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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 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O 0. �n U H O Q�c�� ea � 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 Iy+y 121. RIDGE 1NESS TE *Boundaries are approximate and are not meant to be absolute. I ap Source: North Carolina Atlas & Gazetteer. Pg 78. 2006 Brice Creek Wetland Mitigation Bank Craven County, NC LMG LAND MANAGEMENT GROUP 01-07-098 Environmental Consultants R# RDA Z , - --- - - 2,j CHFRRY P', N W S SCALE 1" = 1 Mile Figure 1 Vicinity Map � Rrp N W E S *Boundaries are approximate and area' SITE SCALE 1" = 3,000' not meant to be absolute. "ap Source: Catfish Lake (1994) and Havelock (1994) Quadrangle 7.5 minute (topographic) Brice Creek Wetland Mitigation Bank Craven County, NC LMG Figure 2 LAND MANAGEMENT GROUP— U S G S To p g ra p h i c Map 01 -07 -098 Environmental Consultants Fi E N W E S *Boundaries are approximate and are "" SCALE 1" = 1,200' not meant to be absolute. Map Source: Catfish Lake (1994) and Havelock (1994) Quadrangle 7.5 minute (topographic) Brice Creek Wetland Mitigation Bank Craven County, NC 01 -07 -098 LMG LAND MANAGEMF,NT GRUGY ,, Environmer.fal Cc�nsuliar�ts Figure 3 LIDAR Data 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. Brice Creek Wetland Mitigation Bank Craven County, NC AI�LMG LAND MANAGEMENT GROUP- 01-07-098 Environments! Consultants SITE N W E S SCALE 1" = 2,000' Map Source: NRCS Soil Survey. Figure 4 USDA -NRCS Soils Map The boundary information contained on this map has been overlaid with no ground control. Information as shown is approximate and not meant to be absolute. Boundary information taken from the Pender County GIS web database. Map Source: Pender County GIS. SCALE 1" = 500' Phase I t5A Hampstead Town Center LMG Figure 4 Highway 17 LANDMAN!.GEMENI GROCA> — Tax Map Hampstead, NC — [-- ""wens" Pender County, NC 60- 12 -078 April 2012 *Boundaries are approximate ana are not meant to be absolute. 'lap Source: 1998 NAPP aerial photography Brice Creek Wetland Mitigation Bank Craven County, NC 01 -07 -098 FE LMG LAND MANAGEMENT GROUP Environmental Consultants 0 N W E S SCALE 1" = 2,000' Figure 5 Aerial Photograph a % { §A6 \z \(\ \ \ <� \��� � \ �® * 7 "MU f 2 /{\ _ )\� � LL \ } 7 ) § U) o \ i \ .. 0 - !2) Co k}/ } ƒ� < / : / \( / 6 \ 6* \! )cw oil \ ` J Z J aw a� 2 C— OAK uTCZ� z O O z a c Rot ti om m aaa a_aacv N e tt L U� N z a a3z oW C) N�_ �'D m m .m el ■ J 00 iti o i 0 ° L: o � 3° N�z E w I) O O O c cnE I I m a � m cn u m o � o m ,z c m m O � U � .. 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N Q m b h " N c _Q) L m U � a O M c c Ic fn' N 3 i O = t4 c U U S M M -0 ` O Q � ^ F aXi ` E Z � O _ � 1 3 'x i M a -0 E O N f L O C -0 I C � I Q � I fA c0 CD O I +O- U _0 0 m N Z 0 OL L Oh w co m N o c zs o O 1 3 I.L N Z I � I ♦_ I (>3 i -0 I ° o O w Ii N LU LU TJ c m o >+ m p IL L n > uj c w m 1 s V U m V c. ui 7 N a m Q y ~ O o N m S v K WN ++ O 'a mo°Uo N U oZ c �dw o ° j � aE O p N N v I a N o n � + + N N h N PCNIN� Rp. lP u @O D N N + b O + o $ N N U o R L Ilk ° Co Y a pa y + 4 S r°KS N a 2P F h O �? uP�O b + a h 1 M b '• �S 7 ` N Y h 1 b h" + P � N �+ O L a h + J + ++ a by N N '�j N h ^ N + j + h ohs o 0 Nom+` + ^ + ° ql + +h\ ++ N \I 6 a kO n � $ r� O �1 V N Ch N co 0 o R1 q n� + N�Ww G�0 ° n h ?o v q a " WE ® h n I + h + + + + + o q;+ 0 O \ \\ \ \ \\ ` ®! y3 §a <( t { C, \ G ± �t � 6 o # � 3 �� % ko Ln E-4 N % 2 � r-4 k h k psi U. § (kC aE- ,M ° LL ol } § > E &E » f � °\ t k $ A c / \ y z }¥\ � k\\ } �CL \ (\\ } ®a/ | 0z �1� ) {\ 4 8 |; [ So l,4 RR a Q / \ ( ) r 2 , ^ ) ®)!! \\ } } } \\ ) f ) \ \ § }r!$ k) U- E\! )£\!:! : / {!(: LL ;�ca 2 \!aa /!`) E, °! \ \ |; [ F- w 0 LL LU ca wa �l 114 JV ?i uj w ul I-- C) DD W 9. cI PH uOulli. cc ow z but LLI 11 Ic, roc -4 VVV I SaulA CO ul z 0 z L ro in .2 0 cy) 0 c O Ul 0 W z + cc 0 x ti 2w 1 b cn Z 0 trill 116 ""Of ."w'waWA "N' rt ,Qv, KtC LU CL ra z LLJ FE Qi r.L L VI M .2) LL 0 0 (D 00 CY) 9 co U) UJ =J LL U) z c: < 0 0 LU C) c U) NO o LL, U) 0 Z < LO 0 M LU 0) > Lj C-) co I-- 00 co L) ('4 c o 0- E Z N z 0 > r- C) 04 m ti .cm doq O C o L,).s E C) 0 a) clq Lo NC4 C) LL L) X O c O a- 00 CY) 9 co U) UJ =J LL U) z c: < 0 0 LU C) c U) NO o LL, U) 0 Z < LO 0 M LU 0) > Lj C-) CO co L) c o 0- E Z N ;-- m 0 > r- C) 04 m ti .cm Q) 0 C o C a) -C > C) (1) L) L) 00 CY) 9 co U) UJ =J LL U) z c: < 0 0 LU C) c U) NO o LL, U) 0 Z < LO 0 M LU 0) > Lj C-) Appendix A. Ecoregion Map Floill 11000no O, o, O, c), c, O, O, O, A A A A A A A A W c W . aW o cW P. 0 oW W ll, aq 0 7 0 VI g(�fi�<zc 7�C -qzZ. �. O O if a _ w m v'Oo � a v ° p o ota000 HUD ��A t.A �A Ul tI.4 w cm, I h B 0 00• G G G O A C .O- yy O w N d p. O K Er RE �o d°o 8 3 B `< ncp o c C4 n A g° O A ° � o aA. a b d F o m y y - o� <� �s d F O O d (0q W 5 OOinc E. U z "' �' S C% .��.. � �' C �. 'r o •�• O S -j ',03 F C rT G � N �'f!� fir' r R. �.!1� f, .. a0 d � t9 '� '• F, C. c l � ' ✓i. Z f � I s a \ J r C W a �^ y m J +C 0 m �. as 0. 0 O O O 1-� 0 � �II 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 Ire- �& 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 U y J J U a r a F a _ U p a— N p d N N co w '05) p.G v pr�pp-;;�# -.gga U p -P..p r� vl ^� Oj oQ) o � Q 0 W � kO v W 'r [r W o co � h o Z tz Ac a� 1 Nsim Ali pi m� �pm wW a �g�� ra �io z Zp 2 K w Q U Z N W gww pew jo a0 O q L i E O a 0 C 0 C U n m In ti d o � o I �a 0 } o _ �+ C 0 d m a �1 0 U z Z m E m 3 a 0 0 N a 0 E 0 a W 0 U 0 N N L Z a J H W 3 J F��-' i 4 r — — La I ° La 1 t Ra "Boundane5 are dppiuximdie aim are not meant to be absolute. Brice Creek Wetland Mitigation Bank Craven County, NC 01 -07 -098 SITE LMG LAND MANAGEMENT GROUP rvc Environmental Comuttants July 2009 Ra 71 Go. 1 R a 1� r1 c� a i ( 1 B MI r I Pin. N W E S SCALE 1" = 2000' Figure 2 1974 Aerial Photograph w/ Existing Ditch Network I Boundaries are apprexrrrrare aria are not meant to be absolute. 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