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HomeMy WebLinkAbout20111108 Ver 1_Final Mitigation Plan_20120217 MITIGAATION PLLAN SLLIVER MOOON NONN-RIPARIIAN WETTLANDMMITIGATION SITE CRAAVEN COUNNTY, NORTHH CAROLINAA EEP PROOJECT ID: 955017 IN THE NEUSE RIVER RBASIN CATALOGIING UNIT 033020202 PREPPARED FORR: NC DEPARTTMENT OF ENVIIRONMENT & NNATURAL RESOUURCES ECOSYSTEM ENNHANCEMENT PPROGRAM 1652 MAIL SERVICE CENNTER RALEIGGH, NC 27699-16652 FEBRRUARY 20122 MITIGAATION PLLAN SLLIVER MOOON NONN-RIPARIIAN WETTLANDMMITIGATION SITE CRAAVEN COUNNTY, NORTHH CAROLINAA EEP PROOJECT ID : 995017 IN THE NEUSE RIVER RBASIN CATALOGIING UNIT 033020202 PREPPARED FORR: NC DEPARTTMENT OF ENVIIRONMENT & NNATURAL RESOUURCES ECOSYSTEM ENNHANCEMENT PPROGRAM 1652 MAIL SERVICE CENNTER RALEIGGH, NC 27699-16652 PREEPARED BY:: RESTORATION SYSTEMS, LLC 1101 HAYNEES STREET, SUIITE 211 RALEIGH, NOORTH CAROLINNA 27604 AXIOM ENNVIRONMENTALL, INC. 218SSNOW AVENUE RALEIGH, NOORTH CAROLINNA 27603 FEBRRUARY 20122 EXECUTIVE SUMMARY This mitigation plan has been written in conformance with the requirements of the following: Federal rule for compensatory mitigation project sites as described in the Federal Register Title 33 Navigation and Navigable Waters Volume 3 Chapter 2 Section § 332.8 paragraphs (c)(2) through (c)(14). NCDENR Ecosystem Enhancement Program In-Lieu Fee Instrument signed and dated July 28, 2010 These documents govern NCEEP operations and procedures for the delivery of compensatory mitigation. Sliver Moon Non-Riparian Wetland Mitigation Site This mitigation report describes the (Site) and is designed specifically to assist in fulfilling North Carolina Ecosystem Enhancement Program wetland restoration goals. The Site is located approximately 4 miles east of Dover in western Craven County (Figures 1 and 2) and within theTargeted Local Watershed03020202080010 of the Neuse River Basin (8-digit HUC 03020202). The Site encompasses approximately 17.1 acres of land currently used for row crop production. Within the Site, 17.1 acres of non-riparian hydric soils have been cleared and ditched. A total of 14 non-riparian wetland mitigation units (WMUs) are being offered, as depicted in the following table. Acres Percentage of WMUs Non-riparian WMUs Nonriparian Wetland Restoration 14 100 14 Total 14 Total Non-riparian WMUs 14 The Site is contained within one parcel owned by Mr. H.L. Mitchell. Located within an interstream flat C;NSW, Sw north of Core Creek, which has been assigned a Best Usage Classification of and is considered biologically impaired. Adjacent to the rim of a Carolina bay the Site has been cleared of native forest vegetation, ditched to remove groundwater hydrology, and is currently utilized for row crop production. Based on preliminary analyses, the primary goals of this non-riparian wetland restoration project focus on improving water quality, enhancing flood attenuation, and restoring wildlife habitat and will be accomplished by the following: 1.Remove nonpoint sources of pollution associated with vegetation maintenance including a) the cessation of broadcasting fertilizer, pesticides, and other agricultural chemicals into and adjacent to Site drainage ditches and b) providing a vegetated wetland to aid in the treatment of runoff. 2.Restore wetland hydroperiods that satisfy wetland jurisdictional requirements and approximate the Site’s natural range of variation. 3.Promote floodwater attenuation by filling ditches and enhancing groundwater storage capacity. 4.Restore and reestablish natural community structure, habitat diversity, and functional continuity. 5.Enhance and protect the Site’s full potential of wetland functions and values in perpetuity. Sliver Moon Non-riparian Wetland Mitigation Site Executive Summary Mitigation Plan February 2012 TABLE OF CONTENTS 1.Restoration Project Goals and Objectives 1 1.1Project Goals 1 1.2Project Objectives 1 2.Site Selection 2 2.1Directions to Site 2 2.2Physiography and Land Use 2 2.3Water Quality 2 2.4Soil and Land Form 3 2.5Hydrology 3 2.6Protected Species 4 2.7Summary of Anticipated Effects 5 3.Site Protection Instrument 11 3.1Site Protection Instrument(s) Summary Information 11 4.Baseline Information 12 5.Determination of Credits 13 6.Credit Release Schedule 13 6.1Initial Allocation of Release Credits 14 6.2Subsequent Credit Release 14 7.Mitigation Work Plan 14 7.1Target Wetland Type, and Plant Communities 15 7.2Design Parameters 16 7.3Data Analysis 17 8.Maintenance Plan 18 9.Performance Standards 19 10.Monitoring Requirements 20 11.Long-term Management Plan 21 12.Adaptive Management Plan 21 13.Financial Assurances 21 14.Other Information 22 13.1Definitions 22 13.2References 23 APPENDICES Appendix A. Site Protection Instruments Appendix B. Baseline Information Data Appendix C. Mitigation Work Plan Data and Analyses Appendix D. Project Plan Sheets Appendix E. Performance Bond Appendix F. NCIRT Approval Letter Sliver Moon Non-riparian Wetland Mitigation Site Table of Contents Mitigation Plan February 2012 LIST OF FIGURES Figure 1 Vicinity Map 4 Figure 2 Watershed Map 5 Figure 3 NRCS Soil Survey 6 Figure 4 Existing Conditions Map 7 Figure 5 Site Photographs 8 Figure A Title Page Appendix D Figure B Boundary Plan Appendix D Figure C Mitigation Plan Appendix D Figure D Planting Plan Appendix D LIST OF TABLES Table 1. NRCS Soils Mapped within the Site 3 Table 2. Federally Protected Species for Craven County 4 Table 3. Site Parcel Information 10 Table 4. Baseline Project Information 11 Table 5. Site Credit Determination 12 Table 6. Credit Release Schedule 13 Table 7. Reference Vegetation Species 13 Table 8. Planting Plan 15 Table 9. Boussinesq Equation Results 16 Table 10. Site Maintenance Plan 16 Table 11. Site Monitoring Requirements 18 Sliver Moon Non-riparian Wetland Mitigation Site Table of Contents Mitigation Plan February 2012 RESTORATION PROJECT GOALS & OBJECTIVES The EEP develops River Basin Restoration Priorities (RBRP) to guide its restoration activities within each of the state’s 54 cataloging units. RBRPs delineate specific watershed that exhibit both the need and opportunity for wetland, stream and riparian buffer restoration. These watersheds are called Targeted Local watersheds (TLWs) and receive priority for EEP planning and restoration project funds. The 2002 Neuse River Basin RBRP identified 03020202080010 as a Targeted Local Watershed (Online: http://www.nceep.net/services/restplans/FINAL%20RBRP%20Neuse%2020110523.pdf). The Watershed is characterized by 67.3% Forest / Wetland (Final Neuse River Basinwide Water Quality Plan, 2009). Located within an interstream flat north of Core Creek, Stream Index Number 27-90, has been assigned a C;NSW, Sw Best Usage Classification of (NCDWQ 2010a) . According to the Final Neuse River Basinwide Water Quality Plan (NCDWQ 2009), the upper portion of Core Creek watershed has a severe bioclassification due to biological impairment. The periodic toxic inputs from agricultural activities, inadequate macro-invertebrate habitat due to channelization and lack for hydrologic flow are listed as the mostly likely stressors to the Core Creek system. The Sliver Moon Non-Riparian Wetland Mitigation Project was identified as a non-riparian wetland opportunity to improve water quality, flood attenuation and non-riparian habitat within the TLW. 1.1Project Goals Improving Water Quality -Removing nonpoint sources of pollution associated with agricultural activities, including a) eliminating the application of fertilizer, pesticides, and other agricultural materials into ditches that flow to adjacent streams and wetlands; and b) providing a vegetated wetland to aid in the treatment of pollutants such as sediment and/or agricultural pollutants from the adjacent landscape. -Reducing sedimentation onsite and in adjacent ditches by a) reducing ditch erosion associated with tillage and b) planting a diverse woody vegetative to reduce runoff. Enhancing Flood Attenuation -Promoting floodwater attenuation by a) removing ditches to reduce the amount of runoff that occurs during high precipitation; b) restoring wetland hydroperiods that satisfy wetland jurisdictional requirements and approximate the Site’s natural range of variation; c) restoring non-riparian wetlands, resulting in increased storage capacity during precipitation events within the Site d) re-vegetating the Site to reduce sheet flow off the Site. Restoring Non-riparian Habitat -Restore and reestablish natural community structure, habitat diversity, and functional continuity. -Enhance and protect the Site’s full potential of wetland functions and values in perpetuity. 1.2 Project Objectives The project goals will be addressed through the following project objectives: Providing 14 non-riparian Wetland Mitigation Units, as calculated in accordance with the requirements stipulated in RFP #16-003571. This will be accomplished by restoring 14 acres of non-riparian wetland by eliminating row crop production, filling agricultural ditches, restoring water table elevations to its previous depth, redirecting ditches located near the Site to avoid possible draw down of groundwater on the Site, and planting with native nonriparian forest vegetation. Protecting the Site in perpetuity with a conservation easement. Sliver Moon Non-riparian Wetland Mitigation Site pg. 1 Mitigation Plan February 2012 SITE SELECTION 2.1 Directions to Site Situated approximately 4 miles east of Dover, NC in western Craven County the Site is within the Targeted Local Watershed03020202080010 of the Neuse River Basin. From Kinston, NC head East on US 70 By-Pass for 7.2 miles and turn left at SR 1005, Dover Rd, to the town of Dover. Continue onto Old US Hwy. 70 for approximately 5 miles. At which point take a left onto Daisy Ln. Site lies approximately ¾ mile down Daisy Ln. 2.2 Physiography and Land Use The Site is located in the Carolina Flatwoods section of the Middle Atlantic Coastal Plain physiographic province of North Carolina in United State Geological Survey (USGS) HUC 03020202 (North Carolina Division of Water Quality [NCDWQ] Subbasin Number 03-04-08) of the Neuse River Basin. Regional physiography is characterized by flat plains on lightly dissected marine terraces; swamps, low gradient streams with sandy and silty substrates; and Carolina bays (Griffith et al. 2002). Elevations within the Site are nearly level averaging approximately 59 feet National Geodetic Vertical Datum (USGS Cove City, NC 7.5-minute topographic quadrangle). Topography within the Site is depicted on Figure 3. The Site is located in a 1,065-square mile headwater watershed of Core Creek that has been ditched and cleared to promote drainage. The watershed is dominated by agricultural land, forest, pasture, and sparse residential property. Impervious surfaces account for less than 5 percent of the watershed land surface. Surrounding area land use is primarily agricultural, with some sparse, low-density residential housing. Onsite land use is characterized by agricultural land (row crop production). Vegetation at the Site has been removed in support of agriculture practices. 2.3 Water Quality Targeted Local The Site is located within the Neuse River Basin in 14-digit USGS Cataloging Unit and Watershed03020202080010 of the South Atlantic/Gulf Region (NCDWQ sub-basin number 03-04-08). The Site is located within an inter-stream flat adjacent to the rim of a Carolina bay. The inter-stream flat lies between two stream systems, Core Creek to the south which has been assigned Stream Index Number 27-90 and Mill Branch to the North which has been assigned Stream Index Number 27-90-2. Both stream C; NSW, Sw systems have been assigned a Best Usage Classification of (NCDWQ 2010a). Streams C classified as are suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. Secondary recreation includes wading, boating, and other uses not involving Sw human body contact with waters on an organized or frequent basis. is intended to recognize those waters which are topographically located so as to generally have low velocities and other natural NSW characteristics which are different from adjacent streams draining land with steeper topography. is intended for waters needing additional nutrient management due to their being subject to excessive growth of microscopic or macroscopic vegetation. Local programs to control nonpoint sources and stormwater discharges of pollution are required. NCDWQ has assembled a list of impaired waterbodies according to the Clean Water Act Section 303(d) and 40 CFR 130.7, which is a comprehensive public accounting of all impaired waterbodies in the state. An impaired waterbody is one that does not meet water quality standards including designated uses, numeric and narrative criteria, and anti-degradation requirements defined in 40 CFR 131. Core Creek between SR 1239 and Grape Creek is listed on the NCDWQ final 2010 303(d) list for a severe bioclassification due to reduced aquatic life integrity (NCDWQ 2010b). Sliver Moon Non-riparian Wetland Mitigation Site pg. 2 Mitigation Plan February 2012 m 2.4 Soils andd Land Formm Based onn county soil survey mappping (USDA 1989), the SSite contains two soil serries: Torhuntaa fine sandy loaam (Typic huumaquepts)aand Pantego fine sandy lloam (Umbricc Paleaquultts). Site soils are depictedoon Figure 4 (AAppendix A) and describedd in Table 1. Restorable portions off the Site aree predominanntly underlainn by soils of the Torhuntaa series. Torrhunta soils are 880 percent hyddric soils thatt are characterized by a darrk gray matrix. Soils havee been impactted by land clearring, ditching,, and till fromm row plant prroduction. Table 1.NNRCS Soils MMapped within the Site Soil SerriesHydric%FamilyDescrription Thiss series consistss of nearly leveel stream terracces and uplandd bays Typicin thhe Coastal Plaiin. Torhunta soils are very pooorly drained, have Torhunnta 80 Humaqquepts modderately rapid ppermeability, aand a seasonal high water tabble at the ssurface for 2 too 6 months annnually. Thiss series consistts of very poorrly drained, mooderately permeeable Umbric soilss that formed inn thick loamy ssediments on thhe Southern Cooastal Panteggo 85 Paleaqquults Plaiin and Atlanticc Coast Flatwoods. The wateer table is at or near thee surface durinng the wet seasson. Detailedssoil mapping conducted bby licensed sooil scientists in January 20011 indicatethat the entirre 17- acre Site iis currently uunderlain by nnonriparian hyydric soils off the Torhuntaa and Pantegoo Series (Figuures 4 and 5, Apppendix A).AA detailed soil profile incluudes the followwing. Soil Profile 1 Soil Profile 22 0to 3 inches; blaack (10YR 2/1) sandy loam00 to 10 inches; black (10YR 22/1) sandy loamm 10+ inches; black ((10YR 2/1) sanndy loam; commmon 3tto 6 inches; blaack (5YR 2.5/11) sandy loam medium distinnct brown (10YYR 4/3) mottless 6tto 15 inches; ggray (10YR 5/1) sandy loam 15 to 16+ inches; ligght gray (10YRR 7/2) sandy loaam 2.5 Hydrologgy As statedd in the USDDA Soil Surrvey of Cravven County, NC grounddwater levels for the Sitee and surrounding area are aat or near thhe surface duuring the dormmant and earrly growing season, and is fed explicitly by rain events. Torhunta aand Pantego are both nearrly level, slowwly permeatinng soil types wwhich drain poorrly. The curreent ditching oof the Site hass capped surfaace and sub-suurface hydrollogy. Sliver Moon NNon-riparian Wetlland Mitigation Site pg. 3 Mitigation Plan February 2012 2.6 Protected Species Based on the most recently updated county-by-county database of federally listed species in North Carolina as posted by the United States Fish and Wildlife Service (USFWS) at http://nc- es.fws.gov/es/countyfr.html, seven federally protected species are listed for Craven County (accessed Tuesday, November 1, 2011). Table 2 lists the federally protected species and indicates if potential habitat exists within the Site for each species. For additional communication between Restoration Systems and regulatory agencies regarding federally protected species please refer to the Categorical Exclusion, Appendix B. Table 2. Federally Protected Species for Craven County Habitat Present Common Name Scientific Name Status* Within Site Vertebrates American alligator Alligator mississippiensis T(S/A) Yes Bald eagle Haliaeetus leucocephalus BGPA No Leatherback sea turtle Dermochelys coriacea E No Red-cockaded woodpecker Picoides borealis E No West Indian manatee Trichechus manatus E No Plants Rough-leaved loosestrife Lysimachia asperulaefolia E No Sensitive joint-vetch Aeschynomene virginica T No *Endangered (E) = a taxon “in danger of extinction throughout all or a significant portion of its range”; Threatened (T) = a taxon “likely to become endangered within the foreseeable future throughout all or a significant portion of its range”; Threatened [T(S/A)] = a species that is threatened due to similarity of appearance with other rare species and is listed for its protection; these species are not biologically endangered or threatened and are not subject to Section 7 consultation. Bald and Golden Eagle Protection Act (BGPA) = prohibits take of bald and golden eagles and provides a statutory definition of “take” that includes “disturb”. American Alligator Habitat for the American alligator is present in ditches throughout the Site; however, this species is threatened due to similarity of appearance with other rare species and is not subject to Section 7 No Effect consultation. Therefore, the project will have on this species. Bald Eagle Habitat is present adjacent to the Site for bald eagle and in open water areas due north of the Site. Open water and forested areas that the bald eagle may inhabit do not have any proposed impacts. Therefore, it is No Effect reasonable to conclude the project will have on this species. Leatherback Sea Turtle & West Indian Manatee Habitat for the leatherback sea turtle and West Indian manatee does not exist at the Site. Based on the No Effect absence of suitable habitat, it is reasonable to conclude the project will have on these species. Red-Cockaded Woodpecker Habitat is present adjacent to the Site for the red-cockaded woodpecker. Mature longleaf pines are present in wooded areas that surround the site. Forested areas the red-cockaded woodpecker may inhabit No Effect do not have any proposed impacts. Therefore, it is reasonable to conclude the project will have on this species. Rough-Leaved Loosestrife Habitat is present around and in mature forests adjacent to the Site. However the area of impact will be limited to post agricultural areas, where farming activities have removed any chance establishment for the Rough-leaved loosestrife. Based on the absence of suitable habitat for the species, it is reasonable to No Effect conclude the project will have on the species. Sliver Moon Non-riparian Wetland Mitigation Site pg. 4 Mitigation Plan February 2012 Sensitive Joint-Vetch Habitat for the sensitive joint-vetch does not exist at the Site. Habitat for the sensitive joint-vetch is that of intertidal zones where plants are flooded twice daily. Based on the absence of suitable habitat for the No Effect species, it is reasonable to conclude the project will have on sensitive joint-vetch. 2.7 Summary of Anticipated Effects We anticipate that the immediate effects of this project (construction phase) will cause ground disturbance within the project area due to the use of heavy machinery to complete construction. Again, the Site has historically received extensive ground disturbance due to agricultural operations. The long term effects of this project (post construction) will result in an overall enhancement to the integrity of the immediate ecosystems and result in long term beneficial effects to fish or wildlife. This site will be protected in perpetuity with a conservation easement. Sliver Moon Non-riparian Wetland Mitigation Site pg. 5 Mitigation Plan February 2012 SITE ^_ RESTORATIONSYSTEMS,LLC FIGURE1: SITECONTEXT ^_ ^_ ^_ « _ ^ SiteLocationMarker RESTORATIONSYSTEMS,LLC FIGURE2: USGSHYDROLOGICALUNITMAP Ct Ud To To Pa Pa Ra « Legend Se Pa RESTORATIONSYSTEMS,LLC FIGURE3: NRCSSOILSURVEY Existingculvertunder DaisyLn. « Legend RESTORATIONSYSTEMS,LLC FIGURE4: EXISTINGCONDITIONS . Figurre 5Site Phhotographs Sliver Moon NNon-riparian Wetlland Mitigation Site pg. 10 Mitigation Plan February 2012 SITE PROTECTION INSTRUMENT 3.1 Site Protection Instrument Summary Information The land required for the construction, management, and stewardship of this mitigation project is within one parcel. The Site is currently not protected, but will be done so by the purchase and subsequent transfer of a conservation easement to the NCEEP during Task 2. Restoration Systems will await approval of Task 3 before this purchase and transfer is conducted. Table 3. Site Parcel Information Landowner PIN County Site Deed Book Acreage Protection and Page protected Instrument Number Parcel A Mitchell, Horace Lee 03-044-011 Craven Book 2229 17.00 Pg. 1011 When available, the recorded document will be provided. The template document associated with the contract, (outlined in RFP # 16-003571), will be used and is attached within Appendix A. The conservation easement will require 60-day advance notification to the Corps and the State prior to any action to void, amend, or modify the document. No such action shall take place unless approved by the State. A site protection instrument figure will be completed once a final survey of the Site has been completed, after the conservation easement is purchased Sliver Moon Non-riparian Wetland Mitigation Site pg. 11 Mitigation Plan February 2012 BASELINE INFORMATION Table 4. Baseline Project Information Project Information Project Name Sliver Moon County Craven Project Area (acres) 17.02 Project Coordinates (latitude and longitude) 35.204817, -77.360605 (NAD 83/WGS 84) Project Watershed Summary Information Carolina Flatwoods section of the Middle Atlantic Coastal Physiographic Province Plain River Basin Neuse USGS Hydrologic Unit 8-digit 03020202 USGS Hydrologic Unit 14-digit 03020202080010 DWQ Sub-basin 03-04-08 Project Drainage Area, Total Outfall (acres) +/- 130 Groundwater Treated by Site (acres) +/- 20 Project Drainage Area Percentage of Impervious Area < 1% CGIA Land Use Classification Cropland and Pasture Wetland Summary Information Parameters Wetland 1 Size of Wetland (acres) 14.00 Wetland Type (non-riparian, riparian riverine or riparian non Non-riparian riverine) Mapped Soil Series Torhunta & Pantego Drainage class Poorly Drained Soil Hydric Status Class A Source of Hydrology Rain Events Hydrologic Impairment Ditches Native vegetation community Non-Riverine Wet Harwood Flat Percent composition of exotic invasive vegetation 0% Regulatory Considerations Supporting Regulation Applicable? Resolved? Documentation E-mail correspondence Waters of the United States – Section 404 Yes No Appendix B E-mail correspondence Waters of the United States – Section 401 Yes No Appendix B Categorical Exclusion Endangered Species Act No Appendix B Categorical Exclusion Historic Preservation Act No Appendix B Categorical Exclusion Coastal Zone Management Act [CZMA/Coastal Area Management Act No (CAMA)] Appendix B Categorical Exclusion No FEMA Floodplain Compliance Appendix B Categorical Exclusion No Essential Fisheries Habitat Appendix B Yes No Sediment & Erosion Control Plan (S&EC) Sliver Moon Non-riparian Wetland Mitigation Site pg. 12 Mitigation Plan February 2012 DETERMINATION OF CREDITS Mitigation credits presented in these tables are projections based upon Site design. Upon completion of Site construction the project components and credits data will be revised to be consistent with the as-built condition. Table 5. Site Credit Determination Summit Seep Wetland Mitigation Site, Davidson County, Contract # 003244 Mitigation Credits Non- NitrogenPhosphorous Riparianriparian Stream Buffer Nutrient Offset Nutrient Offset Wetland Wetland Type R RE R RE R RE Totals 14 Project Components Restoration – Project Restoration or- ComponentExistingApproach Footage or Stationing/Location Restoration Mitigation Ratio -or- Reach ID Footage/Acreage (PI,PII etc.) Acreage Equivalent Non-riparian NA 17.02 NA Restoration 14 1:1 restoration Component Summation Non- riparian Restoration Stream RiparianBuffer Wetland Upland (acres) Level (linear feet) Wetland (acres) (square feet) (acres) Non- Riverine Riverine Restoration 0 0 0 14 0 0 Enhancement 0 0 0 0 0 Enhancement 1 0 Enhancement II 0 Creation 0 0 0 Preservation 0 0 0 0 0 High Quality 0 0 0 0 0 Preservation CREDIT RELEASE SCHEDULE All credit releases will be based on the total credit generated as reported by the as-built survey of the mitigation site. Under no circumstances shall any mitigation project be debited until the necessary DA authorization has been received for its construction or the District Engineer (DE) has otherwise provided written approval for the project in the case where no DA authorization is required for construction of the mitigation project. The DE, in consultation with the Interagency Review Team (IRT), will determine if performance standards have been satisfied sufficiently to meet the requirements of the release schedules below. In cases where some performance standards have not been met, credits may still be released depending on the specifics of the case. Monitoring may be required to restart or be extended, depending on the extent to which the site fails to meet the specified performance standard. The release of project credits will be subject to the criteria described as follows: Sliver Moon Non-riparian Wetland Mitigation Site pg. 13 Mitigation Plan February 2012 Table 6. Forested Wetland Credits Monitoring Interim Total Credit Release Activity YearReleaseReleased 30% 30% 0 Initial Allocation – see requirements below First year monitoring report demonstrates performance 110% 40% standards are being met Second year monitoring report demonstrates performance 210% 50% standards are being met Third year monitoring report demonstrates performance 310% 60% standards are being met Fourth year monitoring report demonstrates performance 410% 70% standards are being met Fifth year monitoring report demonstrates performance standards are being met; Provided that all performance standards are met, 5the IRT may allow the NCEEP to discontinue hydrologic monitoring after 10% 80% the fifth year, but vegetation monitoring must continue for an additional two years after the fifth year for a total of seven years. Sixth year monitoring report demonstrates performance 610% 90% standards are being met Seventh year monitoring report demonstrates performance 7standards are being met, and project has received close-out 10% 100% approval 6.1 Initial Allocation of Released Credits The initial allocation of released credits, as specified in the mitigation plan can be released by the NCEEP without prior written approval of the DE upon satisfactory completion of the following activities: a.Approval of the final Mitigation Plan b.Recordation of the preservation mechanism, as well as a title opinion acceptable to the USACE covering the property c.Completion of project construction (the initial physical and biological improvements to the mitigation site) pursuant to the mitigation plan; Per the NCEEP Instrument, construction means that a mitigation site has been constructed in its entirety, to include planting, and an as-built report has been produced. As-built reports must be sealed by an engineer prior to project closeout, if appropriate but not prior to the initial allocation of released credits. d.Receipt of necessary DA permit authorization or written DA approval for projects where DA permit issuance is not required. 6.2 Subsequent Credit Releases All subsequent credit releases must be approved by the DE, in consultation with the IRT, based on a determination that required performance standards have been achieved. For stream projects a reserve of 15% of a site’s total stream credits shall be released after two bank-full events have occurred, in separate years, provided the channel is stable and all other performance standards are met. In the event that less than two bank-full events occur during the monitoring period, release of these reserve credits shall be at the discretion of the IRT. As projects approach milestones associated with credit release, the NCEEP will submit a request for credit release to the DE along with documentation substantiating achievement of criteria required for release to occur. This documentation will be included with the annual monitoring report. Sliver Moon Non-riparian Wetland Mitigation Site pg. 14 Mitigation Plan February 2012 MITIGATION WORK PLAN 7.1 Target Wetland Type & Plant Communities The EPA classification of a wetland is based on soil, hydrology, and vegetation characteristics. The Sliver Moon project contains of Torhunta and Pantego fine sandy loam hydric soils. Regional ground level water is at or near the surface, specifically during winter and spring months (USDA Soil Conservation Service 1994). Restoration efforts aim to reproduce characteristic pre-disturbed vegetation and hydrology. Soils Hydric A, fine sandy loam Torhunta and Pantego soils are the primary types present within project. Torhunta fine sandy loam is 80% hydric and is located on Nearly level stream terraces and upland bays within the Coastal Plain. Torhunta soils are very poorly drained, have moderately rapid permeability, and a seasonal high water table at the surface for 2 to 6 months annually. Characteristically Torhunta fine sandy loam is defined at the surface by a black fine sandy loam to a depth of 12 inches. From 12 to 37 inches the subsoil turns to a dark drown sandy loam. Pantego fine sandy loam consists of very poorly drained, moderately permeable soils that formed in thick loamy sediments on the Southern Coastal Plain and Atlantic Coast Flatwoods. The water table is at or near the surface during the wet season. As described in the Craven County USDA Soil Survey, Pantego fine sandy loam is typically black fine sandy loam to a depth of 15 inches. Subsoil extends to 62 inches and is characterized by dark gray sandy clay loam in upper layers to gray sandy clay in lower layers. Hydrology As stated in the USDA Soil Survey of Craven County, NC groundwater levels are at or near the surface during the dormant and early growing season, and is fed explicitly by rain events. Torhunta and Pantego are both nearly level, slowly permeating soil types which drain poorly. The current ditching of the Site has capped surface and sub-surface hydrology. Filling ditches will restore hydrology to characteristic levels. Vegetation Native, non-riparian forest species will be restored within the entire Site. Planting vegetation is proposed to reestablish vegetation community patterns, to provide soil stability, habitat for wildlife and filter pollutants prior to entering the groundwater table. Planted species composition will mimic Schafale and Weakley’s Classification of the Natural Communities of North Carolina (1990) description of a Non- Riverine Wet Harwood Flat, supplemented by reference forest and onsite observations (Table 7). Table 7. Reference Vegetation Species Canopy Species Understory Species cherrybark oak (Quercus pagota) wax myrtle (Myrica cerifera) laurel oak (Quercus laurifolia) sweet bay (Magnolia virginiana) loblolly pine (Pinus taeda) red bay (Peresa borbonia) water oak (Quercus nigra) tulip poplar(Liriodendron tulipifera) swamp chestnut oak (Quercus michauxii) willow oak (Quercus phellos) black gum (Nyssa sylvatica) 7.2 Design Parameters The Site was evaluated for the presence of conditions or characteristics that have the potential to hinder restoration activities. The evaluation focused primarily on the presence of hazardous materials, utilities and restrictive easements, rare/threatened/endangered species or critical habitats, and the potential for Sliver Moon Non-riparian Wetland Mitigation Site pg. 15 Mitigation Plan February 2012 hydrologic trespass. Existing information regarding Site constraints was acquired and reviewed. In addition, any Site conditions that have the potential to restrict the restoration design and implementation were documented during the field investigation. No evidence of natural and/or man-made conditions was identified that has the potential to impede proposed restoration activities. Please refer to Appendix B e-mail correspondence between Todd Tugwell (USACE) and Guy Pearce (NC EEP), indicating that no jurisdictional wetland delineation is need for the Site. The primary goals of this restoration concept include: (1)Enhancement of water quality functions (reduce non-point source nutrient inputs and sedimentation); (2)Establishment of a natural non-riparian wetland community; (3) Restoration of jurisdictional wetland hydrology by filling ditches; and (4) Placement of a conservation easement over the site that will encompass and protect all restoration activities in perpetuity. Primary activities, designed to restore 14.0 acres of non-riparian wetland, include filling ditches and planting native, deep rooted forest species (Appendix D). Wetland restoration is designed to restore a fully functioning non-riparian wetland system that will provide water storage, nutrient cycling, removal of imported elements and compounds, and will create a variety and abundance of wildlife habitat. The entire Site is underlain by non-riparian hydric soils have been impacted by vegetation clearing, ditch excavation and agricultural practices. Wetland restoration will focus on the restoration of non-riparian hydric soils, forest communities, elevation of groundwater tables, and the reestablishment of soil structure and micro-topographic variations. Restoration of wetland hydrology and wetland soil attributes will involve 1) ditch cleaning prior to backfill, 2) ditch plug installation, and 3) ditch backfill. These activities will restore 14 acres of non- riparian wetland at the Site (Figure C, Appendix D). Ditch Cleaning Ditches identified for backfilling will be cleaned, as needed, to remove unconsolidated sediments. Removal of unconsolidated sediments is particularly critical in areas where ditch plugs are proposed. Accumulated sediment within the ditches provides a relatively high permeability material that may act as a conduit for drainage after restoration. The unconsolidated sediments will be lifted from the channel to expose the underlying, relatively undisturbed soil material beneath the ditch invert. The unconsolidated sediment will be incorporated into top soils and spread evenly throughout the Site. Ditch Plugs Impermeable ditch plugs will be installed within ditches at critical locations throughout the Site. The plugs will consist of low density earthen material. Each plug will be backfilled in 2-foot lifts of vegetation-free material and compacted into the bottom of the ditch. The earthen material may be obtained from upland areas within the easement. The plugs will consist of a core of impervious material and shall be of sufficient width and depth to form an imbedded overlap in the existing ditch banks and ditch bed (Figure C, Appendix D). Sliver Moon Non-riparian Wetland Mitigation Site pg. 16 Mitigation Plan February 2012 Ditch Backfilling Ditches will be backfilled using onsite material excavated from spoil piles adjacent to ditches and borrow material from upland areas within the easement. Where vegetation has colonized fields or spoil areas, rooting debris will be removed to the maximum extent feasible before insertion of earthen material into the ditch. The ditches will be filled, compacted, and graded to the approximate elevation of the adjacent wetland surface (Figure C, Appendix D). Figure C, Appendix D details the redirecting of an existing ditch while perimeter ditches are filled. The filling of perimeter ditches will not result in hydrological trespassing, as the Site itself is situated below surrounding elevations, a sand berm along the northern boundary of the site and a compacted elevated road along the eastern boundary will prevent hydrological trespassing in those directions. Additionally, hydrology for the Site is primarily rain driven and surface runoff will not be obstructed, the piping and reworking of the existing ditch will insure unobstructed surface runoff from rain events. Vegetation Planting Bare-root seedlings of native region-specific tree and shrub species will be planted within the Site at a st density up to 1000 stems per acre (6.6-foot centers). Planting will be performed between December 1 th and March 15 to allow plants to stabilize during the dormant period and set root during the spring season. Bare-root seedlings will be hand planted to minimize Site soil disturbance, thus minimizing potential for sedimentation / siltation runoff from the Site. A total of 14,000 native, region-specific, tree and shrub seedlings will be planted in support of Site wetland restoration (Table 8). The 14-acre restoration area will be re-vegetated during the implementation of this plan (Figure D, Appendix D). Table 8. Planting Plan Species Spec'd % Ordered % Nursery Overstory Black gum 1,600 11% 1,600 11% ArborGen Cherrybark oak 1,600 11% 1,600 11% ArborGen Laurel oak 1,300 9% 1,300 9% ArborGen Swamp chestnut oak 1,300 9% 1,300 9% ArborGen Swamp red bay 1,300 9% 1,300 9% Superior Trees Sweet bay magnolia 1,300 9% 1,300 9% ArborGen Water oak 1,500 10% 1,500 10% ArborGen Willow oak 1,300 9% 1,300 9% ArborGen Yellow-poplar 1,300 9% 1,300 9% ArborGen Midstory Wax myrtle 1,200 9% 1,200 9% ArborGen 14,000 100% 14,000 100% 7.3 Data Analysis Groundwater modeling was conducted in January of 2011 by a licensed soil scientist from Axiom Environmental, Inc. For this study, the Boussinesq equation was utilized to predict groundwater impacts associated with ditching. The Boussinesq equation represents a two-dimensional general flow equation for unconfined aquifers. The equation has been applied in the past to predict the decline in elevation of the water table near a pumping well as time progresses. Sliver Moon Non-riparian Wetland Mitigation Site pg. 17 Mitigation Plan February 2012 The Boussinesq equation was applied to Site ditches to predict the linear distance of groundwater drawdown that exceeds 1 foot for 7.5 percent of the growing season. The percentage of the growing season (7.5 percent) was selected based upon guidance from the Corps of Engineers Wetland Delineation Manual (Environmental Laboratory 1987). The equation is solved for wetland impacts with data for the following variables: 1) equivalent hydraulic conductivity, 2) drainable porosity, 3) and estimated depth to the impermeable layer or aquiclude, 4) the time duration of the drawdown, 5) target water depth (1 foot below the soil surface), and 6) minimum ditch depth. Results from the Boussinesq equation predicted lateral drainage effects to the groundwater table from agricultural ditches. Results of the Boussinesq equation are summarized in Table 9. Ditch impacts at the Site range from 179 feet to 315 feet, measuring horizontally from the ditch edge. Using existing ditch depths and applying the Boussinesq equation, it has been determined that17 acres have been effectively drained (Figure 4) by the ditches that are currently in place. Rerouting the southern drainage ditch will result in post restoration drainage within approximately three acres of the southeastern corner of the Site. Therefore, 14 acres of restoration will be available as depicted in Figure C. Table 9. Boussinesq Equation Results Depth to Ditch Depth Growing Drainable Ditch Impact SoilAquaclude Ksat (cm/hr) (ft)Season (hrs) Porosity (cm) (ft) (cm) 2 61.0 10.2 675* 0.033 174 3 91.4 10.2 675* 0.033 243 Torhunta/Pantego (Craven County) 4 121.9 10.2 675* 0.033 281 6 182.9 10.2 675* 0.033 305 *Based on 7.5% growing season MAINTENANCE PLAN Restoration Systems will monitor the site on a regular basis and will conduct a physical inspection of the site a minimum of once per year throughout the post-construction monitoring period until performance standards are met. These site inspections may identify site components and features that require routine maintenance. Routine maintenance should be expected most often in the first two years following site construction and may include the following: Table 10. Site Maintenance Plan Component/Feature Maintenance through project close-out Routine wetland maintenance and repair activities will occur. Areas where stormwater and Wetland floodplain flows intercept the wetland may require maintenance to prevent scour. Vegetation shall be maintained to ensure the health and vigor of the targeted plant community. Routine vegetation maintenance and repair activities may include supplemental planting, pruning, Vegetation mulching, and fertilizing. Exotic invasive plant species shall be controlled by mechanical and/or chemical methods. Any vegetation control requiring herbicide application will be performed in accordance with NC Department of Agriculture (NCDA) rules and regulations. Site boundaries shall be identified in the field to ensure clear distinction between the mitigation site and adjacent properties. Boundaries may be identified by fence, marker, bollard, post, tree- Site Boundary blazing, or other means as allowed by site conditions and/or conservation easement. Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced on an as needed basis. Utility right-of-way within the site may be maintained only as allowed by Conservation Easement Utility Right-of-Way or existing easement, deed restriction, rights of way, or corridor agreements. Sliver Moon Non-riparian Wetland Mitigation Site pg. 18 Mitigation Plan February 2012 PERFORMANCE STANDARDS Monitoring of Site restoration efforts will be performed until success criteria are fulfilled. Monitoring for wetland components include hydrology and vegetation. Hydrology Monitoring A total of nine (9) groundwater monitoring gauges will be installed to take measurements after hydrological modifications are performed at the Site. Hydrological sampling will continue throughout the growing season at intervals necessary to satisfy jurisdictional hydrology success criteria (EPA 1990). Hydrology Success Criteria Located within an interstream-flat, the Site’s hydrology is precipitation driven and thus, subject to drought periods during the growing season. Based on the Sites location and hydrology source, target hydrological characteristics include saturation or inundation for 7.5 percent of the growing season, during average climatic conditions. During growing seasons with atypical climatic conditions, groundwater gauges in reference wetlands may be used by the USACE/NCIRT to evaluate hydrology success. Vegetation Monitoring After planting has been completed in winter or early spring, an initial evaluation will be performed to verify planting methods and to determine initial species composition and density. Supplemental planting and additional Site modifications will be implemented, if necessary. During quantitative vegetation sampling, fourteen (14) sample plots (10-meter by 10-meter) will be installed within the Site as per guidelines established in CVS-EEP Protocol for Recording Vegetation, Version 4.0 (Lee et al. 2006). Each sample plot monitoring will follow CVS Level II protocol, parameters to be monitored include species composition and density. Visual observations of the percent cover of shrub and herbaceous species will be documented by photograph. Vegetation Success Criteria Success criteria have been established to verify that the vegetation component supports community elements necessary for forest development. Success of vegetation criteria at the Site indicates successful restoration of non-riparian habitat within and adjacent to aquatic wetland resources as well as improvement of overall water quality resulting from the treatment of runoff from agriculture fields. Success criteria are dependent upon the density and growth of living, planted stems throughout the planted areas of the Site including Non-riverine Wet Hardwood Flat community. The presence of desirable volunteer species will also be considered by the USACE/NCIRT in making a determination whether the Site has successfully met the stated goals and objectives. An average density of 320 stems per acre of living, planted stems must be surviving in the first three monitoring years. Subsequently, 260 living, planted stems per acre must be surviving in year 5 and 210 living, planted stems per acre in year 7. Sliver Moon Non-riparian Wetland Mitigation Site pg. 19 Mitigation Plan February 2012 Hydrologic Contingency The Site is bound by culvert that runs under Daisy Ln. (Figure 4), if hydrologic success criteria is not achieved adjustments to the outfall level would raise the Site’s groundwater table. Recommendations for contingency to establish wetland hydrology may be implemented and monitored until Hydrology Success Criteria is achieved. Vegetation Contingency If vegetation success criteria are not achieved based on average density calculations from combined plots over the entire restoration area, supplemental planting may be performed with tree species approved by regulatory agencies. Supplemental planting may be performed as needed until achievement of vegetation success criteria. If, within the first 3 years, any species exhibits greater than 50 percent mortality, the species will either be replanted or an acceptable replacement species will be planted in its place as specified in the contingency plan. MONITORING REQUIREMENTS Annual monitoring data will be reported using the EEP monitoring template. The monitoring report shall provide a project data chronology that will facilitate an understanding of project status and trends, population of EEP databases for analysis, research purposes, and assist in decision making regarding project close-out. Table 11. Site Monitoring Requirements Required Parameter Quantity FrequencyNotes As per April 2003 USACE Wilmington District Stream NoPattern annual Mitigation Guidelines As per April 2003 USACE Wilmington District Stream NoDimensionannual Mitigation Guidelines As per April 2003 USACE Wilmington District Stream NoProfile annual Mitigation Guidelines As per April 2003 USACE Wilmington District Stream NoSubstrateannual Mitigation Guidelines As per April 2003 USACE Surface Water NoWilmington District Stream Hydrology annual Mitigation Guidelines Groundwater monitoring gauges with data As per April 2003 USACE Groundwaterrecording devices will be installed on site; Wilmington District Stream YesHydrology annualthe data will be downloaded at least every Mitigation Guidelines 30 days during the growing season *Vegetation will be monitored using the As per April 2003 USACE Carolina Vegetation Survey (CVS) Level Vegetation Wilmington District Stream YesannualII protocols. 14 Vegetation survey plots Mitigation Guidelines will be installed and monitored. Exotic and nuisance Location of exotic and nuisance vegetation Yes annual vegetation will be mapped Sliver Moon Non-riparian Wetland Mitigation Site pg. 20 Mitigation Plan February 2012 Table 11. Site Monitoring Requirements Continued Required Parameter Quantity FrequencyNotes Locations of fence damage, vegetation Semi- Yes Project boundary damage, boundary encroachments, etc. will annual be mapped * “The Carolina Vegetation Survey is a collaborative, multi-institutional research program designed to document the composition and status of the natural vegetation of the Carolinas for purposes of inventory, monitoring of environmental impacts, and assessment of conservation status.” ) (http://cvs.bio.unc.edu/ LONG-TERM MANAGEMENT PLAN Upon approval for close-out by the Interagency Review Team (IRT), responsibility for long-term stewardship of the Site will be transferred to theEEP. This party shall be responsible for periodic inspection of the site to ensure that restrictions required in the conservation easement or the deed restriction document(s) are upheld. ADAPTIVE MANAGEMENT PLAN Upon completion of site construction Restoration Systems will implement the post-construction monitoring protocols previously defined in this document. Project maintenance will be performed as described previously in this document. If, during the course of annual monitoring it is determined the Site’s ability to achieve site performance standards are jeopardized, Restoration Systems will notify the EEP of the need to develop a Plan of Corrective Action. The Plan of Corrective Action may be prepared using in-house technical staff or may require engineering and consulting services. Once the Corrective Action Plan is prepared and finalized RS will: 1.Notify the EEP as required by the Nationwide 27 permit general conditions. 2.Revise performance standards, maintenance requirements, and monitoring requirements as necessary and/or required by the USACE / EEP. 3.Obtain other permits as necessary. 4.Implement the Corrective Action Plan. 5.Provide the EEP a Record Drawing of Corrective Actions. This document shall depict the extent and nature of the work performed. FINANCIAL ASSURANCES As required by RFP # 16-002835, Restoration Systems will provide a performance bond for 55% of the total value of the contract to be submitted with this document. This bond will remain in effect until the successful completion of Task 6. See Appendix E. Sliver Moon Non-riparian Wetland Mitigation Site pg. 21 Mitigation Plan February 2012 OTHER INFORMATION 14.1 Definitions Cataloging Unit (“CU”) – A geographic area representing part or all of a River Basin and identified by an 8-digit number as depicted on the “Hydrologic Unit Map – 1974, State of North Carolina, published by the U.S. Department of Interior, Geological Survey”. Categorical Exclusion – Categories of actions that do not individually or cumulatively have a significant effect on the human or natural environment and for which, therefore, neither an Environmental Assessment nor an Environmental Impact Statement is required. Categorical Exclusion Action Form and Document – An abbreviated environmental document, prefaced by an Action Form, that briefly describes the mitigation site, the plan for its implementation, and documents that it will have minimal or no impact on the environment. Conservation Easement – A restriction landowners voluntarily place on specified uses of their property to protect its natural, productive, or cultural features. It is recorded as a written legal agreement between . TheState of North Carolina must receive directly from the landowner and the “holder” of the easement the landowner a conservation easement as prepared and facilitatedby the full delivery provider for all Ecosystem Enhancement Program full delivery projects. EEP – The North Carolina Ecosystem Enhancement Program. Hydrologic Unit (“HU”) – A geographic area representing a portion of a Cataloging Unit as depicted on the “Hydrologic Unit Map – 1974, State of North Carolina, published by the U.S. Department of Interior, Geological Survey,” and identified by a 14-digit number. Jurisdictional Wetland - A wetland as defined in the 1987 Corps of Engineers Wetlands Delineation Manual. Mitigation mitigation, – The term when used throughout this RFP and any subsequent contracts that Compensatory MitigationCompensatory Mitigation may be executed is .is defined as those mitigation Avoid Minimize activities implemented after all practicable measures toandadverse impacts to waters of the United States have been carried out. Mitigation Plan – A written document, supplemented with graphics, which describes: the existing site conditions, the goals and objectives of the project and other pertinent information. The Mitigation Plan is developed and submitted prior to the implementation of the project. Morphological description – The stream type; stream type is determined by quantifying channel entrenchment, dimension, pattern, profile, and boundary materials; as described in Rosgen, D. (1996), nd Applied River Morphology, 2 edition. Native Vegetation Community – A distinct and reoccurring assemblage a populations of plants, animals, bacteria and fungi naturally associated with each other and their population; as described in Schafale, M.P. and Weakley, A.S. (1990), Classification of the Natural Communities of North Carolina, Third Approximation. Sliver Moon Non-riparian Wetland Mitigation Site pg. 22 Mitigation Plan February 2012 Non-Riparian Wetland – an area underlain with hydric soils that has developed and is located in interstream divide physiographic areas. The hydrology of non-riverine wetlands is driven by precipitation and is characterized by groundwater being at or near the surface for much of the year. Must meet US Army Corps of Engineers wetlands definition (33 CFR 328.3(b)). Project Area – Includes all protected lands associated with the mitigation project. RFPDepartmentProposals – Request For Proposals; the document issued by the to solicit from Offerors. interested River Basin – The largest category of surface water drainage; there are seventeen (17) river basins in North Carolina. SiteOfferor Proposal – Property or properties identified by an in a as having potential to provide either wetland, stream, or buffer mitigation. USACE – United States Army Corps of Engineers, Regulatory Branch, Wilmington District USGS – United States Geological Survey. Wetland Mitigation Unit (“WMU”) – The unit of measurement of the extent of wetland mitigation Proposal. SiteRestoration being offered in a The WMU value for a is the sum of the acres, one-third of CreationEnhancementPreservation theacres, one-half of the acres, and one-fifth of the acres. 14.2 References Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1. United States Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. Environmental Protection Agency (EPA). 1990. Mitigation Site Type Classification (MiST). EPA Workshop, August 13-15, 1989. EPA Region IV and Hardwood Research Cooperative, NCSU, Raleigh, North Carolina. Faber-Langendoen, D., Rocchio, J., Schafale, M., Nordman, C., Pyne, M., Teague, J., Foti, T., Comer, P. (2006), Ecological Integrity Assessment and Performance Measures for Wetland Mitigation. Griffith, G.E., J.M. Omernik, J.A. Comstock, M.P. Schafale, W.H. McNab, D.R. Lenat, T.F. MacPherson, J.B. Glover, and V.B. Shelbourne. 2002. Ecoregions of North Carolina and South Carolina. U.S. Geological Survey, Reston, Virginia. Lee, M.T., R.K. Peet, S.D. Roberts, and T.R. Wentworth. 2006. CVS-EEP Protocol for Recording Vegetation. Version 4.0. North Carolina Department of Environment and Natural Resources, Ecosystem Enhancement Program. Raleigh, North Carolina. Lindenmayer, D.B., and J.F. Franklin. (2002), Conserving forest biodiversity: A comprehensive multiscaled approach. Island Press, Washington, DC. NatureServe, Arlington, Virginia. Sliver Moon Non-riparian Wetland Mitigation Site pg. 23 Mitigation Plan February 2012 North Carolina Division of Water Quality (NCDWQ). 2007. Final North Carolina Water Quality Assessment and Impaired Waters List (2006 Integrated 305(b) and 303(d) Report) (online). Available: http://h2o.enr.state.nc.us/tmdl/documents/303d_Report.pdf [February 19, 2010]. North Carolina Department of Environment and Natural Resources, Raleigh, North Carolina. North Carolina Division of Water Quality (NCDWQ). 2008. Draft North Carolina Water Quality Assessment and Impaired Waters List (2008 Integrated 305(b) and 303(d) Report) (online). Available: http://h2o.enr.state.nc.us/tmdl/documents/2008Cat4and520100215.pdf [February 19, 2010]. North Carolina Department of Environment and Natural Resources, Raleigh, North Carolina. North Carolina Division of Water Quality (NCDWQ). 2010 a. Draft North Carolina Water Quality Assessment and Impaired Waters List (2010 Integrated 305(b) and 303(d) Report) (online). Available: http://h2o.enr.state.nc.us/tmdl/documents/draft_2010_Cat_5.pdf [February 19, 2010]. North Carolina Department of Environment and Natural Resources, Raleigh, North Carolina. North Carolina Division of Water Quality (NCDWQ). 2010 b. North Carolina Water Bodies Report (online). Available: http://h2o.enr.state.nc.us/bims/reports/basinsandwaterbodies/03-07-04.pdf [February 19, 2010]. North Carolina Department of Environment and Natural Resources, Raleigh. North Carolina Ecosystem Enhancement Program (NCEEP). 2010. Neuse River Basin Restoration Priorities (online). Available: http://www.nceep.net/services/restplans/FINAL%20RBRP%20Neuse%2020110523.pdf [October 31, 2011]. North Carolina Department of Environment and Natural Resources, Raleigh, North Carolina. Peet, R.K., Wentworth, T.S., and White, P.S. (1998), A flexible, multipurpose method for recording vegetation composition and structure. Castanea 63:262-274. Rosgen, D. (1996), Applied River Morphology, 2nd edition, Wildland Hydrology, Pagosa Springs, CO. Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina: Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, N.C. Department of Environment, Health, and Natural Resources. Raleigh, North Carolina. Stream Mitigation Guidelines, April 2003, US Army Corps of Engineers Wilmington District. United States Department of Agriculture (USDA). 1994. Soil Survey of Davidson County, North Carolina. United States Department of Agriculture, Natural Resource Conservation Service. Fort Worth, Texas. Young, T.F. and Sanzone, S. (editors). (2002), A framework for assessing and reporting on ecological condition. Ecological Reporting Panel, Ecological Processes and Effects Committee. EPA. Sliver Moon Non-riparian Wetland Mitigation Site pg. 24 Mitigation Plan February 2012 APPENDIX A SITE PROTECTION INSTRUMENT(S) When available, the recorded document will be provided. The template document associated with the contract, (outlined in RFP # 16-003571), will be used and is below, also available online at http://www.nceep.net/business/landowner/10- 13/Template_Full_Delivery_EEP_Conservation_Easement_Final_1.23.06-1.pdf All site protection instruments require 60-day advance notification to the Corps and the State prior to any action to void, amend, or modify the document. No such action shall take place unless approved by the State. A site protection instrument figure will be completed once a final survey of the Site has been completed, after the conservation easement is purchased. Sliver Moon Non-riparian Wetland Mitigation Site Appendix A Mitigation Plan February 2012 APPENDIX B BASELINE INFORMATION DATA USACE & NC EPP Correspondence Regarding a Jurisdictional Determination FHWA Categorical Exclusion Form FEMA Compliance -EEP Floodplain Requirements Checklist NCEEP Mitigation Plan Sliver Moon Non-riparian Wetland Mitigation Site Appendix B Mitigation Plan February 2012 Raymond Holz From:Pearce, Guy <guy.pearce@ncdenr.gov> Sent:Thursday, September 01, 2011 10:35 AM To:Worth Creech Subject:FW: Wetland Determination/Delineation at Sliver Moon Non-Riparia (UNCLASSIFIED) IhavesavedanelectroniccopyandplacedahardcopyofthiscorrespondenceintheEEPfilesforfuturereference. Pleaseretainforyourrecords. Thanks,Guy OriginalMessage From:Pearce,Guy Sent:Thursday,September01,201110:14AM To:'Steffens,ThomasASAW' Cc:Tugwell,ToddSAW Subject:RE:WetlandDetermination/DelineationatSliverMoonNonRiparianWetlandProject(UNCLASSIFIED) ThanksThomasandTodd, Guy OriginalMessage From:Steffens,ThomasASAW[mailto:Thomas.A.Steffens@usace.army.mil] Sent:Thursday,September01,20118:35AM To:Tugwell,ToddSAW;Pearce,Guy Cc:Steffens,ThomasASAW Subject:RE:WetlandDetermination/DelineationatSliverMoonNonRiparianWetlandProject(UNCLASSIFIED) Classification:UNCLASSIFIED Caveats:NONE Todd, Yourrecollectionsarecorrectanddescriptionsaccurateconcerningthejurisdictionalaspects. Thanks toms OriginalMessage From:Tugwell,ToddSAW Sent:Monday,August29,20114:35PM To:Pearce,Guy Cc:Steffens,ThomasASAW Subject:RE:WetlandDetermination/DelineationatSliverMoonNonRiparianWetlandProject(UNCLASSIFIED) Classification:UNCLASSIFIED Caveats:NONE 1 Guy,IdidspeakwithTomafterthemeetingandheagreedthatthesitewasdrainedandthatnodelineationneededto beconducted.Thisdoesnotmeanthatthepriorconverteddeterminationiswhythesitehasnojurisdiction. Also,theactualditchesthemselveswouldstillbeconsideredtributaries,soapermitisstillrequiredweareonlytalking aboutanywetlands. Tom,letmeknowifthisdoesn'tgoalongwithyourrecollections. Thanks, Todd OriginalMessage From:Pearce,Guy[mailto:guy.pearce@ncdenr.gov] Sent:Tuesday,August16,201111:41AM To:Tugwell,ToddSAW Subject:WetlandDetermination/DelineationatSliverMoonNonRiparianWetlandProject GoodmorningTodd. As,youknow,asitevisittothesubjectpropertywasconductedonJuly25,20011.Attheconclusionofthatmeeting, therewasdiscussionaboutwhether ornotawetlanddetermination/delineationwouldberequired.Thesiteis rowcrop(corn)aglandthathasbeenextensivelyditched/drained.IfIrecallcorrectly,ThomSteffansoftheWashington USACEOfficewantedtotalk itoverwithhisfolksbeforemakingadecision.Igotacallfrom RestorationSystemsthismorningandtheywereaskingifadecisionhadbeenmade.Asyouwouldexpect,theywould preferthatthelandbedeemedpriorconvertedwetlandandnothavetodothewetlanddelineation,butwilldo whateverisrequired.CouldyoucheckwiththeWashingtonUSACEandletmeknowwhatyouguysdecide. Thanks,Guy Classification:UNCLASSIFIED Caveats:NONE Classification:UNCLASSIFIED Caveats:NONE 2 APPENDIX C MITIGATION WORK PLAN DATA and ANALYSES Groundwater Modeling/Hydrologic Budget Groundwater modeling was conducted in January of 2011 by a licensed soil scientist, from Axiom Environmental, Inc. For this study, the Boussinesq equation was utilized to predict groundwater impacts associated with ditching. The Boussinesq equation represents a two-dimensional general flow equation for unconfined aquifers. The equation has been applied in the past to predict the decline in elevation of the water table near a pumping well as time progresses. The Boussinesq equation was applied to Site ditches to predict the linear distance of groundwater drawdown that exceeds 1 foot for 7.5 percent of the growing season. The percentage of the growing season (7.5 percent) was selected based upon guidance from the Corps of Engineers Wetland Delineation Manual (Environmental Laboratory 1987). The equation is solved for wetland impacts with data for the following variables: 1) equivalent hydraulic conductivity, 2) drainable porosity, 3) and estimated depth to the impermeable layer or aquiclude, 4) the time duration of the drawdown, 5) target water depth (1 foot below the soil surface), and 6) minimum ditch depth. Results from the Boussinesq equation predicted lateral drainage effects to the groundwater table from agricultural ditches. Results of the Boussinesq equation are summarized in Table 3. Ditch impacts at the Site range from 179 feet to 315 feet. Using existing ditch depths, 17 acres have been effectively drained (Figure 4). Rerouting the southern drainage ditch will result in post restoration drainage within approximately three acres of the southeastern corner of the Site. Therefore, 14 acres of restoration will be available as depicted in Figure C. Table 9. Boussinesq Equation Results Depth to Ditch Depth Growing Drainable Ditch Impact SoilAquaclude Ksat (cm/hr) (ft)Season (hrs) Porosity (cm) (ft) (cm) 2 61.0 10.2 675* 0.033 174 3 91.4 10.2 675* 0.033 243 Torhunta/Pantego (Craven County) 4 121.9 10.2 675* 0.033 281 6 182.9 10.2 675* 0.033 305 *Based on 7.5% growing season CVS Vegetation Assessment Vegetation surveys will begin after construction, and be monitored just before, during and just after the growing season. Based on the Microsoft Access CVS template the Site will hold fourteen (14) vegetation plots. Nine (9) groundwater modeling wells will also be installed during construction. These wells and plots will be marked and referenced in the Sites as built documents. Planned vegetation distribution is detailed in Figure D, Appendix D. Sliver Moon Non-riparian Wetland Mitigation Site Appendix C Mitigation Plan February 2012 APPENDIX D PROJECT PLAN SHEETS Figure A. Title Page Figure B. Boundary Plan Figure C. Mitigation Plan Figure D. Planting Plan Sliver Moon Non-riparian Wetland Mitigation Site Appendix D Mitigation Plan February 2012 SLIVERMOON NON-RIPARIANWETLANDMITIGATIONSITE PROJECTPLANSHEETS ^_ PROJECTDESCRIPTIONPROJECTLOCATION RESTORATIONSYSTEMS,LLC FIGUREA:TITLEPAGE " ) " ) " ) " ) " ) " ) " ) " ) " ) " ) " ) " ) " ) " ") ) " ) « Legend " ) RESTORATIONSYSTEMS,LLC FIGUREB:BOUNDARYPLAN Legend « &3 RESTORATIONSYSTEMS,LLC FIGUREC:MITIGATIONPLAN PlantList SpeciesSpec'd%Ordered%Nursery Overstory « Legend Midstory RESTORATIONSYSTEMS,LLC FIGURED:PLANTINGPLAN APPENDIX E PERFORMANCE BOND Sliver Moon Non-riparian Wetland Mitigation Site Appendix E Mitigation Plan February 2012 APPENDIX F NCIRT APPROVAL LETTER Sliver Moon Non-riparian Wetland Mitigation Site Appendix F Mitigation Plan February 2012 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO February9, 2012 ATTENTION OF: Regulatory Division Re:NCIRT Review and USACE Approval of the Sliver MoonMitigation Plan(SAW-2012-00096) Mr. Michael Ellison North Carolina Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 Dear Mr. Ellison: The purpose of this letter is to provide the North Carolina Ecosystem Enhancement Program (NCEEP) with all comments generated bythe North Carolina Interagency Review Team (NCIRT) duringthe 30-day comment period for the Sliver MoonMitigation Plan, which closed on January 15, 2012.These comments are attached for your review. Based on our review of these comments, we have determined that no major concerns have been identified with the Draft Mitigation Plan. However, several minorissues were identified,as shown below, that must be addressed in the Final Mitigation Plan. 1.The mitigation plan indicates that “Characteristic Tree Species” based on Schafale and Weakley’s Classification of the Natural Communities of North Carolina (1990) will be used to determine if the site successfully meets the vegetation performance standards. Depending on the community, typical Characteristic Tree Species include volunteer species such as loblolly pine and sweetgum that are not desirable and will not be counted toward vegetation success. The vegetation performance standards must be changed to reflect a minimum requirement of 210living,plantedstems per acre.The presence of desirable volunteer species will be considered by the USACE/NCIRT in making the determination whether a mitigation project has successfully met the stated goals and objectives. 2.The hydrology performance standards must be change to reflect that groundwater gauges in reference may be used by the USACE/NCIRT to evaluate hydrology success, but not that they will“dictate threshold hydrology success criteria”. Additionally, if wetland parameters are marginal as indicated by vegetation and/or hydrology monitoring, the mitigation plan must not indicate that a jurisdictional determination (JD) will be used to determine success. A JD may indicate whether an area is a jurisdictional wetland that meets only the minimal standards, which is not the intent of a wetland restoration project, and accordingly, a JD will not indicate success where vegetation and/or hydrology monitoring indicate otherwise. The USACE may choose to conduct a JD to provide additional information, but this will be a site-by-site decision made by the USACE in consultation with the NCIRT. The Final Mitigation Plan is to be submitted with the Preconstruction Notification (PCN) Application for Nationwide permit approval of the project along with a copy of this letter.Issues identified above must be addressed in the Final Mitigation Plan. If it is determined that the project does not require a Department of the Army permit, you must still provide a copy of the Final Mitigation Plan, along with a copy of this letter, to the appropriate USACE field office at least 30 days in advance of beginning construction of the project.Please note that this approval does not preclude the inclusion of permit conditions in the permit authorizationfor the project, particularly if issues mentioned above are not satisfactorily addressed. Additionally, this letter provides initial approval for the Mitigation Plan, but this does not guarantee that the project will generate the requested amount of mitigation credit. As you are aware, unforeseen issues may arise during construction or monitoring of the project thatmayrequire maintenance or reconstruction andmay lead to reduced credit. Thank you for your prompt attention to this matter, and ifyou have any questions regarding this letter, the mitigation plan review process,or the requirements of the Mitigation Rule, please call me at 919-846-2564. Sincerely, Todd Tugwell Special Projects Manager Enclosures Electronic Copies Furnished: NCIRT Distribution List CESAW-RG/McLendon CESAW-RG-W/Steffens Jeff Jurek, NCEEP Kristie Corson, NCEEP DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTENTION OF: CESAW-RG/TugwellJanuary 17, 2012 MEMORANDUM FOR RECORD SUBJECT: NCIRT Comments During 30-day Mitigation Plan Review Purpose: The comments and responseslisted belowwere posted to the NCEEP Mitigation Plan Review Portal during the 30-day comment period in accordance with Section 332.8(g) of the 2008 Mitigation Rule. NCEEP Project Name:Sliver MoonMitigation Project, CravenCounty, NC USACE AID#:SAW-2012-00096 30-Day Comment Deadline:January 15, 2012 1.Travis Wilson, NCWRC, January 13, 2012:No significant concerns with this site. NCEEP Response:None. 2.Steve Sollod, NCDCM, December 19, 2011:Based on the project location and the worked described in the mitigation plan, it appears the proposed projec development permit. In North Carolina, federal consistency under Management Act (CZMA) is conveyed to non-federal projects when the USACE issues Nationwide or Regional General permits. As a point of clarificat-federal projects that require a USACE Individual Permit require the applicant to impact on the coastal zone and certifythat the project is consistent with the state's Coastal Management Program, in accordance with 15 CFR 930. NCEEP Response:None.