HomeMy WebLinkAbout20081235 Ver 1_Mitigation Plans_20120501C 8 -1 a35
BRICE CREEK
WETLAND MITIGATION BANK
Craven County, North Carolina
MITIGATION PLAN
Sponsor
Weyerhaeuser NR Company
Prepared For
U S Army Corps of Engineers Wilmington District
and
Inter - Agency Review Team (IRT)
I.12@ pm wo
Prepared By
LMG
LAND MANAGEMENT GROUP c
Environmental Consultants
P O Box 2522
Wilmington NC 28402
www lmgroup net
April 2012
MAY 1 2012
I—III
IN REPLY REFER TO
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT CORPS OF ENGINEERS
Washington Regulatory Field Office
2407 W 5w Street
Washington North Carohna 27889
April 26 2012
ORM ID SAW -2012 00645 / Mitigation Bank Instrument Review — Brice Creek Wetland
Mitigation Bank
SEE DISTRIBUTION
Dear Colleagues
This correspondence is in reference to the Brice Creek Wetland Mitigation Bank that the
Weyerhaeuser NR Company is developing on property located south of U S Highway 70 and
east of Catfish Lake Road (N 34 945192 / W 76 968006) between New Bern and Havelock, in
the community of Croatan in Craven County, North Carolina The purpose of this letter is to
provide you with a copy of the document entitled Brace Creek Wetland Mitigation Bank, dated
April 2012, and to request your review and comment on this document
Pursuant to 33 CFR Part 332 8(d), please review the attached document and provide me with
your comments by May 29, 2012
Thank you for your time and cooperation The Wilmington District is committed to providing
the highest level of support to the public To help us ensure we continue to do so please
complete the Customer Satisfaction Survey located at our websrte at
http / /regulatory usacesurvey com/ If you have any questions, please contact me at the
Washington Regulatory Field Office, telephone (910) 2514564
Enclosure
Sincerely,
W 1 041
Raleigh W Bland P W S
Regulatory Project Manager
DISTRIBUTION (with enclosure)
Mr Jeffrey Garnett
Wetlands and Marine Regulatory Section
Water Protection Division Region IV
United States Environmental Protection Agency
61 Forsyth Street S W
Atlanta, Georgia 30303
Mr Ron Sechler
National Marine Fisheries Service
Habitat Conservation Division
101 Pivers Island Road
Beaufort, North Carolina 28516
Mr Pete Benjamin
United States Fish and Wildlife Service
Ecological Services - Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636 3726
Mr Travis Wilson
North Carolina Wildlife Resources Commission
Habitat Conservation Program
1142 185 Service Road
Creedmoor, North Carolina 27522
Mr Ian McMillan
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
Mail Service Center 1650
Raleigh, North Carolina 27699 -1650
Mr Steve Sollod
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh North Carolina 27699 1638
E
Copy Furnished (without enclosure)
Mr Doug Hughes
Weyerhaeuser NR Company
211 Armstrong Road
Columbia, MS 39429
Mr Christian Preziosi
Land Management Group, Inc
Post Office Box 2522
Wilmington, North Carolina 28402
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON NORTH CAROLINA 28403 -1343
REPLY TO
ATTENITONOF April 26 2012
Regulatory Division
Action ID SAW -2010 00142
Ms Tara Disy Allden
Restoration Systems LLC
1101 Haynes Street Suite 211
Raleigh, North Carolina 27604
Dear Ms Allden
This correspondence is in reference to the Pancho Stream and Wetland Mitigation Bank you
are developing approximately 11 miles west - southwest of Goldsboro (35 33363N -78 19267W)
on North Carolina State Road 1008 in and adjacent to Kennedy Mill Branch in Wayne County,
North Carolina, within the Neuse River Basin, Hydrologic Unit Code (HUC) 03020201 The
purpose of this letter is to confirm the release of credits from this Bank upon completion the
required tasks as described in Section VII of the Mitigation Banking Instrument (MBI) for this
project
Pursuant to the Mitigation Banking Instrument (MBI) entitled Pancho Stream and Wetland
Mitigation Bank, dated March 2012, fifteen percent (15 %) of the Bank's total restoration and
enhancement credits and 100% of the preservation credits for streams and wetlands shall be
available for sale immediately upon completion of all of the following
1 Execution of tlus MBI by the Sponsor, the DE, and other agencies eligible for membership
in the IRT who choose to execute this agreement
2 Approval of the final Mitigation Plan
3 Mitigation bank site has been secured,
4 Delivery of the financial assurance described in Section IX of this MBI and
5 Recordation of the long term protection mechanism described in Section X of this MBI as
well as a title opinion covering the property acceptable to the DE
By copy of this correspondence, we confirm that you have satisfied the above requirements
and 1 394 4 stream credits and 4 59 riparian wetland credits constituting 15% of the Bank's total
restoration and enhancement credits and 100 percent of the Bank's preservation credits are now
available for sale Please confirm these totals on your mitigation bank ledger Please be
reminded that a Nationwide Permit 27 verification for this protect will be required prior to
initiation of construction activities and release of additional credits
Thank you for your time and cooperation If you have any questions please contact
me at the Washington Regulatory Field Office telephone 910 -251 4627
Sincerely,
i�a ,o
Tracey L Wheeler
Acting Chief Washington Regulatory Field Office
Copies Furnished
Jennifer Derby Cluef
'Wetlands and Marine Regulatory Section
US EPA
61 Forsyth Street SW
Atlanta Georgia 30303 -8960
Pete Benjamin
U S Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh North Carolina 27636 -3726
Mr Jeffery Garnett
Wetlands and Marine Regulatory Section
Water Protection Division — Region IV
United States Environmental Protection Agency
61 Forsyth Street SW
Atlanta, Georgia 30303
Mr John Ellis
United States Fish and Wildlife Service
Ecological Services - Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636 -3726
Mr David Cox
North Carolina Wildlife Resources Commission
1142 I -85 Service Road
Creedmoor, North Carolina 27522
Mr Ian McMillan
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
Mail Service Center 1650
Raleigh North Carolina 27699 -1650
(Version April 2012)
AGREEMENT TO ESTABLISH THE
BRICE CREEK WETLAND MITIGATION BANK
IN CRAVEN COUNTY, NORTH CAROLINA
(USACE Action ID No SAW 2008 023 10)
This Mitigation Banking Instrument (MBI) is made and entered into on the _ day of
2012 by the Weyerhaeuser NR Company hereinafter Sponsor and the U S Army
Corps of Engineers (Corps) and each of the following agencies upon its execution of this MBI
the Environmental Protection Agency (EPA) the U S Fish and Wildlife Service (FWS) the
National Marine Fisheries Service (NMFS) the North Carolina Wildlife Resources Commission
(NCWRC) the North Carolina Division of Coastal Management (NCDCM) and the North
Carolina Division of Water Quality (NCDWQ) The Corps together with the State and Federal
agencies that execute this MBI are hereinafter collectively referred to as the Interagency Review
Team (IRT)
WHEREAS the purpose of this agreement is to establish a mitigation bank (Bank) providing
compensatory mitigation for unavoidable wetland impacts separately authorized by Section 404
Clean Water Act permits and /or Section 10 of the Rivers and Harbors Act permits in appropriate
circumstances
WHEREAS the Sponsor is the record owner of that certain parcel of land containing
approximately 636 acres located in Craven County North Carolina described in the Brice Creek
Wetland Mitigation Bank Mitigation Plan (April 2012 Mitigation Plan — Appendix A) and as
shown on the attached survey (Appendix B)
WHEREAS the agencies comprising the IRT agree that the site totaling 636 acres (Appendix
A) is a suitable mitigation bank site and that implementation of the Mitigation Plan is likely to
result in net gains in wetland and/or stream functions at the Bank site and have therefore
approved the Mitigation Plan
THEREFORE, it is mutually agreed among the parties to this agreement that the following
provisions are adopted and will be implemented upon signature of this MBI
Section I General Provisions
A The Sponsor is responsible for assuring the success of the restoration enhancement and
preservation activities at the Bank site, and for the overall operation and management of the
Bank The Sponsor assumes the legal responsibility for providing the compensatory mitigation
once a permittee secures credits from the Sponsor and the District Engineer (DE) receives
documentation that confirms the Sponsor has accepted responsibility for providing the required
compensatory mitigation
(Version April 2012)
B The goal of the Bank is to restore enhance and preserve non - riparian wetlands and their
functions to compensate in appropriate circumstances for unavoidable wetland and stream
impacts authorized by Section 404 of the Clean Water Act permits and or Section 10 of the
Rivers and Harbors Act permits in circumstances deemed appropriate by the Corps after
consultation through the permit review process with members of the IRT
C Use of credits from the Bank to offset wetland impacts authorized by Clean Water Act
permits must be in compliance with the Clean Water Act and implementing regulations
including but not limited to the 404(b)(1) Guidelines the National Environmental Policy Act
and all other applicable Federal and State legislation rules and regulations This agreement has
been drafted in accordance with the regulations for Compensatory Mitigation for Losses of
Aquatic Resources effective June 9 2008 (33 CFR Parts 325 and 332) ( Mitigation Rule )
D The IRT shall be chaired by the DE of the U S Army Corps of Engineers, Wilmington
District The IRT shall review documentation for the establishment of mitigation banks The
IRT will also advise the DE in assessing monitoring reports recommending remedial measures
approving credit releases and approving modifications to this instrument The IRT s role and
responsibilities are more fully set forth in Sections 332 8 of the Mitigation Rule The IRT will
work to reach consensus on its actions
E The DE after consultation with the appropriate Federal and State review agencies through the
permit review process shall make final decisions concerning the amount and type of
compensatory mitigation to be required for unavoidable, permitted wetland impacts and whether
or not the use of credits from the Bank is appropriate to offset those impacts In the case of
permit applications and compensatory mitigation required solely under the Section 401 Water
Quality Certification rules of North Carolina the N C Division of Water Quality (NCDWQ) will
determine the amount of credits that can be withdrawn from the Bank
F The parties to this agreement understand that a watershed approach to establish compensatory
mitigation must be used to the extent appropriate and practicable Where practicable in kind
compensatory mitigation is preferred
Section II Geographic Service Area
The Geographic Service Area (GSA) is the designated area within which the bank is authorized
to provide compensatory mitigation required by DA permits The GSA for this Bank shall
include the Lower Neuse River Basin, Hydrologic Unit 03020204 and a subset of the White Oak
River Basin Hydrologic Unit 03020106 ( Bogue Core Sounds Unit) in North Carolina (refer to
Appendix C) Note that Table 1 provides a list of the 14 digit Hydrologic Unit Codes (HUCs) of
the Bogue Core Sounds Unit in which the Bank is authorized to provide compensatory
mitigation As noted below the Bank may also provide compensatory mitigation for projects
occurring outside of the GSA upon approval by the Corps
(Version April 2012)
The service area is based on the location and scope of the project which will generate tangible
water quality and habitat benefits within the Lower Neuse River and White Oak River Basins
through the cessation of silvicultural land use activities and the restoration of headwater wetland
ecosystems Use of the Bank site to compensate for impacts beyond the GSA may be considered
by the Corps or the permitting agency on a case by case basis
Table 1 List of 14 -Digit RUC's of the Bogue -Core Sounds Unit within the GSA
14 Digit HUCs White Oak
03020106010040
03020106010020
03020106010060
03020106010050
03020106040010
03020106030040
03020106030020
03020106030030
03020106030010
03020106020020
Section III Mihaation Plan
Any Mitigation Plan submitted pursuant to this agreement must contain the information
listed in 332 4(c)(2) through (14) of the Compensatory Mitigation Rule
A The Bank site is a currently managed for silvicultural production A more detailed
description of the baseline conditions on the site is contained in the Mitigation Plan
B The Sponsor will perform work described in Section V of the Mitigation Plan including
restoration of 473 acres (ac ) non riparian wetlands A total of 163 ac of non riparian wetland
enhancement will also be included in the Bank The work associated with the Bank will include
backfilling of existing ditches removal of existing soil roads and planting of native hardwood
seedlings
The purpose of this work and the objective of the Bank is to restore and enhance the wetlands
associated with the headwaters of several tributaries of the Lower Neuse River Development of
the Bank will reduce nutrient inputs stormwater discharge and flow velocities in a watershed
that is experiencing rapid development
3
(Version April 2012)
C The Sponsors shall monitor the Bank Site as described in Section VII of the Mitigation Plan
until such time as the IRT determines that the success criteria described in Section VII of the
Mitigation Plan have been met
D The members of the IRT will be allowed reasonable access to the Property for the purposes
of inspection of the Property and compliance monitoring of the Mitigation Plan
Section IV Reporting
A The Sponsor shall submit to the DE for distribution to each member of the IRT an annual
report describing the current condition of the Bank and the condition of the Bank in relation to
the success criteria in the Mitigation Plan The Sponsor shall provide to the DE any monitoring
reports described in Section VII of the Mitigation Plan
B The Sponsor shall provide ledger reports documenting credit transactions as described in
Section VIII of this MBI
C Each time an approved credit transaction occurs the Sponsor must notify the DE within 30
days of the transaction
Section V Remedial Action
A The DE shall review the monitoring reports, and may at any time after consultation with the
Sponsor and the IRT direct the Sponsor to take remedial action at the Bank site Remedial
action required by the DE shall be designed to achieve the success criteria specified in the
Mitigation Plan All remedial actions required under this section shall include a work schedule
and monitoring criteria that will take into account physical and climactic conditions
B The Sponsor shall implement any remedial measures required pursuant to the above
C In the event the Sponsor determines that remedial action may be necessary to achieve the
required success criteria it shall provide notice of such proposed remedial action to all members
of the IRT No remedial actions shall be taken without the concurrence of the DE in
consultation with the IRT
Section VI Use of Mitigation Credits
Description of Wetland Community Types
A Wetland community types found in a mitigation bank will be described in accordance with the
procedures found in the NC Wetland Assessment Method (NC WAM USACE 2007) It is
expected that impacts to the NC WAM types listed below will be compensated by the Mitigation
(Version April 2012)
Types as listed in order to qualify as In Kind mitigation Exceptions to the use of In Kind
mitigation may be allowed at the discretion of the permitting agencies on a case by case basis
Tahin 7 Watl and Cnmmnnity TynPs
Mitigation Type
NCWAM Type
Credits
Non Ripanan Wetland Restoration
CAMA Coastal Wetland
Salt/Brackish Marsh*
Ripanan (Rivenne)
Rivenne Swamp Forest/Non Tidal Freshwater Marsh Tidal
Freshwater Marsh
Ripanan (Non Rivenne)
Bottomland Hardwood Forest Headwater Wetland Flood -
Plain Pool Mountain Bog*
Non Riparian
Non Rivenne Swamp Forest Seep, Small Basin Wetland,
Pocosins, Estuarine Woody Pine Flat Pine Savannah
Hardwood Flat
*Note that these wetland types only occur in select HUL S of Norm Laroima
Tahla 2 1Vivt�na *inn Txmac and (lnanfifipc larrPSl
Mitigation Type
Acreage
Credits
Non Ripanan Wetland Restoration
473
473
Non Ripanan Wetland Enhancement
163
815 (re)
TOTAL
636
5545
re= restoration equivalent credit
B It is anticipated by the parties that in most cases in which the DE after consultation with the
IRT has determined that mitigation credits from the Bank may be used to offset wetland impacts
authorized by Section 404 permits and /or Section 10 permits that the Restoration Equivalents as
enumerated above constitute credits that are considered to be equal to restoration credits for the
purposes of compensatory mitigation Therefore the use of Restoration credits or Restoration
Equivalents credits or any combination thereof is acceptable to the DE for any permit
requirement so long as the required amount of credits are debited for a given mitigation
requirements It is also understood that in order to satisfy mitigation requirements imposed by
the NC Division of Water Quality, restoration impact amounts must be at a minimum of 1 1 such
that for every one acre of impact at least one acre of mitigation must be in the form of
restoration Additionally, decisions regarding stream mitigation will be made consistent with
current policy and guidance and will be made on a case by case basis Wetland and stream
compensation ratios are determined by the DE on a case by case basis based on considerations of
functions of the wetlands and /or streams impacted the seventy of the wetland and /or stream
impacts the relative age of the mitigation site whether the compensatory mitigation is in kind
and the physical proximity of the wetland and/or stream impacts to the Bank site
5
(Version April 2012)
C Notwithstanding the above, all decisions concerning the appropriateness of using credits from
the Bank to offset impacts to waters and wetlands as well as all decisions concerning the amount
and type of such credits to be used to offset wetland and water impacts authorized by Department
of the Army permits shall be made by the DE pursuant to Section 404 of the Clean Water Act
and implementing regulations and guidance after notice of any proposed use of the Bank to the
members of the IRT and consultation with the members of the IRT concerning such use Notice
to and consultation with the members of the IRT shall be through the permit review process
Section VII Credit Release Schedule
All credit releases must be approved by the DE in consultation with the IRT, based on a
determination that required success criteria have been achieved
A Credit Release Schedule for Forested Wetlands If deemed appropriate by the IRT fifteen
percent (15 %) of the Bank s total restoration credits shall be available for sale immediately upon
completion of all of the following
1 Execution of this MBI by the Sponsor the DE, and other agencies eligible for membership
in the IRT who choose to execute tlus agreement
2 Approval of the final Mitigation Plan
3 Mitigation bank site has been secured
4 Delivery of the financial assurance described in Section IX of this MBI and
5 Recordation of the long term protection mechanism described in Section X of this MBI as
well as a title opinion covering the property acceptable to the DE
The Sponsor must complete the initial physical and biological improvements to the Bank site
pursuant to the Mitigation Plan no later than the first full growing season following initial
debiting of the Bank Subject to the Sponsor s continued satisfactory completion of all required
success criteria and monitoring additional restoration mitigation credits will be available for sale
by the Sponsor on the following schedule
1 15 % upon completion of all initial physical and biological improvements made pursuant
to the Mitigation Plan (total 30 %)
2 10% after first year if interim success measures are met (total 40 %)
3 10% after second year if interim success measures are met (total 50 %),
4 10% after third year if interim success measures are met (total 60 %)
5 10% after fourth year if interim success measures are met (total 70 %)
6 10% after fifth year if Success Criteria are met (total 80 %)
7 10% after sixth year if vegetative Success Criteria are met (90 %) and
8 10% after seventh year if vegetative Success Criteria are met (100 %)
C:
(Version April 2012)
Provided that all Success Critena are met the IRT may allow the Sponsor to discontinue
hydrologic monitoring after the fifth year The Sponsor will be required to monitor vegetation
for an additional two years after the fifth year for a total of seven years
Table 4 Credit Release Schedule for Wetlands
Section VIII Accounting Procedures
A The Sponsor shall develop accounting procedures acceptable to the IRT for maintaining
accurate records of debits made from the Bank Such procedures shall include the generation of
a ledger by the Sponsor showing credits used at the time they are debited from the Bank All
ledger reports shall identify credits debited and remaining by type of credit and shall include for
each reported debit the Corps ORM ID number for the permit for which the credits were utilized
and the permitted impacts for each resource type Each time an approved credit transaction
occurs the Sponsor must notify the DE within 30 days of the transaction
B The Sponsor shall prepare an annual ledger report on each anniversary of the date of
execution of this agreement showing all credits used any changes in credit availability (e g ,
additional credits released credit sales suspended) and the beginning and ending balance of
credits remaining The Sponsor shall submit the annual report to the DE for distribution to each
Percentage of Wetland
Cumulative
Task
Projected
Credits Released (%
Credits
Credits
Completion Date
cumulative)
Released
Released
10 Signing of the MBI
10/1/12
15 (15)
832
83 2
Recordation of Conservation
Easement Deed Delivery of
Financial Assurances
2 0 Completion of Physical and
10/2013
15 (30)
83 1
1663
Biological Improvements
3 0 Year 1 Fulfill Success
1/2014
10 (40)
555
2218
Criteria
4 0 Year 2 Fulfill Success
1/2015
10 (50)
554
2772
Criteria
5 0 Year 3 Fulfill Success
1/2016
10 (60)
555
3327
Criteria
6 0 Year 4 Fulfill Success
1/2017
10 (70)
554
388 1
Criteria
7 0 Year 5 Fulfill Success
1/2018
10 (80)
555
4436
Criteria
8 0 Year 6 Fulfill Success
1/2019
10 (90)
554
499
Criteria
9 0 Year 7 Fulfill Success
1/2020
10 (100)
555
5545
Criteria
TOTAL
100%
5545
Section VIII Accounting Procedures
A The Sponsor shall develop accounting procedures acceptable to the IRT for maintaining
accurate records of debits made from the Bank Such procedures shall include the generation of
a ledger by the Sponsor showing credits used at the time they are debited from the Bank All
ledger reports shall identify credits debited and remaining by type of credit and shall include for
each reported debit the Corps ORM ID number for the permit for which the credits were utilized
and the permitted impacts for each resource type Each time an approved credit transaction
occurs the Sponsor must notify the DE within 30 days of the transaction
B The Sponsor shall prepare an annual ledger report on each anniversary of the date of
execution of this agreement showing all credits used any changes in credit availability (e g ,
additional credits released credit sales suspended) and the beginning and ending balance of
credits remaining The Sponsor shall submit the annual report to the DE for distribution to each
(Version April 2012)
member of the IRT until such time as all of the credits have been utilized or this agreement is
otherwise terminated
Section IX Financial Assurances
A The Sponsor shall provide financial assurances in a form acceptable to the IRT sufficient to
assure completion of all mitigation work, required reporting and monitoring and any remedial
work required pursuant to this MBI These financial assurances are provided in the form of two
performance bonds A construction bond in the sum of $154 000 represents 30% of the
projected construction planting and contingency costs associated with the activities described in
the Mitigation Plan The monitoring bond in the sum of $24 750 represents 10% of the
projected monitoring costs for the seven (7) year schedule described in the Mitigation Plan
B Financial assurances shall be payable at the direction of the DE to his designee or to a
standby trust Financial assurances structured to provide funds to the Corps of Engineers in the
event of default by the Bank Sponsor are not acceptable
C A financial assurance must be in the form that ensures that the DE receives notification at
least 120 days in advance of any termination or revocation
Section X Long -Term Protection
A The North Carolina Coastal Land Trust (Land Trust), a registered 501(c)3 entity will serve
as the holder of the conservation easement (CE) for the Bank The Land Trust will maintain the
CE in perpetuity and provide for the long term stewardship of the land through annual
monitoring activities Title to the land will reside with the current owners Weyerhaeuser
Company Refer to the attached conservation easement plats for the tract (Appendix B) The CE
shall be perpetual preserve all natural areas and prohibit all use of the property inconsistent with
its use as mitigation property including any activity that would materially alter the biological
integrity or functional and educational value of wetlands or streams within the Bank site
consistent with the Mitigation Plan The purpose of the CE will be to assure that future use of
the Bank site will result in the restoration protection maintenance and enhancement of wetland
functions described in the Mitigation Plan
B The Sponsor shall deliver a title opinion acceptable to the DE covering the mitigation
property The property shall be free and clear of any encumbrances that would conflict with its
use as mitigation, including but not limited to any liens that have priority over the recorded
preservation mechanism
(Version April 2012)
C Subsequent to the recording of the CE the Sponsor may convey the Bank Site property in
fee The terms and conditions of this conveyance shall not conflict with the intent and provisions
of the CE nor shall such conveyance enlarge or modify the uses specified in the CE
The CE must contain a provision requiring 60 day advance notification to the DE before any
action is taken to void or modify the CE including transfer of title to or establishment of any
other legal claims over the project site
Section XI Lona -term Management
A The Land Trust (as identified above) will be responsible for the long term stewardship of the
conservation easement The primary objective of the long term stewardship is to ensure that the
easement terms are enforced and that the site remains in its natural state
B An endowment will be provided to the Land Trust by the Sponsor to assist with the long term
stewardship expenses of the Bank site
Section XII Default and Closure
A It is agreed to establish and /or maintain the Bank site until (1) credits have been exhausted or
banking activity is voluntarily terminated with written notice by the Sponsor provided to the DE
and other members of the IRT and (n) it has been determined and agreed upon by the DE and
IRT that the debited Bank site has satisfied all the conditions herein and in the Mitigation Plan
If the DE determines that the Bank site is not meeting performance standards or complying with
the terms of the instrument appropriate action will be taken Such actions may include but are
not limited to, suspending credit sales adaptive management, decreasing available credits
utilizing financial assurances and terminating the instrument
B Any delay or failure of Bank Sponsor shall not constitute a default hereunder if and to the
extent that such delay or failure is primarily caused by any act event or conditions beyond the
Sponsor s reasonable control and significantly adversely affects its ability to perform its
obligations hereunder including (i) acts of God lightning earthquake fire, landslide or
interference by third parties (n) condemnation or other taking by any governmental body (iii)
change in applicable law regulation rule ordinance or permit condition or the interpretation or
enforcement thereof (iv) any order judgment action or determination of any federal state or
local court administrative agency or government body or (v) the suspension or interruption of
any permit license consent authorization or approval If the performance of the Bank Sponsor
is affected by any such event Bank Sponsor shall give written notice thereof to the IRT as soon
as is reasonably practicable If such event occurs before the final availability of all credits for
sale, the Sponsor shall take remedial action to restore the property to its condition prior to such
event in a manner sufficient to provide adequate mitigation to cover credits that were sold prior
to such delay or failure to compensate for impacts to waters including wetlands authorized by
9
(Version April 2012)
Department of the Army permits Such remedial action shall be taken by the Sponsor only to the
extent necessary and appropriate as determined by the IRT
C At the end of the monitoring period upon satisfaction of the performance standards the
Sponsor may submit a request to close out the Bank site to the DE The DE in consultation with
the IRT shall use best efforts to review and comment on the request within 60 days of such
submittal If the DE determines the Sponsor has achieved the performance standards in
accordance with the mitigation plan and all obligations under this MBI the DE shall issue a
close out letter to the Sponsor
Section XIII Miscellaneous
A Any agency participant may terminate its participation in the IRT with notice in writing to all
other parties to this agreement Termination shall be effective seven (7) days from placing
written notices in the United States mail Member withdrawal shall not affect any prior sale of
credits and all remaining parties shall continue to implement and enforce the terms of this MBI
B Modification of this MBI shall be in accordance with the procedures set forth in 332 8 of the
mitigation rule
C No third party shall be deemed a beneficiary hereof and no one except the signatories hereof
their successors and assigns shall be entitled to seek enforcement hereof
D This MBI constitutes the entire agreement between the parties concerning the subject matter
hereof and supersedes all prior agreements or undertakings
E In the event any one or more of the provisions contained in this MBI are held to be invalid,
illegal or unenforceable in any respect such invalidity illegality or unenforceablility will not
affect any other provisions hereof and this MBI shall be construed as if such invalid illegal or
unenforceable provision had not been contained herein
F This MBI shall be governed by and construed in accordance with the laws of North Carolina
and the United States as appropriate
G This MBI may be executed by the parties in any combination in one or more counterparts
all of which together shall constitute but one and the same instrument
H The terms and conditions of this MBI shall be binding upon and inure to the benefit of the
parties hereto and their respective successors
I All notices and required reports shall be sent by regular mail to each of the parties at their
respective addresses provided below
10
(Version April 2012)
Sponsor
Mr Doug Hughes
Weyerhaeuser NR Company
211 Armstrong Road
Columbia MS 39429
Corps
Mr Raleigh Bland
U S Army Corps of Engineers
Regulatory Division
2407 West Fifth Street
Washington NC 27889
EPA
Ms Jennifer Derby
Wetlands Section Region IV
Water Management Division
U S Environmental Protection Agency
61 Forsyth Street SW
Atlanta Georgia 30303
FWS
Mr Pete Benjamin
U S Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh North Carolina 27636 3726
NMFS
Mr Ron Sechler
National Marine Fisheries NOAA
Habitat Conservation Division
Pivers Island
Beaufort North Carolina 28516
NCWRC
Mr Travis Wilson
North Carolina Wildlife Resources Commission
127 Cardinal Drive Extension
Wilmington NC 28405
11
(Version April 2012)
NCDCM
Mr Steve Sollod
North Carolina Division of Coastal Management
127 Cardinal Drive Extension
Wilmington NC 28405
NCDWQ
Ms Cyndi Karoly
NC Division of Water Quality
North Carolina Department of Environment and Natural Resources
Post Office Box 29535
Raleigh NC 27626 0535
12
(Version April 2012)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement To Establish The Brice Creek Wetland Mitigation Bank in Craven County,
North Carolina"
Sponsor
itz
U S Army Corps of Engineers
Date
By Date
13
(Version April 2012)
IN WITNESS WHEREOF the parties hereto have executed this Agreement entitled
"Agreement To Establish The Brice Creek Wetland Mitigation Bank in Craven County,
North Carolina"
U S Environmental Protection Agency
By
Date
U S Fish and Wildlife Service
By
Date
National Marine Fisheries Service
By
Date
N C Division of Water Quality
By
Date
N C Wildlife Resources Commission
By
Date
N C Division of Coastal Management
By Date
14
(Version April 2012)
List of Appendices
Appendix A Brice Creek Wetland Mitigation Bank - Final Mitigation Plan
Appendix B Conservation Easement Plats and Legal Descriptions
Appendix C Map — Geographic Service Area
Appendix D Construction Costs
Appendix E Maintenance and Monitoring Costs
Appendix F Performance Bonds
Appendix G Conservation Easement Deed
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TABLE OF CONTENTS Y 1 20121
EXECUTIVE SUMMARY
I INTRODUCTION
A Protect Overview
B Site Location
II WATERSHED CHARACTERIZATION
III MIGITATION GOALS
IV SITE DESCRIPTION
A Community Types
B Vegetation
C Sod Characteristics
D Hydrology /Hydraulic Characteristics
E Threatened and Endangered Species
F Cultural Resources
V RESTORATION PLAN
A Non Riparian Wetland Restoration
B Non Riparian Wetland Enhancement
VI BANK OPERATION
A Bank Credit Determination and Use
B Bank Sponsor
C Bank Implementation and Schedule
D Geographic Service Area
VII POST CONSTRUCTION MONITORING AND MANAGEMENT
A Non Riparian Wetland Restoration Success Criteria
B Non Riparian Wetland Enhancement Success Criteria
VIII SITE MANAGEMENT
A Adaptive Management
B Long term Management
IX CONCLUSION
X SOURCES OF INFORMATION
Brice Creek Wetland Mitigation Bank (Craven County North Carolina) i
Mitigation Plan — April 2012
2
2
2
3
4
4
4
5
6
6
7
7
8
8
10
11
11
11
12
12
13
13
15
16
16
16
17
18
LIST OF FIGURES, TABLES, AND APPENDICES
Figure 1
Project Vicinity Map
Figure 2
USGS Topographic Map
Figure 3
2 LIDAR Topographic Map
Figure 4
NRCS Sod Survey Map
Figure 5
1998 Aerial Photography Map
Figure 6
Restoration Plan
Figure 7
Existing /Proposed Drainage Network
Figure 8
Grading Plan
Figure 9
Planting Plan
Figure 10
Geographic Service Area Map
Table 1 Planting Plan
Table 2 Credit Types and Amounts
Appendix A Ecoregion Map
Appendix B Sod Boring Logs
Appendix C Wetland Delineation Report and Jurisdictional Determination
Brice Creek Wetland Mitigation Bank (Craven County North Carolina)
Mitigation Plan — April 2012
EXECUTIVE SUMMARY
On behalf of Weyerhaeuser NR Company Inc (Sponsor) Land Management Group Inc (LMG) is
submitting the following comprehensive Mitigation Plan for the proposed Brice Creek Wetland Mitigation
Bank located in Craven County North Carolina The proposed Bank will provide up to 636 acres of non
riparian wetland restoration and enhancement within the headwaters of the Lower Neuse River The tract
has been managed for sdvicultural production since the 1970 s and contains an expansive drainage network
that has significantly altered and /or removed the characteristic wetland hydrology The resultant condition
has been the historic conversion of a diverse assemblage of forested wetland communities to an intensively
managed monoculture pine plantation
Restoration efforts will include the re establishment of characteristic wetland hydrology via the installation of
ditch plugs throughout the existing drainage network and the planting of characteristic wetland vegetation
By doing so both hardwood flat and non rivenne swamp forest wetland communities will be restored and
enhanced Anticipated functions and values resulting from the restoration project include increased nutrient
retention /transformation sediment retention floodwater storage /flood abatement and groundwater
recharge Given the scale of the restoration effort the project will provide considerable habitat benefits on a
watershed level The project offers a unique opportunity to provide additional habitat connectivity between
the protected Nation Forest lands of the Catfish Lake South Wilderness Area (an approximated 8 530 acre
preserve to the west) and the Sheep Ridge Wilderness Area (and approximate 9 297 acre preserve to the
south)
Detailed site investigations (including topographic survey sod profile descriptions and hydrologic analyses)
have been completed on the site The following Mitigation Plan provides information related to existing site
conditions watershed characteristics proposed restoration activities monitoring criteria and long term site
management and protection Specific information related to bank operation (including credit generation
ledger management and financial assurances) is included within the Mitigation Banking Instrument (MBI)
(submitted in conjunction with the Mitigation Plan)
Brice Creek Wetland Mitigation Bank (Craven County North Carolina)
Mitigation Plan — April 2012
INTRODUCTION
A Proiect Overview
The proposed mitigation bank site (approximately 645 acres) consists predominantly of former headwater
wetlands that drain to Great Branch (a first order tributary of the Trent River) Tucker Creek (a first order
tributary of the Neuse River) and the East Prong (a first order tributary of the Trent River) Non riparian
wetlands have been historically ditched and managed on the tract for sdvicultural production A network of
drainage ditches on the tract serves to lower groundwater tables and intercept surface water Flow is
diverted into the East Prong that drains to Brice Creek and subsequently into the Trent and Neuse Rivers
Based upon detailed site investigations approximately 636 acres of non riparian wetlands can be restored
and enhanced on the site
The site consists entirely of hydnc sods characteristic of broad interstream flats of the outer Coastal Plain
Representative mapped sod units include Bayboro mucky loam Pantego fine sandy loam Rains fine sandy
loam and Leaf silt loam These series are poorly drained to very poorly drained sods characteristic of non
riparian wetlands Open ditching on approximate 330 ft spacing for timber management has effectively
lowered water table levels throughout a majority of the site effectively removing wetland hydrology This is
supported by observed field indicators groundwater monitoring data and DrainMod studies In addition a
jurisdictional determination (JD) provided confirmation of the extent of drainage and resultant non
jurisdictional areas
Sod and geomorphological conditions of the tract indicate that the entire site formerly consisted of non
riparian wet hardwood flats and swamp forest communities Based upon the proposed restoration effort the
bank site will result in 554 5 non riparian wetland credits (restoration equivalent credits) Supply of these
credits to Section 404/401 applicants will be deemed as suitable mitigation to offset authorized wetland
impacts in the identified Geographic Service Area (GSA) (refer to Section VI)
B Site Location
The tract is located south of Highway 70 (between New Bern and Havelock) and dust east of Catfish Lake
Road in Craven County NC It is bordered on the south by East Prong a first order tributary of the Trent
River Refer to the enclosed site location map (Figure 1) USGS topographic quadrangle (Figure 2) LIDAR
2 foot contour data (Figure 3) and the Craven County Sod Survey map (Figure 4) for additional site
information A 1998 infra red aerial photograph of the site (Figure 5) is also enclosed for reference
Brice Creek Wetland Mitigation Bank (Craven County North Carolina) 2
Mitigation Plan — April 2012
II WATERSHED CHARACTERIZATION
The project site is located in the Lower Neuse River Basin (USGS 8 digit hydrologic unit 03020204
NCDWQ Subbasin 03 04 10) This watershed has experienced moderate growth since the 1970 s -
particularly within the more urbanized areas of Havelock and New Bern Within the subbasin land use
consists predominantly of agriculture and forestry Residential and commercial development is
concentrated near New Bern and Havelock including the Highway 70 corridor between the two cities
Runoff remains the principal cause for non point source pollution (NC DENR 2006) While large scale
agricultural and sdvicultural operations are common there are also large areas of protected lands (e g
Croatan National Forest and Light Ground Pocosin) Average population density for Craven County
increased 6% from 2000 to 2008 and is currently estimated at 97 000 people (U S Census Bureau 2009)
The surface water body classifications for Brice Creek and the Neuse River are C NSW and SC NSW
respectively Class SC waters are defined as tidal saltwater bodies protected for secondary recreation
fishing and aquatic life including propogation survival and wildlife Class C waters are defined as non tidal
freshwater bodies protected for secondary recreation fishing and aquatic life Nutrient Sensitive Waters
(NSW) are subject to growths of microscopic or macroscopic vegetation requiring limitations on nutrient
inputs (NC DWQ 2000) Best management practices (BMPs) including riparian buffer setbacks are
implemented within NSW basins to help offset or minimize nutrient loading to susceptible waters
Prior to the initiation of sdvicultural management activities the proposed restoration site consisted of mineral
headwater wetland flats typically found in interstream divide landscapes throughout the outer Coastal Plain
This type of wetland supports a number of functions /values including but not limited to the following
groundwater recharge flood water storage and attenuation filtration and storage of nutrients sediments
and/or toxic substances and refuge /feeding habitat for resident and migratory fauna At the present time
these functions have been compromised through the extensive conversion practices associated with the
silvicultural management of the site (ditching bedding clear cutting etc ) The Neuse River and its
tributaries in particular have exhibited significant water quality impairments associated with low dissolved
oxygen (DO) high total nitrogen (TN) and high total phosphorus (TP) High nutrient concentrations
originate from non point source loading associated with intensive agricultural and sdvicultural practices
common throughout the watershed These impairments are likely exacerbated by channelization of local
streams and ditching of headwater wetlands resulting in diminished nutrient uptake and nutrient/sediment
Brice Creek Wetland Mitigation Bank (Craven County North Carolina) 3
Mitigation Plan — April 2012
loading to down gradient waters Furthermore hypoxic /anoxic conditions and toxic algal blooms have
contributed to various fish kills reported in the Neuse River over the past two decades
III MITIGATION GOALS
The objective of the Brice Creek project is to provide high quality compensatory mitigation for authorized
impacts within the approved service area Prior to the anthropogemc disturbance this area likely supported
an intact wet hardwood flat ecosystem Published research has documented a diverse assemblage of
fauna associated with this ecosystem including over 67 species of birds 20 mammals and 12 amphibians
Some of these species such as the dusky salamander (Desmognathus aur►culatus) are found exclusively
within this habitat Note that current research also suggests that less than 20 000 acres of this community
type remain in the Coastal Plain of North Carolina This decline is attributed to the high value of the timber
resources and the favorable response to drainage during the conversion to farmland or silviculture
(Schafale 2008)
Given the size and location of the proposed project it is anticipated that several key wetland functions will
be restored following project implementation Wetland systems located in the headwaters of a given
watershed play an integral role in maintaining downstream water quality and provide food web support
These functions are accomplished through the attenuation of flood waters production of organic material
and retention /sequestration of pollutants and sediment The project will also provide significant refuge
habitat and connectivity to the surrounding national forest for migratory bird species and large mammals
The proposed project will serve as a general use wetland mitigation bank serving the approved service area
The purpose of the bank is to compensate for those wetland losses authorized by applicable federal and
state regulatory programs via the restoration and enhancement of approximately 636 acres of wetlands
IV SITE DESCRIPTION
A Community Types
The Brice Creek site is located within the Middle Atlantic Coastal Plain (Ecoregion 63) as defined by Griffith
et al (2002) Ecoregions of North Carolina (refer to Appendix A) This ecoregion encompasses the area
defined as the Carolina Flatwoods — a subregion occurring along nearly level poorly drained areas in the
outer Coastal Plain including the Lower Neuse River Basin and the White Oak River Basin
Brice Creek Wetland Mitigation Bank (Craven County North Carolina) 4
Mitigation Plan — April 2012
Existing vegetation throughout a majority of the tract is comprised of managed loblolly pine The natural
hardwood dominated canopy was likely removed during the initiation of sdvicultural management activities in
the early 1970 s As a result of these activities a monoculture stand of loblolly pine has been cultivated
Based upon the North Carolina Wetland Assessment Method (NC WAM) the mitigation site consists of two
wetland community types (1) Non Rivenne Hardwood Flat and (2) Non Riverine Swamp Forest While the
hardwood dominated canopy has been removed a majority of the tract retains the characteristic mineral
soils topography and drainage patterns consistent with wet hardwood communities found in an interstream
divide landscape position The hardwood flat community has been targeted for restoration throughout the
sections containing primarily mineral sods The remaining acreage (that generally consists of sods with
higher organic matter in the soil surface) has been targeted for non nverine swamp forest restoration In an
undisturbed condition the swamp forest community tends to be dominated by swamp tupelo and bald
cypress and is common throughout the outer Coastal Plain (Shafale and Weakley 1990)
B Vegetation
The predominant land use of the tract and surrounding area is sdwcultural production This assemblage is
dominated by loblolly pine (Pinus taeda) currently in different stages of stand management Understory
vegetation is comprised of wax myrtle (Morelia cenfera) red bay (Persea palustns) and American ti ti
(Cynlla racem►flora) Drained wetland areas (suitable for restoration) exhibit a mix of species indicative of
changes in hydrology Older stands contain isolated individuals of remnant wetland canopy species (such
as tulip poplar (L►ro►dendron tul►p►fera) and swamp chestnut oak (Quercus m►chaux►►) However subcanopy
species and herbaceous vegetation is indicative of drier conditions resulting from site drainage These
species include water oak (Quercus n►gra) yellow jasmine (Gels►m►um semperv►rens) horse sugar
(Symplocos finctona) bracken fern (Ptendium aqu►l►num) and dog fennel (Eupatonum capol►fohum) Few
trees characteristic of the hardwood dominated wet hardwood flat system that likely existed prior to the
initiation of sdvicultural management in the early 1970 s exist within the proposed restoration areas
Nearly all the former wetland habitat on the tract has been drained and managed for timber production At
the time of site investigations the southwestern portion of the site had been recently clear cut while
significant acreage remained planted with loblolly pine in various stages of growth Remaining wetland
areas found along the perimeter of the parcel exhibit greater densities of bay species including red bay
sweet bay (Magnolia v►rg►n►ana) and loblolly bay (Gordon►a las►anthus) Netted chain fern (Woodward►a
areolata) and cinnamon fern (Osmunda c►nnamomea) are common herbaceous species of these areas
Brice Creek Wetland Mitigation Bank (Craven County North Carolina) 5
Mitigation Plan - April 2012
C Soil Characteristics
The tract (located within the headwaters of Brice Creek and Tucker Creek) exhibits nearly level to gently
sloping topography The site and surrounding area is grouped in the Pantego Bayboro Rains Leaf general
soil unit This assemblage is characterized by nearly level very poorly drained sods that have silt and muck
surfaces and are subject to rare to frequent flooding The predominant wetland sod units occurring on the
tract are the Pantego fine sandy loam and Bayboro mucky loam sod series These sods occur on broad flats
and/or depressions and are very poorly drained (refer to Figure 4) Each of these sod units is characterized
by low chroma (black or dark brown) often mucky surfaces The Pantego series has a black fine sandy
loam surface layer to approximately 15 and is underlain by a dark gray sandy clay loam The Bayboro
series consists of organic muck to approximately 13 with grayish brown loam to approximately 17 and
underlain by grayish brown clay loam and grey clay Other wetland sod units on the tract include Rains fine
sandy loam and Leaf silt loam These are poorly to very poorly drained sods occurring in low flats and in
depressions of uplands
Detailed sod evaluations were performed by a licensed soil scientist from LMG in July 2009 The
investigations included sod profile descriptions identification of physical water and identification of soil
morphologic indicators of site drainage Bonngs were conducted in representative areas across the tract
and within each of the mapped sod units Results from these borings suggest that the overall extent of
Bayboro soils is greater than shown in the NRCS Sod Survey Bayboro sods were classified in areas
mapped as Pantego Rains and Leaf (see attached boring logs in Appendix B)
D Hydrology/Hydraulic Characteristics
The tract is located within a non nvenne headwater area that has been historically managed for timber
production In an undisturbed condition the hardwood flat wetlands tend to be seasonally saturated to
seasonally inundated while the swamp forest community is typically seasonally to semi permanently
inundated An intensive drainage network (of varying ditch size) effectively drains most of the former non
riparian wetlands occurring on the property Drained hydric sods (i a low chroma friable sods exhibiting a
relatively high percentage of uncoated sand grains) are clearly evident along either side of existing ditches
on the tract Subsidence around old growth trees and oxidation of surficial organics are also indications of
long term drainage
Several hydrologic tools were utilized to identify the effective lateral drainage effect of ditches occurring on
the property Site evaluations (including collection of data points hydrologic well monitoring and un lined
boreholes) over an extended period of review (approximately two years) in addition to drainage analysis
(e g scope and effect calculations and DramMod) have provided a body of evidence from which to
Brice Creek Wetland Mitigation Bank (Craven County North Carolina) 6
Mitigation Plan — April 2012
determine an appropriate lateral drainage effect Collectively the data indicate a 300 ft effective lateral
drainage distance for the collector ditches occurring on the property Due to the reduction in available
freeboard the lateral ditches have an estimated lateral effect of 125 ft Beyond these distances drainage
appears to be restricted
The compilation of data was used to obtain a jurisdictional determination (JD) on the property The JD
(issued on December 6 2010) confirmed the extent of jurisdictional wetlands as presented in the wetland
delineation map in Appendix C Appendix C also provides a copy of the JD and the findings of the detailed
drainage analysis
E Threatened and Endangered Species
A review of the North Carolina Natural Heritage Program database was conducted to identify rare species
known to occur within the project area The Brice Creek property is located within the Havelock USGS
topographic quadrangles The Heritage database documented three rare animal species having identified
occurrences within a one square mile area of the project site The bald eagle (Hahaeefus leucocephalus
federally protected under the Bald and Golden Eagle Protection Act) has been sited in the vicinity of the
project area with documented active nests south of the site within the Croatan National Forest The glossy
crayfish snake (Regina ng►da state listed as Significantly Rare) has documented occurrences within the
Croatan National Forest The black throated green warbler (Dendro►ca wens wayne►) has also been
documented in the vicinity of tract
An intact wet hardwood forest ecosystem in the vicinity of the bank site has also been documented by the
Natural Heritage Program This system is dominated by an assemblage of mature oaks and includes
several large tulip poplar (L►nodendron ful►p►fera) LMG staff has conducted evaluations of mapped
relatively undisturbed wet hardwood communities located adjacent to the site These areas appear to
provide suitable reference wetland habitat for monitoring of the bank site
Since all documented occurrences of these species have been in undisturbed forested areas associated
with the Croatan National Forest and outside of the project area it is anticipated that the wetland restoration
efforts will not have any adverse effects on threatened and endangered species Rather the project will
likely serve only to expand habitat suitable for refuge feeding and/or migration
F Cultural Resources
The project will not have an effect on any structures /properties eligible or listed on the National Register of
Historic Places Based upon a review of maps at the North Carolina Office of Archives and History there
Brice Creek Wetland Mitigation Bank (Craven County North Carolina) 7
Mitigation Plan - April 2012
are no known significant archaeological resources on the restoration site The project area is of relatively
low landscape position with numerous drainage canals As such the Historic Preservation Office has
determined the area to be of low probability in terms of significant archeological resources
V RESTORATION PLAN
A Non Riparian Wetland Restoration
Existing conditions throughout the site provide an opportunity for restoration and enhancement of non
riparian wetlands Based upon the collective body of information gathered (including DrainMod studies and
observed field indicators) a majority of the site (473 acres) is considered suitable for restoration Smaller
portions of the tract in which hydrology has been influenced but not to an extent to remove wetland
hydrology have been targeted for wetland enhancement Cumulatively these areas total 163 acres
(Figure 6) The remaining nine (9) acres of the site consists of an existing powerline /utility easement This
area will be excluded from any bank operations Figure 7 provides information on the existing drainage
network throughout the project area
Vegetation Restoration As part of Weyerhaeuser s timber harvest schedule much of the tract has been
recently clear cut Prior to planting of target wetland seedlings all areas will be drum chopped and a
chemical treatment will be performed to limit future competition from volunteers Based upon landscape
position and sod type two vegetative communities have been targeted for restoration (1) wet hardwood
forest and (2) swamp forest (Figure 9) The wet hardwood forest will be reestablished in the higher
landscape positions associated with the Pantego and Leaf sod series The species assemblage for this
community will include swamp chestnut oak (Quercus m►chaux►►) tulip poplar (L►nodendron tul►p►fera) willow
oak (Quercus phellos) and black gum (Nyssa sylvatica) The swamp forest community will be reestablished
in those areas consisting of mucky mineral sods or organic sods The species assemblage for this
community will include water tupelo (Nyssa b►flora) Atlantic white cedar (Chamaecypans thyo►des) and bald
cypress (Taxodium d►st►chum) Tree seedlings will be planted on approximate 9 ft to 10 ft spacings
(equivalent to a density of 435 stems /acre to 538 stems /acre) It is anticipated that other characteristic
shrub species (e g inkberry fetterbush American tits) will continue to readily volunteer into the restored
wetland areas See Table 1 for specific planting information
Brice Creek Wetland Mitigation Bank (Craven County North Carolina) 8
Mitigation Plan — April 2012
Table 1 Planting Plan for Brice Creek Wetland Restoration
Swamp Forest
232 ac
Non RI arian Wetland
Common Name
Scientific Name
/ Composition
# Planted
Swamp Tupelo
Nyssa Mora
20
23 200
Bald Cypress
Taxodium disthchum
20
23 200
Atlantic White Cedar
Chamaecypans thyoides
15
17 400
Green Ash
Fraxinus pennsylvanica
15
17 400
Tulip Poplar
Linodendron tulipifera
10
11 600
Pond Pine
Pmus serotrna
10
11 600
Red Bay
Persea palustns
10
11 600
TOTAL
116 000
Wet Hardwood Forest
404 ac
Non Riparian Wetland
Common Name
Scientific Name
/ Composition
# Planted
Swamp Chestnut Oak
Quercus michauxii
20
40 400
Willow Oak
Quercus phellos
20
40 400
Tulip Poplar
Lrnodendron tulipifera
20
40 400
Cherrybark Oak
Quercus falcata
10
20 200
Black Gum
Nyssa sylvatica
10
20 200
Ironwood
Carpmus carolmium
10
20 200
American Elm
Ulnus amencana
10
20 200
TOTAL
202 000
GRAND TOTAL
318 000
Note that planting is tentatively scheduled for early 2013 To promote the highest likelihood of success for
the seedlings the planting will be performed prior to the hydrologic restoration of the site Based upon a
January February 2013 planting schedule all earthwork will be completed by the end of the first full growing
season (i a by November 30 2013)
Hydrologic Restoration The proposed mitigation bank Includes the restoration of up to 473 acres of non
riparian wetland habitat via the backfilling and/or plugging of ditches In addition removal of a portion of the
roadbeds will allow for surface water to sheetflow along Its natural gradient A recent topographic study of
the project area determined the existing Invert elevations of each ditch and canal within the project area
This study also collected ground surface elevations throughout the tract and within adjacent parcels to
determine this risk of hydrologic trespass Based on this Information on site drainage Is directed towards
Brice Creek Wetland Mitigation Bank (Craven County North Carolina) 9
Mitigation Plan — April 2012
Great Branch in the northern section and Brice Creek in the southern section
A total of fifty eight (58) ditches have been identified and surveyed throughout the project area In order to
restore the natural hydrologic conditions throughout the site an earthen plug will be installed near the outlet
of each of these ditches (near the intersection with the main drainage canal) All plugs will be fifty (50) feet
in length and will be constructed using fine material (e g clay loam to clay) to restrict flow Larger
reinforced plugs (50 to 100 ft in length) will be installed in the collector canals These plugs will be
reinforced with filter fabric and nprap on both the up gradient and down gradient ends Final elevations of
the plugs will be set to allow for the reestablishment of characteristic wetland hydrology throughout the site
during normal rainfall conditions However plugs within collector canals will have final elevations that will
allow for emergency flows to exit the site in order minimize hydrologic trespass Existing sod roads will be
removed and disked Source material for ditch and canal plugs will be principally derived from the existing
road network Material will be consolidated to effectively impede drainage As a result portions of the
roadside ditches will remain as open water habitat pending final cut/fill volumes Note that a small all terrain
vehicle (ATV) path (approximately 8 to 10 ft wide) will be maintained for monitoring purposes See Figure
8 for more information regarding the proposed grading activities
Prior to placing fill material in any of the existing ditches a Nationwide Permit (NWP) #27 application will be
prepared and submitted to NC Division of Water Quality and US Army Corps of Engineers The NWP will
authorize the placement of backfill and plugs within those ditches identified as jurisdictional Relatively
Permanent Waters (RPWs) As total land disturbance will exceed one acre a sediment and erosion control
plan will also be filed with NC Division of Land Quality The erosion control plan will include provisions for
installation of check dams and silt fencing to prevent sedimentation of down gradient waters during
construction Site specific grading (including installation of the ditch plugs) will be initiated subsequent to
receipt of applicable state and federal authorizations As indicated above earthwork will be completed
during the latter part of the 2013 growing season to allow for the establishment of seedlings prior to
hydrologic restoration of the site
B Non Riparian Wetland Enhancement
Wetland enhancement is targeted for approximately 163 acres of the project site (Figure 6) Enhancement
areas consist of existing jurisdictional wetlands that have been affected by site drainage improvements
Since the entire site has been historically affected by block drainage (resulting drainage influences from
three directions) enhancement is proposed within all the remaining jurisdictional wetlands In an un drained
condition (pre disturbance) these wetlands are seasonally saturated to seasonally inundated (for hardwood
flats) and seasonally to semi permanently inundated (for swamp forest)
Brice Creek Wetland Mitigation Bank (Craven County North Carolina) 10
Mitigation Plan — April 2012
Uncharacteristically drier conditions are evidenced through the prevalence of facultative or drier volunteer
species (such as horse sugar devils walking stick and bracken fern) Lack of primary indicators of
hydrology is also evidence of drainage influences While these areas may meet jurisdictional criteria they
no longer exhibit characteristic hydroperiods of hardwood flat or swamp forest wetlands that would under
normal (i a undisturbed) conditions be seasonally saturated to the surface and/or flooded In addition
wetland enhancement will involve the reestablishment of characteristic wetland vegetation These areas
will be planted at the same density as the restoration areas As a result the former mono culture loblolly
pine stand will be restored to the target community types
VI BANK OPERATION
A Bank Credit Determination and Use
Use of credits from the Bank to offset wetland and stream impacts authorized by federal permits or state
water quality certifications must be in compliance with the Clean Water Act Section 404 (b)(1) guidelines
and other applicable federal and state legislation regulations and policies Prior to release of bank credits
the following requirements will be met (1) approval of the final mitigation plan and execution of the
instrument (2) recordation of the conservation easement and (3) establishment of appropriate financial
assurances Mitigation bank credits will be calculated using the following standard
Mitigation Type Ratio
(1) Wetland Restoration 11
(2) Wetland Enhancement 21
Given the identified ratios for wetland restoration and enhancement it is estimated that 554 5 non riparian
wetland credits will be derived from the establishment of the Brice Creek Wetland Mitigation Bank Credit
types and amounts are specified within Table 2 Debiting and accounting procedures for the bank credits
will be specified within the banking instrument to be executed by the Sponsor and IRT representatives
B Bank Sponsor
The Bank Sponsor Weyerhaeuser NR Company owns fee simple title to the bank property Therefore the
Sponsor has control of all ditches affecting groundwater hydrology of the site Since the restoration is
Brice Creek Wetland Mitigation Bank (Craven County North Carolina) 1 1
Mitigation Plan — April 2012
premised on re establishment of groundwater hydrology via removal of ditches all water rights necessary
for sustainabdity of the bank are secured through the fee simple ownership
Table 2 Credit Types and Amounts
Mitigation Type
Acreage
Credits
Non Riparian Wetland Restoration
473
473
Non Riparian Wetland Enhancement
163
815
Powerline Easement
9
NIA
GRAND TOTAL
645
5545
C Bank Implementation and Schedule
The Sponsor has submitted a banking instrument for review and approval by the IRT The instrument
provides detailed information regarding bank operation Prior to execution of the banking instrument the
Sponsor will secure appropriate financial assurances (in the form of performance bonds letter of credit or
similar instrument acceptable to the IRT) sufficient to assure completion of all mitigation work required
monitoring and reporting and any remedial actions necessary for site success Once the final mitigation
plan is approved and the accompanying instrument executed by members of the IRT the Sponsor will
record a conservation easement for the bank site Site work will be initiated with planting of the site during
January and February of 2013 Implementation of earthwork will be initiated subsequent to receipt of
applicable state and federal authorizations Construction will be completed by the end of the first growing
season (i a by November 30 2013) Upon completion of construction a survey of the project site will be
conducted and an as built report will be submitted (anticipated December 2013) Based upon this
schedule of events the first year of vegetation monitoring will be conducted in September 2013 and
continue until 2019 Hydrologic monitoring will begin upon completion of earthwork and will continue
through 2019 Tentative construction and planting dates are subject to change pending the timing of the
final approval of the Mitigation Plan and execution of the banking instrument
D Geographic Service Area
The Brice Creek Mitigation Bank site is located within the Middle Atlantic Coastal Plain (Ecoregion 63) as
defined by Griffith et al (2002) Ecoregions of North Carolina (refer to Appendix A) This ecoregion
encompasses the areas defined as the Carolina Flatwoods and Nonrivenne Swamps and Peatlands
These areas commonly occur along nearly level poorly drained areas in the outer Coastal Plain including
the Lower Neuse River (Hydrologic Unit Code 03020204) and the Bogue Core Sounds Unit (Hydrologic Unit
Code 03020106)
Brice Creek Wetland Mitigation Bank (Craven County North Carolina) 12
Mitigation Plan - April 2012
The Geographic Service Area (GSA) is the designated area wherein a bank can be reasonably be expected
to provide appropriate compensation for impacts to similar wetland and/or other stream or aquatic functions
The site is located in an mterstream divide between the Lower Neuse River and the Bogue Core Sounds
watershed The proposed GSA includes the 14 digit HUC s of the Lower Neuse River unit and the a subset
of the 14 digit HUCs of the Bogue Core Sounds located in close proximity to the mitigation bank site Refer
to Figure 10 for the location and extent of the proposed GSA
The restored wetlands of the Bank site will provide for the reestablishment of functions typical for non
riparian wetlands of the Coastal Plain of North Carolina These functions include (1) nutrient
removal /transformation (2) surface water storage /floodflow attenuation (3) sedimentlpollutant capture and
retention (4) groundwater discharge and recharge and (5) wildlife habitat Use of the Brice Creek Wetland
Mitigation Bank will provide for suitable replacement of functions of non riparian wetland types commonly
occurring throughout the GSA Thus permitted impacts to non riparian wetlands occurring within the GSA
will be appropriately offset via the use of the Brice Creek Wetland Mitigation Bank It should be noted that
non rivenne hardwood flats and non rivenne swamp forest wetlands occur throughout the adjoining
hydrologic units Based upon the documented presence of similarly occurring wetland habitats outside of
the designated GSA the use of the Brice Creek Wetland Mitigation Bank for compensatory mitigation of
impacts occurring beyond the defined limits of the GSA may be considered and approved provided it is
deemed preferable to other mitigation alternatives identified during Section 404/401 permitting
VII POST CONSTRUCTION MONITORING AND MANAGEMENT
A Non Riparian Wetland Restoration Success Criteria
Upon agency concurrence of the final wetland mitigation plan mitigation site activities will be initiated Staff
environmental scientists will be present during project construction to ensure that the work is consistent with
the proposed design An as built survey will be prepared to document site conditions immediately post
construction The mitigation site will be monitored annually for a period of up to seven (7) years (or until
such time deemed successful) whichever is longer to document site development over time Note that
during the development of the banking instrument the Sponsor will coordinate with the IRT for the final
accepted terms and duration of post construction performance monitoring The site will be evaluated based
upon performance criteria related to vegetative density and wetland hydrology
Brice Creek Wetland Mitigation Bank (Craven County North Carolina) 13
Mitigation Plan — April 2012
The proposed primary success criteria for the mitigation bank are
(1) Demonstrated density of planted species to meet or exceed 210 trees per acre at the end of 7
years (post planting)'
(2) The hydrologic criterion is premised on the specific community type to be restored
(a) For the non r►verme wet hardwood forest community (mineral soils) the
hydrologic cntenon will be the establishment of a static water table at or within 12 of
the soil surface for 6% of the growing season2 (equivalent to 18 days based upon a
growing season from February 1 through November 30) during penods of normal
rainfall
(b) For the non riverme swamp forest community (organic soils) the hydrologic
criterion will be the establishment of a static water table at or within 12 of the soil
surface for 10% of the growing season2 (equivalent to 30 days based upon a growing
season from February 1 through November 30) during periods of normal rainfall
Vegetation Monitoring The vegetation monitoring protocol is based upon accepted methods used for other
large scale mitigation bank sites of North Carolina Specifically 1% of the wetland restoration area will be
monitored via the establishment of permanent 010 acre plots This area includes areas currently managed
for sdvicultural resources construction corridors and removal of existing road beds Given the proposed
acreage a total of forty seven (47) plots will be established GPS coordinates for the centers of each
sampling plot will be recorded and included with the as built survey and subsequent annual monitoring
reports Dunng monitoring surviving planted individuals and volunteer individuals will be enumerated within
each plot
Hydrology Monitoring Shallow groundwater hydrology will be monitored via twenty four (24) automated
wells (RDS Inc WM 20s) located within the restoration areas Wells will be installed in accordance with
installation methods outlined in the Wetlands Regulatory Assistance Program (WRAP) Technical Note 00 02
(Sprecher 2000) Water levels will be recorded once daily Data will be downloaded from the wells every
three months (i a once quarterly) Data from well downloads will be compiled and graphically displayed to
demonstrate hydroperiods of monitored areas
1 Preferred volunteer species can be counted toward the success criteria upon evaluation of site specific conditions
and concurrence by IRT members
2 Growing season length based upon recent guidance from the USACE Wilmington District
Brice Creek Wetland Mitigation Bank (Craven County North Carolina) 14
Mitigation Plan — April 2012
Reference Sites Hydrologic monitoring will also be conducted within the reference areas located within the
Croatan National Forest (adjacent to the bank site) A total of six (6) wells will be installed prior to the
initiation of construction activities Water table data downloaded from these wells will be used to establish
baseline conditions in the event of abnormal precipitation conditions within the monitoring period Data will
also be included in the AMR to allow for additional comparative analysis
B Non Riparian Wetland Enhancement Success Criteria
A total of 163 acres of wet hardwood habitat has been targeted for wetland enhancement These areas are
located directly adjacent to those targeted for restoration in forested sections of the tract Enhancement will
be achieved via reestablishment of the characteristic groundwater hydrology Natural hydropenods have
been compromised by the presence of forestry and roadside ditches in the vicinity of these forested blocks
Upon completion of the identified earthwork (e g removal of roadbeds and plugging of outlet ditches) these
areas will exhibit hydropenods more characteristic of relatively undisturbed non nvenne hardwood flat and
non rivenne swamp forest wetlands As a result the hydrologic success criterion for these areas will be
identical to the hardwood flat and swamp forest wetland restoration portion of the project
(a) For the non riverrne wet hardwood forest community (mineral soils) the hydrologic
criterion will be the establishment of a static water table at or within 12 of the soil surface for
6% of the growing season3 (equivalent to 18 days based upon a growing season from
February 1 through November 30) during periods of normal rainfall
(b) For the non nvenne swamp forest community (organic soils) the hydrologic criterion will
be the establishment of a static water table at or within 12 of the soil surface for 10% of the
growing season3 (equivalent to 30 days based upon a growing season from February 1
through November 30) during periods of normal rainfall
In order to document the hydrologic enhancement eight (8) shallow automated wells (RDS Inc WM 20s)
will be installed within the 163 acre enhancement area These wells will be installed in accordance with
installation methods outlined in the Wetlands Regulatory Assistance Program (WRAP) Technical Note 00 02
(Sprecher 2000) Water levels will be recorded once daily Data will be downloaded from the wells every
three months (i a once quarterly) Data from well downloads will be compiled and graphically displayed to
demonstrate hydropenods of monitored areas
3 Growing season length based upon recent guidance from the USACE Wilmington District
Brice Creek Wetland Mitigation Bank (Craven County North Carolina) 15
Mitigation Plan — April 2012
VIII SITE MANAGEMENT
A Adaptive Management
The Brice Creek Mitigation Bank is planned and designed to be self sustaining over time but some active
management or maintenance may be necessary to ensure the long term sustamabdity of the mitigation
efforts The adaptive management approach involves analysis of monitoring results to identify potential
problems occurring on the site and the identification and implementation of measures to rectify those
problems Remedial actions may include but are not limited to mechanized earth work (e g adjustment to
the invert elevations of earthen plugs) or supplemental planting in the event areas do not meet vegetative
success criteria Prior to initiating any remedial actions the proposed measures will be submitted to the
USACE for review and approval
Performance and functioning of the mitigation site may be affected by various causative factors both natural
and anthropogenic Natural hazards may include invasive species and/or excessive herbivory Human
errors may include design flaws construction deviation and /or inadequate planting coverage To minimize
these potential problems the following strategies may be employed
1 If herbivory appears to be jeopardizing the survivorship of planted species discussions with
appropriate agencies will be initiated to determine an appropriate course of action
2 Beavers will be trapped from the tract if significant damage appears to be caused by beaver
activity
3 Construction errors will be identified as early as possible via the as built report If it appears
as those potential errors jeopardize the integrity of the project appropriate remedial action will
be identified and submitted to the USACE for concurrence prior to implementation
4 Planting errors in spacing density or coverage will be minimized by careful coordination with
planting crews An account of planted stems will be provided with the as built report
5 If monitoring indicated a potential design flaw remediation options will be reviewed
6 In the event groundwater monitoring wells are damaged by bears barb wire fencing and /or
other acceptable deterrents may be used to protect wells from further damage
B Long Term Management
Land use and property boundaries along with the proposed mitigation plan were designed to minimize long
term management conflicts As a result the potential for hydrologic and boundary conflicts have been
minimized The Sponsor has identified the North Carolina Coastal Land Trust (a 501 (c)3 entity) as the
Brice Creek Wetland Mitigation Bank (Craven County North Carolina) 16
Mitigation Plan — April 2012
grantee of the conservation easement deed and long term steward of the site The recorded conservation
easement deed will ensure the protection of the project in perpetuity
IX CONCLUSION
Detailed site investigations of the Brice Creek Mitigation Bank site indicate that significant acreage of
former wetland habitat has either been degraded or removed entirely via historical sdvicultural practices
(i a drainage and conversion to loblolly pine stands) Based on these investigations a total of 636 acres
are suitable for restoration and enhancement of wetlands (comprised of non nvenne wet hardwood flats
and non nvenne swamp forest wetlands) Restoration efforts throughout the 636 acre area will provide
tangible benefits to water quality and habitat in a rapidly urbanizing watershed Additional benefits will
also be realized through increases in flood water retention and groundwater recharge rates
By providing wetland restoration credits prior to authorized impacts overall disturbance and loss of
function within the watershed are minimized Furthermore the proposed hardwood forest plantings will
provide improved habitat for resident and migratory fauna The site is particularly well suited for
restoration due to the level of prior disturbance and its proximity to protected federal lands (i a Croatan
National Forest) Preservation of the Brice Creek Mitigation Bank site will provide for significant habitat
connectivity with these adjacent protected lands Overall the project has the potential to generate
ecological benefits on both a local watershed and regional level
Brice Creek Wetland Mitigation Bank (Craven County North Carolina) 17
Mitigation Plan — April 2012
X SOURCES OF INFORMATION
North Carolina Division of Water Quality 2006 Classifications and Water Quality Standards Applicable to
Surface Water and Wetlands of North Carolina Raleigh NC
North Carolina Wetland Functional Assessment Team (WFAT) 2010 N C Wetland Assessment Method
(NC WAM) User Manual Version 41 (October 2010) 127 pp
Schafale M P 2008 Nonriverine Wet Hardwood Forests in North Carolina Status and Trends NC
Natural Heritage Program Raleigh N C 15 pp
Schafale M P and A S Weakely 1990 Classification of the Natural Communities of North Carolina Third
Approximation N C Natural Heritage Program Raleigh N C
Sprecher S W (2000) Installing Monitoring Wells /Piezometers in Wetlands ERDC TN WRAP 00 02
U S Army Research and Development Center Vicksburg MS
US Census Bureau 2009 http / /www census qov/ compendia /statab /cats /population html Accessed on
October 15 2009
Brice Creek Wetland Mitigation Bank (Craven County North Carolina) 18
Mitigation Plan — April 2012
<5
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*Boundaries are approximate and are
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I ap Source: North Carolina Atlas & Gazetteer. Pg 78. 2006
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Craven County, NC
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Soils
Be Bayboro mucky loam
CrB Craven silt loam, 1 to 4 percent slopes
CT Croatan muck
GoA Goldsboro loamy fine sand, 0 to 2 percent slopes
La Leaf silt loam
Le Lenoir silt loam
Ly Lynchburg fine sandy loam
MM Masontown mucky fine sandy loam and Muckalee sandy loam, frequently flooded
NoB Norfolk loamy fine sand, 2 to 6 percent slopes
On Onslow loamy sand
Pa Pantego loam
Re Rains fine sandy loam
To Torhunta fine sandy loam *Boundaries are approximate and are
not meant to be absolute.
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Craven County, NC AI�LMG
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The boundary information contained
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Map Source: Pender County GIS.
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'lap Source: 1998 NAPP aerial photography
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Craven County, NC
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Appendix B Soil Bonng Logs
Craven 35
Wetland Mitigation Study
Detailed Soil Profile Descriptions
July 10 2009
Bonng 1 0 1%
A — 0 7 Sandy Loam granular fnable slightly sticky non plastic 10YR 3/1
Btg — 7 35 Clay weak coarse subangular blocky friable very sticky very plastic l OYR
511 with 10YR 5/8 mottles
BCg — 35 41 Sandy Clay Massive parting to weak coarse subangular blocky friable
moderately sticky moderately plastic, l OYR 7/2 with l OYR 5/8 mottles
Cg — 41 48 Sandy Loam massive friable slightly sticky non plastic l OYR 7/1 with
I OYR 5/6 mottles
Physical Water 30
Vegetation Clear Cut
Soil Series Drained Bayboro Series
NRCS Map Unit Pantego
Boring 2 0 1%
A — 0 17 Loam granular friable slightly sticky non plastic l OYR 3/1
Btg — 17 44 Clay Loam weak coarse subangular blocky friable moderately sticky
moderately plastic l OYR 511 with l OYR 5/6 mottles
BCg — 44 48 Clay Loam Massive parting to weak coarse subangular blocky
moderately sticky moderately plastic l OYR 7/2 with l OYR 5/6 mottles
Physical Water 16
Vegetation Clear Cut
Soil Series Drained Bayboro Series
NRCS Map Unit Leaf
Bonng 3 0 1%
A — 0 10 Sandy Loam granular friable slightly sticky non plastic l OYR 3/1
Btgl — 10 31 Clay weak coarse subangular blocky friable very sticky very plastic
IOYR 4/1 with l OYR 5/6 mottles
Btg2 — 31 48 Clay Loam weak coarse subangular blocky moderately sticky moderately
plastic l OYR 7/2 with l OYR 5/8 and 6/5G mottles
Physical Water 20
Vegetation Clear Cut
Soil Series Drained Bayboro Series
NRCS Map Unit Bayboro
Boring 4 0 1%
A — 0 9 Sandy Loam granular friable slightly sticky non plastic l OYR 3/1
Btgl — 9 24 Clay weak coarse subangular blocky friable very sticky very plastic l OYR
5/1
Btg2 — 24 32 Clay Loam weak coarse subangular blocky moderately sticky moderately
plastic l OYR 7/2 with IOYR 5/6 mottles
BCg — 32 48 Clay Loam Massive parting to weak coarse subangular blocky
moderately sticky moderately plastic l OYR 7/2 with l OYR 5/8 and 6/5G mottles
Physical Water NA
Vegetation Loblolly Pine Stand
Soil Series Drained Bayboro Series
NRCS Map Unit Bayboro
Boring 5 0 1%
A — 0 5 Loamy Sand granular friable non sticky non plastic 10YR 3/1
AB — 5 18 Sandy Loam granular friable slightly sticky non plastic l OYR 4/2
Btgl — 18 25 Sandy Clay Loam weak coarse subangular blocky friable slightly sticky
slightly plastic l OYR 5/1 with l OYR 5/6 mottles
Btg2 — 25 48 Clay Loam, weak coarse subangular blocky friable moderately sticky
slightly plastic l OYR 6/1 with l OYR 5/8 mottles
Physical Water 15
Vegetation Clear Cut
Soil Series Drained Rains
NRCS Map Unit Rains
Boring 6 0 1%
AB — 0 16 Sandy Loam granular friable slightly sticky non plastic l OYR 3/1
Btgl — 16 31 Sandy Clay Loam weak coarse subangular blocky friable slightly sticky
slightly plastic l OYR 5/2
Btg2 — 31 48 Clay Loam weak coarse subangular blocky friable moderately sticky
slightly plastic l OYR 6/2
Physical Water 30
Vegetation Clear Cut
Soil Series Drained Rains
NRCS Map Unit Rains
Bonng 7 0 1 %
A — 0 12 Sandy loam granular friable slightly sticky non plastic I OYR 3/1
Btgl — 12 30 Clay weak coarse subangular blocky firm very sticky very plastic l OYR
511 with 10YR 5/6 mottles
Btg2 30 48 Clay weak coarse subangular blocky firm very sticky very plastic l OYR
6/1 with IOYR 5/8 and 6/5G mottles
Physical Water 32
Vegetation Clear Cut
Soil Series Drained Bayboro
NRCS Map Unit Pantego
Boring 8 0 1%
A — 0 15 Sandy loam granular friable slightly sticky non plastic l OYR 3/1
Btgl —15 35 Clay weak coarse subangular blocky firm very sticky very plastic I0YR
5/1 with 7 5YR 5/8 mottles
Btg2 — 35 48 Sandy Clay Loam with pockets of Sandy Loam along ped faces, weak
coarse subangular blocky friable slightly sticky slightly plastic l OYR 7/1 with l OYR 5/8
and 7 5YR 5/8 mottles
Physical Water 34
Vegetation Clear Cut
Soil Series Drained Bayboro
NRCS Map Unit Pantego
Boring 9 0 1%
A — 0 11 Sandy loam granular friable slightly sticky non plastic l OYR 3/1
Btgl — 11 25 Clay weak coarse subangular blocky firm very sticky very plastic IOYR
511 with 10YR 5/6 mottles
Btg2 — 25 48 Sandy Clay weak coarse subangular blocky friable moderately sticky
moderately plastic 6/1 with l OYR 5/8 mottles
Physical Water 26
Vegetation Clear Cut
Soil Series Drained Bayboro
NRCS Map Unit Bayboro
Boring 10 0 1%
A — 0 6 Loamy Sand granular friable non sticky non plastic l OYR 3/1
Eg — 6 12 Loamy Sand granular friable non sticky non plastic l OYR 6/2 with l OYR
5/6 mottles
Btgl — 12 19 Sandy Clay Loam weak medium subangular blocky friable slightly sticky
slightly plastic 1 OYR 6/2 with l OYR 5/8 mottles
Btg2 —19 35 Clay Loam weak coarse subangular blocky friable moderately sticky
moderately plastic IOYR 7/1 with l OYR 5/8 mottles
BCg — Sandy Clay Loam Massive parting to weak coarse subangular blocky friable
moderately sticky slightly plastic l OYR 7/1 with IOYR 5/6 mottles
Physical Water 25
Vegetation Clear Cut
Soil Series Raines
NRCS Map Unit Leaf
Lao
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�& lw
Appendix C Wetland Delineation and Jurisdictional Determination
Brice Creek Wetland Mitigation Bank
Craven County, NC
Wetland Delineation — Summary of Findings
I Introduction
The following is a summary of findings for site investigations conducted on the proposed Brice Creek
Wetland Mitigation Bank site (aka Craven 35) owned by Weyerhaeuser Company The site is located south
of US Highway 70 in Craven County NC It is bordered to the south and west by a tributary of Brice Creek
Please refer to the Mitigation Plan September 2010 for more detailed site information In April 2009 Land
Management Group Inc (LMG) received an Evaluation Letter from your office authorizing the preparation
of the Banking Instrument and Mitigation Plan for the proposed project On July 8`, 2009 additional
information pertaining to the limits of jurisdictional wetlands was requested by your office LMG has
conducted site evaluations over the course of 3 years and over varying antecedent rainfall conditions The
following is a summary of the body of information that have been used to determine the limits of
jurisdictional wetlands Supporting maps data points hydrographs and DramMod results are incorporated
for reference Based on the information provided below and subsequent site review by the USACE the limits
of jurisdictional wetlands and waters have been confirmed for the bank site
H Site Conditions
A General Tract Information
Refer to the Restoration Plan for the enclosed site location map (Figure 1) USGS topographic quadrangle
(Figure 2) LIDAR 2 foot contour data (Figure 3) and the Craven County Soil Survey map (Figure 4) for
general site information A 1998 infra red aerial photograph of the site (Figure 5) is also enclosed for
reference
The proposed mitigation bank site (approximately 645 acres) consists predominantly of former headwater
wetlands that drain to Great Branch (a first order tributary of the Trent River) Tucker Creek (a first order
tributary of the Neuse River) and the East Prong (a first order tributary of the Trent River) Non riparian
wetlands have been historically ditched and managed on the tract for silvicultural production Flow is
diverted into the East Prong that drains to Brice Creek and subsequently into the Trent and Neuse Rivers
The site consists entirely of hydric soils characteristic of broad interstream flats of the outer Coastal Plain
Representative mapped soil units include Bayboro mucky loam Pantego fine sandy loam Rains fine sandy
loam and Leaf silt loam These series are poorly drained to very poorly drained soils characteristic of non
riparian wetlands of nearly level broad interstream areas Elevations of the tract range between 24 and 30 ft
above Mean Sea Level (MSL)
The site has been converted to a monoculture loblolly pine plantation As such the dominant canopy species
is loblolly pine (Pinus taeda) (currently in different stages of stand management) Understory vegetation is
comprised of wax myrtle (Mol ella cci cfei a) red bay (Pu sea palusti is) and saplings of sweet gum
(Liquidambai syti aciva) and red maple (Ater 7 ubi um) Areas influenced by site drainage consist of non
characteristic species indicative of drier conditions These include black cherry (PJ units sei otma) water oak
(Quei eus mgr a) yellow jasmine (Gelsinnum sempervu cnv) horse sugar (Svmplocos tinctoi ia) bracken fern
(Ptei idium aquilinum) and dog fennel (Eupatoi ium capillifolium)
B Ditch Network
Open ditching on approximate 330 ft spacing for timber management has significantly influenced site
hydrology The installation of ditches was initiated some time before 1974 (ditches are visible on the 1974
aerial of the county soil survey) Staff from Weyerhaeuser Timberlands Section reports that ditching of the
Craven 35 tract began in the late 1960 s or early 1970 s Please refer to Figure 2 and Figure 3 depicting the
extent of the drainage network in 1974 and 1981 respectively The drainage network (see Figure 7 of
Restoration Plan) serves to lower groundwater tables and intercept surface water The established 330 ft
pattern drainage is typically used by timber companies to effectively lower groundwater and increase the site
index for loblolly pine LMG staff collected detailed information for each of the lateral ditches and collector
canals located on the site The ditch evaluation included an assessment of the ditch geometry observed
water depth within the ditch/canal and observed indicators of Ordinary High Water Mark (OHWM) While
ditch depths and widths vary across the site the smallest ditches (3 ft deep by 4 ft wide) occur on the
northern portion of the tract Generally the lateral ditches throughout much of the property are 4 to 5 ft
deep and 6 to 8 ft wide Of the 52 lateral ditches evaluated 50 have indicators of OHWM and are thus
considered relatively permanent waters Ounsdictional RPW) OHWM indicators included deposition
shelving impression on banks and change in plant community The roadside collector canals vary in size In
general these features are 5 to 8 ft deep and 10 to 14 ft wide The collector canals exhibited indicators of
OHWM and are thus considered to be Jurisdictional RPWs With the exception of one ditch (located south of
the power line easement and west of Kickin Machine Road ) water within the laterals was less than 6 inches
during the evaluation (July 10 2009) Note that antecedent rainfall conditions for the site evaluation were
above normal using both the rolling 30 day sum and the 90 day weighted sum methods (see below) Water
depths within the collector canals ranged between 10 and 18 inches during the same site visit Refer to the
attached map (Figure 1) depicting the location of the Jurisdictional RPW s and the non Jurisdictional ditches
on the site
C Data Points
As indicated LMG has had the opportunity to evaluate the site over a range of antecedent rainfall conditions
The basis for the delineation is premised on observed field indicators as documented on the attached Wetland
Deter mination Data Foi ms (Atlantic and Gulf Coastal Plain Regions) These data points were collected in
fifteen locations across the site on January 8 May 6 and July 10 (2009) Refer to Figure 1 for a map of the
data point locations In accordance with ERDC /EL TR 08 30 rainfall of the three month period prior to the
site visits was evaluated and compared to the 30 year long term climatic data to determine if the 90 day
antecedent period was normal wet or dry Precipitation in the 90 day periods prior to January 1 May 6 and
July 10 was normal dry and wet respectively All data point locations exhibited conditions satisfying the
hydrophytic vegetation criterion (i e dominance test > 50 %) However it should be noted that the vegetative
composition tended to be dominated by FAC species (with few characteristic FACW species occurring on
the property) As indicated above the site consists entirely of hydnc soils The hydric soil criterion was met
at all data point locations through the presence of a depleted matrix (F3) and /or depleted horizon below a
dark surface (Al l) Please refer to attached data forms (Attachment A)
Many of the data point locations did not exhibit indicators of wetland hydrology even during normal
precipitation and during the time of year typically considered to be wetter (i e January) Generally
observations of the site suggest that areas located greater than 150 ft from a lateral drainage ditch tended to
exhibit wetter conditions (i e water table within 12 inches of the soil surface) This is particularly evident in
the northern portion of the tract (located north of the power line easement) Drainage in this area appears to
be more restrictive and water tables were typically higher over repeated site visits Conversely the area
south of the power line easement near the turn of Kickin Machine Road consists of slightly better drained
soils In this location both observed water tables and recorded groundwater levels (via RDS WM 40
monitoring wells) indicate drier conditions
III Groundwater Momtorina
Thirty two (32) groundwater monitoring wells were installed on site in February 2007 Wells were installed
in various areas of the tract to determine groundwater levels across the site (refer to Figure 1) Many of the
wells were installed within the interior portions of blocks to provide an indication of the extent of the
drainage influence exerted by ditches located on either side of the forestry block Over 2 '/z years of data has
since been collected on the site The longer duration of the well monitoring has allowed for an evaluation of
shallow groundwater hydrology over a range of precipitation conditions For the purpose of the data
analysis the threshold for wetland hydrology is 12 consecutive days (equivalent to 5% of the growing
season) of flooding pondmg or water table within 12 inches of the soil surface during normal or abnormally
dry conditions The growing season as identified by both WETS 30 year long term climatic data and SCS
data for Craven County (NC) is 240 days (March 18 to November 15) Analysis of well data over a range of
conditions (particularly during normal and above normal rainfall periods) can provide valuable supporting
documentation of shallow groundwater response in an area influenced by site drainage (i e ditches)
The hydrologic graphs (on attached CD) depict continuous groundwater levels over the course of the 2 '/z
year monitoring period As illustrated on the attached graphs wells # 1 2 3 5 6 8 9 10 11 12 13 14
15 16 19 20 21 26 31 and 32 remain within the upper 12 inches of the soil surface for periods greater
than 12 days during normal rainfall conditions Wells # 4 7 17 18 22 23 24 25 27 28 29 and 30
exhibit more rapid discharge and do not exhibit wetland hydrology This information is provided as
supporting documentation of conditions of the site and is not intended to be retied upon solely for the
jurisdictional determination
N DrainMod
A Summary of Imhal Submittal with Bank Prospectus
Hydrologic monitoring of the property was initiated in February 2007 (see above) Preliminary DramMod
results for four (4) wells (in locations representing each of the mayor soil units within the project area) were
submitted with the original bank prospectus Wells were generally sited within the middle of each forestry
block (mid point between two lateral drainage ditches) Each of the DramMod model runs was configured
using a three month (March — May) dataset Antecedent (30 day running totals) rainfall totals during this
period were variable with periods of normal wet and dry conditions Calibrations were then used to model
water table levels over a 30 year period (1959 1989) In each of these years DramMod calculated the
number of consecutive days where water tables were within 12 inches of the soil surface between April 6"'
and October 28'h The wetland hydrology criterion was met when levels remained within 12 inches of the
soil surface for a period of fourteen (14) consecutive days during this period Each of the wells failed to
meet this critenon for a sufficient number of years to be considered jurisdictional wetlands As these wells
were spaced between 120 ft to 380 ft from a lateral ditch a lateral drainage effect of 150 ft was proposed for
each of the ditches on the property Note that the same 150 ft offset was applied to the larger collector canals
(5 to 8 ft deep)
B Additional Modeling
Several of the initial calibrations were re evaluated in August 2009 using additional data from the ongoing
study The calibration period was extended from 6 months utilizing data from November 2007 to April
2008 This extended calibration period is considered sufficient to more accurately model the existing
hydrology of the site (Skaggs pers comm ) The extended data set also provides a normal range of values
with approximately 75% of the period falling within the published WETS table ranges The normal rainfall
period also extended into the early growing season which is typically viewed as the critical assessment point
for wetland hydrology assessment
The updated calibrations were then used to model water table levels over a 40 year period (1950 1990) In
each of these years DramMod calculated the number of consecutive days where water tables were within 12
inches of the soil surface between April 6° and October 28" Results from the updated calibration showed an
increase in the number of years meeting the wetland hydrology criterion (from that previously identified in
the bank prospectus) For example model results for Well 5 met the criteria for 37 of the 40 years (92 %)
compared to 9 of the 30 years (30 %) in the initial assessment
Results from the updated DramMod study do not support the uniform 150 ft offset that was applied to the
site design presented in the bank prospectus The predicted lateral drainage influence for the lateral ditches
is likely to be less However a larger offset for the collector canals is appropriate This trend is illustrated
by comparing results for Well 25 and Well 31 These wells were located in Bayboro soils at similar
distances from lateral drainage ditches (175 ft and 190 ft respectively) of similar depth Well 25 met the
wetland hydrology criteria in 7 out of 40 years while Well 31 met the criteria in 27 out of 40 years This
difference is attributed to the additional drainage effect exerted by the collector canal on Well 25 (located
approximately 250 ft to the south of the canal) In contrast the nearest collector canal to Well 31 is located
350 ft to the east Specific configuration data and model results for Well 5 25 and 31 are provided as
Attachment B to this report
V Summary
Collectively the information gathered from various resources (including NRCS documents and personal
communications historical aerial imagery on site field evaluations well data and DramMod analysis)
indicate that the subject property has been subject to long term drainage impacts associated with timber
management practices initiated in the early 1970s and regularly maintained through 2008 The historical
excavation of lateral ditches and collector canals has effectively removed wetland hydrology in the adjoining
areas This is evidenced by the lack of primary indicators of hydrology occurring in these areas as well as
drainage analysis using DramMod computer modeling (accounting for long term climatic conditions) The
wetland hydrology tools utilized indicate an effective lateral drainage distance range of 100 ft to 150 ft for
the interior lateral ditches and 250 ft to 300 ft for the larger collector canals Utilizing this information
and field indicators LMG has identified a wetland boundary that reflects these findings and is in accordance
with the criteria set forth in the 1987 Corps of Engineers Wetland Delineation Manual and 2008 Atlantic and
Gulf Coast Regional Supplement The proposed limits of existing wetlands are depicted in Figure 1 In
addition LMG staff met with Raleigh Bland and William Wescott of the USACE Washington (NC)
Regulatory Field Office on 4/6/2010 in order to review the limits of existing wetlands as depicted in Figure
1 Based upon precipitation graphs created from WETS tables the site was shown to be in a period of
normal rainfall during this site visit An evaluation of field indicators across the tract during this site
review supported the findings provided by LMG The collector canals and lateral ditches were also evaluated
for OHWM indicators Out of the 52 lateral ditches on site only 2 were considered to be non .jurisdictional
ditches The remaining 50 laterals exhibited at least one OHWM indicator and were claimed as. jurisdictional
RPW s This site meeting verified that the offsets from the laterals and collector canals remained consistent
with the field indicator and modeling based results submitted by LMG
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Brice Creek Wetland Mitigation Bank
Craven County, NC
01 -07 -098
SITE
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LAND MANAGEMENT GROUP rvc
Environmental Comuttants
July 2009
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SITE
ap Source: 1981 Aerial Photography, Craven County NRCS office.
Brice Creek Wetland Mitigation Bank
Craven County, NC
01 -07 -098
LMG
LAND MANAGEMENT GROUP w,
Environmental Consultants
July 2009
SCALE 1" = 1500'
Figure 3
1981 Aerial Photograph
w/ Existing Ditch Network
U S ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id 200802310 County Craven U S G S Quad Catfish Lake
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner /Agent Weyerhaeuser Comoan
Address
C/O Sandy McLendon
1785 Weyerhaeuser Road
Vanceboro, North Carolina 28586
Telephone No
910 452 0001 (Agent)
Property description
Size (acres)
645 acres
Nearest Waterway
US Highway 70
USGS HUC
03020204
Location description
6425 E US 70 Hwy
Indicate Which of the Following Apply
A Preliminary Determination
Nearest Town New Bern
River Basin Neuse
Coordinates N 34 945192 W 76 968006
_ Based on preliminary information there may be wetlands on the above described property We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction To be considered final a
junsdictional determination must be verified by the Corps This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 3.) CFR Part 33 1)
B Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change in the law or
our published regulations this determination may be relied upon for a period not to exceed five years from the date of this
notification
X There are waters of the U S including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344) Unless there is a change in the law or our published
regulations this determination may be relied upon for a period not to exceed five years from the date of this notification
We strongly suggest you have the wetlands on your property delineated Due to the size of your property and /or our
present workload the Corps may not be able to accomplish this wetland delineation in a timely manner For a more timely
delineation you may wish to obtain a consultant To be considered final any delineation must be verified by the Corps
X The waters of the U S including wetland on your property have been delineated and the delineation has been verified
by the Corps We strongly suggest you have this delineation surveyed Upon completion this survey should be reviewed
and verified by the Corps Once verified this survey will provide an accurate depiction of all areas subject to CWA
jurisdiction on your property which provided there is no change in the law or our published regulations may be relied
upon for a period not to exceed five years
_ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on Unless there is a change in the law or our published regulations this
determination may be relied upon for a period not to exceed five years from the date of this notification
_ There are no waters of the U S to include wetlands present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1.)44) Unless there is a change in the law or our
published regulations this determination may be relied upon for a period not to exceed five years from the date of this
notification
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA) You should contact the Division of Coastal Management in Morehead City NC at (252) 808 2808 to
determine their requirements
Page 1 of 2
Action ID
Placement of dredged or fill material within waters of the US and /or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (3.) USC § 1.i 11) If you have any questions regarding this
determination and/or the Corps regulatory program please contact William Wescott at 910 251 4629
C Basis For Determination
The wetlands on this 12roperty meet all three wetland criteria as described in the Atlantic and Gulf Coastal Plain
Regional Su lement and are part of a broad continuum of wetlands associated with the Neuse River
D Remarks
E Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps Clean Water Act jurisdiction for the
particular site identified in this request The delineation /determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985 If you or your tenant are USDA Program participants or anticipate participation
in USDA programs you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service prior to starting work
F Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B above)
This correspondence constitutes an approved jurisdictional determination for the above described site If you object to this
determination you may request an administrative appeal under Corps regulations at 33 CFR part 331 Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form If you request to appeal this
determination you must submit a completed RFA form to the following address
District Engineer Wilmington Regulatory Division
Attn William Wescott Project Manager
Washington Regulatory Field Office
2407 West Fifth Street
Washington North Carolina 27889
In order for an RFA to be accepted by the Corps the Corps must determine that it is complete that it meets the criteria for
appeal under 33 CFR part 3315 and that it has been received by the District Office within 60 days of the date of the NAP
Should you decide to submit an RFA form it must be received at the above address by 2/4/11
* *It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
correspondence **
Corps Regulatory Official UA &A
Date 12/06/2010
Expiration Date 12/06/2015
The Wilmington District is committed to providing the highest level of support to the public To help us ensure we continue to
do so please complete the Customer Satisfaction Survey located at our website at http / /regulatory usacesurvev coin/ to
complete the survey online
Copy furnished
Christian Preziosi /Land Management Group
Page 2 of 2