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HomeMy WebLinkAbout20081473 Ver 5_Revised BPDP_20120405Research Triangle Park NC Post Office Box 14005 Ressach TftVe Pad4 North Carorina27709 2905 Madden Parkway Durham North Carolina 27713 800733.5646 919 - 2874262 919.3612269 Fax EcoEngineering A division of The John R McAdams Company Inc February 17 2012 Ms Katie Merritt Environmental Compliance Specialist & Nutrient Offset Coordinator Wetlands & Stormwater Branch NCDENR DWQ Archdale Building 512 N Salisbury Street Raleigh North Carolina 27603 Re Smith Chapel Bank Parcel (DWQ # 2008 -1473) Bank Parcel Development Package Response to Bank Parcel Development Package Comments EBX -11030 L L B � Zu�� �` ° Oil try e f� Following your February 9, 2012 a mail, please find our responses to your review comments on the project listed above Our response comments are in bold General When referencing buffer mitigation "npanan zone /area buffer restoration' etc where Riparian Buffer Credits are proposed to be generated, please add the text Neuse buffer mitigation or "Neuse riparian zone, or Neuse' buffer restoration For all other areas proposed for generating Nutrient Offset Credits please reference those as 'riparian instead of buffer Please edit the entire document to ensure this is clarified throughout (one exception if DWQ determined the feature to be applicable to the Neuse Buffer rules and EBX decides to use the riparian buffer zones for nutrient offset instead of buffer restoration please specify this in the BPDP under the appropriate section so that the mitigation efforts and areas are understood by all parties) JRM Response The document has been revised to distinguish between Neuse riparian buffer and riparian nutrient offset credit 2 Section 10 — paragraph 3 Please add the "Bank s" DWQ protect number as a reference That number is DWQ# 2008 1473 Please also add that it was entered into by the parties on 11/10/08 (this document is referenced as RBMBI in the text below) JRM Response The document has been revised with the addition of DWQ# 2008 1473 on the title page and phrase "and it w" ecmgr mn I Design Services Focused On Client Success EcoEngineering A division of The John R McAdams Company Inc Ms Katie Merritt Response to Bank Parcel Development Package Comments February 17 2012 Smith Chapel Bank Parcel Page 2 of 5 was entered into by the parties on November 10, 2008" within the third paragraph of Section 10 3 Section 2 5 Please state in the text whether this leaking underground storage tank is still leaking and whether it is posing a specific water quality concern to ground water or surface water If there is not a concern please state that in the text and why It also doesn t say what it is leaking Do you happen to know what this storage tank used to consist of? If so please state that in the text We just need to make sure there are no contaminants entering the surface water through the ground on this potential mitigation site JRM Response The document has been revised as follows "A former UST (Underground Storage Tank) owned by Dekalb Genetics is listed on the LUST (Lealung Underground Storage Tank) and IMD (Incident Management Database) databases approximately 075 miles northwest of the Bank Parcel According to American Society for Testing and Materials (ASTM) Practice E 1527 05, leaking underground storage tanks (LUSTS) which are deemed to be an impairment to a property if they are within 0 5 miles from the subject property Gasoline product from the UST was determined to be leaking during removal and soil and groundwater contamination was detected on October 15, 1991 The UST was removed, contaminated soil excavated, groundwater sampling was conducted, and the incident was closed out on December 18, 1991 It is believed the site is not an impairment due to the distance from the Bank Parcel, topographic gradient m the opposite direction, and the closed out remediahon activities " 4 Section 3 0 — third paragraph Identify the year associated with the plantings consistent with what you have under Section 4 0 JRM Response The document has been revised as noted EcoEngineering A division of The John R McAdams Company Inc Ms Katie Merritt Response to Bank Parcel Development Package Comments February 17, 2012 Smith Chapel Bank Parcel Page 3 of 5 5 Section 4 0 Why is there a target density of 320 trees and shrubs per acre? According to NCEEP s Guidelines for Riparian Buffer Restoration "Trees should be planted at a density sufficient to provide 320 trees per acre at maturity To achieve this density approximately 436 (10x10 feet spacing) to 681 (8x8 feet spacing) trees per acre should be planted initially Shrubs should be planted at a density sufficient to provide 1200 shrubs per acre Please ensure that the target density on this parcel is consistent with the above guidance It shall be the same for both neuse buffer restoration and nutrient offset areas Please specify how success criteria is measured Recommended text would be the following Success criteria will be based on the survival of a minimum of 320 planted trees per acre following five years of monitoring' JRM Response The document has been revised as noted 6 Section 5 The RBMBI (Item 25) states that the "financial assurances shall retire upon submittal of the as built report for each site Please specify in this section, that a second method of financial assurance will be provided to cover the monitoring and maintenance of the mitigation site for at period of 5 years You may also add the following statement which is consistent with what we are allowing for another bank parcel under this same RBMBI (Rudolf) `the performance bond/monitoring bond may be lowered, based on the adjusted cost to finish the monitoring on a case by case basis and only with DWQ approval of the monitoring reports Your RBMBI does not allow or disallow for this adjustment, therefore DWQ does not have a problem offering this for this bank parcel JRM Response The document has been revised as follows "After completion of the restoration /construction, a separate Performance/Maintenance Bond will be secured for 100% of the estimated cost to implement the monitoring and maintenance plan but not less than $100,000 00 The Performance/Maintenance Bond shall be in effect for a minimum of five years, and until DWQ has released all mitigation credits to the Bank Sponsor Upon DWQ approval, this may be lowered each year based on the adjusted cost to complete the monitoring" EcoEngineering A division of The John R McAdams Company Inc Ms Katie Merritt Response to Bank Parcel Development Package Comments February 17 2012 Smith Chapel Bank Parcel Page 4 of 5 7 Section 6 0 Please state the pounds of nitrogen expected in addition to the acreage Please use 2 273 02 in the calculation instead of 2 273 Even though it s a small difference I will be asking Banks to use the number exactly as it is indicated in the rules when submitting all new BPDPs for approval Since this bank parcel is located outside of the Falls watershed, it shall not be used to offer phosphorus nutrient offset credits The Neuse River s management strategy only requires that nitrogen loading be the controlled nutrient and allowed to be offset Please replace the last sentence of the paragraph with the following text "the exact amount of nutrient offset mitigation potential (currently based on 2 273 021bs of nitrogen/ac of riparian restoration) will be included in the As Built Report and on the corresponding credit ledger JRM Response The document has been revised as noted General Please provide all figures and photos in color with the final BPDP JRM Response All figures and photos have been provided in the color for the final BPDP 9 Figure 2 Please enumerate the amount of Nutrient Offset Credits and Riparian Buffer Credits in acres Please apply the Buffer Clarification Memo #2008 019 to your site for Ditch 2 and Ditch 5 I have attached the clarification memo to this email If you feel this memo does not apply please contact Amy Chapman with DWQ 919 807 6400 to discuss JRM Response Figure 2 has been revised as noted 10 Figure 4 Please zoom in closer to the site to give a better view of the crenulations on the parcel JRM Response Figure 4 has been revised as noted EcoEngineering A division of The John It McAdams Company Inc Ms Katie Merritt Response to Bank Parcel Development Package Comments February 17 2012 Smith Chapel Bank Parcel Page 5 of 5 Consideration of this response is greatly appreciated A revised report is provided If you should have any questions or require additional information, please do not hesitate to contact me at (919) 287 0890 Sincerely, EcoEngineering a division ohn R McAdams George Buchholz REM PWS Environmental Scientist cc Tommy Cousins Environmental Banc & Exchange, LLC Enclosures SMITH CHAPEL - NUTRIENT OFFSET RESTORATION AREA WAYNE COUNTY NORTH CAROLINA BANK PARCEL DEVELOPMENT PACKAGE DWQ Project # 2008 1473 March, 2012 Smith Chapel Bank Parcel USGS HUC 03020201 Bank Parcel Development Package Wayne County North Carolina March 2012 Table of Contents 10 Protect Location and Description 2 0 Project Area Existing Conditions 21 Geologic & Soil Characteristics 22 Vegetative Communities 23 Threatened and Endangered Species 24 Cultural Resources 25 Environmental Issues 26 FEMA Floodplam / Floodway Mapping 3 0 Proposed Nutrient Offset Restoration Plan 4 0 Monitoring and Maintenance Plan 5 0 Financial Assurance 6 0 Neuse Riparian Buffer & Riparian Nutrient Offset Mitigation Potential 7 0 References In Text Tables Table 1 Mapped Soils within the Smith Chapel Bank Parcel Table 2 Plant List Appendix A Site Mans Figure 1 Site Location Map Figure 2 Proposed Riparian Buffer & Nutrient Offset Restoration Area Figure 3 Bank Parcel Service Area Figure 4 USGS Quad — Mount Olive Figure 5 Wayne County Soil Survey Figure 6 FEMA Floodplain / Floodway Exhibit Appendix B Site Photographs [JEcoEngineenng nm,awofibeidma Meamnucy sec 2 2 2 3 4 4 5 5 6 7 7 3 6 Smith Chapel Bank Parcel USGS HUC 03020201 Bank Parcel Development Package Wayne County North Carolina March 2012 10 Proiect Location and Descnntion Located off Old Smith Chapel Road (SR 1147), Just northwest of its intersection with Leonard Sasser Road (SR 1142) in Wayne County North Carolina (Figure 1), is the proposed Neuse riparian buffer restoration and riparian nutrient offset mitigation bank currently known as the Smith Chapel Bank Parcel (Bank Parcel) The Bank Parcel is 42 5 acres in total size Proposed stream buffer restoration activities within the Bank Parcel include approximately 4 acres of Neuse riparian buffer and another 27 acres of riparian nutrient offset (Figure 2) A conservation easement will be recorded around the restoration areas within the overall Bank Parcel The remaining I 1 5 acres will not be subject to the proposed conservation easement The proposed Bank Parcel is located within the Neuse River Basin (8 digit USGS HUC 03020201) with stormwater runoff from this site draining into an unnamed tributary of Thunder Swamp (Stream Index #27 54 5 1) According to the N C Division of Water Quality Basinwide Information Management System (BIMS), Thunder Swamp is classified as C NSW in this location The C classification is for 'waters protected for uses such as secondary recreation fishing wildlife, fish consumption, aquatic life including propagation, survival and maintenance of biological Integrity, and agriculture' while the NSW designation is for `Nutrient Sensitive Waters' The purpose of this Bank Parcel is to Improve water quality within the Neuse River watershed by providing off site mitigation for development (both existing and proposed) requiring stream buffer mitigation and nutrient offset credits The proposed Bank Parcel Service Area is show in Figure 3 This Bank Parcel shall be established under the terms and conditions of the EBX Neuse Riparian Buffer Umbrella Mitigation Bank (Bank) made and entered into by EBX Neuse I LLC (EBX), acting as the Bank Sponsor and the North Carolina Department of Environment and Natural Resources Division of Water Quality (DWQ) and was entered into by the parties on November 10, 2008 2 0 Project Area - Existing Conditions 21 Geologic & Soil Characteristics Based upon review of the United States Geological Survey (USGS) Mt Olive, North Carolina Quadrangle the proposed Bank Parcel is located in the headwaters of Thunder Swamp with elevations ranging from f 150 feet to f 167 feet Topographic relief and surface drainage is generally northeast (Figure 4) The Bank Parcel is located within the Inner Coastal Plain Physiographic Province of North Carolina, specifically within the Southeastern Plains Rolling Coastal Plain ecoregion A review of the Ecoreaions of North Carolina and South Carolina (Griffith et al, 2002) shows the geology in the area is comprised of cretaceous or tertiary age sands silts and clays with soils generally better drained than the Middle Coastal Plain The Soil Survey � f Wayne County, North Carolina (Soil Conservation Service 1974) lists the soils within the property as generally from the Rains Torhunta Liddell association As stated in the soil survey, these soils can be generally classified as "poorly drained to very poorly drained nearly level soils that have a friable and very friable sandy clay loam to sandy loam subsoil' The specific soils within the protect area (Figure 5) are shown below in Table 1 [aEcoEngineering Admamof7be John ILMcAdoo Company Inc Smith Chapel Bank Parcel USGS HUC 03020201 Bank Parcel Development Package Wayne County North Carolina March 2012 Table 1 Mapped Soils within the Smith Chanel Bank Parcel Sod Type Hydrologic Soil Group General Description The Aycock series consists of well drained nearly Aycock level to gently sloping soils on broad, smooth slightly (AyA) HSG B convex divides They formed Coastal Plain sediments The seasonal high water table remains below a depth of 5 feet 2 2 Vegetative Communities The riparian zones proposed for restoration are currently planted in agriculture row crops of sweet potatoes up to the stream banks, and throughout The forested area directly adjacent to the proposed restoration area is a pine and shrub /scrub community, typical of the current vegetative communities in this region which were likely relic Mesic Pine Flatwoods Tree species in this area include loblolly pine (Pinus taeda) various oak species (Quercus spp ), tulip poplar (Liriodendron tulipifera) American holly (Ilex opaca) red maple (Acer rubrum), and sweet gum (Liquidambar styraciflua) Groundcover and secondary canopy layer species consist of common greenbriar (Smilax rotundifoha), giant cane (Arundinaria gigantea), sweet pepperbush (Clethera almfolia) Virginia creeper (Parthenocissus quinquefoha), American holly (Ilex opaca) red cedar (Juniperus virginiana) various viburnum species (Viburnum spp ) Christmas fern (Polystichium acrostichoides), and netted chain fern (Woodwardia aerolata) The remaining 10 percent of subject property can be characterized as a maintained/disturbed land which consists of areas that have had previous human disturbances (i a recent clearing along [aEcoEngineering Adrvrsmn Mae John R McAdams Company Inc The Bibb series consists of poorly drained nearly level Bibb HSG C soils on floodplains These soils formed in recent (Bb) alluvium The seasonal high water table is at the surface The Goldsboro series consists of moderately well Goldsboro HSG B drained nearly level soils on smooth broad divides (Go) They formed Coastal Plain sediments The seasonal high water table remains at a depth of roupahlj Z 5 feet The Lynchurg series consists of somewhat poorly Lynchburg drained nearly level soils on broad smooth flats on (Ly) HSG C tnterstream divides They formed Coastal Plain sediments The seasonal high water table remains at a _ _depth of rouahl� 5 feet _ ___ The Myatt series consists of poorly drained nearly Myatt level soils on broad smooth flats and in shallow (My) HSG D depressions on the uplands and terraces These soils formed in Coastal Plain and stream sediments The seasonal hi&h water table is at the surface _ __ _ The Norfolk series consists of well drained nearly Norfolk level to gently sloping soils on broad smooth slightly (NoA / NoB) HSG B convex divides They formed Coastal Plain sediments The seasonal high water table remains below a depth of 5 feet The Rains series consists of poorly drained nearly Rains level soils on broad smooth flats on interstream areas (Ra) HSG B/D and in oval depressions These soils formed in Coastal Plain sediments The seasonal high water table is at the surface 2 2 Vegetative Communities The riparian zones proposed for restoration are currently planted in agriculture row crops of sweet potatoes up to the stream banks, and throughout The forested area directly adjacent to the proposed restoration area is a pine and shrub /scrub community, typical of the current vegetative communities in this region which were likely relic Mesic Pine Flatwoods Tree species in this area include loblolly pine (Pinus taeda) various oak species (Quercus spp ), tulip poplar (Liriodendron tulipifera) American holly (Ilex opaca) red maple (Acer rubrum), and sweet gum (Liquidambar styraciflua) Groundcover and secondary canopy layer species consist of common greenbriar (Smilax rotundifoha), giant cane (Arundinaria gigantea), sweet pepperbush (Clethera almfolia) Virginia creeper (Parthenocissus quinquefoha), American holly (Ilex opaca) red cedar (Juniperus virginiana) various viburnum species (Viburnum spp ) Christmas fern (Polystichium acrostichoides), and netted chain fern (Woodwardia aerolata) The remaining 10 percent of subject property can be characterized as a maintained/disturbed land which consists of areas that have had previous human disturbances (i a recent clearing along [aEcoEngineering Adrvrsmn Mae John R McAdams Company Inc Smith Chapel Bank Parcel USGS HUC 03020201 Bank Parcel Development Package Wayne County North Carolina March 2012 treeline) Species documented in the maintained/disturbed land areas include Japanese honeysuckle (Lomcera japonica), various lespedeza species (Lespedeza spp ) broomsedge (Andropogon virginicus) black cherry (Prunus serotina) persimmon (Diospyros virginiana) Chinese privet (Ligustrum sinesense) pokeweed (Phytolacca Americana) and blackberry (Rubus argutus) and sapling species of loblolly pine common greenbriar red maple, sweet gum, and oaks 2 3 Threatened and Endangered Species Some populations of plants and animals are declining because of natural forces or their inability to coexist with human activity Plants and animals with Threatened or Endangered status are protected under the Endangered Species Act (ESA) of 1973 (16 US 1531 et seq ) According to the U S Fish and Wildlife Service (USFWS) web page (http //www fws gov /nc es /es /countvfr html) accessed August 18 2011) there is one (1) endangered species (red cockaded woodpecker (Picoides borealis)) and nine (9) federal species of concern (American eel (Anguilla rostrata) Carolina madtom (Noturus furiosus), Pinewoods shiner (Lythrurus matutinus) Rafinesque's big eared bat (Corynorhinus rafinesquit) Southern hognose snake (Heterodon simus) Atlantic pigtoe (Fusconaia masom) Yellow lance (Ellipho lanceolata) Cuthbert turtlehead (Chelone cuthbertil!) and Pondspice (Litsea aestivalis)) potentially occurring in Wayne County The bald eagle (Haliaeeletus leucocephalus) is also listed as occurring in Wayne County and is protected under the Bald and Golden Eagle Protection Act (BGPA) (16 US 668 668d) In addition, the NC Natural Heritage Program ( NCNHP) website identifies another twenty (20) State listed species as endangered threatened significantly rare or of special concern also potentially occurring in the county A review of the NCNHP database of documented occurrences (http / /www ncnhp org/Pages/hentagedata html accessed August 18, 2011) revealed the presence of the Chicken Turtle (Deirochelys reticularia) within a two (2) mile radius of the site EcoEngineering conducted field surveys on June 23 2011 by walking transects within the Bank Parcel area The objective of the field surveys was to determine the presence of federally Threatened or Endangered species within the Bank Parcel area There were no federally Threatened or Endangered species observed during the field surveys The work inherent in restoring riparian buffers does not result in habitat destruction or modification for the above listed species Therefore it is reasonable to conclude the proposed work will have No Effect on Threatened and Endangered species 2 4 Cultural Resources A review of the N C State Historic Preservation Office (SHPO) HPOWEB GIS Service database (http //gis ncdcr gov/hpoweb/ accessed August 18 2011) was completed as part of the site due diligence According to their website HPOWEB has current locational data for all National Register listings, most Study List entries and Determinations of Eligibility, and surveyed rural properties for many counties There are no listings within the Bank Parcel However there are three (3) surveyed properties in the general vicinity of the proposed restoration project They are as follows WY0632 Thunder Swamp Church WY0634 Troutman House and WY0635 Store Please note there are no properties listed on the HPOWEB GIS service that fall under the National Register the Study List, or Determined Eligible classification near the proposed restoration protect, though there are properties shown on the National Register within a two mile radius Since there are no database entries on the subject property it is reasonable to conclude the proposed restoration project will not have an adverse impact with regards to this issue AEcoEngineering Adwmw f 7bc John a. McAdmm C many Inc Smith Chapel Bank Parcel USGS HUC 03020201 Bank Parcel Development Package Wayne County North Carolina March 2012 2 S 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 half mile radius of the Bank Parcel site A former UST (Underground Storage Tank) owned by Dekalb Genetics is listed on the LUST (Leaking Underground Storage Tank) and IMD (Incident Management Database) databases approximately 0 75 miles northwest of the Bank Parcel According to American Society for Testing and Materials (ASTM) Practice E 1527 05 leaking underground storage tanks (LUSTS) which are deemed to be an impairment to a property if they are within 0 5 miles from the subject property Gasoline product from the UST was determined to be leaking during removal and soil and groundwater contamination was detected on October 15, 1991 The UST was removed, contaminated soil excavated groundwater sampling was conducted and the incident was closed out on December 18 1991 It is believed the site is not an impairment due to the distance from the Bank Parcel topographic gradient in the opposite direction and the closed out remediation activities 2 6 FEMA Floodplain I Floodway Mapping As shown in Figure 6 this site does not contain any areas designated by the Federal Emergency Management Association (FEMA) as floodway or 100 year floodplain Therefore, no floodplain / floodway impacts are anticipated to occur as part of the restoration effort 3 0 Proposed Nutrient Offset Restoration Plan Cultivated 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 The proposed riparian planting plan will be developed by integrating the native plant species observed within the Bank Parcel area, along with selected species known to inhabit the Mesic Pine Flatwoods 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 According to the Schafale and Weakley publication " Mesic Pine Flatwoods tend to occur on relatively fertile favorable sites Most such sites were long ago cleared for agriculture In addition, these communities generally are quickly invaded by hardwoods in the absence of frequent fire They are usually one of the fastest communities to lose their distinctive character in the absence of fire So few relatively intact sites have been surveyed that much remains unknown about the natural characteristics and composition of these communities They are usually seen with a well developed hardwood understory, a dense remnant longleaf pine canopy,and little herb layer The restored riparian zone will be planted with bare root seedlings or containerized material consisting of species as outlined in Schafale and Weakley Bare root seedlings or containerized [aEcoEngineenng Adrvnsms fTheJolmR. McAdams Company Inc Smith Chapel Bank Parcel USGS HUC 03020201 Bank Parcel Development Package Wayne County North Carolina March 2012 material are anticipated to be planted in the Spring of 2012 During the following fall supplemental tree species will be planted if survival rates of previously planted seedlings are below target densities as determined in late summer and early fall (August October) The planting plan will consist of individual tree species as listed in the table below The goal is to plant 436 to 681 trees 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 small tree species list Table 2 Plant List Scientific Name Common Name _ _ Trees _ Pinus palustris � longleaf Pine w� Psnus serotma pond_pine Pinus echinata ! _ _ shortleaf pine __ Platanus occidentalis ��sycamore I _ _ tulipjoplar, yellow.poplar _ southern red oak mm�black lack oak water oak willow oak post oak black gum Ulmus americana _ _ American elm _ Small Trees Majnoha vi iraana ___ _ _ _ sweetbay magnolia Asiminna triloba pawpaw M �m Symptocus tinctoria _ _ _ _ horse sugar, sweetleaf Carpinus carohniana ironwood, American hornbeam Juniperus virginiana � eastern red cedar Ilex opaca _ _ _ American holly �� M Persea borbonia _ red b ff Sassafras albidium sassafras _ _ Cercis canadensis _ eastern redbud * Species composition may be adjusted based on local availability 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 crusgalk) annual rye grain (Secale cereale), and crimson clover (Trifohum 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 is anticipated to occur in the Spring of 2012, therefore, the riparian restoration will be monitored the following growing season, protected to be in late summer and [—EI]EcoEngineering Adtvwon fTh John McAdams Company Inc Smith Chapel Bank Parcel USGS HUC 03020201 Bank Parcel Development Package Wayne County North Carolina March 2012 early fall (August October) of 2012 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 Monitoring activities will follow the terms and conditions of the EBX Neuse Riparian Buffer Umbrella Mitigation Bank (Bank) made and entered into by EBX Neuse I, LLC (EBX), acting as the Bank Sponsor and the North Carolina Department of Environment and Natural Resources Division of Water Quality (DWQ) The Bank Parcel site will contain approximately ten (10) 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 stratum, although shrub and herbaceous species encountered may also be recorded Success criteria will be based on the survival of a minimum of 320 planted trees per acre following five years of monitoring Vegetation monitoring will occur between late summer and early fall (August 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 Neuse I LLC agrees to provide financial assurances for this Bank Parcel in accordance with the terms and conditions of the EBX Neuse Riparian Buffer Umbrella Mitigation Bank (Bank) made and entered into by EBX Neuse I LLC (EBX) acting as the Bank Sponsor, and the North Carolina Department of Environment and Natural Resources Division of Water Quality (DWQ) After completion of the restoration/construction a separate Performance/Maintenance Bond will be secured for 100% of the estimated cost to implement the monitoring and maintenance plan but not less than $100 000 00 The Performance /Maintenance Bond shall be in effect for a mimmum of five years and until DWQ has released all mitigation credits to the Bank Sponsor Upon DWQ approval, this may be lowered each year based on the adjusted cost to complete the monitoring 6 0 Neuse Riparian Buffer & Riparian Nutrient Offset Mitigation Potential The Smith Chapel Bank Parcel will provide Neuse riparian buffer and riparian nutrient mitigation credits for development impacts within the Neuse River Basin and below the Falls Lake watershed (Figure 2) A Neuse riparian buffer restoration area of 4 06 acres will be used to generate 4 06 acres of riparian buffer credits The additional 26 67 acres of riparian restoration area (i a outside of the 4 06 acres of riparian buffer) will provide riparian nutrient offset credits for nitrogen The Bank Parcel will provide approximately 60 621 443 pounds of Nitrogen Nutrient Offset Credit The exact amount of riparian nutrient offset mitigation potential (currently based on 2 273 02 lbs of nitrogen/ac of riparian restoration) will be included In the As Built Report and on the corresponding Bank Ledger Please note this Bank Parcel will function for both Neuse riparian buffer mitigation impacts and riparian nutrient offsets ©A d vas on rThe John R. McAdaw Campmy Inc Smith Chapel Bank Parcel USGS HUC 03020201 Bank Parcel Development Package Wayne County North Carolina March 2012 7 0 References Endangered Species Threatened Species Federal Species of Concern and Candidate Species Wayne County North Carolina United States Fish and Wildlife Service Updated 9 22 2010 Available at internet site http / /www fws gov /nc es/es/countyLir html Accessed August 18 2011 Environmental Data Resources Inc The EDR Radius MapTM Report with GeoCheck® Inquiry Number 3151181 Is August 19, 2011 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) Heritage Data North Carolina Natural Heritage Program Available at internet site http / /www ncnhp org/Pages/hentagedata html Accessed August 18 2011 North Carolina Historic Preservation Office HPOWEB GIS Service North Carolina Historic Preservation Office Available at internet site http //gis ncdcr gov/hpoweb/ Accessed August 18 2011 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 North Carolina Ecosystem Enhancement Program (NCEEP) 2004 Guidelines for Riparian Buffer Restoration Available at internet site http / /www nceep netnews /reports/buffers pd f 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 Agnculture Soil Conservation Service in cooperation with North Carolina Agncultural Experiment Station Soil Survey of Wayne County, North Carolina, June 1974 United States Geological Survey 7 5 Minute Topographic Map of the Mount Olive, North Carolina Ouadrangle 1977 AEcoEngineering A4bvnm fihc John RMcAAamsCompnylrc. Smith Chapel Bank Parcel USGS HUC 03020201 Bank Parcel Development Package Wayne County North Carolina March 2012 APPENDIX A Site Maps 4]EcoEngineenng A drvwon f rh Jdm R. McAdam Company Inc F0IGURE 0 - SITE LOCATION MAP 0.5 1 2 EcoEngineering Miles A division of The John R. McAdams Company, Inc. 1 inch equals 1 miles FIGURE 2 - PROPOSED RIPARIAN BUFFER & NUTRIENT OFFSET RESTORATION AREA EcoEngineering 0 200 400 800 1 inch equals 400 feet Feet A division of The John R. McAdams Company, Inc. FIGURE 3 - BANK PARCEL 0 o SERVICE AREA20 EcoEngineering MII@S A division of The John R. McAdams Company, Inc. 1 inch equals 10 miles FIGURE 4 - USGS QUAD - MT OLIVE EcoEngineering o ,,000 Z,o00 4,000 Feet A division of The John R. McAdams Company, Inc. 1 inch equals 2,000 feet FIGURE 5 - WAYNE COUNTY SOILS SURVEY EcoEngineering 0 500 1,000 2,000 Feet 1 inch equals 1,000 feet A division of The John R. McAdams Company, Inc. F0 IGURE 6 - FEMA FLOODPLAIN / FLOODWAY EXHIBIT EcoEngineering 0 500 1,000 2,000 I inch equals 1,000 feet Feet A division of The John R. McAdams Company, Inc. Smith Chapel Bank Parcel • USGS HUC 03020201 Bank Parcel Development Package • Wayne County, North Carolina • March 2012 APPENDIX B Site Photographs �EcoEngineering A dinsim of Thc Jahn R. McAdams Company, Inc. Smith Chapel Bank Parcel • USGS HUC 03020201 Bank Parcel Development Package • Wayne County, North Carolina • March 2012 Picture 1: UT 1, facing northeast toward adjacent forested area to the north. East and West side of UT planted in sweet potatoes [-FS]EcoEngineering A division nr Thc John R. McAdams Company, Inc. Smith Chapel Bank Parcel • USGS HUC 03020201 Bank Parcel Development Package • Wayne County, North Carolina • March 2012 Picture 2: UT 1, west side of UT 1 planted in sweet potatoes. Picture 3: Access Road, facing northeast toward SR 1147. UT 1 on left side of picture. FFI]EcoEngineering A division of Th, John R. %kAd— Comp -), 1— Smith Chapel Bank Parcel • USGS HUC 03020201 Bank Parcel Development Package • Wayne County, North Carolina • March 2012 Picture 4: Access Road, facing southwest. Picture 5: Facing north toward Ditch 2. Nutrient Offset Restoration Area, currently planted in sweet potatoes. [JEcoEngineering A dmsioo of M, John R. %kAdans C..r—y, Inc. Smith Chapel Bank Parcel • USGS HUC 03020201 Bank Parcel Development Package • Wayne County, North Carolina • March 2012 Picture 6: Ditch 5. facing north. Sweet Potatoes planted on both sides of restoration area. Picture 7: Ditch 2. Facing north toward confluence of UT 2 and Ditch 5. REJ EcoEngineering A di ision of The John R. McAdamv Company, Inc. Smith Chapel Bank Parcel • USGS HUC 03020201 Bank Parcel Development Package • Wayne County, North Carolina • March 2012 Pic 8: Ditch 3, facing, southwest toward access road. Picture 9: Confluence of Ditches 2, 3, and 5. Facing north. [AEcoEngineering A division of The John R. McAdams Company, Inc. Smith Chapel Bank Parcel • USGS HUC 03020201 Bank Parcel Development Package • Wayne County, North Carolina • March 2012 Picture 10: Headwaters of UT 2. facing northeast. Both side of restoration area planted in sweet potatoes. Picture 11: Headwaters of UT 2. facing northeast. Both side of restoration area planted in sweet potatoes. FEB]EcoEngineering A division o(The John R. McAdams Company, Inc. Smith Chapel Bank Parcel • USGS I IUC 03020201 Bank Parcel Development Package • Wayne County, North Carolina • March 2012 Picture 12: Confluence of Ditch 3 & 4. Facing north. Picture 13: Ditch 3. Facing southwest. [JEcoEngineering A division of The John R. McAdams Company. Inc. Smith Chapel Bank Parcel • USGS HUC 03020201 Bank Parcel Development Package • Wayne County, North Carolina a March 2012 Picture 14: From rear property boundary. Facing northeast toward Ditches and Headwaters of UT 2. Picture 15: Access Road, from western property boundary. Facing back toward SR 1147. aEcoEngineering A divivon of TJx John R. McAdam. Company, Inc. Smith Chapel Bank Parcel • USGS HUC 03020201 Bank Parcel Development Package • Wayne County, North Carolina a March 2012 Picture 16: Facing southeast, Ditch 3 coming in off property. Picture 17: Access Road. Facing west. Ditch 3 is on the right side of photo. FJ]EcoEngineering A dnw- of Thc John R. McAdams Company, Inc.