094 14 July 2020 4 MONITORING PLAN 4.1 Monitoring Protocol and Success Criteria Annual vegetation monitoring and visual assessments will be conducted. Riparian vegetation monitoring where riparian buffer mitigation credits are being generated will be based on the "Carolina Vegetation Survey -Ecosystem Enhancement Program Protocol for Recording Vegetation: Level 1-2 Plot Sampling Only Version 4.2". Annual vegetation monitoring will occur each year for a minimum of five years and will be conducted during the fall season with the first year occurring at least 6 months from initial planting. Monitoring plots will be installed a minimum of 100 meters squared in size and will cover at least two percent of the planted mitigation area. The entire planted area of the Project will generate riparian buffer mitigation credits in the form of restoration and preservation; however, only the planted area within the riparian buffer restoration areas will be monitored for vegetative success. Therefore, the creditable restoration planted area is 15.13 acres, and there will be 13 vegetation plots measuring riparian buffer mitigation success. These plots will be randomly placed throughout the planted riparian restoration area and will be representative of the riparian community (Figure 7). The following data will be recorded for all trees in the plots: species, height, planting date (or volunteer), and grid location. All stems in plots will be flagged with flagging tape. The measures of vegetative success for the Project will be the survival of at least four native hardwood tree species, where no one species is greater than 50 percent of stems, at a density of at least 260 stems per acre at the end of Year 5. Native volunteer species may be included to meet the performance standards upon approval by DWR. Invasive and noxious species will be monitored and treated so that none become dominant or alter the desired community structure of the site. Photos will be taken from all photo points each monitoring year and provided in the annual reports. Visual inspections and photos will be taken to ensure that applicable areas are being maintained and compliant. A visual assessment of the conservation easement will also be performed each year to confirm: • Easement markers are in good condition throughout the site; • no encroachment has occurred; • no invasive species occur in areas were invasive species were treated, • diffuse flow is being maintained in the conservation easement areas; and • there has not been any cutting, clearing, filling, grading, or similar activities that would negatively affect the functioning of the buffer. A summary of project monitoring and maintenance activities can be found in Table 6. Strawberry Hill Mitigation Project Buffer Mitigation Plan DMS Project #: 100094 15 July 2020 Table 6. Summary of Project Monitoring and Maintenance Activities Component/ Monitoring Maintenance through project close-out Feature Vegetation Annual Vegetation shall be maintained to ensure the health and vigor of the targeted plant vegetation community. Routine vegetation maintenance and repair activities may include monitoring supplemental planting, pruning, mulching, and fertilizing. Exotic invasive plant species shall be treated by mechanical and/or chemical methods. Any vegetation requiring herbicide application will be performed in accordance with NC Department of Agriculture (NCDA) rules and regulations. Vegetation maintenance activities will be documented and reported in annual monitoring reports. Vegetation maintenance will continue through the monitoring period. Invasive and Nuisance Visual Invasive and noxious species will be monitored and treated so that none become Vegetation Assessment dominant or alter the desired community structure of the Project. Locations of invasive and nuisance vegetation will be mapped. Project Boundary Visual Project boundaries shall be identified in the field to ensure clear distinction between the Assessment mitigation project and adjacent properties. Boundaries will be marked with signs identifying the property as a mitigation project and will include the name of the long- term steward and a contact number. Boundaries may be identified by fence, marker, bollard, post, tree -blazing, or other means as allowed by Project conditions and/or conservation easement. Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced on an as -needed basis. Easement monitoring and staking/ signage maintenance will continue in perpetuity as a stewardship activity. 4.2 Adaptive Management Plan and Project Maintenance Adaptive measures will be developed, or appropriate remedial actions taken if in the event that the project, or a specific component of the project, fails to achieve the defined success criteria. DMS must approve all adaptive management plans prior to submittal to DWR. Remedial actions will be designed to achieve the success criteria specified in this Mitigation Plan, and will include identification of the causes of failure, remedial design approach, work schedule, and monitoring criteria that will consider physical and climatic conditions. Initial plant maintenance may include a one-time mowing, prior to initial planting to remove undesirable species. If mowing is deemed necessary by RES during the monitoring period, RES must first receive approval by DMS and then by DWR prior to any mowing activities to ensure that no buffer violations will be committed. Failure to receive approval to mow within the Neuse River buffer, as defined in 15A NCAC 02B .0233 by DWR, could result in Neuse River buffer violations and violations of the conservation easement. If necessary, RES will develop a species -specific control plan. Strawberry Hill Mitigation Project Buffer Mitigation Plan DMS Project #: 100094 16 July 2020 5 STEWARDSHIP The Project will be transferred to the NCDEQ Stewardship Program. NCDEQ Stewardship Program shall serve as the conservation easement holder and entity responsible for long term stewardship of the Project. This party shall serve as conservation easement holder and long-term steward for the property and will conduct periodic inspection of the Project to ensure that restrictions required in the conservation easement are upheld. The NCDEQ Stewardship Program is developing an endowment system within the non - reverting, interest -bearing Conservation Lands Conservation Fund Account. The use of funds from the Endowment Account will be governed by North Carolina General Statute GS 113A-232(d)(3). Interest gained by the endowment fund may be used for the purpose of stewardship, monitoring, stewardship administration, and land transaction costs, if applicable. The Stewardship Program will periodically install signage to identify boundary markings as needed. Any livestock or associated fencing or permanent crossings will be the responsibility of the owner of the underlying fee to maintain. Strawberry Hill Mitigation Project Buffer Mitigation Plan DMS Project #: 100094 17 July 2020 6 REFERENCES Endangered Species Act of 1973. Public Law 93-205, 87 Stat. 884. 16 USC 1531-1543, Environmental Laboratory. (1987). U.S. Army Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1. U.S. Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. FEMA (Federal Emergency Management Agency). 2018. FEMA Flood Map Service Center. North Carolina Panel 2602; map number 3720260200K, effective 6/20/2018. Fish and Wildlife Coordination Act of 1934. Public Law 85-72, 79 Stat. 216. 16 USC 661-667(d). Lee, T.L, Peet, R.K., Roberts, S.D., and Wentworth, T.R. 2006. CVS-EEP Protocol for Recording Vegetation, Version 4.2. http://cvs.bio.unc.edu/protocol/cvs-eep-protocol-v4.2-levl-2.pdf. National Historic Preservation Act of 1966 (as amended Section 106). 16 USC 470. 36 CFR 800, 23 CFR 771, 36 CFR 60, 36 CFR 63. NCDENR. 2010. "N.C. Wetland Assessment Method User Manual Version 4. L" N.C. Wetland Functional Assessment Team. NCDWQ (North Carolina Division of Water Quality). 2011. A Guide to Surface Freshwater Classifications in North Carolina. Raleigh. http://portal.ncdenr.org/c/document_ library get file?p 1 id=1169848&folderld=2209568&name=DLFE-35732.pdf, accessed January 2018. NCDWQ. (North Carolina Division of Water Quality). 2010. Methodology for Identification of Intermittent and Perennial Streams and Their Origins. Version 4.11. Raleigh. NC Environmental Management Commission. 2014. Rule 15A NCAC 02B.0295 - Mitigation Program Requirements for the Protection and Maintenance of Riparian Buffers. NCNHP (North Carolina Natural Heritage Program). 2019. Natural Heritage Element Occurrences. June 2019. Schafale, M.P. 2012. Classification of the Natural Communities of North Carolina, Fourth Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDENR, Raleigh, NC. U.S. Army Corps of Engineers (USACE). 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0), ed. J. S. Wakeley, R. W. Lichvar, and C. V. Noble. ERDC/EL TR-10-20. Vicksburg, MS: U.S. Army Engineer Research and Development Center. United States Department of Agriculture (USDA) - Natural Resources Conservation Service (MRCS). 1994. Soil Survey of Johnston County, North Carolina. USDA-NRCS. 2014. Web Soil Survey GIS Data .http://websoilsurvey.sc.egov.usda. og v/App/HomePa.e� accessed March 2020. Strawberry Hill Mitigation Project Buffer Mitigation Plan DMS Project #: 100094 18 July 2020 USFWS (United States Fish and Wildlife Service). 2015. Information, Planning, and Conservation (IPAC) Online Screening Tool. https://ecos.fws.gov/ipac/; accessed June 2019. Strawberry Hill Mitigation Project Buffer Mitigation Plan DMS Project #: 100094 19 July 2020 Figures i a, "E :. al 97 k l.I I :':P Union Hope 97 ff�� L` J Z ulon 261 7° Lizard lick a a -,.I-�] Ea le Rock -ri g Middlesex xeA :•" H 11 1 !{nightdale — Raleigh Wendell Bailey Angelview Slms - •:�irr 1. •,' kr.r Shotwell G E _ Garner —+ 7° Auburn f� Archer Lodge Jordan ® Q Elloams ossroads Claryton ax Powhalan 7p r sa �i Ker.l'; Wllsons Mills 39 O — G�9 o Micro Willow Springs k i rr•I Selma Imo' McGee Q Crossroads Ito Smithfield Pone Level hsltt.nt 71 ❑ 7f7 P kti , Oliver e A. 9 Princeton s Four Oaks 70 �` Q 3pr ® :fhitley Place �p Rosewood ❑3t' ses L, Strawberry Hill Mitigation Project Goldsb B nson 0 55 117 7t71 urlington Bentonville a°t Mar -Mac y �4rs ,, "Win Peacocks Crossroads Dunn 55 Grantham Brogden exs Newton Grove Legend Hcpew Proposed Easement 3 ss suttontown M; I:vc Neuse River Basin - 03020201 will 5a " Figure 1 - Service Area Date: 612412020 Drawn by: MDD Strawberry Hi!! es s Mitigation Project Checked by: JRM 0 2.5 5 Johnston County, North Carolina inch = 5 miles 91411� Stich � glnrn:h Green ChapO Misslarrary Baptisl Church O'O9oerr a Legend Proposed Easement ffKi 2- KD-s Carls Sevens Sausage Co.. IRc7-7 r Fz,a " Figure 3 - Project Vicinity Dale: 611612020 . . r Drawn by MD❑ Strawberry Hill res 8 Mitigation Project Checked by: JRM 0 600 1.000 t inch = 1,000 feet Feel Johnston County, North Carolina Replace Culvert Crossing •�' ✓� 1.- Remo�r Ci.i! �crts. yL * Demolish Buildiru; IA Legend Proposed Easement (22.12 ac.) - Proposed Top of Bank R1parian Buffer Mitigation Approach Restoration, 0-100' Restoration, 101-200' Restoration (Ditch), 0-50' Preservation, 0-100' Preservation, 101-200' h Remove Abandoned Irrigation Pipe yvi Debris, such as brick and concrete piles, scattered throughout the Project area, will be removed and disposed of off -site. See Appendix B, S1-S9 for locations of these areas and more detail regarding removal activities. " Figure 4 - Buffer Mitigation Conceptual Dale: 612412020 w 8 Strawberry Hill Drawn by: MDD res A111W 0 250 S:i:i Mitigation Project Checked by: JRM finch =500feet FaP[ Johnston County, North Carolina Le-gend Proposed Easement (22.12 ac) Proposed Top of Bank Planting Area Fixed Vegetation Plots Stream and Buffer Buffer Only Riparian Buffer Mitigation Approach Restoration, 0-100' Restoration, 101-200' Restoration (Ditch), 0-50' Preservation, 0-100' Preservation, 101-200' WAMaXi -7- IRA", A - Figure 7 - Buffer Monitoring Plan Date 6124)2020 Strawberry Hill Drawn by: MDD res Mitigation Project Checkedby: JRM Johnston County, North Carolina 1 inch = 500 feet 1 0 Appendix Al Buffer Credit Calculation Table A. [Strawberry Hill], (OMSft 1000941, Project Credits Neuse 03020201. Outside Fails Lake Project Area N Credit Conversion Ratio lft'/pound] P Credit Conversion Ratio (Ftl/ ound) 19.16394 N/A Creditrype Location Subjed7 (enter NO if eptlemerdl or r Feature Type Midgatlan Activity Min -Max Buffer Width {ft} Feature Name Total Area (ft } Total {Creditabte} Area of Buffer Mitlgat[on {ft'1 Initial Credit Ratio 1x-1) % Full Credit Final tredlt Ratio Ix:ll Convertible to Riparian Buffer? Riparian Suffer Credits convertible to Nutrient offset? Delivered Nutrient Offset: N jib I 1 Delivered Nutrient Offxei: P Ibs I } Buffer Rurai No Ditch Restoration 0.50 JH2, JH3, IH4 146,626 146.626 1 100% 1A0000 N/A 146,626.000 N/A 7,651.141 — Buffer Rural Yes I / P Restoration 0-100 1H 1, JH5 495,540 496,540 1 100% 1.00000 N/A 496540.000 N/A 25.910.121 — Buffer Rural Yes I/P Restoration 101.200 )HI, JHS 16,097 15,097 1 33% 3-03030 N/A 5,312.015 N/A 839.963 — Totals: 659,263 659,263 Enter Freservation Credits Below Elieible for Preservation Ift'1: 219,754 Credit Type location Subject] Feature Type Mittdathn Activity Min -Max Buffer VAdth (tt} Feature Name Total Area lsfl Total lCreditalse} Area for buffer r Mitigation {N J Initial Credit 8atfv 1x:1} %Full Credit !:foal Credit Ratio (x:l) Riparian Buffer Cred[is Bvfer Rural Yes I I P Preservation 0-100 JH1, JH5 30,893 801893 10 100% 10.00000 8.089.300 Rural Yes I / P 101.200 Im 1, JH5 792 792 10 33% 30-30303 26.136 — Preservation Area Subtotal lft'):J 81,685 Preservation as %Total Area of Buffer Mitigation: 9.3% Ephemeral Reaches as %Total Area of Buffer Mitigation: 0.u45 1. The Randleman Lake buffer rules allow some ditches to be Classified as subject according to LSA NCAC 0i0.0250151(a)- last u pd ated 01/17/2020 TOTALAREA OF BUFFER MITIGATION (TA BM) Mitigation Totals Square Feet Credits Restoratlon: 659,263 649,478.015 Enhancement: 0 0,000 Preservation: 81,685 8,115,436 Total Riparian Buffer: 740,948 656,593-ASl TOTAL NUTRIENT OFFSET MITIGATION Mitigation Totals I Square Feet Credits Nutrient Offset: Nitrogen: Phosphorus: 0 0.000 0.000 Appendix A2 Buffer Viability