HomeMy WebLinkAbout20130412 Ver 1_Mitigation Bank Information_20130417201304 12 qoosm �AMtm r �90C
Kulz, Eric
From:
Matthews, Monte K SAW [Monte.K.Matthews @usace.army.mil]
Sent:
Wednesday, April 17, 201312:57 PM
To:
Bryant, Shari L.; Kulz, Eric; Gledhill- eadey, Renee; John Ellis; bowers.todd@epa.gov
Cc:
Wilson, Travis W.; Pete_Benjamin @fws.gov; Higgins, Karen; Gibby, Jean B SAW;
jhutton @wildiandseng.com; Williams, Andrew E SAW; Tugwell, Todd SAW; Matthews, Monte
K SAW
Subject:
Mitigation Banks—dam removals—Hoosier Dam /Lower Swepsonville Dam (UNCLASSIFIED)
Attachments:
Hoosier Dam Draft Prospectus - with Figures.pdf; Lower Swepsonville Dam Draft Prospectus_
4 -16 -2013 with Figures.pdf
Classification: UNCLASSIFIED
Caveats: NONE
Hello Everyone,
Attached you will find a Draft Prospectus for each of two respective mitigation banking
proposals. Each of these proposals are for the removal of existing dams.
One dam is from the Rocky River in Chatham County. This dam, known as the Hoosier Dam, backs
water into Reeves Lake and is located about 5.5 miles upstream of the confluence with the
Deep River. The second dam is the Lower Swepsonville Dam, located on the Haw River
approximately 1 mile downstream of Swepsonville, in Alamance County, NC.
The bank sponsors have provided these draft copies to solicit early comments from the
Interagency Review Teams (IRT). This is an optional review period, and I commend the
Sponsors for allowing the IRTs the opportunity for an early evaluation on their proposals.
According to the 2008 Mitigation Rule, the Corps will distribute each Draft Prospectus to the
IRT, and will provide comments back to the sponsors within 30 days. Because our clock is
already ticking, I wanted to get this email out to you as soon as possible.
I've talked briefly with ]ean, and it looks like Andy Williams (USACE) will Chair the IRT for
the Lower Swepsonville proposal. She has not yet determined the Chair for the Hoosier
project, but we should be able to let you know soon - until then, please feel free to contact
me on anything with this one. She has asked that comments on each project be directed thru
the applicable Chair so that no confusion between projects develop.
On or before May 16th, 2013 (30 days), please let us know if your agency is interested in
placing a representative(s) on each of these IRTs and who will serve in this capacity. Also,
please send the appropriate USACE Chair any comments on these draft documents by May 16th.
Due to the quick turnaround for comments, email is preferred. We will then forward all
comments on each respective project to the sponsor and copy the Team members.
We look forward to working with you on these projects.
As always, let me know if you have any questions.
Monte
Monte Matthews
Regulatory Project Manager
US Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
1
919 - 554 -4884 x 30 S ' S
We would appreciate your feedback on how we are performing our duties. Our automated
Customer Service Survey is located at: http://Per2.nwp.usace.army.mil/survey.html Thank you
for taking the time to visit this site and complete the survey.
- - - -- Original Message---- -
From: John Hutton jmailto :ihutton@wildlandsens.coml
Sent: Tuesday, April 16, 2013 1:48 PM
To: Gibby, Jean B SAW
Cc: Tugwell, Todd SAW; Crumbley, Tyler SAW
Subject: Mitigation Bank Prospectus
Jean,
I have attached two mitigation bank prospectuses for your review. These are both dam removal
projects that I have been talking with Todd and Tyler about. Todd mentioned that there are
some changes going on with USACE county assignments and suggested I just send these to you
directly. He also said that he would catch up with you to give you some background on these
proposed banks.
The proposed Lower Swepsonville project is in the Cape Fear 02 basin in Alamance County on
the Haw River. The proposed Hoosier Dam project is located in Chatham County on the Rocky
River in the Cape Fear 03 basin.
I would be happy to provide hard copies as a follow up to this email if you would like.
Please let me know if you have any questions and I look forward to scheduling site visits.
Thanks,
John Hutton
Wildlands Engineering, Inc.
5605 Chapel Hill Road
Suite 122
Raleigh, NC 27607
Office: 919 - 851 -9986
Cell: 919- 723 -8203
www.wildlandseng.com <http: / /www.wildlandsene.com />
2
20 1304 12
Hoosier Dam Mitigation Bank
Chatham County, NC
DRAFT Prospectus
April 9, 2013
Prepared by:
Wildlands Engineering, Inc.
1430 S Mint St, Suite 104
W I L D L A N D S Charlotte, NC 28203
ENGINEERING Phone: 704 - 332 -7754
Fax: 704 - 332 -3306
Bank Sponsor.
130 of Chatham, LLC
3409 Birk Bluff Court
Cary, NC 27518
Phone: 919- 632 -0161
Fax: 828 - 707 -9413
5
Hoosier Dam Mitigation Bank
Draft - Prospectus
TABLE OF CONTENTS
1.0 Mitigation Bank Introduction and Objectives ......................... ............................... 1
1.1 Introduction ...................................................................................... ............................... 1
1.2 Bank Location ................................................................................... ............................... 2
1.3 Bank Objectives ................................................................................ ............................... 2
1.4 Qualifications of Bank Sponsor ........................................................ ............................... 3
2.0 Establishment and Operation of Mitigation Bank .................. ............................... 3
2.1 Ownership Agreements and Long -term Strategy ........................... ............................... 3
2.2 Proposed Service Area ...................................................................... ............................... 3
2.3 Need and Feasibility of Mitigation Bank .......................................... ............................... 4
3.0 Ecological Suitability of Site .......................................................... ............................... 5
3.1 Bank Site Characterization ............................................................... ............................... 5
3.2 Baseline Site Conditions ................................................................... ............................... 5
3.2.1 Existing Streams ........................................................................ ............................... 5
3.2.2 FERC License ............................................................................. ............................... 6
3.2.3 Existing Vegetation ................................................................... ............................... 6
3.2.4 Biological Assessment ............................................................... ............................... 6
3.2.5 Threatened and Endangered Species ....................................... ............................... 6
3.2.6 Cultural Resources ..................................................................... ............................... 7
4.0 Mitigation Work Plan ........................................................................ ..............................7
5.0 Determination of Mitigation Credits ........................................... ............................... 8
6.0 Maintenance and Long -term Sustainability ............................ ............................... 9
6.1 Maintenance ..................................................................................... ............................... 9
6.2 Long Term Management Provisions ................................................ ............................... 9
FIGURES
Figure 1
Vicinity Map
Figure 2
Location Map
Figure 3
Service Area Map
Figure 4
Aerial Photograph
Figure 5
Conceptual Plan
Hoosier Dam Mitigation Bank
Draft - Prospectus
The Bank Sponsor, 230 of Chatham, LLC, proposes to establish the Hoosier Dam Mitigation Bank
(Bank) to provide compensatory stream mitigation credits to offset unavoidable impacts to
jurisdictional streams authorized under Section 4oi and 404 of the Clean Water Act, and Section 20 of
the Rivers and Harbor Act, and Section 62.2 - 44.25:20 of the Code of Virginia. The proposed Bank site is
located on the Rocky River in Chatham County approximately 5 1/2 miles upstream of its confluence
with the Deep River in Hydrologic Unit 03030003 (Figure 2). The Hoosier Dam Mitigation Bank (Bank)
shall be planned and designed by Wildlands Engineering, Inc. ( Wildlands) in one phase encompassing
the Hoosier Dam and a significant length of Rocky River and several tributaries upstream of the current
dam.
1.0 Mitigation Bank Introduction and Objectives
1.1 introduction
The Hoosier Dam is located on the Rocky River in Chatham County within the Cape Fear River Basin.
The dam impounds approximately 22,425 feet of Rocky River and six perennial tributary streams. Prior
to construction of Hoosier Dam, a boulder dam was installed on the Rocky River approximately 4,800
feet upstream of Hoosier Dam that created a smaller impoundment on the river (Figure 2). This historic
boulder dam was inundated when the larger Hoosier Dam was constructed, but was left in place.
The U.S. Fish & Wildlife Service (FWS) has designated sections of the Rocky River upstream and
downstream from Hoosier Dam, as well as a section of Bear Creek just below the dam, as Critical
Habitat for the Cape Fear Shiner, a federally listed endangered species (FWS, 2988). The non -
impounded sections of the Rocky River and Bear Creek exhibit very high quality riverine habitat that
supports a diverse collection of aquatic species including the Cape Fear Shiner and other species of
concern. The dam represents a significant blockage to fish migration and as a result, FWS has
documented declines in the disconnected population upstream of the dam (FWS, 2988). Removal of
the blockage created by the dam to provide access to these high - quality reaches would be of
substantial long -term benefit to these aquatic communities.
The Hoosier Dam Mitigation Bank includes over 22,425 linear feet (LF) of the Rocky River and six
perennial tributaries. The Bank will be created through the following river restoration activities:
• De- watering of Reeves Lake, the impoundment created by Hoosier Dam
• Development and implementation of a sediment removal management plan for the historically
inundated areas of Rocky River and six tributaries
• Seeding, planting, and stabilization of the historic riverbank and exposed soils as the water
level in Reeves Lake drops to minimize sediment discharge to downstream reaches
• Removal of the Hoosier Dam embankment, spillway, and adjacent powerhouse facility; and
restoration of Rocky River at the dam site
• Removal of the remnant rock dam that is located approximately, 4,80o feet upstream of
Hoosier Dam (with reuse of the boulders for fish habitat enhancement measures)
• Restore shallow water habitat for the Cape Fear shiner within the previously impounded 16,o6o
linear feet (LF) of Rocky River and 6,365 LF of the six perennial tributaries
• Continue efforts to preserve the existing forested riparian buffer along Rocky River
Hoosier Dam Mitigation Bank Page i
Draft - Prospectus
1.2 Bank Location
The proposed Bank site (350 38' o8 "N, 79° 12'40"W) is located in Chatham County, along N.C. Highway
87 approximately 6 miles south of the of the Town of Pittsboro, North Carolina (Figure i). The subject
site is located on the Rocky River approximately 5 2h miles upstream of its confluence with the Deep
River (HUC 03030003).
To access the site from Raleigh, drive south on US -iS for approximately 31 miles. Exit onto NC-
87N /US- i5N /US -5oiN /Hawkins Ave and drive north for approximately 6.2 miles. Turn left onto Walter
Bright Road and proceed west for approximately 0.5 miles. Turn right to stay on Water Bright Road and
proceed west for another o.6 miles. Turn right onto Asbury Church Road and proceed north for
approximately o.6 miles. Turn left onto Mays Chapel Road and proceed north for approximately i.o
mile. Turn right onto Woody Dam road and proceed for approximately 0.5 miles to the dam site on the
right.
1.3 Bank Objectives
The Bank will provide numerous ecological benefits within the Rocky River and Cape Fear River Basin.
Expected improvements to aquatic species, aquatic habitat, water quality, and ecological processes
from the Bank are listed below in Table is
Table 1. Bank Goals and Methods of Achievement
Hoosier Dam Mitiqation Bank Prospectus
Restoration of passage for
The dam embankment, spillway, and powerhouse will be removed and
aquatic species
passaqe will be restored foraquatic species.
Restoration of the natural flow
Once Reeves Lake is drained and the dam is removed, the natural flow
regime of Rocky River
regime of Rocky River will be restored.
Restoration of currently
The build -up of sediment within Reeves Lake will be removed once the
inundated shallow water habitat
lake is drained, and natural shallow water habitat preferred by the Cape
for the Cape Fear shiner and
Fear shiner will be restored on Rocky River and the lower reaches of six
other aquatic species
perennial tributaries. This may include in- stream structures to improve
habitat diversity.
Restoration of sediment supply
Coarse and fine sediment has been captured in Reeves Lake due to
and transport
reduced flow velocities caused by the impoundment. Once the natural
flow regime is re- introduced, a more natural sediment supply and
transport will be restored within the inundated section of Rocky River and
to downstream reaches of the Rocky River and the Deep River.
Improved water quality and
Seasonal thermal stratification within Reeves Lake has negatively affected
decreased stream temperatures
water temperatures and dissolved oxygen concentrations within the
impoundment and downstream of Hoosier Dam. Excessive nutrients have
resulted in algal blooms within Reeves Lake. Once the dam is removed
and the natural flow regime is restored, these water quality impacts will
be greatly reduced.
Restoration of terrestrial habitat
Adjacent buffer and riparian habitats will be restored with native
vegetation as part of the project. Native vegetation will provide cover and
food for terrestrial wildlife.
Hoosier Dam Mitigation Bank + Page z
Draft - Prospectus 1
1.4 Qualifications of Bank Sponsor
Bank Sponsor and Contact Information:
Bank Sponsor
230 of Chatham
3409 Birk Bluff Court
Cary, NC 27528
Phone: gig- 632 -0262
Fax: 828 - 707 -9423
Attn: Tim Sweeney, Owner
Email: bret@uniqueplacesllc.com
Authorized Agent
Wildlands Engineering, Inc.
2430 South Mint Street, Suite 204
Charlotte, NC 28203
Phone: 704- 332-7754
Fax: 704-332-3306
Attn: Shawn Wilkerson, President
Email: swilkerson@wildlandseng.com
230 of Chatham, LLC, is private land holding company which focuses on the acquisition and restoration
of property that possess high ecological values. As of February 2022, their land portfolio has eclipsed
22,000 acres and includes land in the mountain, foothill, piedmont and coastal regions of North
Carolina. Over the last four years, 230 of Chatham has worked with Unique Places, LLC, a conservation
focused real estate and land management company, to use and implement innovative techniques for
restorative land management on their land holdings. Once a property is acquired, the project team
completes a full ecological survey of community types, rare species survey, and forest management
plan.
The Bank Sponsor is working with Wildlands to develop and execute the dam removal and river
restoration portion of the management plan for the Bank. Wildlands is a fully licensed engineering firm
that offers professional services in North Carolina, South Carolina, Virginia and Georgia. Wildlands
specializes in the design and permitting of stream and wetland restoration and mitigation with a
particular focus on ecosystem renewal. Our diverse team of engineers, ecologists, biologists, and
hydrologists has assessed over 250 miles of streams for restoration feasibility, designed and permitted
over 75 miles of stream enhancement and restoration work, and managed construction on over 50
miles of restoration.
2.0 Establishment and Operation of Mitigation Bank
2.3 Ownership Agreements and Long -term Strategy
The Bank Sponsor owns fee simple title for the Bank site, which also conveyed the dam, hydropower
facility, hydropower license, and old boulder dam. Upon completion of the review process for the Bank
Prospectus, the Sponsor will Submit a detailed mitigation plan and banking instrument for the Bank.
The banking instrument will provide detailed information regarding bank operation including long term
management. Once the final mitigation plan is approved and the accompanying instrument executed
by members of the Interagency Review Team (IRT), the Sponsor will record a conservation easement
for the limits of the Bank.
2.2 Proposed Service Area
The Bank will be established to provide mitigation to compensate for impacts to Waters of the United
States and/or State Waters within Cape Fear Hydrologic Unit (HU) 03030003, which includes portions of
Chatham, Forsyth, Guilford, Alamance, Randolph, Montgomery, Moore, and Lee counties (Figure 3).
HU 03030003 contains the urban areas southeast of the Triad, and lies along the US- 25/502 and US2/64
corridors. Population growth within Cape Fear subbasin 03 -06 -22 alone is expected to increase
significantly over the next 20 years by approximately 220,00o people. The Bank will provide mitigation
Hoosier Dam Mitigation Bank Page 3
Draft - Prospectus
for unavoidable impacts to Waters of the U.S. and State Waters caused by development in support of
this population growth.
To date, Cape Fear HU 03030003 has traditionally experienced low to moderate demand for stream
mitigation units. To help maintain the economic viability of the Bank, the proposed service area also
contains portions of Cape Fear HU 03030004. HU 03030004 includes the urban growth area in
southwest Wake County around Raleigh and Cary, and parts of Harnett and Wake counties.
Historically, this portion of HU 03030004 has experienced moderate demand for stream mitigation
units but has been underserved by existing stream mitigation banks. The boundary between these two
HUs is arbitrary since this portion of HU 03030004 has similar physiographic characteristics (central
Piedmont) as HU 03030003. Therefore, providing compensatory mitigation for this area of HU
03030004 by the Bank is consistent with regulatory policy.
2.3 Need and Feasibility of Mitigation Bank
The Cape Fear shiner is a federally - listed endangered species that only occurs only in North Carolina.
Based on the FWS 1988 Cape Fear Shiner Recovery Plan (Recovery Plan), only three critical habitat
areas have been identified in Chatham, Lee, Randolph, Harnett, and Moore counties, North Carolina:
(1) a 4.1 mile reach of the Rocky River upstream of Hoosier Dam; (2) 7.3 miles of the Rocky River and
Deep River downstream of Hoosier Dam, which includes 0.5 miles of Bear Creek; and (3) 1.5 miles of
Fork Creek. These isolated populations and the limited critical habitat areas put the Cape Fear shiner at
serious risk for long -term survival.
Critical habitat areas #1 and #2 above are separated only by Hoosier Dam and its impoundment,
Reeves Lake (Figure 4). Therefore, construction of Hoosier Dam has had two significant impacts on the
Cape Fear shiner. First, the dam creates a blockage to fish movement that has disconnected two of the
three critical habitat areas and prevents interaction between the two resident populations. Secondly,
the impoundment caused by the dam inundates the shallow, rocky riverine habitat preferred by the
Cape Fear shiner. The Recovery Plan states that dam construction in the Cape Fear River system has
probably had the most serious impact on the species. A primary goal of the Recovery Plan is to re-
establish the Cape Fear shiner into historic habitat. By removing Hoosier Dam and restoring the
shallow water habitat preferred by the Cape Fear shiner, the Bank will play an important role in
expanding its habitat and helping to strengthen the population that exists on Rocky River, Bear Creek,
and Deep River.
Every two years, the NCDWQ publishes a list of impaired water bodies according to the Clean Water
Act (Section 303(d)) and 40 CFR '130.7, known as the 303(d) list. The list is a comprehensive public
accounting of all water bodies that do not meet water quality standards including designated uses,
numeric and narrative criteria, and anti - degradation requirements defined in 40 CFR 130.7. Standards
violations may be due to a single or multiple pollutants; and the source of impairment could be from
point sources and /or nonpoint sources. North Carolina's methodology is strongly based on aquatic life
use support guidelines.
The 2012 303(d) list identifies Reeves Lake as "water quality limited" due to chlorophyll a, which is an
indicator of excessive algal growth resulting from high nutrient loads flowing into the lake. The water
quality within Reeves Lake varies seasonally, with low dissolved oxygen, elevated fecal coliform levels,
stratified temperatures, and critically high chlorophyll a levels during the summer due to warmer
temperatures and lower river base flow. Releases from Hoosier Dam during this season can degrade
water quality downstream in the Rocky River and Deep River. By removing the dam and the
impoundment, the Bank will significantly improve water quality within this reach of Rocky River and to
downstream reaches of the Rocky River and Deep River.
Hoosier Dam Mitigation Bank Page 4
Draft - Prospectus
3.0 Ecological Suitability of Site
3.1 Bank Site Characterization
Hoosier Dam and Reeves Lake are located within the Piedmont physiographic region and the Carolina
Slate Belt, which is characterized by low summertime base flows. The Rocky River originates in the
eastern portion of Forsyth County and flows southeast through Guilford, Randolph, Chatham, and Lee
counties before its confluence with the Deep River. The Bank has a watershed area of approximately
200 square miles at Hoosier Dam.
The Bank is located within Cape Fear River subbasin 03 -06 -12 (NCDWQ 2005). The population within
the subbasin in Year 2000 was approximately 20,00o residents. Land use within the subbasin is
predominately forest (70 percent) and agriculture (27 percent), with less than 2 percent urban
development.
Hoosier Dam is a concrete buttress dam with an attached hydroelectric powerhouse. The dam was built
in 1922, and is constructed of reinforced concrete, with a total length (including the powerhouse), of
235 feet and an average height of 25 feet. The hydroelectric facility at Hoosier Dam contains three small
turbines that were operated by Hoosier Hydroelectric, Inc., as a small renewable energy producer. In
October, 2012, the renewable energy contract with Progress Energy Carolinas was terminated.
Land use directly adjacent to the Bank is predominantly undisturbed woodland, with areas of pasture
and pine plantations (Figure 4). The entire Site impoundment is bordered by a mature riparian buffer
that varies in width from 40 feet to over 200 feet.
Hoosier Dam and Reeves Lake are responsible for the loss of natural flow regime and shallow water
habitat to approximately 22,425 linear feet of stream ecosystem (16,060 linear feet within the Rocky
River and 6,365 linear feet of perennial tributaries).
3.2 Baseline Site Conditions
3.2.1 Existing Streams
Reeves Lake occurs within the main channel of Rocky River, and is a "run of the river" impoundment
with water depths ranging from 6 feet up to approximately 25 feet. The majority of the banks are
forested with riparian vegetation typical of the region, such as river birch (Betula nigra), box elder (Acer
negundo), green ash (Fraxinus pennsylvanica), sycamore (Platanus occidentalis), shagbark and
bitternut hickory (Carya spp.), and swamp chestnut, cherrybark, and willow oaks (Quercus spp.). Near
the dam site, the impounded reach of Rocky River contains the remnant floodplain which was cleared
just prior to filling Reeves Lake. Farther upstream, the impoundment is restricted to the historic river
channel.
The six perennial tributaries inundated by Reeves Lake have widths that range from 10 to 20 feet, with
varying depths that are dependent upon the relationship between the channel thalweg and the
elevation of the dam crest. The banks of these tributaries are also forested with riparian vegetation
typical of the region, such as river birch (Betula nigra), box elder (Acer negundo), green ash (Fraxinus
pennsylvanica), sycamore (Platanus occidentalis), shagbark and bitternut hickory (Carya spp.), and
swamp chestnut, cherrybark, and willow oaks (Quercus spp.). The stream beds just upstream of the
limits of Reeves Lake consist primarily of boulder, cobble, and gravel substrate with shallow riffles. No
headcuts were noted during a visual assessment of these reaches.
Hoosier Dam Mitigation Bank Page 5
Draft - Prospectus
3.2.2 FERC License
The hydroelectric facility at Hoosier Dam contains three small turbines that were operated by Hoosier
Hydroelectric, Inc., as a small renewable energy producer under contract to Progress Energy Carolinas.
The contract was terminated in October, 2012. Due its low generating capacity (approximately 230
kW), the hydroelectric facility was issued Exemption #3586 to the Federal Energy Regulatory
Commission licensing process on December 16,1981.
The Bank Sponsor will surrender the Exemption #3586 to the FERC License in compliance with FERC
Regulation 4.102. The petition to surrender the exemption will include a report that provides the
reason for surrendering the exemption, a description of how the dam, spillway, and hydropower facility
will be disposed, and a plan and schedule outlining the procedures proposed for removal and
restoration of the dam site to assure public and environmental safety. During this process, the Bank
Sponsor will consult with fish and wildlife agencies on restoration of the dam site and adjacent lands.
3.2.3 Existing Vegetation
Except for a small area cleared at the dam site, the riparian buffer of Rocky River is completely forested
around Reeves Lake. The banks of the river and its tributaries are also forested with riparian vegetation
typical of the region, such as river birch (Betula nigra), box elder (Acer negundo), green ash (Fraxinus
pennsylvanica), sycamore (Platanus occidentalis), shagbark and bitternut hickory (Carya spp.), and
swamp chestnut, cherrybark, and willow oaks (Quercus spp.). Several pine plantations and pasture
areas have encroached within loo feet of the riverbank; otherwise, the riparian forest is largely intact
for loo feet or more on both riverbanks.
3.2.4 Biological Assessment
As described previously, the Bank site lies between two critical habitat areas for the Cape Fear shiner, a
federally - listed endangered species that only occurs only in North Carolina. Critical habitat areas #1 and
#2 described previously are separated only by Hoosier Dam and its impoundment, Reeves Lake. These
isolated populations and the limited critical habitat areas put the Cape Fear shiner at serious risk for
long -term survival.
3.2.5 Threatened and Endangered Species
A search of the U.S. Fish and Wildlife Service (USFWS) database for federally listed threatened and
endangered species identified four listed species in Chatham County, NC (Table 2).
Table 2. Federally Listed Threatened and Endangered Species
in Chatham County, NC
Vertebrate
Cape Fear Shiner
E
Chatham
(Notro is mekistocholas)
Red - Cockaded Woodpecker
E
Chatham
(Picoides borealis)
Vascular Plant
American chaffseed
E
Chatham
(Schwalbea amaercana)
Michaux's sumac
E
Chatham
(Rhus michauxii)
'E = Endangered
Hoosier Dam Mitigation Bank Page 6
Draft - Prospectus
Wildlands will coordinate with the FWS on issues related to the Cape Fear shiner populations upstream
and downstream of Hoosier Dam, and conduct a site review to determine if habitat conditions are
conducive for the other listed species. If any of the listed endangered species are located on -site, then
special permit considerations and time of year restrictions may result in construction limitations.
3.2.6 Cultural Resources
A preliminary search of the North Carolina State Historic Preservation Office for cultural and historic
resources indicated there are no known National Register Properties or previous archaeological survey
sites within the Bank site. It is anticipated that a Phase I Cultural Survey will be required to ensure no
impact to cultural or historic resources, and to coordinate the removal of the dam and hydropower
facility.
4.0 Mitigation Work Plan
The removal of the Hoosier Dam, draining Reeves Lake, and restoration of Rocky River is proposed to
occur through a staged approach. The stages will be designed to carefully evaluate and remediate
potential disturbances to water quality or aquatic life, with a special emphasis to minimize disturbance
to the remaining populations of the Cape Fear shiner. Wildlands will partner with Schnabel Engineering,
an engineering firm located in Greensboro, NC with expertise in dam removal, geotechnical and
structural engineering to ensure that the demolition of Hoosier Dam and the sediment removal
management plan minimize water quality and ecological impacts to Rocky River and Deep River.
The Bank work plan consists of the following major stages: dewatering the impoundment, sediment
management, complete removal of the dam, and restoring Rocky River and its tributaries. These
stages will be completed through the following restoration activities:
• De- watering of Reeves Lake in mid to late fall
• Development of a sediment removal plan as the water levels drop to match the historic river
levels
• Seeding, planting, and stabilization of the historic riverbank and exposed soils within the
footprint of Reeves Lake
• Removal of the Hoosier Dam embankment, spillway, and adjacent powerhouse facility
• Restoration of Rocky River at the dam site
• Removal of the remnant rock dam that is located approximately 4,80o feet upstream of Hoosier
Dam (incorporate these boulders into habitat enhancement measures on Rocky River)
• Removal of excess sediment that had settled out in Reeves Lake
• Restore shallow water habitat for the Cape Fear shiner within the previously impounded reach
of Rocky River
• Restore shallow water habitat for the Cape Fear shiner along 6,365 LF of the six tributaries
affected by the impoundment (individual reach lengths range from 605 ft to 1,375 ft)
• Continue efforts to preserve and protect the existing forested riparian buffer along Rocky River
Within the Bank, the dam site and adjacent riverbank will be protected under a conservation easement
(Figure 5). The Bank Sponsor will continue efforts to preserve and protect the existing forested riparian
buffer along Rocky River upstream of the dam site.
Hoosier Dam Mitigation Bank Page 7
Draft - Prospectus
5.0 Determination of Mitigation Credits
Guidance for determining mitigation credits for dam removal projects was initially provided in
Determining Appropriate Compensatory Mitigation Credit for Dam Removal Projects in North Carolina,
which was developed cooperatively by the U.S. Army Corps of Engineers, Wilmington District, the U.S.
Environmental Protection Agency, Region 4, the U.S. Fish and Wildlife Service, the N.C. Division of
Water Quality, the N.C. Wildlife Resources Commission, and the N.C. Division of Water Resources in
June, 2oo8. This guidance document has since been withdrawn, however its principles have been
applied to generate the proposed stream mitigation units described below.
The upstream limits of the impounding effect of the Hoosier Dam on Rocky River and six perennial
tributaries were initially estimated based on the water level of Reeves Lake and LIDAR data for the
tributaries. The upper limits of these inundated areas were visited, field verified, photographed, and
confirmed using hand -held global positioning system equipment (Figure 5). A summary of the
proposed credits is included in Table 3.
Table 3. Proposed Stream Mitigation Units
Hoosier Dam Mitigation Bank
Mitigation Criteria
Length
(LF)
Credit
Ratio or
Factor
Stream
Mitigation
Units (SMU)
Length of Stream Returned to
Rocky River
16,o6o
1:1
16,o6o
Flowing Condition
Tributa 1
68o
1:1
68o
Tributary 2
1,345
1 :1
1345
Tributary 3
1,130
1:1
1,130
Tributary 4
1,375
1 :1
1,375
Tributary
1,230
1:1
1,230
Tributary 6
6o5
1:1
605
Subtotal
22,425
Adjustment based on
Len th of Stream Protected
0% to 25%
1.0
0
Credit for Rare, Endangered, and
Threatened Species
Restoration of habitat
True
1.0
0
Recolonization of
associated species
True
1.0
0
Recolonization of
targeted species
True
1.0
0
Subtotal
22,425
15% Reduction
-3,36o
Total SMUs
19,o65
The 15% reduction of potential credits generated by the Bank is based on discussions with Todd
Tugwell, U.S. Army Corps of Engineers — Wilmington District, about the current application of the
guidance document for dam removal. The final number of stream mitigation units generated by the
Bank will be based on coordination and approval by the IRT. Given the above credit ratios and factors
for dam removal and restoration of habitat for the Cape Fear shiner, an estimated 19,o65 stream
mitigation units will be available from the establishment of the Bank.
Use of credits from the Bank to offset 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 state and federal legislation, regulations, and policies. Prior to the release of credits,
the following requirements will be met:
Hoosier Dam Mitigation Bank Page 8
Draft - Prospectus
2. IRT approval of the final mitigation plan;
2. Execution of the banking instrument;
3. Recordation of the conservation easement; and
4. Establishment of appropriate financial assurances.
The credit release schedule shown below in Table 4 is in compliance with the Monitoring Requirements
and Performance Standards for Compensatory Mitigation in North Carolina, February g, 2013.
Table 4. Credit Release Schedule
Hoosier Dam Mitigation Bank
Task
Percentage of
Credits Released
Site Establishment — Execution of MBI, approval of final
Mitigation Plan, delivery of Financial Assurances,
recordation of Conservation Easement, 404 permit
15%
Construction Phase Complete —All initial physical and
biological improvements made pursuant to the
Miti ation Plan
i5%
Year s Monitoring
10%
Year 2 Monitoring
20%
Year 3 Monitoring
10%
Year 4 Monitoring
5%
Year 5 Monitoring
10%
Year 6 Monitoring
5%
Year 7 Monitoring
10%
6.0 Maintenance and long -term Sustainability
6.1 Maintenance
Adaptive measures will be developed or appropriate remedial actions will be implemented in the event
that the site or a specific component of the site fails to achieve the success criteria outlined in the final
Banking Instrument. The project— specific monitoring plan developed during the design phase will
identify an appropriate threshold for maintenance intervention based on the monitored items. Any
actions implemented will be designed to achieve the success criteria which will be specified in the
Banking Instrument, and will include a work schedule and updated monitoring criteria.
6.2 Long Term Management Provisions
The Bank Sponsor will institute a Long Term Management Plan responsible for assessing the condition
of the mitigation site and implementing maintenance provisions to maintain performance of the site.
The proposed conservation easement will help to ensure that only IRT - allowable activities take place
and will be transferred to an IRT approved non - profit organization once monitoring success criteria
have been achieved.
To monitor the project's continued success, the Long Term Management Plan will be implemented
following the seven -year monitoring period. All components of the restoration and enhancement.
project will be inspected annually or less frequently as needed to ensure that the project remains stable
in perpetuity. Sources of instability or other deficiencies will be addressed. Invasive species will be
Hoosier Dam Mitigation Bank Page g
Draft - Prospectus
managed annually or less frequently as needed to ensure the long term survivability of the planned
native vegetation community. All reporting will be documented and kept on file for future reference.
Hoosier Dam Mitigation Bank Page io
Draft - Prospectus
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