20080229 Ver 2_Modifications_20111003

LETTER OF TRANSMITTAL
10055 Red Run Boulevard, Suite 130
909 Capability Drive, Suite 3100
604 Greene Street, Suite 100
TO: Wetlands & Stormwater Branch
NC Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699
ATTN: Ian McMillan
RE: Forrest Creek
We are sending via: Overnight ? Regular Mail ? Pick-Up ? Hand Delivered
The following items: ? Correspondence ? Plans ? Specifications ? Other as listed below:
COPIES DATE NO. DESCRIPTION
1 9/30/11 MBI Modification + CD
1 9/30/11 Year 4 Stream Monitoring Report + CD
1 9/30/11 Year 4 Buffer Monitoring Report + CD

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JE*, YWEK ;)UALI i
WETLANDS ANA STORMINATBR BkANO

These are transmitted as checked below:
. For Approval ? As Requested
? For Your Use ? For Review and Comment
REMARKS:
? Approved as Submitted ? Returned for Corrections
? Approved as Noted ? For Your Signature
Please review the enclosed Year 4 Monitoring Reports and MBI Modification request. Please let
me know if you have any questions or need any additional information.
Thank you,
Tommy Cousins
Owings Mills, MD 21117 410-356-5159 - PH 410-356-5822 - FAX
Raleigh, NC 27606 919-829-9909 - PH 919-829-9913 - FAX
Camden, SC 29020 803-432-4890 - PH 410-356-5822 - FAX
DATE: September 30, 2011
'may
COPY TO: SIGNED:
Addendum to the Mitigation Banking Instrument for
Forrest Creek Mitigation Bank, Orange County, North Carolina
The Sponsor will change from Mid-Atlantic Mitigation, LLC to EBX-EM, LLC.
Paragraph 3 of opening statements beginning "WHEREAS the Sponsor" will be amended
to read:
WHEREAS the Sponsor has purchased a permanent conservation easement on certain
parcels of land containing approximately 30.5 acres (Phase 1, Main Channel and UT1)
and a 10 acre parcel and a 4 acre parcel (Phase 2, UT2) located in Orange County, North
Carolina, described in the Forrest Creek Mitigation Bank Mitigation Plan and it's
addendum for inclusion of UT2 (Mitigation Plan and Addendum - Appendix A) and
overall Mitigation Banking Instrument (MBI) in and as shown in Figure 2 of the
Mitigation Plan Addendum - UT2.
Paragraphs 6 and 7 under Mitigation Plan will be amended to read:
6. The Bank site is currently a part of a dairy operation. A more detailed description of
the baseline conditions on the site is contained in the Mitigation Plan and Addendum
(Appendix A).
7. The Sponsor will perform work described in the Mitigation Plan and Addendum,
including restoration of 6855 linear feet of Forrest Creek and an unnamed tributary with
the re-forestation of 50 foot (minimum) buffers, 325 linear feet of enhancement level II
with the removal of invasive vegetation and replanting of native forest community, and
3005 linear feet of stream preservation on Phase l; and 2325 linear feet of enhancement
level lI with the removal of invasive vegetation and replanting of native forest
community with the re-forestation of 50 foot (minimum) buffers on UT2 (Phase 2). The
purpose of this work, and the objective of the Bank, is to restore natural stream and
riparian area functions to compensate for permitted impacts to similar resources. Stream
mitigation units are defined in paragraph 15, below.
Under Use of Mitigation Credits the table will be amended as follows:

Proposed Mitigation Type
Phase/location linear
Ft.
Credits

Stream Restoration Phase l FC/
UT1
6855
6855
Stream Preservation Phase 1 FC 3005 601
Stream Enhancement Level II Phase 1 FC 325 271
Stream Enhancement Level II Phase 2 UT2 2325 930
Total Credits: 8697
Forrest Creek Mitigation Bank
Mitigation Plan Addendum -UT2
Orange County, North Carolina
August 2011
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Table of Contents
1.0 Introduction
2.0 Obj ectives
3.0 Site Selection
4.0 Site Protection Instrument
5.0 Baseline Conditions
5.1 Site Description
5.2 Soils
5.3 Existing Vegetation and Invasive Species
5.4 Jurisdictional Streams and Wetlands
5.5 Flood Mapping
5.6 Cultural Resources
5.7 Protected Species
5.8 Environmental Issues
6.0 Determination of Credits
7.0 Mitigation Work Plan
8.0 Maintenance Plan
9.0 Performance Standards
10.0 Monitoring Requirements
10.1 Vegetation
10.2 Frequency
11.0 Long-term Management Plan
12.0 Adaptive Management Plan
13.0 Financial Assurances
List of Figures
Figure 1. Vicinity Map USGS Topographic Map
Figure 2. Existing Conditions
Figure 3. Proposed Mitigation
Figure 4. Soils
Figure 5. Flood Mapping
Figure 6. Planting Plan Map UT2
List of Appendices
Appendix A. Mitigation Plan, NMI, Mitigation Report, and As-Built Drawings
Appendix B. Planting and Riparian Area Restoration Plan
Planting Plan UT2
Forrest Creek Mitigation Bank Mitigation Plan Addendum UT2, Orange County, NC
2
1.0 Introduction
EBX-EM, LLC (Sponsor) respectfully submits this Addendum to the previously
approved Forrest Creek Mitigation Banking Instrument (See Appendix A) to include an
unnamed tributary to Forrest Creek (UT2). The Mitigation Banking Instrument (MBI)
associated with the Forrest Creek Mitigation Bank (Bank) in Orange County, North
Carolina, was originally approved August 15, 2007. The proposed mitigation has been
constructed and is in the monitoring phase.
The Mitigation Report and As-built Drawings for the Forrest Creek Stream and Buffer
Bank were submitted to the IRT in November 2008 (Appendix A). This addition to the
bank intends to enhance approximately 2,326 linear feet of UT2, a tributary to Forrest
Creek (Figure 3). The purpose of this mitigation is to provide permittees with mitigation
credits needed to compensate for unavoidable impacts to jurisdictional streams and
buffers within the Neuse River Basin (HUC 03020201).
The intent of this Addendum is to provide regulatory agencies with sufficient information
regarding the additional credits for inclusion of UT2 into the Bank. UT2 was evaluated
for potential stream, buffer and wetland mitigation credit. The evaluation was based on
current North Carolina Division of Water Quality (NCDWQ) and United States Army
Corps of Engineers (USACE) guidance in regards to credit potential. During a site visit
on February 27, 2008, NCDWQ and the USACE determined that UT2 was sufficiently
stable as not to require the use of natural channel design techniques to improve habitat or
enhance stability. As such, the Stream Mitigation guidance indicates that fencing of a
stream to exclude livestock could be considered Enhancement Level II. The entire length
of the stream and buffer on the south side (at a minimum) would require fencing to
ensure livestock do not obtain access to the stream. During a site visit on April 9, 2010,
IRT representatives confirmed previous decisions on UT2.
Most of the buffer along the north side of UT2 is currently planted pine. Additionally,
invasive species will need to be removed and reforestation or supplemental planting will
need to be provided within the upper portion (approximately 1,850 feet). The lower 576
feet of UT2 has a mature forested buffer (approximately 100 feet of this section falls
within the existing easement for the original preservation area of the FCMB and will not
generate credits). This area will be fenced, treated for invasive species and planted out to
100 feet on the south side, generating approximately 475 of Enhancement Level II credit.
Table 1 on page 4 summarizes these findings.
2.0 Objectives
The Bank, including UT2, is located in HUC 03020201 located in Orange County near
Hillsborough, North Carolina (Figure 1). The project area and overall Bank goals and
objectives are described in the Mitigation Plan dated May 2008 and Mitigation Report
Dated November 2008 (Appendix A).
UT2, as a tributary of Forrest Creek, is classified by the North Carolina Division of
Water Quality (NCDWQ) as WS II (Water Supply 11), HQW (high quality waters) and
NSW (nutrient sensitive water). The lower reach from its confluence with Forrest Creek
to upstream approximately 576 feet has well forested buffers with moderately stable
Forrest Creek Mitigation Bank Mitigation Plan Addendum UT2, Orange County, NC
banks, approximately 100 feet of which falls within the existing easement for the original
preservation area of the FCMB. The upper reach of UT2 is relatively stable, but lacks
habitat features as the result of sedimentation and cattle impacts. The upper reach also
lacks adequate riparian buffer along most of its length (Figure 2). The riparian area to the
north of the stream is currently in silviculture, and much of the southern riparian area is
in active pasture. The entire reach harbors populations of several invasive species
including Chinese privet (Ligustrum sinense) and multiflora rose (Rosa multiflora). The
UT2 riparian area includes several wetland areas as well. No wetland credits are being
proposed at this time.
Buffer Credits generated as a result of the planting and fencing activities will be
requested for the site under Sponsor's Neuse Riparian Buffer Mitigation Banking
Instrument (Neuse UMBI). The approximately 5 acre UT2 site will generate
approximately 142,320 Buffer Mitigation Units (BMUs) through restoration of the buffer.
Details of this proposal will be presented to the NCDWQ in a separately prepared
Addendum.
The objectives of Phase 2 (UT2) of the FCMB Expansion are:
1) To restore, enhance, and protect stream and riparian functions to a partially
degraded stream system.
2) To remove cattle, invasive plant species, and restore, enhance or preserve stream,
wetlands and riparian area.
3) To restore an appropriate mix of native tree and shrub species as described in the
Mitigation Plan.
4) Cattle will be fenced out of the easement areas.
The proposed UT2 site covers approximately 10 acres with 2326 linear feet of stream
channel. UT2 is also shown on both the USGS and the Soil Survey maps. Mitigation
estimates are provided in Table 1, below.
Table 1: Potential Stream Mitigation Credit Yields
Mitigation Type Footage Ratio Credits
Enhancement Level 11
(UT2)
23261f
2.5:1 930
SMUs
SMU Credit Total 970
3.0 Site Selection
Addition of Phase 2 to the Forrest Creek Mitigation Bank will increase the length and
acreage of the existing bank area. These areas were chosen by both the Sponsor and the
Landowners for inclusion in the bank. As a direct headwater tributary to the existing
bank, this expansion will increase the capacity of the Bank to filter sediment and
pollution from ongoing agricultural operations in the surrounding watershed and increase
the amount of contiguous protected habitat for aquatic and terrestrial species in the
Forrest Creek system.
Forrest Creek Mitigation Bank Mitigation Plan Addendum UT2, Orange County, NC
4
4.0 Site Protection Instrument
The proposed UT2 easement boundary is located within three parcels owned by Milton
A. Latta & Sons Dairy Farms, Inc. and Patricia Purcell L. Bonham. A permanent
conservation easement has been placed for the stream enhancement and buffer restoration
area (Figure 2).
Real Estate Provisions: The Sponsor shall provide for the perpetual protection and
preservation of UT2; and its associated buffer through a permanent conservation
easement to be recorded at the Orange County Register of Deeds. This document will be
based on the existing Bank easement language modified to allow for specified access.
Access areas will be specifically identified and excluded from the conservation easement
and will not generate mitigation credit. The USACE will be given notice that all
easements have been recorded with the appropriate entity. This notice shall include a
copy of the completed documents and a list of all properties on which these conservation
documents were recorded.
Table 2: Parcel and Ownership Information
Parcel Total Acreage
Current Owner Address Pin No. ID of Tract
Milton A Latta & 9876493633 714735 49.23 Total
Sons Dairy Farms, 3200 Edmund Latta Rd,
Inc. Hillsborough, NC 27278 9877520417 714200 258.7 Total
Patricia Purcell L. 5601 West River Rd,
Bonham Petersburg, VA 23803 9877206742 714633 90.92 Total
5.0 Baseline Conditions
5.1 Site Description
UT 2 is bordered by pasture on one side and silviculture on the other. Cattle are currently
able to access the stream channel. The riparian area for UT 2 is predominantly cleared,
and areas that contain vegetation are dominated by invasive species, such as privet and
Japanese honeysuckle (Lonicera japonica).
5.2 Soils
Based on the soil survey of Orange County, the soils immediately adjacent to UT2 are
Lignum silt loam and Herndon silt loams. The outer part of the riparian areas are mapped
as Georgeville silt loams. There is a small amount of Chewacla soils mapped at the
confluence of UT2 and Forrest Creek (Figure 4).
5.3 Existing Vegetation and Invasive Species
The buffers surrounding UT2 include native woody vegetation such as hackberry (Celtis
laevigata), tulip poplar (Liriodendron tulipifera), sycamore (Platanus occidentalis),
Forrest Creek Mitigation Bank Mitigation Plan Addendum UT2, Orange County, NC
eastern red cedar (Juniperus virginiana) and sweetgum (Liquidambar styracifZua) in the
canopy and understory where such exists. A significant population of invasive species
including Chinese privet, multiflora rose, and Japanese honeysuckle also occur. As part
of the Enhancement Level II activities the invasive species will be removed and
supplemental planting of naturally existing hardwood species will be provided to enhance
the riparian buffer. Much of the buffer also includes herbaceous species such as fescue
(Festuca sp.) with a strip of woody vegetation that rarely extends beyond 5 to 10 feet from
the top of bank in the pasture land areas. The stream buffer along the northern side of the
stream also includes a pine plantation and an access path/road (that will be disked and
planted).
5.4 Jurisdictional Streams and Wetlands
UT2 is considered to be a jurisdictional perennial stream. It enters the site below a dam.
The upper portion of UT2 is surrounded by wetlands areas that will be preserved as part
of the project.
It is anticipated that the Enhancement Level II and preservation activities will not require
a Section 404 Permit or a corresponding Water Quality Certification. Additionally, it is
anticipated that a Sedimentation and Erosion Control Permit and the corresponding
NPDES Stormwater Permit will not be required. No other Federal or State permits or
approvals are anticipated.
5.5 Flood Mapping
Forrest Creek and its immediate floodplain are located within the newly determined
Federal Emergency Management Association's (FEMA's) designated floodway and
approximate 100-year flood boundary (Figure 5). These areas are inundated by the 100-
year flood. The section of UT2 that occurs within the floodplain and floodway is
proposed to be preservation so no floodplain impacts are anticipated.
5.6 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. The
Sponsor will seek a clearance letter from the SHPO prior to implementing the restoration
plan.
5.7 Protected Species
According to the US Fish and Wildlife Service (USFWS), there are four endangered
species (red-cockaded woodpecker (Picoides borealis), dwarf wedge mussel
(Alasmidonta heterodon), Michaux's sumac (Rhus michauxii), and smooth coneflower
(Echinacea laevigata ) and thirteen federal species of concern (Carolina darter, Carolina
redhorse, Atlantic pigtoe, brook floater, Carolina well diacyclops, Green floater, savanna
lilliput, yellow lampmussel, butternut, creamy tick-trefoil, sweet pinesap, Torrey's
Forrest Creek Mitigation Bank Mitigation Plan Addendum UT2, Orange County, NC
6
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. During additional field visits,
field investigators found no evidence of suitable habitat for the species listed above. As
noted in a letter date December 7, 2006 to Monte Matthews from Shari Bryant of the
Habitat Conservation Program (HCR), the HCR notes that state and federal species of
interest have been observed in Forrest Creek or in downstream systems. In light of this,
HCR states that they believe that restoration will benefit the species but request that
safeguards be implemented to protect downstream species. Specifically, HCR requests
that stream crossings are constructed with minimum drops over the structures and that
adequate sediment and erosion control measures are implemented during construction to
reduce sediment runoff downstream.
5.8 Environmental Issues
As part of the Mitigation Plan, the Sponsor 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 were noted on their database within a one-mile radius of the Bank site.
6.0 Determination of Credits
According to the USACE and NCDWQ, Stream Mitigation Units (SMUs) are determined
by using the formula [SMU = (Restoration/1.0) + (Enhancement Level I/1.5) +
(Enhancement Level 11/2.5) + (Preservation/5.0)] as noted in the Stream Mitigation
Guidelines (USACE, 2003). The rehabilitation associated with UT 2 consists of Stream
Enhancement Level II. Table 1 summarizes the proposed credit yield.
Stream Credit Release Schedule: Fifteen percent (15%) of the projected credit total for
the Bank Sites developed as part of the Forrest Creek Mitigation Bank shall be available
for advance sale and debiting, provided the following minimum requirements have been
satisfied; (i) approval of the MBI Amendment by the USACE and the other agencies
eligible for membership in the Interagency Review Team (IRT) who choose to comment
and participate in the review process; (ii) the Mitigation Plan has been approved; and (iii)
a conservation easement/declaration of restrictions (as described previously in the
Prospectus) is placed on the Bank Site; and (iv) appropriate financial assurances of a type
and amount acceptable to the USACE and IRT have been established, if necessary. Credit
release shall begin as soon as the above conditions have been met.
Stream Enhancement Credit Release:
Forrest Creek Mitigation Bank Mitigation Plan Addendum UT2, Orange County, NC
7
Pre-Construction Release: 15% for items i through iv, above.
Construction Release: 15 % upon completion of all initial physical and biological
improvements made pursuant to the mitigation plan and installation of monitoring
devices: (30% cumulative)
Post-Construction Release: 15% upon approval of As-built Report (45% cumulative)
After year 1: (10% and 55% cumulative)
After year 2: (10% and 65% cumulative)
After year 3: (10% and 75% cumulative)
After year 4: (10% and 85% cumulative)
After year 5: (15% and 100% cumulative)
The schedule applies only to the extent the Sponsor documents acceptable survival and
growth of planted vegetation, and attainment of acceptable stream conditions as described
under the success criteria in the monitoring section of the mitigation plan. Monitoring of
the riparian buffer restoration and enhancement shall be based on the CVS-EEP Protocol
for Recording Vegetation Level 1-2 Plot Sampling Only Version 4.2.
Use of Credits
Decision-Making Authority for Use of the Bank:
The USACE is the regulatory authority for permit decisions pursuant to Section 404 of
the Clean Water Act, including determinations of compliance with the USACE permit
regulations (33 CFR Parts 320-330) and Section 404 (b) (1) Guidelines (40 CFR Part
230). NCDWQ also has been designated the regulatory authority in North Carolina for
issuing Water Quality Certifications for wetlands and streams impacts through Section
401 of the Clean Water Act. NCDWQ has developed mitigation requirements, as well,
regarding wetland and stream impacts. The USACE will determine the amount of
compensatory mitigation required for each 404 permit, and the equivalent number of
credits necessary to meet mitigation requirements and whether the Forrest Creek
Mitigation Bank is acceptable for use. To the extent that the Bank may be authorized for
use under other Federal, State, or local programs, the USACE, in consultation with the
affected regulatory entity, will determine the eligibility of projects to use the Bank on a
case-by-case basis. The objective of the Bank is to meet the USACE and NCDENR
waters of the US, water supply watershed, and future buffer mitigation requirements.
7.0 Mitigation Work Plan
During site visits in February 2008 and April 2010, the NCDWQ and the USACE
determined that stream Enhancement Level 11 was appropriate for UT2 based on the
condition of the existing streams. Much of the riparian area on UT2 is degraded by
silviculture and an access road on the north side and pasture land on the south side.
As such, the plan is to provide permanent livestock fencing along the south side of UT2
at least fifty feet from the existing stream banks. At the request of the landowner, the
north side of UT2 will also be fenced in preparation for introduction of cattle to the area.
A minimum 50 foot buffer from all stream banks will be established and areas that lack
sufficient canopy will be planted with native riparian vegetation (Appendix B). This will
Forrest Creek Mitigation Bank Mitigation Plan Addendum UT2, Orange County, NC
8
include the disking and planting of an existing access path/road along the northern side of
UT2. The 576 foot reach of UT2 that extends from the confluence with Forrest Creek
upstream lacks the proper buffer widths on the south side to be considered preservation.
It has been determined that this section requires fencing as well as invasive treatments
and additional planting will be done on the south side out to 100 feet and will therefore
be considered Enhancement Level II. Please refer to the planting plan in Appendix B for
the riparian area restoration techniques that will be applied to UT 2. This is the same
approach that was approved as part of the original Mitigation Plan.
Project implementation will begin with eradication of all invasive and noxious species
within both the enhancement reaches and installation of cattle exclusion fencing.
Step 2 of the project will be implementation of the approved Planting Plan. A draft
Planting Plan for UT2 is presented in Appendix B along with general planting
information.
8.0 Maintenance Plan
Species specific control of invasive species will begin after the submittal of the Year 1
monitoring report. Mechanical or hand removal of noxious species is preferable and
herbicide applications, if necessary, will be proposed to the IRT in the annual monitoring
reports. The timing of any herbicide applications will depend on the best time of year to
treat the invasive species identified as problems within the enhancement reach. The
applications will be made by the original contractor who initiated the project in Phase 1
of implementation. Herbicide contractors will be licensed and insured.
The need for supplemental plantings will be determined using data collected during
annual monitoring and these findings and recommendations will be submitted for review
in the Annual Monitoring Reports. Supplemental plantings will take place as needed to
maintain a stem per acre count of at least 320 after five years.
Installed fencing will be monitored bi-annually by the fencing contractor. Routine
maintenance and any needed repairs due to normal wear of fencing will be performed at
the contractor's discretion. Emergency repairs due to events such as fallen trees or
vandalism that allow cattle direct access to the easement area will be fixed immediately
upon discovery.
9.0 Performance Standards
The performance standards for determining credit availability and Bank success will be
the same as that in the previously approved Mitigation Plan and MBI except as described
below:
Monitoring in the enhancement areas is proposed for riparian buffer vegetation only.
Success of the project will be based on vegetation only. The metrics for success will be
the same as those of the approved Mitigation Plan and NMI.
Forrest Creek Mitigation Bank Mitigation Plan Addendum UT2, Orange County, NC
9
Sponsor's Obligations: The Sponsor agrees to perform all necessary work, in
accordance with the provisions of the MBI to establish and/or maintain the Bank Site or
phases of the Bank Site, until (1) credits have been exhausted or banking activity is
voluntarily terminated through written notice by the Sponsor with approval of the
USACE and the IRT; and (2) it has been determined that the debited Bank Site has
satisfied all the conditions in the NMI. It is anticipated that the IRT will provide official
notification that a Bank Site has been "closed out" upon receiving a request by Sponsor
including documentation that the site can be closed out.
All mitigation plans and banking agreements will be submitted to the IRT 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 of
the buffer restoration and enhancement areas will be performed for a minimum of five
years or until success criteria are met. Monitoring in the Enhancement areas is proposed
for the riparian vegetation only. The monitoring plan will be 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.
Vegetation success will measure the likelihood of the reforested stands developing into
target communities. Stands that show progression towards a target species composition
and overall abundance will be considered successful. The target composition will be the
measure of reproductively viable populations of target species within the stand. A
majority (80%) of the targeted species should be present in the reforestation area in
numbers and condition conducive to continuing the species through the maturation of the
community. The population of noxious species should be kept below 10% of the total
population. Abundance as measured by the total population of species within the
reforested area should meet USACE guidelines for wetland and stream mitigation.
Community composition and abundance will be tracked through plots measuring survival
of planted and recruited stems. Survivability will be based on 320 stems per acre after
five years. A survey of vegetation during between June 1 and October 31 will be
conducted annually over the five year monitoring period in order to verify survivability
of the installed plantings and recruited species. This survey will track the total mortality
per species on an annual basis and be used to calculate survivability at the end of three
and five years. Total survivability of less than 320 stems/acre at the end of three years or
the depletion of a target species may require the installation of additional plantings as
replacement for the mortality. A finding of noxious species populations greater than 10%
of the survey may require site maintenance to remove the noxious species. Vegetation
monitoring and maintenance protocols as well as remediation plans introduced in this
Mitigation Plan will be developed in the restoration plans with on-going coordination
with the IRT.
Forrest Creek Mitigation Bank Mitigation Plan Addendum UT2, Orange County, NC
10
10.0 Monitoring Requirements
Monitoring of the Bank and reporting will be performed as described in the original
Mitigation Plan. The Enhancement Level 11 areas will only require monitoring for
vegetation success.
10.1 Vegetation
Vegetation requirements state that 320 stems/acre representing a majority of target
species must be viable for success after the five year monitoring period. Should the
performance criteria outlined above not be met during the monitoring period, the Sponsor
will provide the IRT with a 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 IRT,
the Sponsor will implement the necessary corrective measures. Monitoring for the
progress of vegetation restoration will follow protocol described in the Mitigation Plan,
including installation of a minimum of two permanent ten meter by ten meter vegetation
monitoring plots in the enhancement area.
10.2 Frequency
All monitoring reports for UT2 will be submitted as described in the Mitigation Plan as
part of the reporting package for the entire Bank. In Years 1 through 3 the FCMB Phase 2
- UT2 report will be included in the Report for the entire Bank. In Years 4 and 5, and any
additional years if necessary, the FCMB Phase 2 - UT2 report will be submitted as a
stand alone report.
11.0 Long Term Management Plan
The provisions for long-term management and maintenance will be the same as those of
the Bank as described in the original Mitigation Plan. A single long term land steward
will be identified to hold the conservation easement(s) for all phases of the bank, in
perpetuity, along with appropriate endowment funds to be negotiated between the
Sponsor and the interested land steward.
Prior to formal bank closure a mutually agreeable long-term land steward will be
identified to hold the conservation easement. The Orange County Environment and
Resource Conservation Program has expressed interest in holding the easements long
term. These conservation easements will compliment the adjacent farmland preservation
easements donated by the landowner and already held by this agency. Other
organizations which may be approached if necessary are the Triangle Land Conservancy,
or the DENR Land Stewardship Program.
12.0 Adaptive Management Plan
The annual monitoring report will note any conditions requiring remedial action and the
probable cause will be determined. The Sponsor will be responsible for problems relating
to design, construction and/or maintenance issues during the monitoring period.
Forrest Creek Mitigation Bank Mitigation Plan Addendum UT2, Orange County, NC
11
During the initial five year active monitoring period controlled herbicide applications and
supplemental plantings may be used to treat invasive species and to give native species
the opportunity to develop a diverse and sustainable community. Native and desirable
volunteer species will integrate with the selected planted species to create a strong natural
community ideally suited to maintain itself in the long term and keep invasive and
noxious species under control.
13.0 Financial Assurances
For Phase 1 of the Forrest Creek Mitigation Bank the Sponsor provided a performance
bond for 55% of the total cost of the construction which remained in affect until after the
mitigation project was successfully constructed in conformance with this mitigation plan,
and IRT approval of the As-built Report was received. Upon approval of the As-built
Report in August 2008, the USACE authorized the release of the Performance Surety in
February 2009.
After the Performance Surety was released, additional financial surety to insure the
successful maintenance of the Buffer Bank was provided in an amount equal to 100% of
the estimated cost of monitoring and maintaining the site for five years, including the cost
of supplemental plantings, minor stream repairs, and third party consulting fees for
monitoring work, with NCDWQ as Obligee. Release of funds from this Financial
Assurance will be recommended by NCDWQ once it has reviewed and approved each
annual monitoring report which demonstrates that success criteria have been met for the
type and amount of credits previously released. Complete release of the financial
assurance agreement may only occur if the submitted report demonstrates that sufficient
area met the specific success criteria (as stated herein) to offset the release of Credits.
For the expansion Phase 2, the Sponsor will be required by NCDWQ to place
construction and monitoring bonds to secure the buffer credits planned for the site under
the separate Neuse Riparian Buffer NMI. Because the goals of both projects are similar
and not mutually exclusive, it is proposed that these bonds be used to secure the stream
credits generated on site as well. The USACE can be added to the construction bond as
an Obligee, if necessary. It is anticipated that the current maintenance bond held for
Forrest Creek Mitigation Bank can be increased in amount to cover the new areas of the
proj ect.
Forrest Creek Mitigation Bank Mitigation Plan Addendum UT2, Orange County, NC
12
Figures
Forrest Creek Mitigation Bank Mitigation Plan Addendum UT2, Orange County, NC
13
FIGURE 1 - SITE LOCATION MAP
0 0 0.5 1 2 EcoEngineering
Miles A division of The John R. McAdams Company, Inc.
1 inch equals l miles
v a? % &
2 g g ?
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if; - ?c lr.JY dDio1-1 x
8
m`3 ?>. ?; a z teoozsemarl+r-arx
FIGURE 2A - CONSERVATION EASEMENT AREA
NOTE 'A'
SUBSURFACE AND ENVIRONMENTAL CON0177ONS NOT EXAMINED OR CONERED ING
THIS SURVEY. ALL ILDINGSSSURFACE UAND
SUBSURFACE IMPROVEMENTS ON AND ADJACENT
TO THE SITE ARE NOT NECESSARILY SHOWN
HEREON. NO STATEMENT IS MADE CONCERNING DERGRO WWH1CH MAY FFFECTUTHE USE OF TNS TRA T.
NOTE 08"
ALL DISTANCES ARE HORIZONTAL GROUND
AND AREA BY COORDINATE COMPUTATION.
NOTE C' VEY
WAS SEEARCHRAND S B SEDEON REFERENCETLE
INFORMATION. THERE MAY EXIST OTHER
DOCUMENTS OF RECORD WHICH COULD
AFFECT THIS PROPERTY
NOTE D'
EXCEPT AS SPECIFICALLY STATED OR SHOWN,
THIS SURVEY DOES NOT REPORT ANY OF
THE FOLLOWING: EASEMENTS, OTHER THAN
THOSE VISIBLE DURING FIELD EXAMINATION.
BUILDING SETBACKS, RESTRICTIVE COVENANTS,
FACTS WHICH A OTITUSE LE SEARCH MAY DISCLOSE
L.D. WN1 TIED
9877-43-1198
LOT 2
PB 58/17
42.02'
O,Q
NOTE E'
WETLANDS, AL WATE CONDITIONS WHICHIMAY BE REGULATED By
FEDERAL OR STATE OR LOCAL AGENCIES WERE
NOT INVES7IGATED DURING THIS SURVEY.
RIPARIAN BUFFERS AND OTHER RESTRICTIONS
ON DEVELOPMENT MAY BE REQUIRED.
NOTE F"
THE LAND PARCELS AND THEIR BOUNDARIES
AFFECTED BY THIS CONSERVATION
EASEMENT ARE NOT CHANGED BY THIS PLAT.
THE PURPOSE OF THIS SURVEY IS TO CLOSE THE OLD
50' R/W AND TO RE-ESTABLISH A NEW 50' RA
TO REVISE THE LOCATION AND SIZE OF AREA J", ADD
AREAS '0' & 'Y'.
SEE A FUTURE BOUNDARY SURVEY TO BE RECORDED
FOR PAUL & PATRICIA BONHAM, ETAL.
C. LATTA ETAL
9877-43-5069
LOT 2
PB 58/17
262.87' TOT:
S88 24'30"W
95.08' 125.77'
in
co
to
ti
NEW
P. P. BONHAM 3 ` AREA 'J"1°? 3
9877-20-6742 ?.? 0.61 AC.
DB 16351144 6 N
PB 3172 ^ '? 00
r°n $
N80°2x'36„E
S07 26'47'W "F" 16-1.10 V15E? ,
52.29' P ¢IV R I'
2p4.50,
"E"
20.91'•
NCINITY MAP
NOT TO SCALE
MIUND LATTA RD.
SR 1550
SR 1551
PHELPS RD.
NOTE: REVISED AREA "J"
(SEE DB 44771403)
/ LESS OLD AREA = 1.63 AC.
/ NEW AREA '1" = 0.61 AC.
NEW AREA "2" = 1.09 AC.
NEW NET AREA = 1.70 AC.
"K. REVISED 50' PRIVATE R/W
NC 57
n
TOT, 203.13. MILTON A LATTA
A" 14764• DAIRY FARM INC
"C N88'24'30"E Al193oOB" 2.47..2
" -52-0417
45.14• E s`,t 9877
??-114.10-_-_ B" Dg 413/378
NEW ?R???__
AREA "J"2
1.09 AC.
N _OLD ?50'? I R T. 602.60 X24.10'
S80'26
%
a-7.
i
IL
r ?
5 ?
S 1
I I
I I
I I
I r
AREA "H"
PB 103/26
! SHEET OE 3?
Ira-kAg1=n roNSERVATION EASE
I, ALOIS CALLEMYN, PLS NO. 2544. CERTIFY THAT THIS MAP
WAS DRAWN FROM AN -ACTUAL FIELD SURVEY AND CORNERS
WERE SET OR RECOVERED S NOTED. THIS MAP DOES NOT
30
S. 47-
CONFO MTH G.
AS A & SEARMTHrS 12TH DAY OF JULMENDED WTNESS MY HAND
© EXISTING IRON 0 PIN SET A MATH POINT POLE
TAX MAP 2.47..2 PIN # 9877-52-0417 SCALE 1" - 100'
mss.
y?-
.?
MENT&R
PROPERTY SURVEYED FOR
EARTHMARK FORREST CREEK
CEDAR GROVE TWP., ORANGE CO., NOR7H CAROLINA
FlELD WORK PERFORMED JULY. 2010
PROPERTY AS DESCRIBED IN D.B. 413
SANDING IN THE NAME OF / 378
MILTON A. LATTA do SONS DAIRY FARM INC.
ALOIS CALLEMYN, PLS 919-732-3354
3500 JUSTAMERE FARM RD., HILLSBOROUGH, NC
FIGURE 213 - CONSERVATION EASEMENT AREA
LAT TA R /W AREA 2: 1.49 AC.
ANGLE DISTANCE
N19'30 46.11
NBE44 52 E 1290.58
P S00'44'38 50.23'
S88'45 25 1254.31
Sl9'30'06 4.82'
A- N7B'09'57"W 50.45'
N88 44'52"E
.. ----?--- --? ` ' ' 1290.58
CONTROL CORNER
N874465.5412
E1975647.6511
77E
N00'44'38"E
2632.54'
EDMUND W. PURCELL
2.47..38
9877-62-0333
DS 1635/144

REVISED 50' PRIVATE R/W S884525"W
--- TOT. X203. ?- ..- - " 1254.31' ` . .
13' MILTON A LATTA
,A" 147 7' DAIRY FARM INC.
1(1930 P6 6 2.47..2
45.14 • E s'„ ? 9877-52-0417
`tor OB 413/378
<11 A
?I RE?,p\JED \I ,?\ u? ?j c
`W TOT 602.60
z241°?
?` 1 1
1
?1!Lc 11 ti
EDMUND W. PURCELL
2.47..38
9877-62-0333
DB 1635/144
S00'44'38"W
50.23'
MILTON A LATTA do SONS
DAIRY FARM INC.
2.47..13E
9877-60--1770
.w 08 603/525
?t
1+ N
? N pj `,`??11111klrrrrr!lrA,i
r
SEAL _
= L-2544

1CAL4na`
S00 44'38"W
50.23'
Lu
N
°o
r_
MILTON A LATTA & SONS
DAIRY FARM INC.
2.47..138
9877-60-1770
DB 603/525
N

S89 21'37"E
924.45'
N89 22'06"W
905-81'
77E
0
M Qf,, ??
NQ" ?= ti
4
W
S21'06 28"W
53.40'
N. B71,823,24
E:1, 9 76, 519.23
PU RCELL R W AREA: 1.05 AC.
LINE ANGLE DISTANCE
L-M S89'21'37'"E 924.45'
M-N S21'06'28"W 53.40'
'
N-0 N89'22'06,w 905.81
0-L S00'44'38"W 50.23'

SHEET 2 OF 3
f, ALOIS CALLE'MYN, PLS NO. 2544, L:ER71FY THAT THIS MAP
WAS DRAWN FROM AN AC'T'UAL FIELD SURVEY AND CORNERS
WERE SET OR RECOVERED AS NOTED. TI•ITS MAP DOES NOT
CONFORM K17H G.S. 47-30 AS AMENDED. WITNESS MY HAND
SEAL THIS 12TH DAY OF JULY 2010
O EXISTING IRON 0 PIN SET A MATH POINT POLL-
TAX MAP 2.47..2 PIN f 9877-52-0417 SCALE 1" = 100'
T&
PROPERTY SURVEYED FOR
EARTLWARK - FoRREST GREEK
CEDAR GROVE TWP., ORANGE CO., NORTH CAROLINA
FIELD WORK PERFORMED JULY, 2010
PROPERTY C NB 378
THE NAME OF
MILTON A. LATTA & SONS DAIRY FARM INC.
ALOIS CALLEMYN, PLS 919-732-3354
3500 JUSTAMERE FARM RD., HILLSBOROUGH, NC
FIGURE 2C -CONSERVATION EASEMENT AREA
P. P. BONHAM
9877--20-6742
DB 1635/144
PB 3172
S07'26'47'W
52.29' ?y
"E.
20.911-

CONTROL
CORNER
N 87115Z62
E 1973955.56
S 21'1421"
75.07' -
AREA "L°1.
0.11 AC.
NEW
AREA "J"1-\?1r
0.61 AC.
r?`T
R? P J? q R /N
pRIV
204.50'
3
s
S80'26"w
153.49
N r
M.A.LATTA & SONS
DAIRY FARM INC.
9877-52--0417
DB 413/378
AREA "K"
4.31 AC,
rr
1
i
20' PRIVATE /•
ACCESS I? ----------
TOT. EASEMENT 532.22
226.00' AREA "L"2
E N2155'06"W 0.57AC.
88.91' N 56'19'52"
S 86'i 7`08" W 103.85
23.
23.73' 20'TIE
N 70'10'30" E
y? 43.73' TOTAL
MILTON A LATTA & SONS
DAIRY FARM INC.
2.47..13
9876-49--1096
DB 212/707
NOTE. SEE PLAT
„ORANGE COUNTY E.R.C.D."
BY ALOIS CALLEMYN. PLS
DATED MARCH, 2007 AND
RECORDED IN PB 1021133
FOR BOUNDARY.

t w
m
N 8148 32" E
63.98'
2.47..2
08
A-
11?? f •,.
1 ?
I f
I I
I I
r I
I r
AREA "H"
PB 103/26
t ?
1 y
4 ?
I f
ff
fr
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r f
r r
lr
rl
f f
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l
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4 ?
1
1 ?
1 ?
SHEET 3 OF 3
REVISED CONSERVATION EASEMENT A R/
1, ALOIS CALLEMYN, PLS NO. 2544, CERTIFY THAT THIS MAP
WAS DRAWN FROM AN ACTUAL FIELD SURVEY AND CORNERS
WERE SET OR RECOVERED AS NOTED. THIS MAP DOES NOT
CONFORM WITH G.S. 47-30 AS AMENDED. WITNESS MY HAND
& SEAL THIS 12TH DAY OF JUL4MATHPOI .
O EXISTING IRON O PIN SET D POLE
TAX MAP 2.47..2 PIN f 9877-52-0417 SCALE 1" = 100'
'G' N88-24'30"E "':yl O6yE s+
?f_T14.10-B" 14??? pp
NEW
AREA "J"2 4N
3 1.09 AC.
'tiY~J~[?LDY?O R TOT. 502.60 -24.10
PROPERTY SURVEYED FOR
EAR THMARK - FORREST CREEK
CEDAR GROVE TWP., ORANGE CO., NORTH CAROLINA
FIELD WORK PERFORMED JULY, 2010
PROPERTY AS DESCRIBED IN D.B. 413 / 378
STANDING IN THE NAME OF
MILTON A. LATTA & SONS DAIRY FARM INC.
ALOIS CALLEMYN, PLS 919-732-3354
3500 JIJSTAMERE FARM RD., HILLSBOROUGH, NC
FIGURE 2D -- CONSERVATION EASEMENT AREA
Y
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+1 RP=.
NIV
NUTRIENT OFFSET RESTORATION AREA
Z
r k 1
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,, * t 0.19 acres
* a. .l
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? r} A -A
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wr .' , c 0.16 acres R?
GRAPHIC SCALE
200 0 100 200 400
• #
w ti ?'J?,r
'L?•" Per :`4. R y.
4 1 inch = 200 ft.
EBX-11020 E
?^ 7?? A o
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V
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X11020-SWX ,
FIG V RE 3 l
?VVV
V A division of The John P, McAdams Company, Inc.
1 " = 200' PROPOSED NL]TRIENT OFFSET ENGOnMMr PIANNERS • SURVEYORS • EN1'MN51MAL
RESTORATION AREA ?sCH TRfANGLE I?Ex • ceARL07T6
.ATK:
7-25-2011 . Iftddn P.rki y, amh.m HC 27119
0*795-5616.wrjohm:mrad?.Uft? No.: C-M
FIGURE 4 - USGS QUAD
.. CALDwELL EcoEngineering
0 1,000 2,000 4,000 Feet A division of The John R. McAdams Company, Inc.
1 inch equals 2,000 feet
FIGURE 5 - ORANGE COUNTY
SOILS SURVEY EcoEngineering
0 500 1,000 2,a0a Feet A division of The John R, McAdams Company, Inc.
I inch equals 1,000 feet
E l /
6g0? 7 O v v J ! ! //
L
rzy
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1 r d \ \ s ' - \ \ ` / \ 1 !. q4_? 640
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Legend ` - /
Site
100 Year Floodplain / 5 /I
rcp/
FIGURE 6 - FEMA FLOQDPLAIN 1
0 FLQODWAY EXHIBIT EcoEngineering
0 500 1,000 2,000 1 inch equals i,fl00 feet Feet A division of The John R. McAdams Company, Inc.
L J
APPENDIX A: Existing Documents
Original NMI and RMBI
Original Mitigation Plan
Approved Mitigation Report and As-built Plans for Phase 1
Forrest Creek Mitigation Bank Mitigation Plan Addendum UT2, Orange County, NC
14
Forrest Creek Mitigation Bank
Mitigation Banking Instrument
Orange County, North Carolina
Prepared for:
Mid-Atlantic Mitigation, LLC
February 2007
©Kimley-Horn and Associates, Inc. 2007
(Version 2.1 February, 2007)
AGREEMENT TO ESTABLISH THE FORREST CREEK MITIGATION BANK
IN ORANGE COUNTY, NORTH CAROLINA
This Mitigation Banking Instrument (MBI) is made and entered into on the day of
, 200, by Mid-Atlantic Mitigation, LLC, hereinafter Sponsor, and the U. S. Army
Corps of Engineers (Corps), and each of the following agencies, upon its execution of this NMI,
the Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS), the
North Carolina Wildlife Resources Commission (NCWRC), and the North Carolina Division of
Water Quality (NCDWQ). The Corps, together with the State and Federal agencies that execute
this MBI, are hereinafter collectively referred to as the Mitigation Bank Review Team (MBRT).
WHEREAS the purpose of this agreement is to establish the Forrest Creek Mitigation Bank
(Bank) providing compensatory mitigation for unavoidable wetland impacts separately
authorized by Section 404 Clean Water Act permits in appropriate circumstances; and
WHEREAS the Sponsor controls through an option to purchase or has purchased a permanent
conservation easement of certain parcels of land containing approximately 25 to 30 acres located
in Orange County, North Carolina, described in the Forrest Creek Mitigation Bank Mitigation
Plan (Mitigation Plan) in Appendix A, and as shown on the attached in Figure 2 of the
Mitigation Plan.
WHEREAS the agencies comprising the Mitigation Bank Review Team agree that the Bank
site is a suitable mitigation bank site, and that implementation of the mitigation plan as described
in the Mitigation Plan is likely to result in net gains in stream functions at the Bank site, and have
therefore approved the Mitigation Plan;
THEREFORE, it is mutually agreed among the parties to this agreement that the following
provisions are adopted and will be implemented upon signature of this MBI.
General Provisions
1. The goal of the Bank is to restore, enhance, and preserve stream systems with the adjacent
riparian areas and their functions and values to compensate in appropriate circumstances for
unavoidable stream impacts authorized by Section 404 and Section 401 of the Clean Water Act
permits in circumstances deemed appropriate by the Corps and NCDWQ after consultation,
through the permit review process, with members of the MBRT.
2. Use of credits from the Bank to offset stream and/or wetland impacts authorized by Clean
Water Act permits must be in compliance with the Clean Water Act and implementing
regulations, including but not limited to the 404(b)(1) Guidelines, the National Environmental
Policy Act, and all other applicable Federal and State legislation, rules and regulations. This
agreement has been drafted following the guidelines set forth in the proposed " Federal Guidance
for the Establishment, Use and the Operation of Mitigation Banks," 60 Fed. Reg. 58605,
(Version 2.1 February, 2007)
November 28, 1995 (Guidance) as well as those described in the Stream Mitigation Guidelines
(April 2003).
3. The MBRT shall be chaired by the representative of the U. S. Army Corps of Engineers,
Wilmington District Raleigh Regulatory Field Office. The MBRT shall review monitoring and
accounting reports as described below. In addition, the MBRT will review proposals for
remedial actions proposed by the Sponsor, or any of the agencies represented on the MBRT. The
MBRT's role and responsibilities are more fully set forth in Sections II. C. 3 and 6 of the
Guidance included in this document by reference.
4. The Corps, after consultation with the appropriate Federal and State review agencies
through the permit review process, shall make final decisions concerning the amount and type of
compensatory mitigation to be required for unavoidable, permitted wetland impacts, and whether
or not the use of credits from the Bank is appropriate to offset those impacts. In the case of
permit applications and compensatory mitigation required solely under the Section 401 Water
Quality Certification rules of North Carolina, the N.C. Division of Water Quality (NCDWQ) will
determine the amount of credits needed to compensate for specific permitted impacts.
5. The parties to this agreement understand that, where practicable, on-site, in-kind
compensatory mitigation may be used, unless use of the Bank is determined by the Corps to be
environmentally preferable.
Mitigation Plan
6. The Bank site is currently a part of a dairy operation. A more detailed description of the
baseline conditions on the site is contained in the Mitigation Plan (Appendix A).
7. The Sponsor will perform work described in the Mitigation Plan, including the restoration
of approximately 6900 feet of Forrest Creek and an unnamed tributary with the re-forestation of
50 foot (minimum) buffers, 325 feet of Enhancement Level II with the removal of invasive
vegetation and re-planting of native forest community, and 3050 feet of stream preservation.
The purpose of this work, and the objective of the Bank, is to restore natural stream and riparian
area functions to compensate for permitted impacts to similar resources. Stream mitigation units
are defined in paragraph 15, below.
8. The Bank Sponsor shall monitor the Bank Site as described in the Mitigation Plan, until
such time as the MBRT determines that the success criteria described in Section 10 of the
Mitigation Plan have been met. The monitoring period shall be a minimum of five years.
9. The Sponsor is responsible for assuring the success of the restoration, enhancement and
preservation activities at the Bank Site, and for the overall operation and management of the
Bank.
10. The Sponsor shall provide to each member of the MBRT the reports described on
(Version 2.1 February, 2007)
Section 11 of the Mitigation Plan.
11. The Corps shall review said reports, and may, at any time, after consultation with the
Sponsor and the MBRT, direct the Sponsor to take remedial action at the Bank site. Remedial
action required by the Corps shall be designed to achieve the success criteria specified above.
All remedial actions required under this paragraph shall include a work schedule and monitoring
criteria that will take into account physical and biological conditions.
12. The Sponsor shall implement any remedial measures required pursuant to the above.
13. In the event the Sponsor determines that remedial action may be necessary to achieve the
required success criteria, it shall provide notice of such proposed remedial action to all members
of the MBRT. No remedial actions shall be taken without the concurrence of the Corps, in
consultation with the MBRT.
14. The members of the MBRT will be allowed reasonable access to the Property for the
purposes of inspection of the Property and compliance monitoring of the Mitigation Plan. The
Sponsor shall be notified 48 hours in advance of any member of the MBRT accessing the
property.
Use of Mitigation Credits
15. The Geographical Service Area ( GSA) is the designated area wherein a bank can
reasonably be expected to provide appropriate compensation for impacts to wetland or other
aquatic resources. The GSA for this Bank shall include the Neuse River Basin Hydrologic Unit
03020201 in North Carolina. Use of credits from the Bank to compensate for impacts beyond
the geographic service area may be considered by the Corps or the permitting agency on a case-
by-case basis.
-TABLE-
Proposed Mitigation Type Linear Feet SMU Formula
Stream Restoration (Forrest Creek and Tributary) 6,900 6,900
Stream Preservation Forrest Creek 3,050 610
Stream Enhancement Level II (Forrest Creek) 325 130
TOTALS 10,200 7,640
16. It is anticipated by the parties to this agreement that use of mitigation credits shall be "in-
kind;" that is, that stream credits will be used to offset stream impacts.
17. Wetland Mitigation - At this time the Sponsor is not seeking to conduct wetland
mitigation; however if wetland mitigation credit is sought in the future the Sponsor will
coordinate its request through the MBRT and seek to modify the Mitigation Plan accordingly and
(Version 2.1 February, 2007)
with the approval of the MBRT. It is anticipated by the parties that in most cases in which the
Corps, after consultation with the MBRT, has determined that wetland mitigation credits from
the Bank may be used to offset wetland impacts authorized by Section 404 permits. It is assumed
that the amount of mitigation required (in acres or credits) will be specified in the 404/401
Permit obtained for the impacts. As such, it is assumed that one acre of mitigation required will
be equal to one credit of debit.. One of those credits must be a restoration credit; the remaining
credit will be made up of any combination of restoration, enhancement, creation or preservation
credits, as selected by the Sponsor and approved by the Corps during its permit process.
Deviations from this compensation ratio may be authorized by the Corps on a case-by-case basis
where justified by considerations of functions of the wetlands impacted, the severity of the
wetland impacts, whether the compensatory mitigation is in-kind, and the physical proximity of
the wetland impacts to the Bank site, except that in all cases, a minimum of a one-to-one ratio of
impact acres to restoration mitigation credits (acres) must be met.
Stream Mitigation - Stream mitigation credit will be determined according to the procedures
described in the Stream Mitigation Guidelines (April 2003) and noted in Table 1.
18. Notwithstanding the above, all decisions concerning the appropriateness of using credits
from the Bank to offset impacts to streams or wetlands, as well as all decisions concerning the
amount and type of such credits to be used to offset stream, wetland and open water impacts
authorized by Department of the Army permits, shall be made by the Corps of Engineers,
pursuant to Section 404 of the Clean Water Act and implementing regulations and guidance.
Any necessary notice to and consultation with the members of the MBRT for use of credits shall
be through the permit review process.
19. Wetland and Stream Mitigation-
Fifteen percent (15%) of the Bank's total restoration credits shall be available for sale
immediately upon completion of all of the following:
a. Execution of this MBI by the Sponsor, the Corps, and other agencies eligible for
membership in the MBRT who choose to execute this agreement;
b. Approval of the final mitigation plan;
c. Delivery of the financial assurance described in paragraph 23 of this MBI;
d. Recordation of the preservation mechanism described in paragraph 22 of this NMI, as
well as a title opinion covering the property acceptable to the Corps;
Additionally, the Sponsor must complete the initial physical and biological improvements to
the bank site pursuant to the mitigation plan no later than the first full growing season following
initial debiting of the Bank.
(Version 2.1 February, 2007)
20. Subject to the Sponsor's continued satisfactory completion of all required success criteria
and monitoring, additional restoration mitigation credits will be available for sale by the Sponsor
on the following schedule:
For Wetland Mitigation:
Wetlands Credit Release:
¦ 10% after first year, if interim success measures are met (total 25%);
¦ 10% after second year; if interim success measures are met (total 35%);
¦ 10% after third year; if interim success measures are met (total 45%);
¦ 15% after fourth year; if interim success measures are met (total 60%);
¦ 15% after fifth year, if Success Criteria are met (total 75%); and
¦ 25% after fifth year, if the bank site meets the overall objectives and Success Criteria
set forth in mitigation plan (total 100%).
The above schedule applies only to the extent the Sponsor documents acceptable survival and
growth of planted vegetation, and attainment of acceptable wetland hydrology as described under
the success criteria in the monitoring section of the mitigation plan. The final 25% of credits will
be available for use only upon a determination by the MBRT of functional success as defined in
the mitigation plan.
Stream Restoration and Enhancement Credit Release:
¦ 15% for items in paragraph 19, above
¦ Construction release:
10 % upon completion of all initial physical and biological improvements made pursuant
to the mitigation plan: (25% cumulative)
¦ After year 1: (35% and 45% cumulative)
10% if no bankfull event occurs: 20% if bankfull event has occurred, channel is stable
and all other success criteria met.
¦ After year 2: (45% and 55% cumulative)
10% if the first bankfull event occurred in a previous year or a bankfull event does not
occur in this year. 20% if the first bankfull event occurs in this year, channel is stable and
all other success criteria met.
¦ After year 3: (55% to 65% cumulative)
10% or 20% (same as year 2).
¦ After year 4: (65% to 75% cumulative)
10% or 20% (same as year 2 and year 3)
¦ After year 5: (90% to 100% cumulative)
25% if at least one bankfull event has occurred in the previous year(s). 35% if the first
bankfull event occurs in year 5 and the MBRT makes a determination of functional
success as defined in the mitigation plan.
(Version 2.1 February, 2007)
The above schedule applies only to the extent the Sponsor documents acceptable survival and
growth of planted vegetation, attainment of acceptable wetland/stream conditions as described
under the success criteria in the monitoring section of the mitigation plan.
Stream and Wetland Preservation Credit Release:
For the portion of the Bank Site considered to be preservation, 100% of the credit will be
released immediately upon execution of the NMI by the Sponsor, the USACE, and other
agencies eligible for membership in the MBRT who choose to execute this agreement and
recordation of the preservation mechanism.
21. The Sponsor shall submit an annual ledger documenting credit releases and debits to the
MBRT for maintaining accurate records of credit transactions made from the Bank. Accounting
procedures shall include the generation of a report by the Sponsor showing credits used each
time they are debited from the Bank, which the Sponsor shall provide within 30 days of the debit
to the chair of the MBRT. In addition, the Sponsor shall prepare an annual report, by the end of
each calendar-year, showing all credits used, and the balance of credits remaining, the USACE
and NCDWQ, until such time as all of the credits have been utilized, or this agreement is
otherwise terminated. All reports shall identify credits debited and remaining by type of credit
(e. g., stream), and shall include for each reported debit the Corps Action ID number for the
permit for which the credits were utilized.
Property Disposition
22. The Sponsor shall secure a Permanent Conservation Easement, in form acceptable to the
MBRT, sufficient to protect the Bank site in perpetuity. The Permanent Conservation Easement
shall be perpetual, preserve all natural areas, and prohibit all use of the property inconsistent with
its goals as mitigation property, including any activity that would materially alter the biological
integrity or functional and educational value of streams or wetlands within the Bank site,
consistent with the mitigation plan. The purpose of the Permanent Conservation Easement will
be to assure that future use of the Bank site will result in the restoration, protection, maintenance
and enhancement of wetland functions described in the mitigation plan. The Sponsor shall
deliver a title opinion acceptable to the Corps covering the mitigation property. The property
shall be free and clear of any encumbrances that would conflict with its use as mitigation,
including, but not limited to, any liens that have priority over the recorded preservation
mechanism. Prior to Bank closure a mutually acceptable, long-term land steward will be
identified and the permanent conservation easement will be transferred to that steward.
Financial Assurances
23. The Sponsor will provide security in the form of acceptable performance bonds or letters of credit
as described in the following paragraph to guarantee delivery of the minimum number of Mitigation Units
(Version 2.1 February, 2007)
sold. The performance bonds must be obtained from a company licensed in North Carolina with a Best's
current rating of not less than "A -". The performance bonds will follow the prescribed wording provided
in N.C.G.S. § 44A-33.
The Sponsor must provide a performance bond for 55% of the total cost of the construction and must be
in effect and submitted with the executed conservation easement. This bond must remain in effect until
the Sponsor has received written notification from the USACE that the requirements pertaining to
construction and planting described in the Mitigation Plan have been met. After the project has been
successfully constructed and planted according to the Mitigation Plan„ the bond can then be retired.
Long-term Management
24. The Sponsor shall implement the long-term management measures described in the
Mitigation Plan, section 14.
Miscellaneous
25. Any agency participant may terminate its participation in the MBRT with notice in
writing to all other parties to this agreement. Termination shall be effective seven (7) days from
placing said notices in the United States mail. Member withdrawal shall not affect any prior sale
of credits and all remaining parties shall continue to implement and enforce the terms of this
NMI. Except for termination as described above, this agreement may be modified only with the
written agreement of all remaining parties to this agreement at the time of the modification.
26. Any delay or failure of Bank Sponsor shall not constitute a default hereunder if and to the
extent that such delay or failure is primarily caused by any act, event or conditions beyond the
Sponsor's reasonable control and significantly adversely affects its ability to perform its
obligations hereunder including: (i) acts of God, lightning, earthquake, fire, landslide, drought,
hurricane, storm, flood, or interference by third parties; (ii) condemnation or other taking by any
governmental body; (iii) change in applicable law, regulation, rule, ordinance or permit
condition, or the interpretation or enforcement thereof, (iv) any order, judgment, action or
determination of any federal, state or local court, administrative agency or government body; or
(v) the suspension or interruption of any permit, license, consent, authorization or approval. If
the performance of the Bank Sponsor is affected by any such event, Bank Sponsor shall give
written notice thereof to the MBRT as soon as is reasonably practicable. If such event occurs
before the final availability of all credits for sale, the Sponsor shall take remedial action to
restore the property to its condition prior to such event, in a manner sufficient to provide
adequate mitigation to cover credits that were sold prior to such delay or failure to compensate
for impacts to waters, including wetlands, authorized by Department of the Army permits. Such
remedial action shall be taken by the Sponsor only to the extent necessary and appropriate, as
determined by the MBRT.
27. No third party shall be deemed a beneficiary hereof and no one except the signatories
hereof, their successors and assigns, shall be entitled to seek enforcement hereof.
(Version 2.1 February, 2007)
28. This MBI constitutes the entire agreement between the parties concerning the subject
matter hereof and supersedes all prior agreements or undertakings.
29. In the event any one or more of the provisions contained in this MBI are held to be
invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceablility
will not affect any other provisions hereof, and this MBI shall be construed as if such invalid,
illegal or unenforceable provision had not been contained herein.
30. This NMI shall be governed by and construed in accordance with the laws of North
Carolina and the United States as appropriate.
31. This NMI may be executed by the parties in any combination, in one or more
counterparts, all of which together shall constitute but one and the same instrument.
32. The terms and conditions of this NMI shall be binding upon, and inure to the benefit of
the parties hereto and their respective successors.
33. All notices and required reports shall be sent by regular mail to each of the parties at their
respective addresses, provided below:
Sponsor:
Richard K. Mogensen
Mid-Atlantic Mitigation, LLC
9301 Aviation Blvd., Suite CE1
Concord, NC 28027
USACE:
Mr. Monte Matthews
U. S. Army USACE of Engineers
Regulatory Division - Wilmington District
Raleigh Field Office
6508 Falls of Neuse Road, Suite 120
Raleigh, North Carolina 27615
USEPA:
Ms. Rebecca Fox
Wetlands Section - Region IV
1349 Firefly Road
Whittier, NC 28789
FWS:
Mr. Harold F. Hall
(Version 2.1 February, 2007)
U. S. Fish and Wildlife Service
Ecological Services
P. O. Box 33726
Raleigh, North Carolina 27636-3726
NCWRC:
Ms. Shari Bryant
North Carolina Wildlife Resources Commission
PO Box 129
Sedalia, NC 27342
NCDWQ:
Mr. Ian McMillan
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
(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":
Sponsor: Mid-Atlantic Mitigation, LLC
By:
Date:
U.S. Army Corps of Engineers:
By: Date:
10
(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:
Date:
N.C. Division of Water Quality:
By: Date:
N.C. Wildlife Resources Commission:
By: Date:
II
(Version 2.1 February, 2007)
List of Appendices
Appendix A: Forrest Creek Mitigation Bank Mitigation Plan
12
Forrest Creek Mitigation Bank
Mitigation Plan
Orange County, North Carolina
Prepared for:
Mid-Atlantic Mitigation, LLC
February 2007
©Kimley-Horn and Associates, Inc. 2007
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 1
Table of Contents
1.0 Introduction ........................................................................................................ .............3
2.0 Bank Goals and Objectives ................................................................................. .............3
3.0 Ownership of Bank Lands .................................................................................. .............5
4.0 Bank Size and Criterion of Resources Proposed for Inclusion in the Bank .......... .............5
5.0 Description of Baseline Conditions at the Bank Site ........................................... .............6
5.1 Site Description .............................................................................................. .............6
5.2 Geology .......................................................................................................... .............6
5.3 Soils ............................................................................................................... .............6
5.4 Hydrology and Water Resources ..................................................................... .............7
5.5 Existing Vegetation and Invasive Species ....................................................... .............7
5.6 Jurisdictional Streams and Wetlands ............................................................... .............8
5.7 Flood Mapping ............................................................................................... .............9
5.8 Cultural Resources .......................................................................................... .............9
5.9 Protected Species ............................................................................................ .............9
5.10 Environmental Issues ...................................................................................... ...........10
6.0 Geographic Service Area .................................................................................... ...........10
7.0 Aquatic Resource Impacts Suitable for Compensation ................................................ ...........10
8.0 Methods for Determining Credits and Debits .............................................................. ...........10
9.0 Accounting Procedures .......................................................................................... ...........13
10.0 Performance Standards for Determining Credit Availability and Bank Success ............... ...........13
11.0 Reporting Protocols and Monitoring Plans ................................................................. ...........15
11.1 Stream Channel Assessment ........................................................................... ...........15
11.2 Vegetation ...................................................................................................... ...........16
11.3 Frequency ....................................................................................................... ...........17
12.0 Contingency and Remedial Actions and Responsibilities ............................................. ...........17
13.0 Financial Assurances ............................................................................................. ...........17
14.0 Provisions for Long-Term Management and Maintenance ........................................... ...........17
List of Figures
Figure 1.
Figure 2.
Figure 3.
Figure 4.
Figure 5.
Vicinity Map
Conceptual Design
Soils
Flood Mapping
Aerial Photo
List of Appendices
Appendix A. Model Easement
Appendix B. Description of Stream Restoration and Enhancement Level II
Appendix C. Morphological Measurements Table
Appendix D. Stream Cross Section and Design Parameters
Appendix E. Riparian Area Restoration
Appendix F. Photo Log
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 2
1.0 Introduction
Mid-Atlantic Mitigation, LLC (Sponsor) respectfully submits this Mitigation Plan 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
Mitigation Plan 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 Mitigation Plan will be the basis of a formal Mitigation Banking Instrument (MBI).
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 Mitigation
Plan 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 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), enhancement, and preservation of Forrest Creek and one of
its tributaries. Narrow areas of riverine wetlands may be restored and/or created for additional
habitat diversity in areas of the old, abandoned channels.
Forrest Creek is classified by the North Carolina
Division of Water Quality (NCDWQ) as WS II (water
supply II), HQW (high quality waters) and NSW
(nutrient sensitive water). As such restoring and
protecting the stream and riparian area function that
have been severely degraded by the existing cattle
Forrest Creek Mitigation Banking Mitigation Plan, Orange County, North
MidAtlantzcMitigatzon, LLC 3

operation is paramount to maintaining the uses of Forrest Creek. The local Soil and Water
Conservation District has implemented a plan to help prevent cattle from entering riparian areas
by providing a completely fenced cattle path between certain pastures on the property.
Establishing the Bank would completely prevent cattle from accessing both of the streams and
riparian areas adjacent to the streams as well as restoring, enhancing and preserving these
systems where appropriate so that these systems can have their proper ecological functions. The
objective of the restoration plan is to restore the primary stream and riparian area functions and
values associated with nutrient removal and transformation, sediment retention, flood-flow
attenuation, native species communities, 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
and the multi-agency Stream Mitigation Guidelines (April 2003). 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 riparian buffer will be designed to restore targeted natural communities that are
based on comparison of existing site conditions with established type communities (Schafale and
Weakly) with verification of appropriate species from proximate reference natural communities.
Planted species will be grown from local genetic stock from a pre-screened nursery within the
same climatic zone in an area within 200 miles north and south of the site. To assure that desired
species will be available for planting, the planting list will be developed and target plants will be
ordered from the nursery prior to the growing season preceding restoration activities. A list of
planting alternates will be created as a contingency in case specific species of pre-ordered plants
are not available or acceptable for installation. 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 fenced out of the project area. This will reduce nutrient loading and bank erosion.
Restoration of the channels will include restoring the dimension, pattern and overall profile (see
Appendix B, C and D). 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.
The length of the stream proposed as preservation is mostly stable with an established riparian
buffer. Most of the buffer contains native and target plant species with few instances of invasive
or noxious species. The watershed is classified as WSII, HWQ, and NSW making the stream a
valuable resource with the highest uses. As such, this section of the stream in a good candidate
for preservation.
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 4
3.0 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 permanent
conservation easement so that the site will be protected in perpetuity (Appendix A). Specific
information regarding the ownership status is provided in the chart below. The sample
conservation easement can be found in Appendix A Parcel locations are presented on Figure 2.
Initially, Mid-Atlantic Mitigation will hold and enforce the easement with the USACE acting as
a third party. Once all of the credits are sold and prior to formal bank closure a mutually
agreeable long-term land steward will be identified to hold the conservation easement. Entities
such as the Orange County Soil and Water Conservation District, the Triangle Land
Conservancy, or the NCEEP are examples of such potential holders.
Current Owner Address Pin No. Total Acreage of Tract Tract
No.
Milton A Latta & 3200 Edmund Latta
257.24 Total
Sons Dairy Road, Hillsborough, 9876497735 255370
(Only floodplain acres will be purchased)
Farms, Inc. NC, 27278
69.82 Total
9877601770 228743
Onl flood lain acres will be urchased
65.88 Total
9876678660 265322
(Only floodplain acres will be purchased)
Real Estate Provisions: The Sponsor shall provide for the perpetual protection and preservation
of the Forrest Creek Mitigation Bank through a permanent conservation easement. This
document will be based on the USACE and/or NCEEP model document with the language
modified to allow for existing and proposed cattle crossings easements or other specified access.
These areas will be specifically identified and excluded from the conservation easement and will
not generate mitigation credit. A copy of the conservation easement to be used as the standard is
included as Appendix A. The USACE will be given notice that all easements have been
recorded with the appropriate entity. This notice shall include a copy of a sample completed
document and a list of all properties on which these conservation documents were recorded.
4.0 Bank Size and Criterion of Resources Proposed for Inclusion in the
Bank
The proposed bank size covers approximately 25 acres with 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 6,900 linear feet of
restoration, 325 feet of Enhancement Level II and 3,050 linear feet of stream preservation will be
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 5
provided within the site's boundaries. Please refer to Section 8 for an assessment of stream
mitigation credits.
There are presently no wetlands classified by the USFWS National Wetland Inventory on site.
The majority of the site consists of pastureland. A recent, wetland delineation found one wetland
area along the extreme northwestern portion of the property. This area may be included in the
NMI as preservation. It is associated with the Forrest Creek channel.
5.0 Description of Baseline Conditions at the Bank Site
5.1 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.
5.2 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.
5.3 Soils
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 6
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 (NRCS, 2000).
5.4 Hydrology and Water Resources
Forrest Creek and its tributary are part of the upper Neuse River Basin, situated within US
Geological Survey (USGS) Hydrologic Unit Codes (HUCs) 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-
II, HQW, NSW (NCDENR, 2002). It should be noted however, that the actual condition of
Forrest Creek does not reflect this classification. The length of the stream proposed for
restoration 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.
5.5 Existing Vegetation and Invasive Species
Three regions define riparian mitigation opportunities within the Forrest Creek watershed
(Figure 2). Region 1 includes the stream preservation located in the northern section of the site.
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 7
Region 2 includes two areas: the section of the tributary to Forrest Creek that runs from the
parcel boundary separating wooded area with pasture to the confluence with Forrest Creek and
the section of Forrest Creek between the preservation reach and Edmund Latta Road. Region 3
includes the remaining sections of Forrest Creek and its tributary. (See Figure 1)
Region 1 covers a wide buffer surrounding the stream. Native woody vegetation such as
hackberry (Celtis laevigata), tulip poplar (Liriodendron tulipifera), sycamore (Platanus
occidentalis), eastern red cedar (Juniperus virginiana) and sweetgum (Liquidambar styracifZua)
dominate the canopy and understory. Some invasive species also compose a portion of the
community; however, the species do not appear to be dominant or spreading in any areas
reviewed.
Region 2 covers a mostly 50 foot buffer surrounding the stream. A significant population of
invasives including privet (Ligustrum sinense), multiflora rose (Rosa multiflora), Japanese
honeysuckle (Lonicera japonica), Japanese Stilt Grass (Mircostegium vimineum), Tree-of-
Heaven (Ailanthus altissima), and Princess Tree (Paulownia tomentosa) compromises the
integrity of the natural community. As part of the restoration and Enhancement Level II
activities the invasives will be removed and supplemental planting of naturally existing species
will be provided to enhance the riparian buffer.
Region 3 consists of predominantly herbaceous species including fescue (Festuca sp.) with a
strip of woody vegetation that rarely extends beyond 10 feet from the top of bank. Both native
and invasive tree species comprise Region 3. The trees live within an unstable high energy
environment. The accelerated erosion of the stream banks makes these trees vulnerable to
falling. These areas will be restored and planted as described above in Section 2.0 and Appendix
E. See Figure 2.
5.6 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.
Based on the site visit July 25, 2006, Forrest Creek and the unnamed tributary had flowing water
with fish and other aquatic species. As such, it is assumed that the systems are perennial
considering the time of year.
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
Forrest Creek Mitigation Banking Mitigation Plan, Orange County, North
MidAtlantzcMitigatzon, LLC 8
•rv_
-55
Tub ?..? 1'^3, p?f }? qS
-?s
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 be
preserved as part of the mitigation bank. No wetlands exist within the proposed stream
restoration areas due to the existing land use, current vegetation and soil types.
It is anticipated that a Nationwide Permit No. 27 with the corresponding Water Quality
Certification will be required. Additionally, it is anticipated that a Sedimentation and Erosion
Control Permit and the corresponding NPDES Stormwater Permit will also be required. No other
Federal or State permits or approvals are anticipated.
5.7 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)
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 no-rise certification
or 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.
5.8 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 seek a
clearance letter from the SHPO prior to implementing the restoration plan.
5.9 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 lilliput, 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
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 9
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 sought prior to restoration activities.
5.10 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.
6.0 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). Use of the Bank Site to compensate for impacts
beyond the geographic service area may be considered by the USACE or the permitting agency
on a case-by-case basis.
7.0 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 compensate for stream
impacts and/or losses to similar resources 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 MBRT will determine the actual formula for compensation,
since only minor amounts of restoration, enhancement, and/or creation will be proposed. A
proposed restoration summary is presented in Appendix B, C and D and shown in Figure 1.
8.0 Methods for Determining Credits and Debits
According to the US Army Corps of Engineers (USACE) and NCDWQ, 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 6,900 linear feet of restoration,
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 10
325 feet of Enhancement Level II, and 3,050 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 and Tributary) 6,900 6,900
Stream Preservation Forrest Creek 3,050 610
Stream Enhancement Level II (Forrest Creek) 325 130
TOTALS 10,200 7,640
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)
Credit Release Schedule: Typically, fifteen percent (15%) of the projected credit total for the
Bank Sites developed as part of the Forrest Creek Mitigation Bank (other than preservation
acreage which are available in their entirety as described below) shall be available for advance
sale and debiting, provided the following minimum requirements have been satisfied; (i)
execution of the NMI by the Sponsor, the USACE and the other agencies eligible for
membership in the MBRT who choose to execute the agreement; (ii) the Mitigation Plan has
been approved; and (iii) a conservation easement/declaration of restrictions (as described
previously in the Prospectus) is placed on the Bank Site; and (iv) appropriate financial
assurances of a type and amount acceptable to the USACE and the MBRT have been established,
if necessary. Credit release shall begin as soon as the above conditions have been met.
Stream Restoration and Enhancement Credit Release:
¦ 15% for items i through iv, above.
¦ Construction release:
10 % upon completion of all initial physical and biological improvements made pursuant
to the mitigation plan: (25% cumulative)
¦ After year 1: (35% and 45% cumulative)
10% if no bankfull event occurs: 20% if bankfull event has occurred, channel is stable
and all other success criteria met.
¦ After year 2: (45% and 55% cumulative)
10% if the first bankfull event occurred in a previous year or a bankfull event does not
occur in this year. 20% if the first bankfull event occurs in this year, channel is stable and
all other success criteria met.
¦ After year 3: (55% to 65% cumulative)
10% or 20% (same as year 2).
¦ After year 4: (65% to 75% cumulative)
10% or 20% (same as year 2 and year 3)
¦ After year 5: (90% to 100% cumulative)
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 11
25% if at least one bankfull event has occurred in the previous year(s). 35% if the first
bankfull event occurs in year 5 and the MBRT makes a determination of functional
success as defined in the mitigation plan.
The above schedule applies only to the extent the Sponsor documents acceptable survival and
growth of planted vegetation, attainment of acceptable wetland/stream conditions as described
under the success criteria in the monitoring section of the mitigation plan.
Preservation Credit Release:
For the portion of the Bank Site considered to be preservation, it is requested that 100% of the
credit be released immediately upon execution of the NMI by the Sponsor, the USACE, and
other agencies eligible for membership in the MBRT who choose to execute this agreement and
recordation of the preservation mechanism.
No wetland restoration or enhancement is proposed at this time; however, should any be
proposed during the design phase, the credit release schedule below would apply.
Wetlands Credit Release:
¦ 10% after first year, if interim success measures are met (total 25%);
¦ 10% after second year; if interim success measures are met (total 35%);
¦ 10% after third year; if interim success measures are met (total 45%);
¦ 15% after fourth year; if interim success measures are met (total 60%);
¦ 15% after fifth year, if Success Criteria are met (total 75%); and
¦ 25% after fifth year, if the bank site meets the overall objectives and Success Criteria
set forth in mitigation plan (total 100%).
Use of Credits
Decision-Making Authority for Use of the Bank:
The USACE is the regulatory authority for permit decisions pursuant to Section 404 of the Clean
Water Act, including determinations of compliance with the USACE permit regulations (33 CFR
Parts 320-330) and Section 404 (b) (1) Guidelines (40 CFR Part 230). NCDWQ also has been
designated the regulatory authority in North Carolina for issuing Water Quality Certifications for
wetlands and streams impacts through Section 401 of the Clean Water Act. NCDWQ has
developed mitigation requirements, as well, regarding wetland and stream impacts. NCDWQ
has implemented rules for protecting stream buffers in the Neuse Basin that includes
requirements for mitigating impacts to riparian buffers. The USACE will determine the amount
of compensatory mitigation required for each 404 permit, and the equivalent number of credits
necessary to meet mitigation requirements and whether the Forrest Creek Mitigation Bank is
acceptable for use. To the extent that the Bank may be authorized for use under other Federal,
State, or local programs, the USACE, in consultation with the affected regulatory entity, will
determine the eligibility of projects to use the Bank on a case-by-case basis. The objective of the
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 12
Bank is to meet the USACE and NCDENR waters of the US, water supply watershed, and future
buffer mitigation requirements.
9.0 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.
10.0 Performance Standards for Determining Credit Availability and Bank
Success
Sponsor's Obligations: The Sponsor agrees to perform all necessary work, in accordance with
the provisions of the NMI to establish and/or maintain the Bank Site or phases of the Bank Site,
until (1) credits have been exhausted or banking activity is voluntarily terminated through
written notice by the Sponsor with approval of the USACE and MBRT; and (2) it has been
determined that the debited Bank Site has satisfied all the conditions in the MBI. It is anticipated
that the MBRT will provide official notification that a Bank Site has been "closed out" upon
receiving a request by Sponsor including documentation that the site can be closed out.
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 of the restoration and
enhancement areas will be performed for five years or until success criteria are met. Monitoring
in the restoration area is proposed for stream dimension, pattern and profile, as well as riparian
buffer vegetation. Monitoring in the Enhancement Level II area is proposed for the riparian
vegetation only. The monitoring plan will be in accordance with USACE protocols.
Success criteria for stream mitigation sites are based on the Stream Mitigation Guidance (April
2003) 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.
Restored stream reaches: The restored stream geometry will be considered successful if the
cross-section geometry, profile, and sinuosity are stable or reach a dynamic equilibrium. It is
expected that there will be minimal changes in the designed cross sections, profile, and/or
substrate composition. Changes that may occur during the monitoring period will be evaluated to
determine if they represent a movement toward a more unstable condition (e.g. down cutting,
erosion, etc.) or are minor changes that represent an increase in stability (e.g. settling, vegetative
changes, coarsening of bed material, etc.).
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 13
An initial, though not exclusive, indicator of success will be adherence to design or reference
ratios of stream geometry found in the morphological table or in comparable and stable reference
systems.
Deviation from the design ratios will not necessarily denote failure as it is possible to maintain
stability and not stay within the design geometry. The following key indicators of stability
provide a more complete picture of stream stability:
Stream Type: Maintenance of the design stream type or progression or conversion to stable
stream type such as C or E will indicate stability
Bank Height Ratio: Bank height ratio between 1.0 and 1.1 will indicate flood flows have
access to the active floodplain and that higher flows do not apply excessive stresses to stream
banks
Erosion of upstream unstable stream banks will persistently contribute sediment to the project
reaches. The designer anticipates that the excess sediment will either be routed through the
project area or deposited in target areas such as point bars and the floodplain. Minor
sedimentation of pools and glides may occur. The pools are designed to be over dug to account
for some sedimentation.
Vegetation success will measure the likelihood of the reforested stands developing into the
communities specified in Appendix E. Stands that show progression towards a target species
composition and overall abundance will be considered successful. The target composition will
be the measure of reproductively viable populations of target species within the stand. A
majority (80%) of the targeted species should be present in the reforestation area in numbers and
condition conducive to continuing the species through the maturation of the community. The
population of noxious species will be kept below 10% of the total population. Abundance as
measured by the total population of species within the reforested area will meet USACE
guidelines for wetland and stream mitigation. Appendix E provides a listing of target species
and also provides a list of species not considered target species (non-target). For the purposes of
this mitigation plan, noxious species are defined as those plants listed in the Exotic Plant
Guidelines by Cherri Smith in 1998 for the North Carolina Department of Environment and
Natural Resources Division of Parks and Recreation.
Community composition and abundance will be tracked through plots measuring survival of
planted and recruited stems. Survivability will be based on 320 stems per acre after three years
and 260 stems per acre after five years. A survey of vegetation between June 1 and October 31
will be conducted annually over the five year monitoring period in order to verify survivability
of the installed plantings and recruited species. This survey will track the total mortality per
species on an annual basis and be used to calculate survivability at the end of three and five
years. Total 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 or the depletion of a target species may require the installation
of additional plantings as replacement for the mortality. A finding of noxious species populations
greater than 10% of the survey may require site maintenance to remove the noxious species.
Vegetation monitoring and maintenance protocols as well as remediation plans introduced in this
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 14
Mitigation Plan will be developed in the restoration plans with on-going coordination with the
MBRT.
11.0 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 (for a minimum of five years). Monitoring is proposed for
hydrology, stream bank integrity, 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.
11.1 Stream Channel Assessment
The monitoring plan to evaluate the success of the stream restoration project is based on
guidance provided by The Stream Mitigation Guidelines disseminated by the United States
Corps of Engineers - Wilmington District and recommendation from the Ecosystem
Enhancement Program. The collection and summarization of monitoring data will be conducted
in accordance with the most current version of the EEP documents entitled "Content, Format,
and Data Requirements for EEP Monitoring Reports"
Upon completion of the restoration project, an as-built survey will be conducted that documents
the following conditions:
¦ Geomorphology (dimension, pattern, and profile)
¦ Channel materials
¦ Channel stability and in-stream structure functionality
¦ Wetland hydrology
¦ Vegetation (stream and wetland)
The survey of channel dimension will consist of permanent cross sections placed at
approximately two cross sections (one riffle and one pool) per unique stream segment. The cross
sections will represent approximately 50% riffles and 50% pools. Annual photographs showing
both banks and upstream and downstream views will be taken from permanent, mapped photo
points. The survey of the longitudinal profile will represent distinct areas of restoration and will
cover a cumulative total of 3,000 linear feet of channel. Newly-constructed meanders will be
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 15
surveyed to provide pattern measurements. Channel material measurements will be collected by
using pebble counts of the permanent cross sections.
The entire restored length of stream will be investigated for channel stability and in-stream
structure integrity. Any evidence of channel instability will be identified, mapped, and
photographed. All structures will be inventoried for functionality and photographed.
The monitoring will occur annually for a minimum of five years. The monitoring period should
include two separate years with bankfull events. Bankfull events will be verified using an
installed crest gauge that will be inspected during each monitoring visit and after significant
storm events. If there are not two bankfull events, the monitoring period may be extended at the
discretion of the USACE, Raleigh Regulatory Field Office Project Manager and the NCDWQ
401-Wetlands Unit. Monitoring reports will be submitted during years 1-5.
11.2 Vegetation
Vegetation requirements state that 260 stems/acre representing a majority of target species 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.
Monitoring for the progress of vegetation restoration will follow protocol developed by the
Carolina Vegetation Survey (CVS) Level 2 inventory plots. Level 2 plots count planted stems
and total woody stems including recruits. The Level 2 inventory also assesses the health of the
inventoried vegetation. Modules, the standard area of inventory, cover a 100 square meter area.
The modules will be placed randomly throughout the restoration and enhancement areas. The
total area inventoried by the modules will compose 3 -5% of the total restoration and
enhancement area. Initial sampling will occur within 60 days of the plantings. The Year 1
monitoring will occur during September with subsequent year's samplings occurring between
June 1 and October 31. For each module, photos will be taken each year at permanent photo
points.
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.
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 16
All vegetation removal from the site shall be done by mechanical means only unless the MBRT
has first authorized the use of herbicides for the control of plants in or immediately adjacent to
the site.
11.3 Frequency
All monitoring reports will be submitted to the USACE, 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 USACE
will coordinate any monitoring report submittals with the MBRT and other appropriate
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.
12.0 Contingency and Remedial Actions and Responsibilities
The annual monitoring 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 provided by Mid-Atlantic
Mitigation.
13.0 Financial Assurances
The Sponsor will provide security in the form of acceptable performance bonds or letters of credit as
described in the following paragraph to guarantee delivery of the minimum number of Mitigation Units
sold. The performance bonds must be obtained from a company licensed in North Carolina with a Best's
current rating of not less than "A -". The performance bonds will follow the prescribed wording provided
in N.C.G.S. § 44A-33.
The Sponsor must provide a performance bond for 55% of the total cost of the construction and must be
in effect and submitted with the executed conservation easement. This bond must remain in effect until
the Sponsor has received written notification from the USACE that the requirements pertaining to
construction and planting described in the Mitigation Plan have been met. After the project has been
successfully constructed and planted according to the Mitigation Plan, the bond can then be retired.
14.0 Provisions for Long-Term Management and Maintenance
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 17
The Bank sponsor, Mid-Atlantic 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 (included in Appendix
A), prior to the Bank closure. The conservation easement will ensure that future activities
including agriculture, mining, dredging, timbering and development will not occur on the
restored site. The conservation easement will be transferred to 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.
Possible land stewards include Orange County Soil and Water District, the Triangle Land
Conservancy, or the NCEEP.
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 18
Figures
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 19
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8/24/06 012857004 5
Prepared by Jason Diaz
APPENDIX A Model Conservation Easement
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 20
MODEL CONSERVATION EASEMENT
January 18, 2001
Rev'd October 16, 2002
Rev'd August, 2003
Model Conservation Easement for use in preserving mitigation property. Language in
italics is instructional, and should be deleted when site-specific Conservation Easement
is prepared.
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this
day of , 200 by and between
("Grantor") and
(Grantee).
The designation Grantor and Grantee as used herein shall include said parties,
their heirs, successors and assigns, and shall include singular, plural, masculine, feminine
or neuter as required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and
being in County, North Carolina, more particularly
described in Exhibit A attached hereto and incorporated herein ("Property");
WHEREAS, Grantee is [either a public body of this state, an agency of the United
States, or a nonprofit corporation or trust whose purpose is the conservation of property],
and is qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat.
§ 121-35;
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or
aesthetic value of the property in its natural state, which includes the following natural
communities: [describe by wetland and/or stream type, as well as any associated buffers
or upland communities]. The purpose of this Conservation Easement is to maintain
wetland and/or riparian resources and other natural values of the Property, and prevent
the use or development of the Property for any purpose or in any manner that would
conflict with the maintenance of the Property in its natural condition.
[For use when the mitigation is offered for impacts of a single individual or
general permit use] WHEREAS, the preservation of the Property is a condition of
Department of the Army permit Action ID issued by the Wilmington
District Corps of Engineers, required to mitigate for unavoidable stream and/or wetland
impacts authorized by that permit. Grantor and Grantee agree that third-party rights of
enforcement shall be held by the U.S. Army Corps of Engineers, Wilmington District
(Corps, to include any successor agencies), and that these rights are in addition to, and do
not limit, the rights of enforcement under said permit.
[Alternate paragraph for use when the conservation easement supports a
mitigation bank] WHEREAS, the preservation of the Property is required by a Mitigation
Banking Instrument for the [Name of Bank], Department of the Army Action ID [Action
ID number for the mitigation bank]. The Mitigation Bank is intended to be used to
compensate for unavoidable stream and/or wetland impacts authorized by permits issued
by the Department of the Army. Grantor and Grantee agree that third-party rights of
enforcement shall be held by the U.S. Army Corps of Engineers, Wilmington District
(Corps, to include any successor agencies), and that these rights are in addition to, and do
not limit, the rights of the parties to the Mitigation Banking Instrument.
NOW, THEREFORE, for and in consideration of the covenants and
representations contained herein and for other good and valuable consideration, the
receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby
unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors
and assigns, forever and in perpetuity a Conservation Easement of the nature and
character and to the extent hereinafter set forth, over the Property described on Exhibit A,
together with the right to preserve and protect the conservation values thereof, as follows:
ARTICLE I.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This conservation Easement is an
easement in gross, runs with the land and is enforceable by Grantee against Grantor,
Grantor's personal representatives, heirs, successors and assigns, lessees, agents and
licensees.
ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purpose of this
Conservation Easement is prohibited. The Property shall be preserved in its natural
condition and restricted from any development that would impair or interfere with the
conservation values of the Property.
Without limiting the generality of the foregoing, the following activities and uses
are expressly prohibited, restricted or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the Property or any introduction of non-native
plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building,
mobile home, asphalt or concrete pavement, billboard or other advertising display,
antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or
permanent structure or facility on or above the Property.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any right of passage for such purposes are prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting
or mowing of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways
on the property; nor enlargement or modification to existing roads, trails or walkways.
G. Signage. No signs shall be permitted on or over the Property, except the
posting of no trespassing signs, signs identifying the conservation values of the Property,
signs giving directions or proscribing rules and regulations for the use of the Property
and/or signs identifying the Grantor as owner of the property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or other
materials on the Property is prohibited.
1. Excavation, Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any manner
on the Property, except to restore natural topography or drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or alteration
of the restored, enhanced, or created drainage patterns. In addition, diverting or causing
or permitting the diversion of surface or underground water into, within or out of the
easement area by any means, removal of wetlands, polluting or discharging into waters,
springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.
K. Development Rights. No development rights that have been encumbered or
extinguished by this Conservation Easement shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited. [The Corps
will generally allow the use of vehicles on existing roads provided those roads are
identified by reference to a recorded map showing their location, configuration, and
size.]
M. Other Prohibitions. Any other use of, or activity on, the Property which is or
may become inconsistent with the purposes of this grant, the preservation of the Property
substantially in its natural condition, or the protection of its environmental systems, is
prohibited.
ARTICLE III
GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs,
successors or assigns, the right to continue the use of the property for all purposes not
inconsistent with this Conservation Easement, including, but not limited to, the right to
quiet enjoyment of the Property, the rights of ingress and egress, the right to hunt, fish,
and hike on the Property, the right to sell, transfer, gift or otherwise convey the Property,
in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms
of, and shall specifically reference, this Conservation Easement.
[For use when mitigation work (approved or required restoration, creation, or
enhancement)is to be done on the property]Notwithstanding the foregoing Restrictions,
Grantor reserves for Grantor, its successors and assigns, the right to construct wetland
and stream mitigation on the Property, in accordance with the [describe mitigation plan
by title, date and permit action id if a single mitigation site; if a mitigation bank, include
the language "detailed mitigation plan approved in accordance with the Mitigation
Banking Instrument for the
ARTICLE IV.
GRANTEE'S RIGHTS
Mitigation Bank.]
The Grantee or its authorized representatives, successors and assigns, and the
Corps, shall have the right to enter the Property at all reasonable times for the purpose of
inspecting said property to determine if the Grantor, or his personal representatives, heirs,
successors, or assigns, is complying with the terms, conditions, restrictions, and purposes
of this Conservation Easement. The Grantee shall also have the right to enter and go
upon the Property for purposes of making scientific or educational observations and
studies, and taking samples. The easement rights granted herein do not include public
access rights.
ARTICLE V
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Easement, Grantee is allowed to prevent
any activity on or use of the Property that is inconsistent with the purposes of this
Easement and to require the restoration of such areas or features of the Property that may
be damaged by such activity or use. Upon any breach of the terms of this Conservation
Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify
the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of
such notice to correct the conditions constituting such breach. If the breach remains
uncured after 30 days, the Grantee may enforce this Conservation Easement by
appropriate legal proceedings including damages, injunctive and other relief.
Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice,
to obtain a temporary restraining order, injunctive or other appropriate relief if the breach
of the term of this Conservation Easement is or would irreversibly or otherwise
materially impair the benefits to be derived from this Conservation Easement. The
Grantor and Grantee acknowledge that under such circumstances damage to the Grantee
would be irreparable and remedies at law will be inadequate. The rights and remedies of
the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights
and remedies available to Grantee in connection with this Conservation Easement. The
costs of a breach, correction or restoration, including the Grantee's expenses, court costs,
and attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be
responsible for the breach. The Corps shall have the same right to enforce the terms and
conditions of this easement as the Grantee.
B. No failure on the part of the Grantee to enforce any covenant or provision
hereof shall discharge or invalidate such covenant or any other covenant, condition, or
provision hereof or affect the right to Grantee to enforce the same in the event of a
subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed to entitle
Grantee to bring any action against Grantor for any injury or change in the Property
resulting from causes beyond the Grantor's control, including, without limitation, fire,
flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or
from any prudent action taken in good faith by Grantor under emergency conditions to
prevent, abate, or mitigate significant injury to life, damage to property or harm to the
Property resulting from such causes.
ARTICLE VI
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns the
Property in fee simple, and that Grantor either owns all interests in the Property which
may be impaired by the granting of this Conservation Easement or that there are no
outstanding mortgages, tax liens, encumbrances, or other interests in the Property which
have not been expressly subordinated to this Conservation Easement. Grantor further
warrants that Grantee shall have the use of and enjoy all the benefits derived from and
arising out of this Conservation Easement, and that Grantor will warrant and defend title
to the Property against the claims of all persons.
B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this
Conservation Easement in any deed or other legal instrument that transfers any interest in
all or a portion of the Property. The Grantor agrees to provide written notice of such
transfer at least thirty (30) days prior to the date of the transfer. The Grantor and Grantee
agree that the terms of this Conservation Easement shall survive any merger of the fee
and easement interests in the Property or any portion thereof and shall not be amended,
modified or terminated without the prior written consent and approval of the Corps.
C. Assignment. The parties recognize and agree that the benefits of this
Conservation Easement are in gross and assignable provided, however that the Grantee
hereby covenants and agrees, that in the event it transfers or assigns this Conservation
Easement, the organization receiving the interest will be a qualified holder under N.C.
Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee
further covenants and agrees that the terms of the transfer or assignment will be such that
the transferee or assignee will be required to continue in perpetuity the conservation
purposes described in this document.
D. Entire Agreement and Severability. This instrument sets forth the entire
agreement of the parties with respect to the Conservation Easement and supersedes all
prior discussions, negotiations, understandings or agreements relating to the Conservation
Easement. If any provision is found to be void or unenforceable by a court of competent
jurisdiction, the remainder shall continue in full force and effect.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes,
assessments, fees, or charges levied upon the Property. Grantor shall keep the Property
free of any liens or other encumbrances for obligations incurred by Grantor. Grantee shall
not be responsible for any costs or liability of any kind related to the ownership,
operation, insurance, upkeep, or maintenance of the Property, except as expressly
provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with
federal, state or local laws, regulations and permits that may apply to the exercise of the
Reserved Rights.
F. Extinguishment. In the event that changed conditions render impossible the
continued use of the Property for the conservation purposes, this Conservation Easement
may only be extinguished, in whole or in part, by judicial proceeding.
G. Eminent Domain. Whenever all or part of the Property is taken in the exercise
of eminent domain so as to substantially abrogate the Restrictions imposed by this
Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time
of such taking to recover the full value of the taking, and all incidental and direct
damages due to the taking.
H. Proceeds. This Conservation Easement constitutes a real property interest
immediately vested in Grantee. In the event that all or a portion of this Property is sold,
exchanged, or involuntarily converted following an extinguishment or the exercise of
eminent domain, Grantee shall be entitled to the fair market value of this Conservation
Easement. The parties stipulate that the fair market value of this Conservation Easement
shall be determined by multiplying the fair market value of the Property unencumbered
by this Conservation Easement (minus any increase in value after the date of this grant
attributable to improvements) by the ratio of the value of this easement at the time of this
grant to the value of the Property (without deduction for the value of this Conservation
Easement) at the time of this grant. The values at the time of this grant shall be the values
used, or which would have been used, to calculate a deduction for federal income tax
purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or
ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner
consistent with the purposes of this Conservation Easement.
1. Notification. Any notice, request for approval, or other communication
required under this Conservation Easement shall be sent by registered or certified mail,
postage prepaid, to the following addresses (or such address as may be hereafter specified
by notice pursuant to this paragraph):
To Grantor
[Name, address and fax number]
To Grantee:
[Name, address and fax number]
To the Corps:
[Name, address and fax number]
J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this
Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a
reasonable period of time after the occurrence of one of these events Grantee fails to
make an assignment pursuant to this Conservation Easement, then the Grantee's interest
shall become vested in another qualified grantee in accordance with an appropriate
proceeding in a court of competent jurisdiction.
K. Amendment. This Conservation Easement may be amended, but only in a
writing signed by all parties hereto, and provided such amendment does not affect the
qualification of this Conservation Easement or the status of the Grantee under any
applicable laws, and is consistent with the conservation purposes of this grant.
L. [For use if there is a document describing the current condition of the
property. The language provided is applicable if there is a mitigation plan that
accurately describes the current condition and uses of the property. If there is not such a
plan, another document we agree is accurate and can be identified and is in our files can
be referenced. /Present Condition of the Property. The wetlands, scenic, resource,
environmental, and other natural characteristics of the Property, and its current use and
state of improvement, are described in Section , Appendix B of the Mitigation Plan,
dated , prepared by Grantor and acknowledged by the Grantor and
Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee
have copies of this report. It will be used by the parties to assure that any future changes
in the use of the Property will be consistent with the terms of this Conservation
Easement. However, this report is not intended to preclude the use of other evidence to
establish the present condition of the Property if there is a controversy over its use.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for
the aforesaid purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.
[Signatures of the Grantor and Grantee in appropriate form]
APPENDIX B - Description of Stream Restoration and Enhancement Level II
• Proposed Restoration Summary
Initial site inspections of Forrest Creek and the Ut to Forrest Creek showed that both channels
are unstable due to the current and past land use activities. Forrest Creek is overwide with
sections of severe bank erosion. Portions of the riparian buffer are currently being degraded or
are a part of the active pasture areas. The Ut to Forrest Creek is experiencing an increase in
sediment load and is being severely degraded by cattle traffic. The lack of adequate buffer and
sinuosity combined with the noticeable bank scour and channel incision indicates that changes to
the dimension, pattern, profile and additional buffer will be required for restoration activities.
Forrest Creek from the downstream property boundary to the confluence with Ut to Forrest
Creek will be restored by using natural channel design techniques consistent with Rosgen
Priority I. This reach will be restored to a Rosgen C channel type, reconnecting the channel to its
historic floodplain, while correcting the dimension and profile. Rosgen Priority II restoration is
proposed from the confluence to approximately 43 5 linear feet upstream of Edmund Latta Road.
This technique will allow the pattern and dimension to be adjusted, while using the current
channel invert as a base. The existing channel will be utilized where possible to make use of
existing bedrock and to minimize the impacts to the larger hardwood trees. A bankfull bench
will be constructed to allow the channel to access a floodplain during flood events.
Approximately 315 linear feet of the main channel is impounded due to a crushed culvert
causing a backwater condition. This pipe will be replaced in order to restore normal now
conditions to the area and a 50 foot riparian buffer will be planted qualifying this reach as
Rosgen Enhancement Level 11. This crossing will consist of a culvert with invert placed below
the stream bed grade per NCDWQ and USACE requirements. The current crossing is acting as a
weir. The proposed crossing will remove the weir and seek to match the original stream grade.
The remaining 3,050 linear feet of the upper reach of Forrest Creek will be placed into
preservation. This includes the area ponded by beaver activity at the very upper reaches of the
preservation portion of the project.
The UT to Forrest Creek will be restored using a combination of Rosgen Priority I and II
restoration techniques. Cattle have open access to most of the upper reach and have severely
degraded the channel, where in some cases there is no defined dimension, pattern, or profile.
The cattle will be excluded from the channel through livestock fencing of the easement area. A
permanent cattle crossing will be installed just upstream of the confluence with Forrest Creek.
This crossing will consist of a culvert with invert placed below the stream bed grade per
NCDWQ and USACE requirements. This crossing will not be included in the easement area.
Rosgen Priority II restoration will be utilized from the upstream property boundary to the
Edmund Latta Road crossing. The upstream channel bed elevation and the culvert at Edmund
Latta Road will control the profile elevations. The remainder of the channel will utilize Rosgen
Priority I restoration techniques.
Restoring the channels to their natural dimension, stabilizing their profile, and correcting the
pattern will reduce shear stress, increase stream competency, increase water quality, and improve
habitat.
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 21
All excavated material will be used to fill the abandoned channel to match the existing elevation
of the surrounding area. It is anticipated that there will be a balanced cut/fill for the excavated
materials.
• Enhancement Level H
The Enhancement Level II reach will include removal of non-native and invasive species as
described in Appendix E. Additionally, there is a farm road crossing with a crushed tile that is
impounding water in the proposed enhancement area. This road crossing will be repaired or
replaced so that the natural stream flow can be re-established.
• Beaver Management Plan
impacts to the project by beaver will be assessed quarterly during the monitoring period. If it is
determined that beaver are negatively impacting the stream restoration or enhancement portion
of the site the following will be implemented.
To prevent impacts by beavers to the newly designed channels, a beaver management plan will
remove existing on-site beaver populations. A qualified contractor will remove the existing
population. Repopulation of the site by beavers from neighboring streams will be controlled
though active management. Active management will involve a regular schedule of beaver
trapping by a qualified contractor. Beaver trapping will occur monthly for the first year after
construction and then quarterly through the rest of the monitoring period. The restoration plan
also includes design measures to avert reoccupation by beavers. The reconfiguration of the
stream channel from a wide incised dimension (G and F channels) to a higher velocity system
with access to its floodplain should reduce habitat potential. The reach of Forrest Creek that is
proposed for preservation will not be included in any beaver removal or management plan due to
concerns stated by the USACE, unless approved by the MBRT.
• 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 land use 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 and rely on regional curve data.
• 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, the main channel and the tributary will be
constructed. For the most part, these channels will be constructed in a new location (or in the
dry) within their respective flood plains. However, the new channels may intersect the existing
channels in some locations. In such cases, pump around with a filter bag will be used to reduce
sedimentation below the project. 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,
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 22
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 streambanks will be immediately seeded and planted 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. These methods will be implemented in
a manner to minimize sediment input into the stream system.
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
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APPENDIX C - Morphological Measurements Table
Forrest Creek Mitigation Banking Mitigation Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 24
MORPHOLOGICAL DATA
Forrest Creek (Mid-Atlantic Mitigation)
Orange County, North Carolina

VARIABLES
Forrest Creek Trib

Existing Reach Regional Curve and Rosgen

Average Values
"Mini-Curve"
Forrest Creek Trib

Design Reach
Forrest Creek

Existing Reach Regional Curve and Rosgen

Average Values
"Mini-Curve"
Forrest Creek

Design Reach
1. Stream Type
Ros en B C4/5 F C4/5
2. Drainage Area
s . mile 0.12 0.14 0.14 2.8 3.6 3.6
3. Bankfull Width Mean: 8.3 Mean: 7.1 Mean: 10.8 Mean: 15.6 Mean: 23.0 Mean: 27.3
(WW) Range: -- -- Range: -- -- Range: -- -- Range: -- -- Range: -- -- Range: -- --
4. Bankfull Mean Mean: 0.8 Mean: 0.9 Mean: 0.7 Mean: 0.9 Mean: 2.4 Mean: 1.9
depth (db) Range: -- -- Range: -- -- Range: -- -- Range: -- -- Range: -- -- Range: -- --
5. Width/De th Ratio Mean: 10.1 Mean: 7.6 Mean: 15.4 Mean: 16.6 Mean: 9.6 Mean: 14.4
(Wb?WO Range: -- -- Range: -- -- Range: -- -- Range: -- -- Range: -- -- Range: -- --
6. Bankfull cross-sectional Mean: 6.8 Mean: 5.9 Mean: 7.8 Mean: 14.9 Mean: 51.9 Mean: 52.2
Area (Abl) Range: -- -- Range: -- -- Range: -- -- Range: -- -- Range: -- -- Range: -- --
7. Bankfull Mean Velocity Mean: Mean: 3.8 Mean: 2.9 Mean: Mean: 4.4 Mean: 4.4
(VbO Range: -- -- Range: -- -- Range: -- -- Range: -- -- Range: -- -- Range: -- --
8. Bankfull Discharge, cfs Mean: Mean: 22.7 Mean: 22.7 Mean: Mean: 227.5 Mean: 227.5
(QbO Range: Range: -- -- Range: Range: -- -- Range: -- -- Range: -- --
9. Bankfull Maximum Depth Mean: 1.2 Mean: Mean: 1.1 Mean: 1.4 Mean: Mean: 3.0
(dm.) Range: -- -- Range: -- -- Range. -- -- Range: -- -- Range: -- -- Range: -- --
10. Max dr;ff/dW Mean: 1.5 Mean: -- Mean: 1.6 Mean: 1.5 Mean: -- Mean: 1.6
ratio Range: -- -- Range: -- -- Range: -- -- Range: -- -- Range: -- -- Range: -- --
11. Low Bank Height to max Mean: Mean: 1.0 Mean: 1.0 Mean: Mean: 1.0 Mean: 1.0
db, ratio Range: -- -- Range. 1.0 1.1 Range: -- -- Range: -- -- Range: 1.0 1.1 Range: -- --
12. Width of Flood Prone Mean: 11.9 Mean: Mean: 36.8 Mean: 21.7 Mean: Mean: 61.3
Area (Wfp,) Range: -- -- Range: -- -- Range: -- -- Range: -- -- Range: -- -- Range: -- --
13. Entrenchment Ratio Mean: 1.4 Mean: Mean: 3.4 Mean: 1.4 Mean: Mean: 2.2
(W paAN r) Range: -- -- Range: -- -- Range: -- -- Range: -- -- Range: -- -- Range: -- --
14. Meander Length Mean: Mean: Mean: 129.6 Mean: Mean: Mean: 327.6
(Lm) Range: -- -- Range: -- -- Range: 97.2 151.2 Range: -- -- Range. -- -- Range: 245.7 382.2
15. Ratio of Meander Length to Mean: Mean: 12.0
_ Mean: 12.0 Mean: Mean: 12.0 Mean: 12.0
Bankfull Width (Lm/Wbl) Range: -- -- Range: 9.0

14.0
F

Range:

9.0 14.0

Range:

-- --

Range:

9.0 14.0

Range:

9.0 14.0
1
16. Radius of Curvature Mean: Mean: Mean: 30.2 Mean: Mean: Mean: 76.4
(Rj Range: -- -- Range: -- -- Range. 27.0 32.4 Range: -- -- Range: -- -- Range. 68.3 81.9
17. Ratio of Radius of Curvature Mean: Mean: 2.8 Mean: 2.8 Mean: Mean: 2.8 Mean: 2.8
to Bankfull Width (R,ANbl) Range: -- -- Range: 2.5 3.0 Range: 2.5 3.0 Range: -- -- Range: 2.5 3.0 Range: 2.5 3.0
18. Belt Width Mean: Mean: Mean: 31.3 Mean: Mean: Mean: 79.2
(Whit) Range: -- -- Range. -- -- Range. 16.2 46.4 Range: -- -- Range. -- -- Range: 41.0 117.4
19. Meander Width Ratio Mean: Mean: 2.9 Mean: 2.9 Mean: Mean: 2.9 Mean: 2.9
(WhiANW) Range: -- -- Range: 1.5 4.3 Range. 1.5 4.3 Range: -- -- Range. 1.5 4.3 Range: 1.5 4.3
20. Sinuosity (k) Mean: -- Mean: -- Mean: 1.25 Mean: -- Mean: -- Mean: 1.37
(Stream Length /Valley Length) Ran e: -- -- Range: -- -- Ran e: -- -- Range: -- -- Range: -- -- Ran e: -- --
21. Pool Width Mean: Mean: Mean: 16.2 Mean: Mean: Mean: 41.0
(Vvp"l) Range: -- -- Range: -- -- Range: 14.0 18.4 Range: -- -- Range: -- -- Range: 35.5 46.4
22. Ratio of Pool Width to Mean: -- Mean: 1.5 Mean: 1.5 Mean: -- Mean: 1.5 Mean: 1.5
Bankfull Width (Wp,,IANbl) Range: -- -- Range: 1.3 1.7 Range. 1.3 1.7 Range: -- -- Range: 1.3 1.7 Range: 1.3 1.7
23. Pool Area Mean: Mean: Mean: 20.5 Mean: Mean: Mean: 146.6
(Ap,,,) Range: -- -- Range: -- -- Range: -- -- Range: -- -- Range: -- -- Range: -- --
24. Ratio of Pool Area to Mean: -- Mean: -- Mean: 2.6 Mean: -- Mean: -- Mean: 2.8
Bankfull Area (Ap,,,/Abl) Range: -- -- Range: -- -- Range: -- -- Range: -- -- Range: -- -- Range: -- --
25. Pool to Pool Spacing Mean: Mean: Mean: 64.8 Mean: Mean: Mean: 163.8
(p - p) Ran e: -- -- Range: -- -- Ran e: 54.0 75.6 Ran e: -- -- Range:
-- --
Ran e:
136.5 191.1
26. Ratio of Pool to Pool Spacing Mean: -- Mean: 6.0 Mean: 6.0 Mean: -- Mean: 6.0 Mean: 6.0
to Bankfull Width (p-pANbl) Range: -- -- Range: 5.0 7.0 Range: 5.0 7.0 Range: -- -- Range: 5.0 7.0 Range: 5.0 7.0
TApn\01 28 570 04 Forrest Creek\Restoration\Forrest Creek Morph.ds 8242006
APPENDIX D - Stream Cross Sections and Design Parameters
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 25
Forrest Creek Tributary
Typical Riffle Cross Section
201
200
199

198
197
196

195 -Design Cr oss Section

194 -Bankfull Bench
Flood Flow
193-
0 5 10 15 20 25 30 35 40 45 50
ABKF WBKF Max Depth Mean Depth Base Slopes SlopeBench W/d D/d WFPA WBench
7.8 10.8 1.1 0.7 3.5 3.3:1 20:1 14.8 1.5 36.8 10
Forrest Creek Tributary
Typical Pool Cross Section
200.5
200 -
199
5
.
199
198
5
.
198
197
5
.
197 Design Cross Section

196
5 -Bank full Bench
Flood Flow
.
196-
0 5 10 15 20 25 30 35 40 45 50
ABKF WBKF Max Depth Mean Depth Base Slopes SlopeBench W/d D/d WFPA Wbench,L Wbench, R Sbreak Dept SlopeBreak
20.5 20.0 2.1 1.0 1.0 3:1 20:1 19.6 2.1 44.0 10 10 0.5 7:1
Forrest Creek
Typical Riffle Cross Section
201
200
199
198
197
196

195 Design Cross Section

194 -Bankfull Bench
Flood Flow

193- T7
0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 100 105 110 115 120 125
ABKF WBKF Max Depth Mean Depth Base Slopes SlopeBench W/d D/d WFPA WBench
52.2 27.3 3.0 1.9 7.5 3.3:1 20:1 14.3 1.6 63.1 14
Forrest Creek
Typical Pool Cross Section
201
200
199
198
197
196
195
194

193 -Design Cross Section
-Bankfull Bench
Flood Flow
192
191
0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 100 105 110 115 120 125
ABKF WBKF Max Depth Mean Depth Base Slopes Slope Bench W/d D/d WFI Wbench,L Wbench, R Sbreak Dept Slope Break
146.6 53.2 5.7 2.8 3.0 3:1 20:1 19.3 2.1 111.2 26 26 1.7 7:1
Values from Local Regional Curve DA (mi) ABKF WBKF Mean Depth
Upper North Fork Mud Creek 0.7 14.3 10.3 1.4
Lower North Fork Mud Creek 1.2 24.0 12.4 1.9
UT1 to North Fork Mud Creek 0.5 10.3 9.2 1.1
UT2 to North Fork Mud Creek 0.4 8.3 8.5 1.0
UT3 to North Fork Mud Creek 0.07 1.5 4.7 0.3
Design Reaches - Riffle DA (mi) ABKF WBKF Mean Depth Max Depth WBase SlopesBKF SlopeBench Slope-ne.;n W/d D/d WFPA WBench (ea)
Forrest Creek Trib 0.7 7.8 10.8 0.7 1.1 3.5 3.3 20:1 2:1 14.8 1.5 36.8 10.0
Forrest Creek 1.2 52.2 27.3 1.9 3.0 7.5 3.3 20.0 3.0 14.3 1.6 63.1 14.0
Design Reaches - Pool DA (mi) ABKF WBKF Mean Depth Max Depth WBase SlopesBKF SlopeBench Slope-ne.;n W/d D/d WFPA WBench (L) WBench (R)
Forrest Creek Trib 0.7 20.5 20.0 1.0 2.1 1.0 3.0 20:1 2:1 19.6 2.1 44.0 10.0 10.0
Forrest Creek 1.2 146.6 53.2 2.8 5.7 3.0 3.0 7.0 3.0 19.3 2.1 111.2 26.0 26.0
8/24/2006
APPENDIX E - Riparian Area Restoration
Natural Plant Community Restoration Goals and Objectives
The goal of the riparian restoration is to provide long-term improvements to ecological functions
of the existing forest community. The restoration plan has been developed to provide these
functional uplifts through the re-estab li shment of target natural communities. The target natural
communities have been determined based on comparison of existing site conditions with
established type communities with verification of appropriate species from proximate reference
natural communities. Based on the North Carolina Natural Heritage Program's Nature
Community Classification, the site's riparian area most closely correlates to Piedmont
Bottomland Forests and, in upper section of the tributary, to the Piedmont Alluvial Forest
(Schafale and Weakley 1990).
Reforestation Scheme
The goal of the planting scheme seeks to establish a riparian community consistent with the
reference community using an approach that accelerates the succesional process leading to a
mature riparian community. The planting plan will use reference plant communities discussed in
Section 1.0 as a base to design a planting scheme and develop a vegetation list.
Re-colonization of cleared riparian habitats characteristically begins with an invasion of pioneer
species that creates an environment (e.g. shading) suitable for species more typical of a mature
community. To initialize the proposed riparian community, the restoration area will be planted
with a mix of pioneer and climax species that have been selected and arranged to meet the
following objectives:
¦ Establish mix of shade intolerant canopy and shade tolerant understory species
¦ Provide vegetative source of target species
¦ Establish local seed sources for those species less likely to migrate into the restoration area
¦ Provide stability to disturbed or high stress areas
The design of a planting plan involves several components. The planting zones have been
developed considering site hydrology, soils, and disturbance regimes and are referenced to
natural communities. Each zone has a unique environment that dictates species selection and
community structure. The planting list is developed for each zone to match the vegetation in the
reference community and meet the objectives given above. The planting list also reflects which
species are readily available and have a reasonable expectation of survival. For a given zone and
species, a plant source and planting type (e.g. containerized or bare root) is recommended. A
planting schedule is developed so that site preparation and plant installation occur at the optimal
time and season. After installation, the planting should be verified. The maintenance plan is
developed to promote long-term success of the planting. These planting plan components are
described below.
Planting Zones
The planting plan includes 4 zones of distinct vegetative composition and structure.
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 26
¦ Zone 1 - Stream Channel
¦ Zone 2 - Stream Bank
¦ Zone 3 - Riparian
¦ Zone 4 - Transitional
Zone 1 - Stream Channel
The stream channel zone includes the stream channel from base flow to bankfull. This zone
features the steepest slopes (3-8%) and highest saturation levels. This environment dictates the
planting of fast-growing, obligate pioneer species, such as black willow, to provide stability to
areas at or below bankfull.
Zone 2 - Stream Bank
The stream bank zone includes the area from the top of bank outward away from the stream 20
feet. It is an area exposed to high stream flows and frequent soil deposition. The most stressed
areas are located on the outside bends of meanders. The banks will be planted with fast-growing,
deep-rooted species that will provide bio stabilization and shading to the stream
Zone 3 - Riparian
The riparian zone includes the area beyond zone 2 to the edge of the floodplain where the
hydrology supports bottomland hardwood forest vegetation. The area is flat, frequently flooded,
and the water table remains close to the surface. The composition of the vegetation includes a
mix of wetter canopy and understory trees.
Zone 4 - Transitional
The transitional zone includes an approximately 20-foot buffer between zone 3 and an adjacent
open area such as a field outside of the conservation easement. The planting list consists of a
subset of species found in zone 2 consisting of smaller species that tolerate full sun and will
eliminate an abrupt boundary between the open field and zone 3.
Plant List
The plant list is based on the target community, reference community, and recommendations
from the North Carolina Stream Restoration Institute (Hall 2001) and the North Carolina
Ecosystem Enhancement Program (Smith 2004). The selection of species also depends on
availability from local nursery sources.
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 27
Target Species Non-Target Species
Scientific Name Common Name Scientific Name Common
Name
Betula nigra River Birch Acer rubrum Red Maple
Carya cordiformis Bitternut Hickory Liquidambar styraciflua Sweetgum
Carya ovata Shagbark Hickory Liriodendron tulipifera Yellow Poplar
Celtis laevigata Sugarberry Platanus occidentalis Sycamore
Fraxinus americana White Ash Acer negundo Box Elder
Fraxinus pennsylvanica Green Ash
Juglans nigra Black Walnut
Quercus imbricaria Shingle Oak

Quercus
michauxii Swamp Chestnut
Oak
Quercus pagoda Cherrybark Oak
Ulmus americana American Elm

Acer
barbatum Southern Sugar
Maple
Aesculus sylvatica Buckeye
Asimina triloba Pawpaw
Carpinus caroliniana American Hormbeam
Corpus amomum Silky Dogwood
Corpus florida Flowering Dogwood
Corylus cornuta Beaked Hazelnut
Evonymus americana Hearts A Burstin
Ilex opaca American Holly
Leucothoe recurva Dog-Hobble
Lindera benzoin Spicebush
Plant Sources
The planting plan preferentially selects local genetic stock and utilizes three sources of plants.
Two sources-nursery stock and on-site transplants-will be tied directly to the initial planting
and will be utilized in numbers to support permit guidelines. The remaining source-
recruitment-has been factored into the selection of species in the plant list. The plant list
includes a significant portion of species not likely to establish from natural propagation.
Nursery Stock
The planting plan may utilize any of the following nursery stock forms of woody species: bare
roots, tublings, live-stakes, containerized seedlings, and ball and burlap. Additionally, the
planting plan also may use sod or seeds from commercial sources. The planting plan prescribes
that nursery stock are grown locally under environmental conditions similar to the target
environment. The source nursery should be located within viable range that shares the same
climatic region within an area 200 miles north and south of the restoration site.
The supplier nursery will be selected based on its ability to provide desired species. Several
reputable nurseries operate within the viable range. These nurseries will be screened based on a
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 28
review of previous mitigation plant production and plant availability. Plants will be ordered
from the nursery prior to the growing season before plant installation. Planting of nursery stock
will occur between November 15th and April 15th after completion of channel restoration
activities. The planting list includes alternates in case specific species of pre-ordered plants are
not available or acceptable for installation.
On-Site Transplants
Several favorable species grow within the existing site. In the course of constructing a new
channel alignment, some individual plants may need to be removed. The individuals of a target
species that are of an appropriate size and age may be transplanted into the restoration area.
Recruitment
It is expected that the restoration sites will be populated with species from adjacent communities
The restoration sites will be maintained to keep unwanted species at less than 10% of the total
population.
Plant Care and Installation
The plantings will be cared for and installed based on guidelines provided in the included
planting notes. When planted properly, bare root seedlings are the most cost-effective and
successful plant material. Containerized plantings, live stakes, and other plant materials will be
used based on the needs of the planting zone (e.g. frequent disturbance, immediate shading, and
others). If necessary, larger unprotected trees will be guarded using tree shelters that should
protect against herbivory and inhibit site occupation by beavers. The tree shelters also should
accelerate growth.
Schedule
The planting plan will be scheduled around stream construction activities and growing season.
Special attention will be paid to stabilizing disturbed areas that include newly-constructed
channels and temporary construction easements. The final vegetation planting will occur after
proper site preparation (described below) during the appropriate season.
Plantings may be staggered based on surrounding activities and project phasing. Live stake
planting on stream banks (zone 1) will follow closely after channel construction to provide
immediate stabilization. On-site transplants should be planted within an appropriate timeframe
after removal from their existing habitat. Planting of zones 2-4 should occur from late fall to
early spring (November 15 to April 15) after construction to minimize or eliminate threats from
the construction; exotic vegetation treatment; unpredictable weather; and beaver activity. Any
treatment of problem areas should also occur between fall and early spring.
Stabilization
immediately after construction, the contractor will seed the stream banks and all disturbed areas
with permanent and temporary seed mixes. Permanent seeding will be completed in conjunction
with construction with temporary seeding applied per Land Quality Section requirements. Within
the stream channel (Zone 1), the contractor will plant pioneer species that provide immediate
bank stabilization. The contractor will plant live stakes and bare roots around structure
installations and the outside of meander bends to provide an area of high density root mass. Coir
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 29
fiber matting and live stakes will be used along the entire reach of the restored channels to
provide stabilization until vegetation can be established.
Site Preparation
Prior to planting the riparian buffer, efforts will be made to eradicate fescue and invasive plants
such as multiflora rose (Rosa multiflora), Chinese privet (Lingustrum sineses), and Japanese
honeysuckle (Lonicera japonica). These efforts may include herbicide use during the spring and
a follow-up spraying in early fall to eliminate any fescue that was not killed in the spring. A
permanent seed mix can be used after application of the pre-emergent. Woody planting can
follow during the dormant season.
Planting Review
After the final planting is complete, the planting supervisor will verify that the site was planted
properly though inspection of stem counts and condition. The planting contractor will be
responsible for replacing damaged plantings.
Monitoring and Maintenance
Monitoring will verify that the restoration area is meeting restoration goals. Damaged plantings
will be noted and replanting will occur if the planting survival fails to meet restoration goals. If
monitoring indicates that an area is trending towards greater than 10% coverage by nuisance
vegetation, that area will be treated to remove the nuisance vegetation. Mid-Atlantic Mitigation
will develop a species-specific control plan for approval by the MBRT prior to implementation.
References
Hall, Karen (2001). Recommended Native Plant Species for Stream Restoration in North
Carolina. Raleigh, NC, North Carolina Stream Restoration Institute NCSU.
Schafale, Michael P. and Alan D. Weakley (1990). Classification of the Natural Communities of
North Carolina, Third Approximation, NC Natural Heritage Program, Division of Parks and
Recreation, NC Department of Environment, Health, and Natural Resources.
Smith, Cherri L. (2004). Guidelines for Riparian Buffer Restoration. Raleigh, NC, North
Carolina Department of Environmental and Natural Resources - Ecosystem Enhancement
Program.
PLANTING NOTES
BARE ROOT/CONTAINERIZED VEGETATION
1. General:
In order to establish vegetation in restoration areas, such as bankfull benches and
slopes, bare root and containerized vegetation will be planted as shown on the
planting plans.
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 30
2. Materials:
Initial vegetation material will be provided by the contractor. The contractor is
responsible for correctly installing and maintaining vegetation material.
Vegetation material will consist of bare root trees and/or shrubs and containerized
trees and/or shrubs. Container material will be in tubling, gallon, and/or three-gallon
plastic containers.
3. Preparation:
Planting should take place in before April 15th. Immediately following delivery to
the project site, all plants with bare roots, if not promptly planted, shall be heeled-in
in constantly moist soil or sawdust in a manner consistent with generally accepted
horticultural practices.
While plants with bare roots are being transported to and from heeling-in beds, or are
being distributed in planting beds, or are awaiting planting after distribution, the
contractor shall protect the plants from drying out by means of wet canvas, burlap, or
straw, or by other means acceptable to Planting Supervisor and appropriate to weather
conditions and the length of time the roots will remain out of the ground.
4. Installation:
Soil in the area of shrub and tree plantings shall be loosened to a depth of at least 5
inches.
Bare root vegetation may be planted in a hole made by a mattock, dibble, planting
bar, or other means approved by Planting Supervisor. Rootstock shall be planted in a
vertical position with the root collar approximately '/z inch below the soil surface.
The planting trench or hole shall be deep and wide enough to permit the roots to
spread out and down without J-rooting. The plant stem shall remain upright.
Soil shall be replaced around the transplanted vegetation and tamped around the shrub
or tree firmly to eliminate air pockets.
LIVE STAKES
1. General:
Live stakes are to be installed on exposed stream banks to bankfull elevation of the
designed stream. The Planting Supervisor reserves the right to reject any "stakes"
that do not meet the above mentioned criteria. The Contractor shall replace rejected
material at no additional cost to the owner.
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 31
2. Materials:
• Live stakes are to be dormant (cut fall or winter) and gathered locally or
purchased from a commercial supplier.
• Stakes must be freshly cut with side branches removed, but with bark intact
(ensure that the bark is not stripped during the cutting, preparation, or installation
of the stake).
• Cuttings are to be collected using a saw or sharpened pruning shears (not an ax).
3. Preparation:
• One end must be cut at an angle for insertion into the soil and the other end must
be cut square for tamping.
• Cuttings must be kept fresh and moist prior to installation.
• Cuttings must be prepared from 0.5 to 2-inch diameter stock and approximately 2
to 3 feet in length.
4. Installation:
• Install stakes the same day they are prepared.
• Start the installation nearest to the stream and work up the bank/floodplain.
• Cuttings must be installed right side up with the buds pointing upward.
• Cuttings should be tamped into the ground at right angles to the slope and angled
downstream.
• They are to be tamped into the ground for approximately 4/5 of their length.
• Cuttings that split or become "mushroomed" must be replaced.
• Stakes should be installed in a random configuration to prevent gullies and
promote a more natural effect in the re-vegetated area
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 32
SHRUB AND TREE TRANSPLANTS
1. General:
Existing site vegetation may be used to augment plantings. Transplants may only be
taken from disturbed areas.
2. Materials:
Vegetation to be transplanted will be identified by the Planting Supervisor. Shrub
and trees less than 3 inches in diameter shall be salvaged onsite in areas designated
for construction, access areas, and other sites that necessarily will be disturbed.
3. Preparation
Transplanted vegetation shall carefully be excavated with root balls and surrounding
soil remaining intact. Care shall be given not to rip limbs or bark from the shrub and
tree transplants.
4. Installation
Vegetation should be transplanted immediately, if possible. Otherwise, transplanted
vegetation shall be carefully transported to designated stockpile areas and heeled-in in
constantly moist soil or sawdust in an acceptable manner appropriate to weather or
seasonal conditions. The solidity of the plants shall be carefully preserved.
Installation of shrub and tree transplants shall be located in designated areas along the
stream bank above bankfull elevation or in floodplain restoration areas as directed by
Planting Supervisor. In areas of compacted soils, the soil in the area of vegetation
transplants shall be loosened to a depth of at least 1 foot. Transplants shall be
replanted to the same depth as they were originally growing. The planting trench or
hole shall be deep and wide enough to permit the roots to spread out and down
without J-rooting. The plant stem shall remain upright.
Soil shall be replaced around the transplanted vegetation and tamped around the shrub
or tree firmly to eliminate air pockets.
Spacing of vegetation transplants will be determined onsite by the Planting
Supervisor.
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 33
PERMANENT SEEDING SPECIFICATIONS
1. General:
Permanent seeding will be used in combination with woody plantings on the up-slope
side of the riparian areas and down to the bankfull elevation. Permanent seeding will
occur in conjunction with temporary seeding where applicable. This mixture will
also be used in any terrestrial (areas not inundated) riparian areas that have been
disturbed by construction; designated as wetland and/or riparian enhancement; or as
directed by Planting Supervisor.
2. Materials:
A riparian seed mix at the rate of 1/4 lb per 1,000 sq ft or 10 lbs per acre shall be used
for seeding. The table labeled "riparian seed mix" lists an herbaceous, permanent
seed mixture.
3. Preparation
On sites where equipment can be operated safely, the seedbed shall be adequately
loosened. Disking may be needed in areas where soil is compacted. Steep banks my
require roughening, either by hand scarifying or by equipment, depending on site
conditions. Planting Supervisor will determine condition needs onsite. If seeding is
done immediately following construction, seedbed preparation may not be required
except on compacted, polished or freshly cut areas. If permanent seeding is
performed in conjunction with temporary seeding, seedbed preparation only needs to
be executed once.
4. Installation
This mixture shall be planted in late fall in combination with the temporary seeding
operation and woody plant installations. Seeding should be done evenly over the area
using a mechanical or hand seeder. A drag should be used to cover the seed with no
more than 1/2 inch of soils. Where a drag cannot safely be utilized, the seed should be
covered by hand raking and/or straw.
Forrest Creek Mitigatzon Banking Mitigatzon Plan, Orange County, North Carolina
MidAtlantzcMitigatzon, LLC 34
APPENDIX E - Photo Log
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Title Photograph Pages
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Prepared For Orange County, North Carolina
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Prepued For: Orange County, North Carolina
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Title Photograph Pages
Project Forrest Creek Stream Restoration
Prepared For: Orange County, North Carolina
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Title Photograph Pages
Project Forrest Creek Stream Restoration
Prepued For: Orange County, North Carolina
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Title Photograph Pages
Project Forrest Creek Stream Restoration
Prepued For: Orange County, North Carolina
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Date Project Number Page
8/24/06 012857004 7
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Title Photograph Pages
Project Forrest Creek Stream Restoration
Prepued For: Orange County, North Carolina
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Date Project Number Page
8/24/06 012857004 8
T:Apn\012857004 Forrest Creek\PHOTOGRAPHS\CompfledPhotos.doc Prepued by

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Title Photograph Pages
Project Forrest Creek Stream Restoration
Prepued For: Orange County, North Carolina
?IarthMaak

Date Project Number Page
8/24/06 012857004 9
T:Apn\012857004 Forrest Creek\PHOTOGRAPHS\CompfledPhotos.doc Prepmed by
Forrest Creek Mitigation Bank
Stream Mitigation Report
Orange County, North Carolina
USGS HUC: 03020201020020
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Prepared for:
Mid-Atlantic Mitigation, LLC
July 2008
©Kimley-Horn and Associates, Inc. 2008
Executive Summary
The Forrest Creek Mitigation Bank (Site) is located in Orange County North Carolina
within land owned by Milton A. Latta and Sons Dairy Farms, Inc. A permanent
conservation easement covers the restored stream and surrounding riparian buffer. This
easement defines the Site's boundaries. The Site is located approximately seven miles
northeast of Hillsborough and six miles northwest of Durham in northeastern Orange
County, North Carolina. The site stream lies within USGS hydrologic unit
03020201020020 in the Neuse River Basin. The North Carolina Division of Water
Quality (NCDWQ) classifies the main reach, Forrest Creek, as a WS-11 (water supply 11),
HQW (high quality water), and NSW (nutrient sensitive water).
The Site consists of two reaches. The larger reach (Forrest Creek) flows through the
property from north to south drains a 3.6 square mile area consisting of predominantly
forest and pasture land. The smaller tributary (Ut Forrest Creek) flows from west to east
before joining with Forrest Creek and drains a 0.1 square mile area consisting of
predominantly pasture land.
Prior to restoration, pasture land surrounded most of the length of the project reaches and
the stream banks lacked strong rooted vegetation (e.g. woody or deep rooted herbaceous
vegetation). Due to the lack of bank protection and partially cleared watershed, the
stream channels became entrenched within the floodplain and showed signs of high shear
stress. In this condition and with regular impacts due to cattle traffic, bank erosion had
accelerated and the variety of bed features diminished.
Two types of vegetative communities surrounded the stream reaches prior to restoration.
The first zone consisted of a mix of woody vegetation that included significant
populations of invasive species including privet (Ligustrum sinense), multiflora rose
(Rosa multiflora), Japanese honeysuckle (Lonicera japonica), Japanese Stilt Grass
(Mircostegium vimineum), Tree-of-Heaven (Ailanthus altissima), and Princess Tree
(Paulownia tomentosa). This zone covered the lower section of the Ut Forrest Creek and
the upper section of Forrest Creek. The second zone consisted primarily of herbaceous
vegetation with scattered woody vegetation. The woody vegetation included a mix of
natural, invasive, and succession species. This zone covered the remaining restoration
areas.
The altered conditions of the stream and the riparian buffer reduced water quality and
impaired habitat. Pasture derived nutrients flowing untreated through the riparian zone
and fine silts sloughing from the incised banks raised biochemical oxygen demand. This
with the lack of sufficient reoxygenating riffle features reduced dissolved oxygen within
the water column. Water quality had also diminished due to raised turbidity from bank
erosion and elevated water temperatures caused by the lack of tree shading. Habitat
potential had been reduced by the diminished water quality and loss of physical habitat
such as bed features, undercut banks, and a well developed vegetative community.
The Forrest Creek reach was restored within the existing floodplain using a Priority II
approach and the Ut Forrest Creek reach bed was raised to the abandoned floodplain
using a Priority I approach. A portion of Forrest Creek immediately above the Forrest
Creek restoration reach was enhanced by modifying a downstream crossing that had
caused ponding upstream of it. The crossing modification reestablished natural flow and
will create a natural channel profile. Above the enhancement area, a section of Forrest
Creek has been placed under a conversation easement to preserve a functional stream
channel and riparian buffer. The remaining impaired riparian buffer was replanted with
native woody species to restore ecological function and forested habitat to the buffer.
Site restoration work resulted in the restoration of approximately 6,855 linear feet,
enhancement I of approximately 325 linear feet, and preservation of approximately 3,005
linear feet of stream and the restoration of approximately 15.1 acres of riparian buffer.
With the restoration, water quality will be improved due to a decrease in nutrients,
turbidity, and moderation in water temperature. Biochemical oxygen demand will be
reduced through filtering in the riparian buffer and riverine wetlands. Potential habitats
have been added through the creation of bed features and reestablishment of riparian
vegetative community.
The monitoring will assess the site's stream and riparian areas to determine restoration
success. The monitoring plan has been set up based on guidance provided by The Stream
Mitigation Guidelines developed by the United States Corps of Engineers - Wilmington
District (McLendon, Scott, Fox, Becky et al. 2003), version 1.2 (11/16/2006) of the North
Carolina Ecosystem Enhancement Program (EEP) document entitled "Content, Format,
and Data Requirements for EEP Monitoring Reports", version 2.0 (3/27/2008) of the EEP
document entitled "Mitigation Plan Document Format, Data Requirements, and Content
Guidance", and the Forrest Creek Mitigation Bank Mitigation Plan (May 2008).
Stream restoration will be considered successful through achievement of stable channel
geometry, appropriate channel materials, and lack of significant erosion. The Riparian
buffer will be monitored for survivability of planted vegetation and exclusion of invasive
species.
The Site will be maintained during the monitoring period to allow the Site to continue on
a trajectory that meets project goals and success criteria. Repairs will be completed as
necessary to reestablish channel stability and the site will be replanted if vegetation
shows signs of significant failure or if vegetative density goals contained in the NMI are
not achieved.
11
Table of Contents
Narrative ............................................................................................................................. 1
Monitoring Plan .................................................................................................................. 5
Stream Monitoring .......................................................................................................... 5
Riparian Buffer ............................................................................................................... 6
References ........................................................................................................................... 7
List of Tables
Table 1: Mitigation Summary Table ................................................................................... 3
List of Figures
Figure 1: Project Map ......................................................................................................... 4
List of Attachments
Attachment 1: As-Built Drawings
Attachment 2: Baseline Monitoring
iii
Narrative
The Forrest Creek Mitigation Bank (Site) is located in Orange County North Carolina
within land owned by Milton A. Latta and Sons Dairy Farms, Inc. A permanent
conservation easement covers the restored stream and surrounding riparian buffer. This
easement defines the Site's boundaries. The Site is located approximately seven miles
northeast of Hillsborough and six miles northwest of Durham in northeastern Orange
County, North Carolina. The site stream lies within USGS hydrologic unit
03020201020020 in the Neuse River Basin. The North Carolina Division of Water
Quality (NCDWQ) classifies the main reach, Forrest Creek, as a WS-11 (water supply 11),
HQW (high quality water), and NSW (nutrient sensitive water).
The Site consists of two reaches. The larger reach (Forrest Creek) flows through the
property from north to south f and drains a 3.6 square mile area consisting of
predominantly forest and pasture land. The smaller tributary (Ut Forrest Creek) flows
from west to east before j oining with Forrest Creek and drains a 0.1 square mile area
consisting of predominantly pasture land.
Prior to restoration, pasture land surrounded most of the length of the restoration reaches
and the stream banks lacked strong rooted vegetation (e.g. woody or deep rooted
herbaceous vegetation). Due to the lack of bank protection and partially cleared
watershed, the stream channels became entrenched within the floodplain and showed
signs of high shear stress. In this condition and with regular impacts due to cattle traffic,
bank erosion had accelerated and the variety of bed features diminished. With active
cattle grazing in the area, the channel would have continued to receive impacts. The
reaches Rosgen streams types were "G" and/or "F" and without restoration would have
likely continued to downcut and widen, resulting in high sediment loads and impaired
habitat.
Two types of vegetative communities surrounded the stream reaches prior to restoration.
The first zone consisted of a mix of woody vegetation that included significant
populations of invasive species including privet (Ligustrum sinense), multiflora rose
(Rosa multiflora), Japanese honeysuckle (Lonicera japonica), Japanese Stilt Grass
(Mircostegium vimineum), Tree-of-Heaven (Ailanthus altissima), and Princess Tree
(Paulownia tomentosa). This zone covered the lower section of the Ut Forrest Creek and
the upper section of Forrest Creek. The second zone consisted primarily of herbaceous
vegetation with scattered woody vegetation. The woody vegetation included a mix of
natural, invasive, and succession species. This zone covered the remaining restoration
areas.
The goals of the project relate to providing ecological improvements to the Site's streams
and riparian buffers through beneficial modifications of hydrology, water quality, and
habitat.
Goals related to hydrology include:
• Re-establishing floodplain connection by raising bed elevations (Ut Forrest
Creek) or lowering adjacent floodplain (Forrest Creek)
0 Increasing flood storage by re-establishing floodplain connection
Goals related to water quality include:
• Reducing turbidity by reducing sediment and nutrient inputs
• Reducing water temperatures by providing shading
• Increasing / stabilizing oxygen levels by reducing BOD/COD and increasing
reoxygenating turbulence
Goals related to habitat include:
• Improving bed habitat by increasing riffle - pool diversity, reducing sediment
deposition, and improving low flow water depths
• Improving bank habitat by increasing stability and woody biomass
• Improving floodplain habitat by establishing microtopography and hydrology,
removing invasive vegetation, and increasing habitat diversity
• Improving food web dynamics by adding biomass (such as detritus, woody debris,
and leaf matter) and re-establishing floodplain connection
The restoration achieves these goals through the following objectives:
• Stabilizing channel bed and banks through modifying dimension, pattern, and
profile using natural channel design
• Installing in-stream structures such as rock vanes, log vanes, and constructed
riffles
• Raising stream bed elevations or lowering floodplains
• Restoring soils in riparian buffer by excluding cattle and adding organic
components
• Removing invasive vegetation
• Planting native vegetation in riparian buffer
• Fencing out livestock
Priority I and II restoration approaches (Rosgen, David L. 1997) were used for this
project. The Priority I approach was used on Ut Forrest Creek to raise bed elevations and
reconnect the stream to the abandoned floodplain. The Priority II approach was used on
Forrest Creek to reestablish an active floodplain at the existing bed elevation. These
methods will decrease stream bank erosion, establish an active floodplain, reduce channel
stress during floods, improve aquatic habitat, and reduce fine sediments.
A portion of Forrest Creek immediately above the restoration reach was enhanced by
modifying a downstream crossing that had created ponding upstream of it. The crossing
modification reestablished natural flow and will create a natural channel profile. Above
the enhancement area, a section of Forrest Creek has been placed under conservation
easement to preserve a functional stream channel and riparian buffer.
The remaining impaired riparian buffer was planted as four (4) zones. Zone 1 was the
stream channel and bank zone consisting of tree and shrub species and native herbaceous
seeding typically found along stream banks in the region. Live stakes comprised the bulk
of installed species within this zone. Zone 2 was the riparian zone consisting of selected
2
tree and shrub species with a range of tolerances to inundation and saturation. Zone 3
was the riparian wet zone that included wetter areas found within Zone 2. Zone 3
included species from Zone 2 with additional species that tolerate extended periods of
inundation and saturation. Containerized plantings comprised the species planted within
zones 2 and 3. Zone 4 was the oxbow wetland areas and was planted with a mix of
herbaceous species adapted to wetland conditions. The planting type dictated the
planting spacing. With the exception of areas of existing vegetation and crossings, the
entire easement was planted.
Table 1: Mitigation Summarv Table

Mitigation Pre As Built Mitigation
Mitigation
Feature Type Construction Length/ Credit Credits
Length/Area Area Ratio
Forrest Creek Restoration 3,405 ft 3,484 ft 1:1 3,484 ft
UT to Forrest Restoration 2
436 ft 3
371 ft 1:1 3
371 ft
Creek , , ,
Forrest Creek Enhancement 325 ft 325 ft 1.5:1 217 ft
Forrest Creek Preservation 3,005 ft 3,005 ft 5:1 601 ft
Riparian
Buffers of
Forrest Creek Restoration 15.11 ac 15.11 ac 1:1 15.11 ac
and UT to
Forrest Creek
Total Stream Credits (SMU) 7,673 ft
Total Buffer Credits 15.11 ac
3
lure 1: rroiect ina
4
Monitorina Plan
The monitoring will assess the site's stream and riparian areas to determine restoration
success. The monitoring plan has been set up based on guidance provided by The Stream
Mitigation Guidelines disseminated by the United States Corps of Engineers -
Wilmington District (McLendon, Scott, Fox, Becky et al. 2003), version 1.2 (11/16/2006)
of the North Carolina Ecosystem Enhancement Program (EEP) document entitled
"Content, Format, and Data Requirements for EEP Monitoring Reports", version 2.0
(3/27/2008) of the EEP document entitled "Mitigation Plan Document Format, Data
Requirements, and Content Guidance", and the Forrest Creek Mitigation Bank Mitigation
Plan (May 2008).
The monitoring will occur annually for five years. The monitoring period should include
two separate years with bankfull events. Bankfull events will be verified using an
installed crest gauge that will be inspected during each monitoring visit. If a bankfull
event has not been documented by the end of the second year of monitoring, a mandatory
quarterly check will be required. If there are not two bankfull events, the monitoring
period may be extended at the discretion of the Corps of Engineers, Raleigh Regulatory
Field Office Project Manager and the 401-Wetlands Unit. Monitoring reports will be
submitted during years 1-5.
Monitoring work will include reference photographs, vegetative stem counts, materials
sampling, site survey, and visual assessment and mapping of significant features. Mid-
Atlantic Mitigation and the Mitigation Bank Review Team (MBRT), in coordination with
the appropriate regulatory agencies, will determine when stream and riparian restoration
have met success criteria. The sections below provide a framework for determining and
accessing success criteria.
Stream Monitoring
Success Criteria
The stream geometry will be considered successful if the cross-section geometry, profile,
and sinuosity are stable or reach a dynamic equilibrium. It is expected that there will be
minimal changes in the designed cross sections, profile, and/or substrate composition.
Changes that may occur during the monitoring period will be evaluated to determine if
they represent a movement toward a more unstable condition (e.g. down cutting, erosion,
mid-channel bars, etc.) or are minor changes that represent an increase in stability (e.g.
settling, vegetative changes, coarsening of bed material, etc.).
An initial, though not exclusive, indicator of success will be adherence to design or
reference ratios of stream geometry found in the Morphology Summary table
(Attachment 2) or in comparable and stable reference systems.
Deviation from the design ratios will not necessarily denote failure as it is possible to
maintain stability and not stay within the design geometry. Additionally, determination of
true bankfull will be difficult until the stream has had adequate flooding events to create
strong bankfull indicators. The following key indicators of stability provide a more
complete picture of stream stability:
¦ Stream Type: Maintenance of the design stream type or progression or conversion to
stable stream type such as B, C, or E will indicate stability
¦ Bank Height Ratio: Bank height ratio between 1.0 and 1.1 will indicate flood flows
have access to the active floodplain and that higher flows do not apply excessive
stresses to stream banks
Assessment Methods
The survey of channel dimension consists of twelve (12) permanent cross sections placed
at unique stream segments throughout the project extent. The cross sections represent
eight (8) riffles and four (4) pools. Annual photographs showing both banks and
upstream and downstream views will be taken for each cross section.
The survey of the longitudinal profile covers five (5) sections located throughout the
project reaches. The thalweg of the channel should be used as a baseline and thalweg
measures should be stationed relative to the thalweg. Newly-constructed meanders will
be surveyed to provide pattern measurements.
Channel material measurements will be collected by using pebble counts for each
longitudinal profile section.
Ten (10) permanent photo stations have been set up to visually monitor stream
conditions. These photo stations are mapped on the As-Built drawings.
The entire restored length of stream will be investigated for channel stability and in-
stream structure functionality. Any evidence of channel instability will be identified,
mapped, and photographed. All structures will be inventoried for functionality and
impaired structures will be photographed.
Riparian Buffer
Success Criteria
The success of riparian vegetation planting will be gauged by stem counts of planted and
recruited species and an assessment community composition. Stem counts of over 320
trees per acres after 5 years will be considered successful. The composition of the
vegetation community should trend toward a predominance of target species. 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.
The population of invasive species will be kept below 10% of the total population.
Photos taken at established photo points should indicate maturation of riparian vegetation
community.
Assessment Methods
The success of vegetation plantings will be measured using the Carolina Vegetation
Survey (CVS) Level 1 and 2 protocols. Fourteen (14) permanent quadrants will be used
to sample the riparian buffer. Each quadrant covers 100 square meters. The annual
assessments will track the growth and health of planted stems and provide an overall
count of woody stems including recruits. The vegetation survey will occur during the
growing season. Permanent photo points have been set up for each quadrant.
6
References
McLendon, Scott, Becky Fox, et al. (2003). Stream Mitigation Guidelines. United States
Army Corps of Engineers - Wilmington District, United States Environmental
Protection Agency, North Carolina Wildlife Resources Commission and North
Carolina Department of Natrual Resources - Division of Water Quality.
Rosgen, David L. (1997). A Geomorphic Approach to Restoration of Incised Rivers.
Management of Landscapes Disturbed by Channel Incision.
7
Attachment 1
As-Built Drawings
Attachment 2
Baseline Monitoring
Baseline Morphology
Longitudinal Profile LP1 (June 2008)
N N
r r
O O
0 0
O O
O O
N N
624 FI FI
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622--
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618
615 L
0
Distance along stream (ft)
Design As Built
P-P Spacing 37 28
Slope (Bankfull) 0.008 0.007
Max Depth (Pool) 1.5 1.5
Max Depth (Riffle) 1.0 0.9
500
• CH
O M
? BKF
? P1
O P2
+ P3
X P4
100 200
300
400
Cross Section XSRT1 - Riffle (June 2008)
O Gound Points ? B-Mll hdice- ? Waler SUrtace Points
621.0-- 11 3 vmkf - Dbkf - s2 -f - s.

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A
620.5 w_.?

620.0
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619.0 _ - _ t
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Upstream
618.5

610
0
ff
.
0 10 20 30 40 50 60
?
a; ?t It
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Horizontal Distance (ft)
;ANN M, r

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14

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Left Bank Right Bank
Cross Section XSPT2 - Pool (June 2008)
O Go..d Points ?B..MUll hdice- vWeers.ff-Points
x
0
0
0
W
Upstream
Horizontal Distance (ft)
? si 3?? -tea .

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Downstream
Left Bank
Right Bank
Longitudinal Profile LP2 (June 2008)
611
Z, 608
C
O
N 607
W
602
1050 1150 1250 1350 1
Distance along stream (ft)
1
• CH
O M
? BKF
? P1
O P2
t P3
X P4
Design As Built
P-P Spacing 37 57
Slope (Bankfull) 0.008 0.008
Max Depth (Pool) 1.5 2.1
Max Depth (Riffle) 1.0 1.0
Cross Section XSRT3 - Riffle (June 2008)
O Go..d Points ?nanMUll hdice- vMt.'S.ff-Points
Wbkf - 12.6 Dbkf - .26 -kf 3.34
x
0
w
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fyr
Upstream
Horizontal Distance (ft)
4 ? I

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Downstream
Left Bank
Right Bank
8.97 0 609.51 FP
Cross Section XSPT4 - Pool (June 2008)
O Gmuntl Points ? nanMUll hdice.,s ? Waler SUrtace Points
Wbkf - -4 Dbkf .48 -f - 8.33
x
0
LU
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Upstream
Horizontal Distance (ft)
rte,. ?r

Left Bank
Right Bank
Downstream
Cross Section XSRT5 - Riffle (June 2008)
O GO..d Pdi s ? B..MUii dice- vMt.,S.ff-.P.i.tS
wbk[ 10, sbk[ .55 Abk[ 7. os
603.0 r c .
6025 r. `.. .!+tr!..- -
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601.0
Upstream
soa5
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600.0
0 10 20 30 40 50 60 70 80 + s) ..i• Y'
Horizontal Distance (ft) x
P?
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4 ?
Left Bank Right Bank
Longitudinal Profile LP3 (June 2008)
600
N
r

599 m
0
N
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597- -
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590- - O P2
589- -
588- + P3
587-
586- X P4
585

2650 2750 2850 2950 3050 3150 3250 3350
Distance along stream (ft)

Design As Built
P-P Spacing 37 55
Slope (Bankfull) 0.008 0.006
Max Depth (Pool) 1.5 2.7
Max Depth (Riffle) 1.0 1.5
Cross Section XSRT6 - Riffle (June 2008)
O QOUna Points ae.Wl hdce.,s VV ., SLrFace Points
Wbkf - 11.3 Dbkf .68 Abkf - -4
Upstream
Horizontal Distance (ft)
Downstream
Left Bank
Right Bank
0 10 20 30 40 50 00
Longitudinal Profile LP4 June 2008
soo ?, ?,
599 o o
N N
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598 X X
597--
v ? ? O M
596 _
595 ? ? ? ? ?-w_ ? • ` w
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591
590 O P2
589--
588-- t P3
587--
586-- X P4
585
600 700 800 900 1000 1100 1200 1300 1400 1500 1600 1700 1800
Distance along stream (ft)
Design As Built
P-P Spacing 110 160
Slope (Bankfull) 0.0035 0.002
Max Depth (Pool) 3.7 4.3
Max Depth (Riffle) 2.6 2.3
Cross Section XSR4 - Riffle (June 2008)
O Gmuntl Points ? BanMUll hdice- ? Waler s ff- Points

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592.5 4
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592.0 0 10 20 30 40 50 60 70 80 90 100
Horizontal Distance (ft) i
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y. ?'- '? Y•

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Downstream
_

Left Bank Right Bank
Cross Section XSP5 - Pool (June 2008)

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Horizontal Distance (ft)
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Cross Section XSR1 - Riffle (June 2008)
O Qaund Points Bankfull Indicat- V V?6ter Surface Points
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Upstream
Horizontal Distance (ft)

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Left Bank Right Bank
Cross Section XSR2 - Pool (June 2008)
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Cross Section XSP3 - Pool (June 2008)
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Photo Page 1
16
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Forrest Creek Baseline Monitoring Report (Year 0)
T:Apn\012857005 Forrest Creek Design\As-Built Monitoring\FRSCK Mitigation Report B015 Perm Photos c2008O8O5.doc
Photo Page 2

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Permanent Photo 4: From Forrest Creek cattle crossing below confluence, looking downstream. (August 2008)
Forrest Creek Baseline Monitoring Report (Year 0)
T:Apn\012857005 Forrest Creek Design\As-Built Monitoring\FRSCK Mitigation Report B015 Perm Photos c2008O8O5.doc
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Forrest Creek Baseline Monitoring Report (Year 0)
T:Apn\012857005 Forrest Creek Design\As-Built Monitoring\FRSCK Mitigation Report B015 Perm Photos c2008O8O5.doc
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Forrest Creek Baseline Monitoring Report (Year 0)
T:Apn\012857005 Forrest Creek Design\As-Built Monitoring\FRSCK Mitigation Report B015 Perm Photos c2008O8O5.doc
Photo Page 5

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Forrest Creek Baseline Monitoring Report (Year 0)
T:Apn\012857005 Forrest Creek Design\As-Built Monitoring\FRSCK Mitigation Report B015 Perm Photos c2008O8O5.doc
Baseline Vegetation
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Ilex opaca 1 1 1 1
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Quercus phellos 1 1 1 1
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Forrest Creek Baseline Monitoring Report (Year 0)
T:Apn\012857005 Forrest Creek Design\As-Built Monitoring\FRSCK Mitigation Report A002 Photos c2008O728.doc
Forrest Creek Baseline Monitoring Report (Year 0)
T:Apn\012857005 Forrest Creek Design\As-Built Monitoring\FRSCK Mitigation Report A002 Photos c2008O728.doc
Photo Page 3
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Forrest Creek Baseline Monitoring Report (Year 0)
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Photo Page 7
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Forrest Creek Baseline Monitoring Report (Year 0)
T:Apn\012857005 Forrest Creek Design\As-Built Monitoring\FRSCK Mitigation Report A002 Photos c2008O728.doc
APPENDIX B: Planting Plan and Riparian Area Restoration
Planting Plan for UT2
Forrest Creek Mitigation Bank Mitigation Plan Addendum UT2, Orange County, NC
15
EcolEngineering
A division of The John R. McAdams Company, inc.
FORREST CREED UT-2
PROPOSED NUTRIENT OFFSET
RESTORATION AREA
ORANGE COUNTY, NORTH CAROLINA
BANK PARCEL DEVELOPMENT PACKAGE
EBX-11020
August 2011
Research Triangle Park, NC
Post Office Box 14005
Research Triangle Park,
North Carolina 27709
2905 Meridlan Parkway
Durham, North Carolina 27713
800-733-5646
919-287-4262
919-361-2269 Fax
www.ecoengr.com I Design Services Focused On Client Success
Table of Contents
1.0 Project Location and Description ............................................................................................ 2
2.0 Project Area - Existing Conditions .......................................................................................... 2
2.1 Geologic & Soil Characteristics ......................................................................................... 2
2.2 Vegetative Communities ............................................................................................... 3
2.3 Threatened and Endangered Species ............................................................................. 3
2.4 Cultural Resources ......................................................................................................... 4
2.5 Environmental Issues ..................................................................................................... 4
2.6 FEMA Floodplain / Floodway Mapping ....................................................................... 4
3.0 Proposed Nutrient Offset Restoration Plan ............................................................................... 4
4.0 Monitoring and Maintenance Plan ........................................................................................... 5
5.0 Financial Assurance ................................................................................................................. 6
6.0 Nutrient Offset Mitigation Potential ........................................................................................ 6
7.0 References ................................................................................................................................ 6
In-Text Tables
Table 1. Mapped Soils within the Forrest Creek UT2 Bank Parcel ............................................... 3
Table 2. Plant List ........................................................................................................................... 5
Ap pendix A: Site Maps
Figure 1: Site Location Map
Figure 2A-2D: Proposed Conservation Easement Area
Figure 3: Proposed Nutrient Offset Restoration Area
Figure 4: USGS Quad - Caldwell
Figure 5: Orange County Soil Survey
Figure 6: FEMA Floodplain 1 Floodway Exhibit
Ap pendix B: Site Photographs
' [jEcoEngineering
.A divienm of The John R. McAdam, ('nmpany, In,
1.0 Proicet Location and Description
Located off of Edmund Latta Road, just northwest of its intersection with Phelps Road in Orange
County, North Carolina (Figure 1), is the proposed nutrient mitigation bank currently known as
the Forrest Creek UT-2 Bank Parcel (Bank Parcel).
The proposed Bank Parcel is located within the Neuse River Basin, inside of the Upper Falls
Lake Watershed (8-digit USGS HUC 03020201). Stormwater runoff from this site drains into an
unnamed tributary of Forrest Creek (Stream Index #27-2-21-2-2). According to the N.C.
Division of Water Quality Basinwide Information Management System (BIMS), Forrest Creek is
classified as WS-II (Water Supply II); HQW (High Quality Waters), NSW (Nutrient Sensitive
Waters) in this location. A conservation easement, totaling 5.71 acres (Figures 2A - 2D), will be
recorded on the tract of land containing the Bank Parcel (Orange County Parcel Identification
Numbers 9877207721, 9877520417, and 9876493633). The proposed nutrient offset restoration
area within the Bank Parcel will consist of 1.31 acres (Figure 3). The purpose of this Bank
Parcel is to improve water quality within the Neuse River and Falls Lake watersheds by
providing off-site mitigation for development (both existing and proposed) requiring nutrient
offsets.
This Bank Parcel shall be established under the terms and conditions of the Upper Neuse Riparian
Buffer and Nutrient Reduction Umbrella Mitigation Bank (Bank) made and entered into by EBX-EM,
LLC (EBX-EM), acting as the Bank Sponsor, and the North Carolina Department of
Environment and Natural Resources - Division of Water Quality (DWQ).
2.0 Project Area - Existing Conditions
2.1 Geologic & Soil Characteristics
Based upon review of the United States Geological Survey (USGS) Caldwell, North Carolina
Quadrangle, the proposed Bank Parcel is located in the headwaters of Forrest Creek with
elevations ranging from f 610-feet to ± 650-feet. Topographic relief and surface drainage is
generally northeast (Figure 4).
The Bank Parcel is located within the Piedmont Physiographic Province of North Carolina,
specifically within the Carolina Slate Belt ecoregion. A review of the Ecoregions of North
Carolina and South Carolina (Griffith et al., 2002) shows the geology in the area of the
property is comprised of "mineral-rich metavolcanic and metasedimentary rocks with slately
cleavage," which is finer grained and less metamorphosed than other eco-regions within the
Piedmont. It is also common for streams to dry up, along with low yielding wells.
The Soil Survey of Orange County, North Carolina (Soil Conservation Service, 1977) lists
the soils within the property as from the Georgeville-Herndon Association. As stated in the
soil survey, these soils can be generally classified as "gently sloping and sloping, well-
drained soils that have a surface layer of silt loam and a subsoil of clay loam, silty clay, silty
clay loam, and clay; on uplands." As described by the online USDA NRCS Official Soil
Series Descriptions (OSD), the specific soils within the project area (Figure 5) are shown
below in Table 1:
2 [jEcoEngineering
A division of The John R. McAdams Company, Inc.
Table 1: Maimed Soils within the Forrest Creek UT2 Bank Parcel
Soil Type Hydrologic Soil General Description
Group
The Georgeville series consists of very deep,
well drained, moderately permeable soils that
Georgeville HSG B formed in material mostly weathered from
(GeB) fine-grained metavolcanic rocks of the
Carolina Slate Belt. Slopes are 2 to 50
percent.
The Herndon series consists of very deep,
well drained, moderately permeable soils that
Herndon HSG B formed in material mostly weathered from
(HrB) fine-grained metavolcanic rock of the
Carolina Slate Belt. Slopes are 2 to 25
percent

.._..._._.
....... .............
Soils of the Lignum series are deep and
moderately well and somewhat poorly
Lignum HSG C drained. They formed in the residuum
(Lg) weathered from Carolina slate or other fine
grained metavolcanic rocks. Slopes range
from 0 to 15 percent.
2.2 Vegetative Communities
The upper reach of UT2 lacks riparian buffer along most of its length. Vegetative
communities within the riparian areas located on north side of the stream are primarily active
silviculture, while much of the southern riparian areas within the Bank Parcel are primarily
active pasture land. Pasture land areas are subject to periodic mowing, crop production (i.e.
hay production), and cattle grazing. Pasture vegetation is a mixture of grasses and
herbaceous species. The dominant grasses tend to be Johnson grass (Sorghum halepense),
bermuda grass (Cynodon dactylon) and various fescue species (Festuca spp.).
There are some locations along the unnamed tributary in which there is a forest fringe. Due
to historic agricultural activities surrounding the unnamed tributary, these fringe forested
areas have been impacted by cattle grazing, and as a result, are fairly immature. Based on the
remaining vegetative assemblages, the forest fringe areas are generally characterized as
Piedmont Alluvial Forest, according to the North Carolina Natural Heritage Program (NHP)
classification system (Schafale and Weakley, 1990). Where areas of canopy and understory
exist, native woody vegetation such as hackberry (Celtis laevigata), tulip poplar
(Liriodendron tulipifera), sycamore (Platanus occidentalis), eastern red cedar (Juniperus
virginiana) and sweetgum (Liquidamhar slyraciflua) can be found in the Bank Parcel area,
Most notable is a significant population of non-native, invasive species including privet
(Ligustrum sinense), multiflora rose (Rosa multiflora), and Japanese honeysuckle (Lonicera
japonica) within the Parcel area, which are indicative of a disturbed forest community.
Z.3 Threatened and Endangered Species
According to the US Fish and Wildlife Service (UShWS), 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 liliiput, 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
[JEcoEngineering
A divismt oFThc Jnhn li_ MCAdmns CMpanv, Lx.
(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. Also, preliminary field investigations did not identify
suitable habitat for any of the species listed as federally endangered or federal species of
concern.
2.4 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. The Sponsor will
seek a clearance letter from the SHPO prior to implementing the restoration plan.
2.5 Environmental Issues
Preliminary data was obtained 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 were noted on their database within a one-
mile radius of the Bank site.
2.6 FEMA Floodplain /Floodway Mapping
Forrest Creek and its immediate floodplain are located within the Federal Emergency
Management Association's (FEMA's) designated floodway and approximate 100-year flood
boundary (Figure 6). These areas are inundated by the 100-year flood. The section of UT2
that occurs within the floodplain and floodway is proposed to be preservation so no
floodplain impacts are anticipated.
3.0 Proposed Nutrient Offset Restoration Plan
Pasture lands located outside forested areas within the Bank Parcel area will be ripped and
scarified prior to vegetation planting activities. The established microtopography on leveled
surfaces will promote diffuse flow and surface water storage. In addition, subsurface hardpans
will be eliminated to promote vegetation growth/survival and to increase groundwater recharge
rates. Grasses may be treated with herbicide to reduce competition with planted species. Where
necessary, invasive species will also be treated with herbicide to ensure they do not become
dominant within the Bank Parcel, or hinder the establishment, growth and survival of planted
vegetation. Cattle grazing will not be permitted within the Bank Parcel; and therefore, fencing
will be erected as necessary to prevent cattle access.
The proposed riparian planting plan will be developed by integrating native plant species
observed within the Bank Parcel area, in addition to selected species known to inhabit the
Piedmont Alluvial Forest community type as described in Classification of the Natural
Communities of North Carolina (Schafale and Weakley, 1990) and procedures outlined in
Guidelines for Riparian Buffer Restoration (NCEEP 2004) to institute species diversity. The
restored riparian zone will be planted with bare root seedlings or containerized material. Bare
root seedlings, or containerized material, will be planted during the fall or early spring seasons.
During the following fall, supplemental shrub and tree species will be planted if survival rates of
4 [JEcoEngineering
.A di%.,ian of The Jobn R_ McAdams Company Lx.
previously planted seedlings are below target densities as determined in late summer (August-
September).
The planting plan will consist of individual hardwood tree and shrub species as listed in the table
below. The goal is to plant 436 to 681 trees and shrubs per acre, with an approximate 8-foot to
10-foot spacing. Plant composition will consist of at a minimum of at least six (6) of the tree
species and three (3) of the shrub species list.
Table 2. Plant List
Scientific Name Common Name
Trees
.................. _ ... ...........
Froxinus pennsylvanica Green Ash
..._.......... ........ ......
Platanus occidentalis Sycamore
Temporary and permanent native herbaceous seed will be applied simultaneously to existing
pasture land areas located outside forested areas within the Bank Parcel area. Temporary seed
will provide cover until the permanent seed applied becomes established. Temporary cover will
consist of millet (Echinochloa crusgalli), annual rye grain (Secale cereale), and crimson clover
(Trifolium incarnatum). Permanent ground cover will consist of switchgrass (Panicum
virgatum), deertongue (Panicum clandestinman), black-eyed susan (Rudbeckia hirta), and
riverbank wildrye (Elymus riparius).
4.0 Monitoring and Maintenance Plan
The Bank Parcel site will be monitored for five (5) consecutive years or until the required
success criteria has been met as determined by DWQ. Monitoring activities will begin
immediately following the completion of planting in order to alleviate any potential problems as
they occur. Supplemental planting and additional site modifications will be implemented if
necessary. Planting will occur in the Spring of 2011; therefore, the riparian restoration will be
monitored the following growing season, projected to be the Summer/Fall of 2011. Monitoring
activities will follow the terms and conditions of the Upper Neuse Riparian Buffer and Nutrient
Reduction Umbrella Mitigation Bank (Bank) made and entered into by EBX-EM, LLC (EBX-EM),
acting as the Bank Sponsor, and DWQ.
5 [JEcoEngineering
.A division of The John R. McAdam. Conipany. Im.
... ... .................
Liriodendron tulipifera .... Tulip.Poplar ..............
Small Trees and Shrubs
Vegetation will be monitored annually for five (5) consecutive years after the first full growing
season. A monitoring report will be submitted annually to DWQ no later than December 31 of
each monitoring year describing the conditions of the Bank Parcel and relating those conditions
to the success criteria.
The Bank Parcel site will contain approximately four (4) vegetative monitoring plots, with the
total area not exceeding two (2) percent of the proposed nutrient offset restoration area. The plots
will be monitored in accordance with the CVS-EEP Protocol for Recording Vegetation (CVS-
EEP, v4.2). Ten (10) by ten (10) meter square plots will be permanently established following
completion of the planting phase and at least two opposing corners will be permanently installed
and surveyed for future use. The plant species, density, survival rates, and the cause of mortality,
if identifiable, will be recorded within each plot. Vegetation plots will be sampled and reported
annually. The primary focus of the vegetative monitoring will be solely on the tree and shrub
stratum, although herbaceous species encountered may also be recorded.
The target density for the nutrient offset restoration area is a minimum of 320 trees and shrubs
per acre at the end of the five (5) year monitoring period. Vegetation monitoring will occur
between August and October. A determination will be made regarding the success of the project
following the collection and evaluation of ecological and physical monitoring data, photographs,
and site observations.
5.0 Financial Assurance
EBX-EM, LLC agrees that prior to approval of the subject BPDP, all plantings have been
completed for this Bank Parcel; therefore, no performance bond is necessary for the initial
preconstruction of the restoration. EBX-EM, LLC will submit colored photographs to DWQ
confirming the plantings have already been accomplished prior to receiving their first credit
release for this Bank Parcel. Upon approval of the subject BPDP and corresponding Bank, EBX-
EM, LLC will provide financial assurance in the form of a monitoring bond or performance bond
in the amount of at least $100,000 to ensure that adequate funds are available for completion of
the maintenance and monitoring outlined in the BPDP under Section 4.0.
6.0 Nutrient Offset Mitigation Potential
The Forrest. Creek UT-2 Bank Parcel will provide nutrient mitigation credits for development
impacts within the Neuse River Basin, but will be targeted to needs within the Upper Falls Lake
Watershed Upper. A buffer restoration area of 1.31 acres within the 5.71 acre conservation
easement will be used to generate nutrient offset credits for nitrogen and phosphorus. The exact
amount of nutrient offset mitigation potential (currently based on 2,273 lbs of nitrogen/ac and
146.4 lbs of phosphorus/ac of riparian buffer restoration) will be included in the Bank Ledger.
Please note this Bank Parcel will not function for buffer mitigation impacts. It will only be used
for nutrient offsets.
7.0 References
Griffith, G.E., Omernik, J.M., Comstock, J.A., Schafle, M.P., McNab, W.H., Lenat, D.R.,
MacPherson, T.F., Glover, J.B., and Shelburne, V.B., 2002, Ecoregions of North Carolina
and south Carolina, (color poster with map, descriptive text, summary tables, and
photographs): Reston, Virginia, U.S. Geological Survey (map scale 1:1,500,00).
Lee Michael T., Peet Robert K., Roberts Steven D., and Wentworth Thomas R., 2008. CVS-EEP
Protocol for Recording Vegetation Level 1-2 Plot Sampling Only. Version 4.2
6 [jEcoEngineering
A di" ion arThc.7ohn R. McAdams Company, hw.
North Carolina Ecosystem Enhancement Program (NCEEP) 2004. Guidelines for Riparian
Buffer Restoration. Available at internet site:
http://www.nceep.net/news/reports/buffers.pdf. Accessed September, 2010.
Schafale MP and AS Weakley. 1990. Classification of the Natural Communities of North
Carolina: Third Approximation. North Carolina Natural Heritage Program, Division of
Parks and Recreation, Department of Environment and Natural Resources. Raleigh,
North Carolina.
United States Department of Agriculture, Natural Resources Conservation Service. Official Soil Series
Description (OSD) with Series Extent Mapping Capabilities. Available at internet site:
http://soils.usda.gov/technical/classificatiori/osd/index.html. Accessed April 2011.
United States Department of Agriculture, Soil Conservation Service. Soil Survey of Orange County,
North Carolina, 1977.
United States Geological Survey, 7.5 Minute, Topographic Map of the Caldwell. North Carolina
(Ouadran("lc. 1981.
[jEcoEngineering
Ad iwn ofThe Jahn R. McAdams Campany, lox.
APPENDIX A
Site Maps
8 [4EcoEngineering
A dwiskm d1hc lnhn R. McAdams 0-pany, Inc.
FIGURE 1 - SITE LOCATION MAP
0 p a.5 1 2 EcoEngineering
Miles A division of The John R. McAdams Company, Inc.
1 inch equals l miles
a a I g 7
'-t . .............. Itil
ON,
. ...... 01", -nil
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Ilia
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_ iQ3, / r ?? r? ?S R - ?3 ?FS7. ,Q 5 g k ? 17 g
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FIGURE 2A - CONSERVATION EASEMENT AREA
NOTE "A'
SUBSURFACE AND ENVIRONMENTAL CONDITIONS
TTH ISESURVENOT ?8 ILLDDIN SCONSERED , SURRFA UAND
THE IMPROVEMENTS ON D ADJACENT
SUBSURFACE
SITE ARE NOT NECESRILYSHOWN
TO
HEREON. NO STATEMENT IS MADE CONCERNING
WHICH MAYYNAFFFECTUTNHE DERGROSE Or TN SNTRA CS
N07E 'B"
ALL DISTANCES ARE HORIZONTAL GROUND
AND AREA BY COORDINATE COMPUTATION.
NOTE C"
SE RCH SURVEY WAS DONE WTHOUT A TITLE
S BASED ON REFERENCED
INFORMATION. THERE MAY EXIST OTHER
DOCUMENTS OF RECORD WHICH COULD
AFFECT THIS PROPERTY
NOTE= D"
EXCEPT AS SPECIFICALLY STATED OR SHOWN,
THIS SURVEY DOES NOT REPORT ANY OF
THE FOLLOWING: EASEMENTS, OTHER THAN
THOSE VISIBLE DURING FIELD EXAMINATION,
BUILDING SETBACKS, RESTRICTIVE COVENANTS
FACTS WHICH A DTITLUSE REGULA71ONS AND ANY
E SEARCH MAY DISCLOSE.
L.D. WNITTEA
9877-43-1198
LOT 2
PB 58/17
42. oz' l
opt,
`
a\??`.FST
w .
P. P. BONHAM
9877-20-6742
D8 1635/144
PB 3/72
S07'26'47"W
52.29'
'E'
20.91'•
NOTE E"
CNDITIONS WHICH1 MANY E REGULATED OTHER
FEDERAL OR STATE OR LOCAL AGENCIES WERE
NOT INVESTIGATED DURING THIS SURVEY.
RIPARIAN BUFFERS AND OTHER RESTRIC77ONS
ON DEVELOPMENT MAY BE REQUIRED.
M07E F''
THE LAND PARCELS AND THEIR BOUNDARIES
AFFECTED BY THIS CONSERVA77ON
EASEMENT ARE NOT CHANGED BY THIS FLAT:
THE PURPOSE OF THIS SURVEY IS TO CLOSE THE OLD
50' R/W AND TO RE-ESTABLISH A NEW 50' R^
TO REVISE THE LOCATION AND SIZE OF AREA "J", ADD
AREAS '0' & "Y'.
SEE A FUTURE BOUNDARY SURVEY TO BE RECORDED
FOR PAUL & PATRICIA BONHAM, ETA_
C. LATTA ETAL
9877-43-5069
LOT 2
PB 58/17
262.87' TOT.
S882430"W
95.08' - 125.77,
"
-c
co {I
ti
NEW
AREA "J"1 o iri 3
'to
ro
`.? 0.6io
? ^0" z
"F" N60'----?1 ?, R
S
PPP jAS
VICINITY MAP
Nor To SCALE
7MUND LATTA RD.
SR 1550
SR 1551
PHELPS RD.
57
a
I NOTE: REVISED AREA "J"
(SEE DB 44771403)
I LESS OLD AREA = 1.63 AC..
/ NEW AREA "1' = 0.61 AC
NEW AREA "2" = 1.09 AC.
NEW NET AREA = 1.70 AC.
"K" REVISED 50' PRIVATE R/W
or
N88'24'30"E Nl `x:30 06"?
45 74,E s
(14.10 g" '?
NEW ass.
AREA "J"2
1.09 AC. _
EDD
Lf) ~??~pLD-5Q R? rQT 802.60 224.10,
r
"D"
580.2
I
! M R X 1-1
REVISED
1, ALOIS CALLEMYN, PLS NO. 2544, CERTIFY THAT THIS MAP
WAS DRAWN FROM AN ACTUA FIELD URY AND
WERE SETT 0 RECOVERED ASLNOTED. THIS?MAP DOESRNOT -30 SAAR MWISTH12 S. D47 AY OF JUAMENDED WITNESS MY HAND 2010 -
EXIS77NG IRON O PIN SET d MATH POINT POLE
TAX MAP 2.47..2 PIN # 9877-52-0417 SCALE I- - 100'
t
t
1
al , + r
+
AREA "H"
PB 103/26
E
,
V='-
SHEET 1 OF 3"
rnnlc?l?vd7I17IV FASEMENT &
PROPERTY SURVEYED FOR
EARTHMARK - FORRES T CREEK
CEDAR GROVE TWP., ORANGE CO., NORTH CAROLINA
FIELD WORK PERFORMED JULY, 2010
PROPERTY AS DESCRIBED IN D.B. 413 /
STANDING IN THE NAME OF 378
MILTON A. LATTA & SONS DAIRY FARM INC.
ALOIS CALLEMYN, PLS 919-732-3354
3500 JUSTAMERE FARM RD., HILLSBOROUGH, NC
FIGURE 2B -CONSERVATION EASEMENT AREA
MILTON A LATTA
DAIRY FARM INC.
2.47..2
9877-52-0417
DB 413/378
u*s
CONTROL CORNER
N874465.5412
E1975647.6511
TIE
NOO'44'38"E
2632.54'
N8844'52"E
.. --------°- ----?" .. 1290 58' `- . .
REVISED 50' PRIVATE R/W 5884525"W
"P"? .. -?---- 1254.31' "0„
ror. MELTON A LATTA
'A" 147 64 7" DAIRY FARM INC.
N19 3 0 P6, 2.47..2
4514' E %p ? 9877-52-0417
,p 08 4131,378
REtJ,pVEa ?, ??'sue. ?s_
IW
`
TOT, 602.60 224.10` t
' ,
EDMUND W. PURCELL
2.47..38
9877-62°-D333
DB 1635/144
SOO 44'38"W
50.,23'
r - ^o" MILTON A LATTA do SONS
DAIRY FARM INC.
2.47..138
9877-60-1770
e? DS 603/525
W ? N
? ? ai `,t?lttltllllrrll?,?,
/
SEAL _
L-2544
7
CA
L`0,.
,
LA
LINE
A-B
B-C OAR AREA 1

6 058 AC
DISTANCE
45.14'
114.10'
C-D 8--E 155.21'
D-E SSO-26.36"W 225.41'
E-F N07'2V47"E 52.29
F-G N80'26 36"E 167.10'
G-H V-2-8'6 W 161.65'
H-I 78 ZV30"E 129.26'
I-J N19'30'06E 4.01.
J-A S7$'09'57"E 50.45
auj
N
0
0
z

EDMUND W. PURCELL
2.47..38
9877-62-0333
D8 1635/144
rte- ' .
S00'44'38"W
50.23'
MILTON A LATTA do SONS
DAIRY FARM INC.
2.47..138
9877-60-1770
DB 603/525
7
?e
S89 2137"E
924.45' S21 '08'28"W
N8922 06"W 53.40'
905.81 ' ^N
77E N. B71,823.24
E; 1.976,519.23
PU RCELL R /W AREA: 1.05 AC.
LINE ANGLE DISTANCE
L-M 5$9721'37 E 924.45'
M-N S21'06'28" W 53.40'
N-0 N89'22'06'W 905.81'
0-L 5094438"W 50.23'
"M„ 4
h? sod y0
W

SHEEN' 2 OF 3
SER VA TI ON EA.
f, ALOIS CALLEMYN, PLS NO. 2544, CERTIFY THAT THIS MAP
WAS DRAWN FROM AN FIELD C
WERE SET OR RECOVERED ASLNOTE'D. STHIS MAPNDOESRNOT G.S. 47-
30 CONFO
SEAL THIS WITH 12TH DAY OF JULMENDE. TNE'SS MY HAND
S EXIS77NG IRON 0 PIN SET MATH POINT POLE
TAX MAP 2.47..2 PIN 1 9877-52-0417 SCALE 1- = 100'
PROPERTY SURVEYED FOR
EARTHMARK - ,FORREST CREEK
CEDAR GROVE 7WP., ORANGE CO., NORTH CAROLINA
FIELD WORK PERFORMED JULY, 2010
PROPERTY AS
SANDING NH 378
THE NAME OF
MILTON A. LATTA & SONS DAIRY FARM INC.
ALOIS CALLEMYN, PLS 919-732-3354
3500 JUSTAMERE FARM RD., HILLS80ROUGH, NC
LAT TA R& AREA 2: 1.49 AC.
LINE ANGLE DISTANCE
J-K N19'30 06'E 46.11
K-L N88'44 52 E 1290.58
L-0 S00'44'3$ "W 50.23'
O -P SW-45'2501 1254.31
P- A 519'30'06 4.82
A-J N78'0957"W 50.45`
FIGURE 2C -CONSERVATION EASEMENT AREA
P. P. BONHAM
9877-20-6742
OB 1635/144
PB 3/72
S07'26'47"W
52.29'
3
CONTROL 2L),
CORNER
N 871153.82
E 1973955.58
S 21`1421" E
75.07' -
AREA "L"1/
0.11 AC.
AREAw"XI
0.61 AC.
Rif 45ED R I,
P?1?1'T
3
ao
?z
20.91
nl
vi
V
11
1. 110T 06
N88?4'30_?
114.10-?. , B"
AREA" J"2
1.09 AC.
i-_--- W
u
9 OLO ?50 R / TOT. 602,60 '24,10
-D'
!
I
l
1
1'26"-' IT 153.09 ,
MARSH
M.A. LA TTA & SONS +
DAIRY FARM INC.
9877-52-0417
D8 413/378
I
j4j 3
Z ? /!r
r
i
i
°
20' PRI VATE
ACCESS I\
EASEMENT ----------
TOT. TOT. 532.22
226.00' AREA "L"2
N2155'06"W 0.57AC.
68.91' N 86'19'52"
S 86'17'08" W 103.85
23. 9
20'71E
]'30" E
TOTAL
MILTON A LATTA & SONS
DAIRY FARM INC.
2.47..13
9876-49--1096
DD 212/707
AREA "K"
4,31 AC.

1
w SD
m
N 81'48'32" E
63.98'
NOTE: SEE PLAT
"ORANGE COUNTY ER.C.D."
SY ALOIS CALLEMYN. PLS
DATED MARCH, 2007 AND
RECORDED IN PS 1021133
FOR BOUNDARY.
2.47..2
D8
ti
+ +
1 +
I f
r I
I I
f I
I f
AREA "H"
PS 103/26
5
y41 fl
I I
I r
1 r
t f
rr 1
t
f
f r
+ t
I I
I
I ?
t
r ?
f ?
4 ?
4 ti
A ?
S +
+ 1
SEAL
L-2544 -
1111
SHEET 3 OF 3
REVISED CONSER VA TION EASEMENT & R/
PROPERTY SURVEYED FOR
EARTHMARK - FORREST CREEK
1, ALOIS CALLEMYN, PLS NO. 2544, CERTIFY THAT THIS MAP
WAS DRAWN FROM AN ACTUAL FIELD SURVEY AND CORNERS
WERE SET OR RECOVERED AS NOTED. THIS MAP DOES NOT
CONFORM WITH G.S. 47-30 AS AMENDED. WITNESS MY HAND
& SEAL THIS 12TH DAY OF JUL4MATHPOI .
44?0000,0 I
O EXISTING IRON O PIN SET ? POLE
TAX MAP 2.47..2 PIN # 9877-52-0417 SCALE I- = 100'
CEDAR GROVE TWP., ORANGE CO., NORTH CAROLINA
FIELD WORK PERFORMED JULY, 2010
PROPERTY AS DESCRIBED IN D.B. 413 / 378
STANDING IN THE NAME OF
MILTON A. LATTA do SONS DAIRY FARM INC.
ALOIS CALLEMYN, PLS 919-732-3354
3500 JUSTAMERE FARM RD., HILLSBOROUGH, NO
FIGURE 2D -- CONSERVATION EASEMENT AREA
3
4
w i r '•c c 4
' ?. mi} ? ;fie` ;:• ? ? )j•?,,? e `?i L .? s? ?' 4 ? '??
,?t•*. k?`^,}".x T't4` ,.r .? "' \?`?? tip! 'oY?:w r, ?,Yr J"w,??'• ? ?y'a r •
ti
•Y
-'ey?KeR'-? `S A c'.? r? ??! ?? ??: a t Li O 24 r acres '
,,yj ?- r t?tti•'

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p? y Y V Y ? .

fi'''r ".Y`,e.? ?,.?`` ?? ,Fk?.*''?•;.,, ??(WA ?°- ? z? a??.d•
>e.
'vf r 'i R 4 ,S T `?
w
i-
+ti?.,-??,p ? ` ?w4Y ± *>7t? -n+-'ASV }yi ?/r%y ,,
0.19 acres
4
•?lI?M`F
0.16 acres
. ?. Vie:
z
1t Z,
R
,3°k. r* r
?T t
?Fgs
85 sf
k^ ?Vjvjp
9r''
GRAPHIC SCALE
200 0 100 200 400
1 inch = 200 ft.

EBX-11020
4 co Engineering
X 110 20- S WX
F
N
AME FIGURE 3 A division of The John IL McAdams Company, Inc..

1"
200' PROPOSED NUTRIENT OFFSET 6NGEUg - PI.ANNM - SURVSYOR9 . ENVWN ITAL
= RESF.ARGHTRfANG IEPARK•CHAR107T6
DATF
:,
7-25-2011 RESTORATION AREA 2405 1[eridi- Pvk-y, D-h- NC 27719
ada793.581e. n.rjnhum?.mccom-1- No
C-0299

k'
1
FIGURE 4 - USGS QUAD
- CALDWELL EcoEngineering
0 1,000 2,000 4,000 Feet A division of The John R. McAdams Company, Inc.
I inch equals 2,000 feet
FIGURE a - ORANGE COUNTY
SOILS SURVEY EcoEngineering
0 500 1, 000 2,000 Feet A division of The John R. McAdams Company, Inc.
1 inch equals 1,000 feet
O J i
} \
i ! I
iF e 1i
l ? 1 ? \\? - ? i{1 F? \ r l I
1 1 \ / - - \ y \ ?, ` / ,, ! O? 640
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l e
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?, ® \ r ? / I I \ I / / 1 d 1 \ \
10001
00
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4? ....wrl ? I? ? l 9r \ ?
1 X720 1 ' J { I ?'} I Q
Legend r ? ? - ` - \ f I
/ i
Site
100 Year Floodplain
FIGURE 6 - FEMA FLOODPLAIN 1
0 FLOODWAY EXHIBIT EcoEngineering
0 500 ? , 00a 2,000 Feet
1 inch equals 1,000 feet A division of The John R. McAdams Company, Inc.
APPENDIX B
Site Photographs
is [jEcoEngineering
A division of dlie John H. McAdams Company, lix.
., 4
it
19 [4EcoEngineering
A division of The John R. McAdams Company, Lx-
24 [JEcoEngineering
A division of The John R. 61c Adams Company Lx.

21 [F-Q]EcoEngineering
A dMv imm afThc Julvi R. McAd ms i'ampany, Inc.