20080229 Ver 1_Mitigation Bank Approval_20070409

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Monte K. Matthews
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
Dear Mr. Matthews:
March 16, 2007
APR 8 2007
UEN R - WATER QUALITY
WT1 M AND STORMWATER BRANCH
The U. S. Fish and Wildlife Service (Service) has reviewed the final mitigation plan for the
proposed Forrest Creek Mitigation Bank (FCMB) in Orange County, North Carolina. The plan
was included in a document prepared for Mid-Atlantic Mitigation, LLC, and released in
February 2007. The document also contains the Mitigation Banking Instrument (MBI). The
MBI represents an agreement to establish the FCMB. This agreement would be formalized by
the signature of the Service and the other members of the Mitigation Bank Review Team
(MBRT) on a sheet provided at the end of the MBI. We also received an e-mail on February 20,
2007, from Todd St. John of Kimley-Horn and Associates requesting that the Service sign the
agreement to establish this bank.
We noted the concerns of both the U. S. Environmental Protection Agency and the North
Carolina Wildlife Resources Commission expressed in December 2006 regarding consistency of
the proposed credit release schedule with that given in, the Interagency Stream Mitigation
Guidelines. Our review indicates that current MBI is now consistent with the guidelines.
Throughout the planning process, the Service has emphasized the need to ensure the proper
revegetation of the riparian area through the selection of target communities and vegetative
success criteria. While the final mitigation plan could contain more details on re-establishing
riparian vegetation, the proposed plan is acceptable. The plan states (p. 14) that "a majority
(80%) of the target species should be present in the reforestation area in numbers and condition
conducive to continuing the species through the maturation of the community." We assume that
if ten species were planned for the restored community, at least eight species would be required
to survive in a condition indicating a strong likelihood that the species would be present in the
mature community. Furthermore, we believe that if the invasive species are controlled, as
indicated in the plan (p. 14), native plants communities will have an opportunity to become
established within the riparian corridors of the bank.
i Therefore, the Service approves the MBI and I have enclosed a signed agreement sheet. The
Service appreciates the opportunity to serve on the MBRT for this bank. If you have further
questions regarding the Service position on this project, please contact Howard Hall at 919-856-
4520, ext. 27 or by e-mail at < howard hallgfws.gov >.
gereSi
Pete Bgam n
Field Supervisor
Enclosure
cc: (without enclosure)
Richard Mogensen, Mid-Atlantic Mitigation, LLC, Concord, NC
Shari Bryant, NCWRC, Sedalia, NC
Ian McMillian, NC Division of Water Quality, Raleigh, NC
Rebecca Fox, USEPA, Whittier, NC
Kathy Matthews, USEPA, Durham, NC
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 27, 2007
Mr. Monte Matthews
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of Neuse Road, Suite 120
Raleigh, NC 27615
Re: Forrest Creek Mitigation Bank
Orange County, North Carolina
Mitigation Banking Instrument
USACE Action ID SAW-2005-21199
Dear. Mr. Matthews:
Enclosed is the executed copy of the Mitigation Banking Instrument signature page for the Forrest Creek
Mitigation Bank.
Please feel free to contact me at [phone] if you have any questions regarding this project.
cc: File Copy (Eric Kulz)
Central Files
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http•//h2o enr state.nc.os/ncwetiands
No?c hCarolina
aturldff
?l
(Version 2.1 February, 2007)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement To Establish The Forrest Creek Mitigation Bank In Orange County, North
Carolina":
U.S. Environmental Protection Agency:
By: Date:
U.S. Fish and Wildlife Service:
By:
N.C. Division of Water Quality:
By:
N.C. Wildlife Resources Commission:
Date:
Date: ?5-) -) -7 -DoC)
By:
Date:
11
??? Kimley-Horn
and Associates, Inc.
Transmittal
FEB 2 3 2007
DEW - WATER QUALITY
WYETLANOSAX STORMWATERBRANCH
Date: 2-22-07
Project Name: Forrest Creek Mitigation Bank
To: Ian McMillan and Larry Eaton
NC Divison of Water Quality Wetlands Unit
2321 Crabtree Boulevard
Suite 250
Raleigh, NC 27604
We are sending these by
? U.S. Mail
? Other
We are sending you
® Attached ? Under separate cover via the following items:
? Shop drawings ? Prints/Plans ? Samples ? Specifications ? Change Orders
? Other
Copies Date No. Description
1 2/22/07 MBI and Mitigation Plan
P.O. Box 33068
Raleigh, North Carolina
27636-3068
TEL [phone]
FAX [phone]
Job Number: 012857004
These are transmitted as checked below:
? For your use ? Approved as submitted ? Resubmit' ? Copies for approval
? As requested ? Approved as noted ? Submit ? Copies for distribution
? For review and comment ? Returned for corrections ? Return ? Corrected prints
Remarks: Here is a hard copy of the final MBI. Hopefully it is ready for signatures.
Copy to: File
® FedEx
? Hand Delivery
Signed: Todd St. John

Mid-Atlantic
Mitigation, LLC
AN EARTHMARK COMPANY
October 24, 2005
Mr. Ian J. McMillan, GISP
Environmental Specialist III
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
Dear Ian:
Attached is the Prospectus for the Forrest Creek Stream Mitigation Bank. Sorry this
didn't get to you earlier. I look forward to meeting with you on Thursday.
1
The only things that are not included are the stream data sheets which can be supplied if
you need them.

, ' - -
Richard K Mogensen
Director, d-Atlantic Mitigation, LLC
(an EarthMark Company)

; €°Y
?-`X?k'(ER BRANCH
k s
FORREST CREEK
MITIGATION BANK PROSPECTUS
Orange County, North Carolina
Neuse River Basin
Hydrologic Unit Code 03020201
August 2005
Prepared by:
M i d- A t l a n t i c
INi i t i g a t i o n, I. L C
A ST EARTHMAR& COINSPAIN
with Technical Assistance from:
nMULKEY
Table of Contents
1.0 Introduction .............................................................................................................. 2
2.0 Regulatory Agency Involvement .............................................................................. 2
3.0 Bank Goals and Objectives ....................................................................................... 2
4.0 Ownership of Bank Lands ........................................................................................ 3
5.0 Bank Size and Criterion of Resources Proposed for Inclusion in the Bank............ 4
6.0 Description of Baseline Conditions at the Bank Site ............................................... 4
6.1 Site Description .................................................................................................................4
6.2 Geology ...............................................................................................................................4
6.3 Soils ......................................................................................................................................5
6.4 Water Resources / Site Hydrology .................................................................................5
.................
6.5 Existing Vegetation and Invasive Species .....................................................
6.6 Jurisdictional Streams and Wetlands ...............................................................................6
6.7 Flood Mapping ...................................................................................................................6
6.8 Cultural Resources .............................................................................................................7
6.9 Protected Species ...............................................................................................................7
6.10 Environmental Issues .....................................................................................................7
7.0 Geographic Service Area ........................................................................................... 7
8.0 Aquatic Resource Impacts Suitable for Compensation ........................................... 8
9.0 Methods for Determining Credits and Debits ......................................................... 8
10.0 Accounting Procedures ........................................................................................... 8
11.0 Performance Standards for Determining Credit Availability and Bank Success.... 8
12.0 Reporting Protocols and Monitoring Plans ............................................................ 9
12.1 Stream Success Criteria ...................................................................................................9
12.2 Vegetation .........................................................................................................................10
12.3 Frequency .........................................................................................................................10
12.4 Monitoring Data ..............................................................................................................10
12.5 Reporting ..........................................................................................................................11
12.6 Noxious Species ...............................................................................................................11
13.0 Contingency and Remedial Actions and Responsibilities ......................................11
14.0 Financial Assurances ...............................................................................................11
15.0 Provisions for Long-Term Management and Maintenance ...................................11
List of Figures
Figure 1. Vicinity Map
Figure 2. Aerial Photography & Parcel Boundaries
Figure 3. Soils
Figure 4. Flood Mapping
Figure 5. Conceptual Design
List of Appendices
Appendix A. Stream Data Worksheets
Appendix B. Proposed Restoration Summary
Appendix C. Photo Log
Forrest Creek Mitigation Banking Pm rpeaws Orange County, North Caroana
Mid Atlantic Mitigation, LLC
1.0 Introduction
Mid-Atlantic Mitigation, LLC, an EarthMark Company respectfully submits this prospectus for the
mitigation banking agreement associated with the Forrest Creek Mitigation Bank (Bank) in Orange
County, North Carolina. The project intends to restore and preserve approximately 10,200 linear
feet of Forrest Creek and its associated tributary. The purpose of this mitigation is to provide the
North Carolina Ecosystem Enhancement Program (EEP) and/or other potential unknown
permittees with mitigation credits needed to compensate for unavoidable impacts to jurisdictional
streams within the Neuse River Basin (HUC 03020201). The intent of this prospectus is to provide
regulatory agencies with sufficient information on the establishment and operation of the Bank and
to initiate regulatory review through establishing a Mitigation Bank Review Team (MBRT) with its
sponsor, Mid-Atlantic Mitigation. It is expected that this prospectus will be the basis of a formal
Mitigation Banking Instrument (NMI).
This Bank offers the opportunity to greatly enhance and improve the ecological conditions of the
regional watershed. The Bank will provide viable and sustainable ecological and hydrological
functions for the proposed mitigation bank service area. It will be effectively managed in perpetuity
and will not impact or degrade any areas with high ecological value. Due to the existing conditions,
the site has a very high probability of meeting the prescribed success criteria, while also meeting the
requirements of all other applicable federal and state laws. The adjacent land uses will not adversely
affect the perpetual viability of the mitigation bank. This prospectus details the above-mentioned
information as it relates to the site. The sponsor, Mid-Atlantic Mitigation, does not anticipate any
problems meeting the prescribed financial responsibility requirements.
2.0 Regulatory Agency Involvement
According to CFR Vol. 60, No. 228 entitled Federal Guidance for the Establishment, Use and
Operation of Mitigation Banks, it is expected that the following federal and state agencies may
comprise the MBRT.
Federal: US Army Corps of Engineers (USACE) - Chair
US Environmental Protection Agency (CTSEPA)
US Fish and Wildlife Service (IJSFWS)
Natural Resources Conservation Service (MRCS)
State: NC Department of Environment and Natural Resources (DENR)
NC Division of Water Quality (DWQ)
NC Wildlife Resources Commission (WRC)
3.0 Bank Goals and Objectives
The Bank is part of HUC 03020201 located in Orange County near Hillsborough, North Carolina
(Figure 1). The project area is situated in its entirety, within the Piedmont Physiographic Province.
Ultimately, the Bank will improve the overall function, habitat, and integrity of the Forrest Creek
channel and floodplain. The mitigation plan will include the restoration (including the dimension,
pattern, and profile) and the enhancement of Forrest Creek and one of its tributaries. Narrow areas
Forrert Creek Mitigation Banking Pm+peetus, Orange County, North Camlina
Mid Atlantic Mitigation, LLC
of riverine wetlands may be restored and/or created for additional habitat diversity in areas of the
old, abandoned channels.
The objective of the restoration plan is to restore the
primary stream and wetland functions and values
associated with nutrient removal and transformation,
sediment retention, flood-flow attenuation, and wildlife
(both aquatic and terrestrial) habitat. In particular, the
Bank provides an opportunity to restore and preserve a
substantial riparian zone on lands that have been
historically used for pasture, as noted on the aerial
photograph of the site (Figure 2). Water budgets
including HEC-RAS and any other appropriate models
will be prepared for the site to verify that conditions are favorable for the proposed stream
mitigation area.
Stream restoration will follow methodologies consistent with natural channel design protocols. In
addition, riparian buffers ranging from 50 to 150 feet in width will be established along both sides of
Forrest Creek and its tributary. The buffers help to filter pollutants and nutrients before entering the
channels. This, along with stream restoration will aid in reducing the overall sediment inputs at the
site, as well as downstream. In addition, cattle from the on-going dairy farm will be effectively
fenced out of the project area. This willreduce nutrient loading and bank erosion. Restoration of the
channels will include changes to the dimension, pattern and overall profile. Natural structures
consisting of rock cross vanes, single-arm rock vanes and rootwads will assist in channel stabilization
and provide habitat for wildlife, both aquatic and terrestrial. Floodplain benches will be established
along both sides of the channels to provide an area for flood attenuation. As a result, more area will
be available for flood storage without the increase of flood elevations.
4.0 Ownership of Bank Lands
The Bank covers three parcels owned by Milton A. Latta & Sons Dairy Farms, Inc. The landowner
has agreed to allow the stream restoration and to place the land under a conservation easement so
that the site will be protected in perpetuity. Specific information regarding the ownership status is
provided in the chart below. Parcel locations are presented on Figure 2.
Pin No. Total Acreage of Tract -Tract
Current Owner Address
:: No.
Milton A Latta & 3200 Edmund Latta 257.24 Total 255370
Sons Dairy Road, Hillsborough, 9876497735 (Only floodplain acres will be purchased)
Farms, Inc. NC, 27278
9877601770 69.82 Tota;1 228743
Onl flooain acres will be purchased)
9876678660 65.88 Total 265322
(0nty flondolain acres will be purchased)
Forrest Creek Mitigation Banking Pmxpectus, Orange County, North Carolina
Mid Atlantic Mitigation, LLC
5.0 Bank Size and Criterion of Resources Proposed for Inclusion in the Bank
The proposed bank size covers nearly 10,200 linear feet of stream channel associated with Forrest
Creek and one of its tributaries. The Forrest Creek channel is denoted as a perennial "blue line"
stream on the US Geological Survey (USGS) 7.5 Minute Topographic Quadrangle maps Caldwell
and Hillsborough, NC and the Orange County Soil Survey (Dunn, 1977). The unnamed tributary of
Forrest Creek is also shown on both the USGS and the Soil Survey maps. Mid-Atlantic Mitigation
estimates that approximately 6,800 linear feet of restoration and 3,400 linear feet of stream
preservation exist within the site's boundaries.
There are presently no wetlands classified by the USFWS National Wetland Inventory on site. The
majority of the site consists of pastureland. A recent, unverified wetland delineation found one
wetland area along the extreme northwestern portion of the property. This area may be included in
the MBI as preservation. It covers approximately two acres and is associated with the Forrest Creek
channel.
6.0 Description of Baseline Conditions at the Bank Site
6.1 Site Description
The Bank is located approximately seven miles
northeast of Hillsborough and six miles
northwest of Durham in northeastern Orange
County, North Carolina (Figure 1). Specifically,
the site is situated along both sides of Edmund
Latta Road. The site is characterized by a variable
floodplain associated with Forrest Creek which is
bordered by moderately sloping terrain along
both sides. Forrest Creek transects the site in a
southeasterly direction. The creek and one of its
unnamed tributaries drain the majority of the
area associated with the site. Elevations range
from a high of 620 feet above mean sea level at
the northwestern site boundary, west of Edmund
Latta Road, to a low of approximately 600 feet above mean sea level in the Forrest Creek floodplain,
downstream of the Edmund Latta Road crossing. Its drainage area covers approximately 3.3 square
miles. The primary land use within the study area is pastureland with active cattle grazing.
6.2 Geology
The site is located in the Piedmont physiographic province and is composed of metavolcanic rocks
of the Carolina slate belt and eastern slate belt. According to the NC Division of Land Resources
(NCDNR,1985), the Bank is underlain by felsic metavolcanic rock with mafic and intermediate
volcanic rocks. Moderately wide to narrow, rolling, interstream divides, intermixed with steeper
slopes along well-defined drainage ways, characterize the landscape.
Forrest Creek Mitigation Banking Prospectus, Orange County, North Carolina
MldAtlanticMitigation, LLC
6.3 Soils
The soils underlying the site and adjacent areas are mapped as the Georgeville-Herndon association,
comprised of gently sloping and sloping, well drained soils that have a surface layer of slit loam and
a subsoil of clay loam, silty clay, silty clay loam, and clay (Dunn, 1977).
Based on the soil survey of Orange County, Chewacla soils dominate the floodplain areas associated
with Forrest Creek and its unnamed tributary (Figure 3). Chewacla soils are classified by the NRCS
as fine-loamy, mixed, active, thermic Fluvaquentic Dystrudepts. These soils are somewhat poorly
drained soils formed in recent alluvium on nearly level floodplains along streams that drain from the
Mountains and Piedmont physiographic provinces. Slopes range from 0 to 2 percent. Chewacla soils
are noted as Hydric B soils (MRCS, 2000).
6.4 Water Resources / Site Hydrology
Forrest Creek and its tributary are part of the upper Neuse River Basin, situated within US
Geological Survey (USGS) Hydrologic Unit Codes (RUCs) 03020201020020 (USGS 14 digit) and
03020201 (USGS 8 digit), and NC Division of Water Quality (NCDWQ) subbasin 03-04-01. Forrest
Creek is a third order stream that enters the site from the northwest and flows in a southeasterly
direction approximately 8,000 linear feet across the site. One unnamed tributary enters Forrest
Creek from south within the project area. Upstream of the site, Forrest Creek collects surface
hydrology from several unnamed tributaries. The calculated drainage area of Forrest Creek is
approximately 3.3 square miles. Further downstream of the site, Forrest Creek empties into South
Fork Little River, which converges with North Fork Little River to form the Little River north of
Durham. The Little River ultimately drains into the Neuse River.
According to the North Carolina Department of Environment and Natural Resources (NCDENR,
1999), South Fork Little River exhibits an Index of Biotic Integrity (NCIBI) rating of "Excellent."
No ratings are available for Forrest Creek. This excellent rating was issued in 2000 and incorporates
information about species richness and composition, indicator species, trophic function, abundance
and condition, and reproductive function. The ratings are translated into use support ratings, which
denote that the South Fork Little River is supporting. This information was taken at SR 1461
approximately 10 miles downstream of the site. The surface water classification of South Fork Little
River, including Forrest Creek and its tributaries, is Class"WS-11, 14QW, NSW (NCDENR, 2002). It
should be noted however, that the actual condition of Forrest Creek does not reflect this
classification. The creek is severely degraded, lacks effective cattle exclusion, and has little to no
riparian buffers along this reach. This project should assist with providing additional protection to
the overall watershed.
6.5 Existing Vegetation and Invasive Species
The vegetation at the project site is separated into two major groupings. These groupings are based
primarily by topographical position and current land use. The first grouping covers the sparsely
distributed riparian vegetation found along the Forrest Creek channel and floodplain. Dominant
species include hackberry (Celtis laevigata), tulip poplar (Liriodendmn tulipifera), sycamore (Platanus
nccidentalis), eastern red cedar (juniperus virginiana) and sweetgum (Liguidambar s!yraciflua). The second
grouping pertains to the pasture area surrounding and in some cases, bordering Forrest Creek. This
grouping consists of mainly herbaceous species including fescue (Festuca sp.) and other grasses and
weeds.
Fomst Creek Mitigation Banking Prospectus, Orange County, Nortb Carolina
Mid Atlantic Mitigation, L LC
Invasive, or non-native species, are present across the project site. Species including privet (Ligustrum
sinense), multiflora rose (Rosa multiflora), and Japanese honeysuckle (Lonicera jaPonica) were observed
throughout the floodplain and in the pasture areas. Box elder (Acer negundo), a native, highly
competitive species, was noted across the floodplain in the areas not affected by grazing. As part of
the restoration plans, these invasive species will be treated and controlled within the Bank
boundaries.
6.6 Jurisdictional Streams and Wetlands
Forrest Creek is considered as a third order stream, while the tributary is first order. They both
classify as "G" and/or "F" stream types, using the Rosgen stream classification system. These
stream types are entrenched and exhibit signs of high shear stress through each stream reach. Active
erosion is present throughout both of the stream channels.
Due to the small drainage area and relative size of the tributary at the site, Mid-Atlantic Mitigation
has completed stream determination forms and water quality assessment worksheets for each of the
reaches. The tributary has been severely impacted by cattle trampling and grazing, and in most cases,
there is no obvious channel. Flow has persisted in this channel the majority of the time; however, no
persistent flow was present during the latest site visit. The determination of intermittent versus
perennial will be made based on comments from the MBRT. The results of the assessment are
provided in the chart below. The actual worksheets are provided in Appendix A.
Stream Name NCDWQ Score' USACE Score2
Forrest Creek 55.75 29
Unnamed Tributary - upper portion 25.75 18
Unnamed Tributary - lower portion 32.25 24
Notes.• Sources: NCDWQ (2005) and USACE (2005)
t NCDWQ Stream Identification Form Version 3.1. Stream is intermittent if range is between 19 and 30 points and
perennial if range is greater than or equal to 30 points.
2 USACE Stream Quality Assessment Worksheet.
The US Army Corps of Engineers (USACE) and NC
Division of Water Quality (NCDWQ) will verify the
existing streams and wetlands at the site. This
verification will be conducted as part of the
Restoration Plan approval and permitting. Forrest
Creek and one of its tributaries fall under the
jurisdictional requirements issued by both the
USACE and NCDWQ. Mid-Atlantic Mitigation has
determined that jurisdictional wetlands exist within
the Forrest Creek floodplain upstream of the
Edmund Latta Road crossing. These wetlands and
associated stream channel will likely be preserved as part of the mitigation bank. No wetlands exist
within the proposed restoration areas due to the existing landuse, current vegetation and soil types.
6.7 Flood Mapping
Portions of the Bank, including the channel of Forrest Creek and its immediate floodplain are
located within the newly determined Federal Emergency Management Association's (FEMA's)
Force t Creek Mitigation Banking PmrpecNs, Orange County, North Camlina
Mid Atlantic Mitigation, LLC
designated floodway and approximate 100-year flood boundary. These areas are inundated by the
100-year flood. As a result, permitting may require the completion of a Conditional Letter of Map
Revision (CLOMR) be completed prior to construction. A copy of the FEMA map is provided in
Figure 4. This copy has not been revised with the new designations.
6.8 Cultural Resources
A review of properties to be determined eligible for the National Register of Historic Places at the
State Historic Preservation Office (SHPO) was conducted for the study area and surrounding areas.
According to the files, there are no National Register properties within a one-mile radius of the
study area. In addition, the SHPO Archaeological Section was contacted in order to determine if
documented archaeological sites occur at or near the study area. No sites were identified within a
one-mile radius of the study area. Mid-Atlantic Mitigation will obtain a clearance letter from the
SHPO prior to implementing the restoration plan.
6.9 Protected Species
According to the US Fish and Wildlife Service (USFWS), there are four endangered species (red-
cockaded woodpecker, dwarf wedge mussel, Michaux's sumac, and smooth coneflower) and thirteen
federal species of concern (Carolina darter, Carolina redhorse, Atlantic pigtoe, brook floater,
Carolina well diacyclops, Green floater, savanna lilhput, yellow lampmussel, butternut, creamy tick-
trefoil, sweet pinesap, Torrey's mountain-mint, and a liverwort) potentially occurring in Orange
County. In addition, The NC Natural Heritage Program (NCNHP) identifies another 10 species
listed as endangered, threatened, or of special concern species also potentially occurring in the
county. A review of the NCNHP database of documented occurrences did not reveal the presence
of any of the aforementioned species within a one-mile radius of the site. Preliminary field
investigations did not identify suitable habitat for any of the species listed as federally endangered or
federal species of concern. Additional investigations will be conducted for each of these species and
their appropriate habitat requirements as part of the Restoration Plan. A Section 7 (ESA) clearance
will be obtained prior to restoration activities.
6.10 Environmental Issues
The Mid-Atlantic Mitigation Team obtained preliminary data from Environmental Data Resources,
Inc. (EDR) regarding the potential for on-site or nearby sources of contamination. EDR maintains
an updated database of current and historical sources of contamination. All storage tanks, whether
above-ground or underground are identified, as well as superfund sites, landfills, hazardous waste
sites, and other potential hazards. No sites exist on their database within a one-mile radius of the
site.
7.0 Geographic Service Area
The Bank is situated within the upper Neuse River Basin, sub-basin 17, Hydrologic Unit Code
03020201, which corresponds to NCDWQ sub-basin 03-04-01. The drainage area of the site is
approximately 3.3 square miles. The geographic service area is proposed to include the entire upper
Neuse River Basin (HUC 03020201).
Forrest Cmek Mitigation Banking Pro*eaws Orange County, North Camhna
Mid Atlantic Mitigation, LLC
8.0 Aquatic Resource Impacts Suitable for Compensation
The proposed designs for the Bank will entail stream restoration, stream preservation and wetland
preservation. Wetland restoration, enhancement and/or creation credits may also be available once
designs are completed. The stream mitigation aspect will account for stream impacts and/or losses
throughout the basin. Initially, wetland mitigation will consist primarily of preservation, but this may
be revised as restoration plans are developed. Mid-Atlantic Mitigation and the MBRI" will determine
the actual formula for compensation, since only minor amounts of restoration and/or creation will
be proposed. A proposed restoration summary is presented in Appendix B and shown in Figure 5.
9.0 Methods for Determining Credits and Debits
According to the US Army Corps of Engineers (LJSACE), Stream Mitigation Units (SMUs) are
determined by using the formula [SMU = (Restoration/ 1.0) + (Enhancement Level I/1.5) +
(Enhancement Level II/2.5) + (Preservation/5.0)] as noted in the Stream Mitigation Guidelines
(USACE, 2003). The Bank exhibits approximately 6,800 linear feet of restoration and 3,400 linear
feet of stream preservation. The following chart relates existing linear footage and anticipated SMUs
for the Bank.
Proposed Mitigation Type Linear Feet SMU Formula
Stream Restoration (Forrest Creek channel 4,300 4,300
Stream Preservation (Forrest Creek channel 3,400 680
Stream Restoration (Forrest Creek tributary) 2,500 2,500
TOTALS 10,200 7,480
The preservation and restoration of streams and preservation of wetlands associated with the Bank
will follow guidelines established by the USACE, Wilmington District. Mitigation bank wetland
credits, if available, will be calculated using the following methodology:
Restoration Acres (R) _ (1:1)
Enhancement Acres (E) _ (2:1)
Creation Acres (C) _ (3:1)
Preservation Acres (P) = (5:1)
10.0 Accounting Procedures
Mid-Atlantic Mitigation will maintain an annual bank ledger and will submit to the MBRT a
statement including the number of mitigation credits, dates awarded and the permit or file number
from the appropriate regulatory agency for each transaction. The report will be submitted within two
weeks of credit transfer.
11.0 Performance Standards for Determining Credit Availability and Bank Success
All mitigation plans and banking agreements will be submitted to the MBRT for approval prior to
bank transactions. Approval will require a demonstration of financial and legal assurances to create
and operate the mitigation bank by the bank sponsor. Monitoring will be performed for five years or
until success criteria are met. Monitoring is proposed for stream dimension, pattern and profile, as
Forrest Creek Mitigation Banking Pmspertus, Orange County, North Carolina
Mid Atlantic Mitigation, L LC
well as riparian buffer vegetation. The monitoring plan will be designed in accordance with USACE
protocols.
Success criteria for stream mitigation sites are based on guidelines established by the USACE, US
Environmental Protection Agency (USEPA), NC Wildlife Resources Commission (NCWRC) and
the NCDWQ. These guidelines establish criteria for both hydrologic conditions and vegetation
survival.
Stream channel monitoring will determine the degree of success a mitigation project has achieved in
meeting the objectives of providing proper channel function and increased habitat quality.
Monitoring will be performed each year for the 5-year monitoring period and no less than two
bankfull flow events must be documented through the monitoring period. The bankfull events must
occur during separate monitoring years. In the event that the required bankf ill events do not occur
during the 5-year period, consultation with the MBRT and other resource agencies will be
conducted. The monitoring will include reference photos and channel stability analyses, unless
otherwise directed by the MBRT.
Vegetation success at the mitigation site will be measured by survivability over a five year monitoring
period. Survivability will be based on 320 stems per acre after three years and 260 stems per acre
after five years. A survey of vegetation during the growing season (mid-March to early November)
will be conducted annually over the five year monitoring period in order to verify survivability of the
installed plantings. This survey will track the total mortality on an annual basis and be used to
calculate survivability at the end of three and five years. Survivability of less than 320 stems/acre at
the end of three years and less than 260 stems/acre at the end of five years may require the
installation of additional plantings as replacement for the mortality. Vegetation monitoring protocols
will be included in the restoration plans and will be developed through on-going coordination with
the MBRT.
12.0 Reporting Protocols and Monitoring Plans
Monitoring of the Bank will be performed until success criteria are met as defined in the restoration
plans and the permits. Monitoring is proposed for hydrology and vegetation. The monitoring plan
will be designed in accordance with the USACE Stream Mitigation Guidelines (2003). Results will be
documented on an annual basis, with the associated reports submitted to the MBRT as evidence that
goals are being achieved. Both Mid-Atlantic Mitigation and the MBRT, in coordination with the
appropriate regulatory agencies, will determine when the performance standards have been achieved
at the Bank. If standards are not met, the Bank sponsor, Mid-Atlantic Mitigation, will perform
appropriate remedial activities to satisfy the MBRT. Mitigation credit will be released and utilized in
accordance with a schedule approved by MBRT.
12.1 Stream Channel Assessment
Mid-Atlantic Mitigation, will evaluate the restored sections of Forrest Creek and its associated
tributary in regard to overall channel stability. Because streams are considered as "active" or
"dynamic" systems, restoration is achieved by allowing the channel to develop a stable dimension,
pattern, and profile such that, over time, the stream features (riffle, run, pool, glide) are maintained
and the channel does not aggrade or degrade. Minor morphologic adjustments from the design are
Form t Creek Mitigation Banking Prospeaus, Orange County, North Carolina
Mid Atlantic Mitigation, LLC
anticipated based on the correlation of reference reach data, excessive sediment deposition from
upstream sources, and on-going changes in land use within the watershed.
12.2 Vegetation
Vegetation requirements state that 260 stems/acre must be viable for success after the five year
monitoring period. Should the performance criteria outlined above not be met during the
monitoring period, Mid-Atlantic Mitigation will provide the MBRT with their remediation proposal,
detailing corrective actions and/or maintenance actions proposed and an implementation schedule
for said actions, planned to meet the criteria. Upon review and approval of said corrective measures
by the MBRT, Mid-Atlantic Mitigation will implement the necessary corrective measures.
Vegetative monitoring stations will be installed as needed to insure all vegetative zones are
sufficiently monitored. Sampling stations will have an area of 2,500 square feet (50-foot by 50-foot
plot).
12.3 Frequency
All monitoring reports will be submitted to the MBRT's designated representative for coordination
with the appropriate regulatory agencies by December of each year. Reports will be submitted to the
MBRT by the end of each year unless a different report submittal date is requested. The year of
construction will have two submittals, one being the As-Built drawings and the second being the
First Year Annual Monitoring Report. It is understood that the MBRT will coordinate any
monitoring report submittals with the regulatory agencies. If monitoring reports indicate any
deficiencies in achieving the success criteria on schedule, a remedial action plan will be included in
the annual monitoring reports. Implementation of the remedial plan will be Mid-Atlantic
Mitigation's responsibility. Mid-Atlantic Mitigation will be available to coordinate any agency site
visits, both before and after restoration activities have been completed. Vegetative monitoring will
be conducted during the summer months of each monitoring year.
12.4 Monitoring Data
Monitoring data for each monitoring year will consist of the following.
1. Stream Channel Assessment
Channel stability
2. Hydrologic Data
Overbank flooding data
3. Vegetation Data
Number of stems/acre of woody species
Percent of survival of planted woody species
Species composition, including non-dominants
Quantitative measure of noxious species
Overall condition of the planted species
Photo reference locations of each plot
Forrest Creek Mitigation Banking Prospectus Orange County, North Carolina
Mid Atlantic Mitigation, LLC
12.5 Reporting
Monitoring results will be documented on an annual basis, with the associated reports submitted to
the MBRT. Both Mid-Atlantic Mitigation and the MBRT in coordination with the appropriate
regulatory agencies will determine when the performance standards have been achieved at the Bank.
If standards are not met, Mid-Atlantic Mitigation will perform appropriate remedial activities to
satisfy the MBRT.
12.6 Noxious Species
Noxious species will be identified and controlled so that none become dominant or alter the desired
community structure of the site. If noxious plants are identified as a problem in the site, Mid-
Atlantic Mitigation will develop a species-specific control plan for approval by the MBRT prior to
implementation.
Through coordination with the MBRT during the five-year monitoring period, Mid-Atlantic
Mitigation, where necessary, will remove, treat, or otherwise manage undesirable plant or animal
species, including physical removal, use of herbicides, live trapping, confining wires, or nets. The site
will be fenced to keep cattle out of the mitigation areas.
All vegetation removal from the site shall be done by mechanical means only unless the MBRT has
first authorized the use of herbicides or algaecides for the control of plants in or immediately,
adjacent to the site.
13.0 Contingency and Remedial Actions and Responsibilities
The annual report will note any conditions requiring remedial action and the probable cause will be
determined. The Bank sponsor, Mid-Atlantic Mitigation, will be responsible for problems relating to
design, construction and/or maintenance issues. The success of the restoration, enhancement and
preservation activities will be assured by Mid-Atlantic Mitigation.
14.0 Financial Assurances
Performance and maintenance bonds will be posted to adequately cover all costs associated with the
Bank. Mid-Atlantic Mitigation is a limited liability partnership based in Concord, North Carolina.
Mid-Atlantic Mitigation will post performance bonds based on guidance from the MBRT.
15.0 Provisions for Long-Term Management and Maintenance
The Bank sponsor, Mid-Adantic Mitigation, will be responsible for maintaining the Bank until all
monitoring requirements have been met, but for at least five (5) years. At that time, the MBRT may
perform a final compliance visit to confirm that all success criteria have been met. The Bank will be
protected in perpetuity through a conservation easement. The conservation easement will insure that
fixture activities including agriculture, mining, dredging, timbering and development will not occur
on the restored site. The conservation easement will be held by a qualified long-term land steward
approved by the MBRT. The long term land steward will be responsible for managing the site in
perpetuity in accordance with terms and conditions of the approved conservation easement.
Forrest Creek Mitigation Banking Pmspedus, Orange Caunty, North Cam/ina
Mid Atlantic Mitigation, LLC

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APPENDIX A. STREAM DATA WORKSHEETS
Forrest Creek Mitigation Banking Prospectus, Orange County, North Carolina
Mid Atlantic Mitigation, LLC
APPENDIX B
Proposed Restoration Summary
Based on initial site evaluations and a reconnaissance of the watershed, the existing channels
associated with Forrest Creek and its tributary are both entrenched and unstable due to current and
prior landuse activities. These activities include removal and on-going maintenance of the riparian
buffer, and continuous grazing. Due to the inherent sinuosity and noticeable bank scour and
erosion, restoration of the majority of these channels will require changes to the dimension, pattern,
and overall profiles.
The restoration of Forrest Creek will utilize a
combination of natural channel design
methodologies with limited soil bio-engineering
applications. This restoration will utilize methods
consistent with a Rosgen Priority Level II-type
restoration. The Level II restoration will involve
construction of a new channel at the existing
elevation crossing the existing channels at pre-
determined locations and utilizing the entire
floodplain (Figure 5). The purpose of the Level II
restoration is to enhance and in some cases reduce
pattern, stabilize the channel profile, reduce
overall shear, restore natural dimension, and reduce sedimentation. A Priority Level I restoration
(reconnecting the channel to its historical floodplain) is not feasible due to the limited relief across
the site and controlling outfall and inflow elevations. Approximately 4,300 linear feet of the main
channel will be restored to a C-type channel. The newly established floodplain will connect the
historical floodplain via very low gradient slopes from the bankfull elevation outward. The
remaining 3,400 linear feet of the upper portion of the main channel will undergo preservation.
An additional 2,500 linear feet of stream restoration will be
completed on the perennial tributary entering Forrest Creek
from the south. This tributary has been heavily degraded by
cattle traffic and grazing. The Mid-Atlantic Mitigation
Team is also proposing Priority II Restoration on this
stream. Upstream of the Edmund Latta Road crossing, the
tributary is severely impacted by cattle trampling. As a
result, the upper portion of this tributary will be re-
established into a stream channel with a defined dimension,
pattern and profile.
Jurisdictional wetlands may be created along areas of the abandoned channel and will serve primarily
as vernal pools and flood storage. In most cases, the excavated material associated with the new
channel will also be used to fill the existing channel. The elevation of the fill material will remain
consistent with the ground level associated with the current floodplain. Surface hydrology will be
reintroduced to the area via overbank flooding. Woody vegetation will also be reestablished in this
area. More information is presented in Figure 5.
Forrest Creek Mitigation Banking Pmrpectus, Orange County, North Carolina
Mid Atlantic Mitigation, LLC
Woody, invasive and noxious species currently dominate the shrub layer of the floodplain along
both channels and will be removed. This area will be replanted with native vegetation. Minimal land
disturbance is expected in this floodplain area.
Mid-Atlantic Mitigation anticipates a balanced cut/fill plan for the Bank.
Reference Stream(s)
A reference reach has not been located for natural channel design purposes relating to Forrest
Creek; however, Mid-Atlantic Mitigation will continue to locate a reach suitable for comparison to
the design stream. Due to the valley type and overall landuse throughout this basin, reference
streams are somewhat rare. If a stream is not located, the team will continue searching in other
portions of the Piedmont physiographic province. Due to the inherently unstable nature of the
streams in this region, natural channel design methodologies will be instituted with limited soil
bioengineering aspects.
Proposed Construction Sequence and Phasing
Construction of the project will be carried out in two phases for maximum vegetation survival,
channel stability, and sediment control requirements. Stream enhancement, consisting of riparian
buffer planting, will be implemented first along the upper sections of the Forrest Creek channel and
its tributary. Following the enhancement work, two new properly dimensioned channels will be
constructed intersecting the existing Forrest Creek channel and its tributary sporadically through the
floodplain. The sequencing will proceed from upstream to downstream. The number of actual
intersections will be limited to reduce overall sediment inputs during construction. The new
dimensions, patterns, and profiles will be based on the reference reach channel conditions. Work
will progress from upstream to downstream. Stabilization structures, including rock cross vanes,
single-arm rock vanes, and rootwads, will be constructed to immediately stabilize the new channel
sections. Spoil material will be subsequently stockpiled and backfilled in the abandoned sections of
the existing channels once the water has been diverted. The adjacent strearnbanks will be
immediately vegetated to ensure maximum survivability. Vegetation may also include transplants
from on-site resources. Clay plugs will be installed intermittently through sections of the old channel
to reduce the probability of "chute cut-offs" from establishing. It is anticipated that sections of the
old channels will be enhanced to serve as vernal pools for aquatic and semi-aquatic habitat.
Fomst Creek Mitigation Banking Pm pectus Orange County, North Carolina
Mid Atlantic Mitigation, LLC