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Home My WebLink About20130411 Ver 1_Mitigation Bank Information_20130417ky�✓ towSjM0 ))V&tF, M 1) � L 20 1 3 0 4 i i Kulz, Eric From: Matthews, Monte K SAW [ Monte.K.Mafthews @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 @wildlandseng.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 Jean, 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 We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: htto: // pert .nwn.usace.army.mil /survey.html Thank you for taking the time to visit this site and complete the survey. - - - -- Original Message---- - From: John Hutton fmailto:ihutton @ wildlandsene.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 :, i 20 1304 1 1 Lower Swepsonville Dam Mitigation Bank Alamance County, NC DRAFT Prospectus April 15, 2013 �J WILDLANDS ENGINEERING Bank Sponsor. Wildlands Engineering, Inc. 1430 S Mint St, Suite 104 Charlotte, NC 28203 Phone: 704 - 332 -7754 Fax: 704 - 332 -3306 t ►� Lower Swepsonville Dam Mitigation Bank Draff - 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 .......................................................... ............................... 4 3.1 Bank Site Characterization ............................................................... ............................... 4 3.2 Baseline Site Conditions ................................................................... ............................... 5 3.2.1 Existing Streams ........................................................................ ............................... 5 3.2.2 FERC License ............................................................................. ............................... 5 3.2.3 Existing Vegetation ................................................................... ............................... 5 3.2.4 Threatened and Endangered Species ....................................... ............................... 5 3.2.5 Cultural Resources ..................................................................... ............................... 6 4.0 Mitigation Work Plan ........................................................................ ..............................6 5.0 Determination of Mitigation Credits ........................................... ............................... 7 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 APPENDIX Memorandum of Option Landowner Authorization Form Lower Swepsonville Mitigation Bank Draft - Prospectus The Bank Sponsor, Wildlands Engineering, Inc. (Wildlands), proposes to establish the Lower Swepsonville Dam Mitigation Bank (Bank) to provide compensatory stream mitigation credits to offset unavoidable impacts to Waters of the United States and /or State Waters. The proposed Bank site is located on the Haw River in Hydrologic Unit 03030002 (Figure i), approximately :L mile downstream of Swepsonville in Alamance County, NC. The Lower Swepsonville Dam Mitigation Bank (Bank) shall be planned and designed by Wildlands in one phase encompassing the Lower Swepsonville Dam and a significant length of the Haw River and Big Alamance Creek upstream of the current dam. 1.0 Mitigation Bank Introduction and Objectives 1.1 Introduction The Lower Swepsonville Dam is located on the Haw River in Alamance County within the Cape Fear River Basin. The dam, also known as the Puryear Mill Dam, impounds approximately 6,125 feet of the Haw River between the Lower and Upper Swepsonville Dams. It also impounds approximately 10,120 feet of Big Alamance Creek from NC Highway 87 downstream to its confluence with the Haw River, and 2,570 feet on four of its perennial tributaries. The North Carolina Wildlife Resources Commission has designated five freshwater mussels and two freshwater fish which are present in Alamance County as State protected species. Both of these fish species and two of these species of mussels are also listed as federal species of concern by the U.S. Fish and Wildlife Service. Removal of the dam will increase habitat for these freshwater fish and mussels in Big Alamance Creek and the Haw River. The dam also represents a significant blockage to migration and movement of non - protected fish and other aquatic species on the Haw River. Removal of the blockage created by the dam to provide access through this reach of the Haw River and to its tributaries would be of substantial long -term benefit to the local aquatic communities. The Lower Swepsonville Dam Mitigation Bank includes over 18,815 linear feet (LF) of the Haw River, Big Alamance Creek, and several tributaries. The Bank will be created through the following river restoration activities: • De- watering of the impoundment created by Lower Swepsonville Dam • Development and implementation of a sediment removal management plan for the historically inundated areas of the Haw River and Big Alamance Creek • Seeding, planting, and stabilization of the historic riverbank and exposed soils as the water level in the impoundment drops to minimize sediment discharge to downstream reaches • Removal of the Lower Swepsonville Dam embankment and spillway; and restoration of the Haw River at the dam site • Restore shallow water habitat within the previously impounded 6,125 linear feet (LF) of Haw River and 12,690 LF of Big Alamance Creek and its tributaries • Continue efforts to preserve the existing forested riparian buffer along the Haw River Lower Swepsonville Dam Mitigation Bank Page i Draft - Prospectus 1.2 Bank Location The proposed Bank site (36° 0'29"N, 79° 21' 44 "W) is located in Alamance County approximately 1 mile south of the of the Town of Swepsonville, North Carolina (Figure 2). The subject site is located on the Haw River in Hydrologic Unit (HU) 03030002 within the Cape Fear River Basin. To access the site from Raleigh, drive west on 1 -40 for approximately 5o miles. Take Exit i53 for NC 2i9 towards Mebane. Turn left on NC s29 South and drive south for approximately 4 miles. Continue straight onto E. Main Street and drive south for approximately s mile. Turn left onto Swepsonville- Saxapahaw Road and proceed southeast for approximately 0.2 miles. Turn right onto Viewmont Drive and proceed south for 0.3 miles. Continue onto Oakridge Drive for approximately o.i miles to the dam site on the right. 1.3 Bank Objectives The Bank will provide numerous ecological benefits within the Haw 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 i. Bank Goals and Methods of Achievement Lower Swepsonville Dam Mitigation Bank Prospectus Restoration of passagefor The dam embankment, spillway, and other facilities will be removed and protected aquatic species passage will be restored for aquatic species. Habitat will be restored for a number of State protected species and federal species of concern. Restoration of a natural flow Once the impoundment is drained and the dam is removed, the natural flow regime of Haw River and Big Alamance Creek will be restored. regime Restoration of currently The build -up of sediment within the impoundment will be removed once inundated shallow water habitat the lake is drained, and natural shallow water habitat will be restored on for aquatic species the Haw River and Big Alamance Creek. This may include in- stream structures to improve habitat diversity. Restoration of sediment supply Coarse and fine sediment has been captured in the impoundment 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 and to downstream reaches of the Haw River. Improved water quality and Seasonal thermal stratification within the impoundment has negatively decreased stream temperatures affected water temperatures and dissolved oxygen concentrations within the impoundment and downstream of Lower Swepsonville Dam. 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. Lower Swepsonville Dam Mitigation Bank Page 2 Draft - Prospectus 1.4 Qualifications of Bank Sponsor Bank Sponsor and Contact Information: Bank Sponsor /Agent Wildlands Engineering, Inc. 5605 Chapel Hill Road, Suite 122 Raleigh, NC 27607 Phone: 929-851 -9986 Fax: gig-852-9987 Attn: John Hutton, Vice - President Email: jhutton@wildiandseng.com 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 2.1 Ownership Agreements and Long -term Strategy The Lower Swepsonville Dam Site is located on a single parcel owned by one landowner, Swepsonville Hydro, LLC. An option agreement for the general project area has been signed by the property owner and a Memorandum of Option is recorded at the Alamance County Register of Deeds. The option agreement allows Wildlands to restrict the land use in perpetuity through a conservation easement. The landowner has signed the Landowner Authorization Form allowing the United States Army Corps of Engineers (USACE) to enter the site for assessment purposes. Copies of the recorded Memorandum of Option and the Landowner Authorization Form are included in the Appendix. 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) 03030002, which includes portions of Forsyth, Rockingham, Caswell, Guilford, Alamance, Randolph, Orange, Durham, Wake, and Chatham counties (Figure 3). Population growth within Cape Fear subbasins o3- 06 -01, 03- 06 -02, and 03 -06 -03 alone is expected to increase significantly in the next 20 years by over 150,000 people. The Bank will provide mitigation 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 03030002 has traditionally experienced one of the highest mitigation demand rates in the state. Since 2010, the NC Ecosystem Enhancement Program (EEP) has requested over Lower Swepsonville Dam Mitigation Bank Page 3 Draft - Prospectus 45,000 stream mitigation units in this HU. The EEP has also conducted three Local Watershed Plans in the HU which is an indicator of expected demand. 2.3 Need and Feasibility of Mitigation Bank The North Carolina Wildlife Resources Commission has designated five freshwater mussels and two freshwater fish which are present in Alamance County as State protected species. Both of these fish species and two of these species of mussels are also listed as federal species of concern by the U.S. Fish and Wildlife Service. Removal of the dam will increase habitat for these freshwater fish and mussels in Big Alamance Creek and the Haw River. Removal of the blockage created by the dam to provide access through this reach of the Haw River and to its tributaries would be of substantial long -term benefit to the local aquatic communities. The dam also represents a significant blockage to migration and movement of non - protected fish and other aquatic species on the Haw River. The impoundment caused by the dam inundates the shallow riverine habitat preferred by aquatic species. Removal of the blockage created by the dam to provide access through this reach of the Haw River and to its tributaries would be of substantial long -term benefit to the local aquatic communities. Wildlands is currently under contract with American Rivers to remove the Upper Swepsonville crib dam which is located at the upstream end of the impoundment created by Lower Swepsonville on the Haw River. De- construction of this dam is slated for Summer 2023. American Rivers is currently seeking funding to remove two other dams immediately upstream of the Upper Swepsonville Dam on the Haw River, Granite Mill and Indian River. Collectively with the removal of Lower Swepsonville, these projects will restore over 25 miles of the Haw River and its tributaries by removing barriers to fish migration, improving water quality, and restoring shallow water habitat. The water quality within the impoundment upstream of the dam 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 Lower Swepsonville Dam during this season can degrade water quality downstream in the Haw River. By removing the dam and the impoundment, the Bank will significantly improve water quality within this reach and to downstream reaches of the Haw River. 3.0 Ecological Suitability of Site 3.1 Bank Site Characterization Lower Swepsonville Dam is located within the Piedmont physiographic region and the Carolina Slate Belt, which is characterized by low summertime base flows. The Haw River originates in the northeastern portion of Forsyth County and flows east through Rockingham and Guilford counties before turning southeast into Alamance County. The Bank is located within Cape Fear River subbasin 03 -o6 -02 (NCDWQ 2005). The Bank has a watershed area of over 800 square miles at the Lower Swepsonville Dam. The population within the contributing watershed area in Year 2000 was approximately 450,000 residents, and contains portions of Reidsville, Greensboro, and Burlington. Land use within the contributing watershed area is predominately forested (59 percent) and agriculture (32 percent), with less than 7 percent urban development. The original Lower Swepsonville dam was constructed of mortared stone in the early 2800s, with cast concrete added in the 2920s. The hydroelectric power plant closed around 2970. The dam has a total Lower Swepsonville Dam Mitigation Bank Page 4 Draft - Prospectus length (including the powerhouse), of 575 feet and an average height of eight feet. Land use on the west bank of the Haw River consists of the public, 28 -hole Southwick Golf Course (Figure 4). Land use on the east bank is predominantly undisturbed woodland and rural residential land use. Lower Swepsonville Dam is responsible for the loss of natural flow regime and shallow water habitat to approximately 18,815 linear feet of stream ecosystem (6,225 linear feet within the Haw River and 12,690 linear feet of Big Alamance Creek and its tributaries). 3.2 Baseline Site Conditions 3.2.1 Existing Streams The impoundment occurs within the main channel of the Haw River, and is a "run of the river" impoundment with water depths ranging from four feet up to approximately eight feet (Figure 4). The majority of the banks are forested with riparian vegetation typical of the region, such as river birch (Betula nigra), box elder (Ater negundo), green ash (Fraxinus pennsylvanica), sycamore (Platanus occidentalis), shagbark and bitternut hickory (Carya spp.), and swamp chestnut, cherrybark, and willow oaks (Quercus spp.). The impoundment is restricted to the historic river channel. The reach of Big Alamance Creek inundated by the impoundment has widths that range from 5o to loo feet, with varying depths that are dependent upon the relationship between the channel thalweg and the elevation of the dam crest. The banks of Big Alamance Creek 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.). The stream beds just upstream of the limits of the impoundment consist primarily of boulder, cobble, and gravel substrate with shallow riffles. No headcuts were noted during a visual assessment of these reaches. 3.2.2 FERC License The hydroelectric facility at Lower Swepsonville Dam was closed around 1970. The dam does not have an active FERC license. 3.2.3 Existing Vegetation Except for the fairway of the 24th hole at Southwick Golf Course, the riparian buffer of the Haw River exists in varied widths around the impoundment. The banks of the Haw River and Big Alamance Creek 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.). In several areas, pasture areas and residential development have encroached within Zoo feet of the riverbank; otherwise, the riparian forest is largely intact for Zoo feet or more on both riverbanks. 3.2.4 Threatened and Endangered Species Wildlands conducted a search of the following databases: U.S. Fish and Wildlife Service (USFWS), North Carolina Wildlife Resources Commission (WRC), and NC Natural Heritage Program (NHP) for federally and state listed species. All state and federally listed rare, threatened, and endangered aquatic species with potential for occurrence in the project area are listed in Table 2. Lower Swepsonville Dam Mitigation Bank Page 5 Draft - Prospectus Table 2. State and Federally Listed Rare, Threatened, and Endangered Species in Alamance County, NC Vertebrate American eel (Anguilla rostrata) FSC Alamance Carolina darter FSC SC Alamance (Etheostoma collis le idinion) Invertebrate Carolina creekshell FSC E Alamance (Villosa vau haniana) Eastern Lampmussel T Alamance (Lam silis radiata) Creeper or Squawfoot T (Stro hitus undulates) Alamance Notched rainbow SC Alamance (Villosa constricta) Yellow lampmussel FSC E Alamance (Lam silis cariosa) Insect Damselfly SR Alamance (Bom hus se tima) 1 FSC = federal species of concern, 2 E = State Endangered, T = State Threatened, SC = State Species of Concern, SR = State Rare Wildlands will coordinate with the USFWS and WRC on issues related to these populations. 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. 3.2.5 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. The powerhouse is located off line from the main river and will not be removed as part of the project construction. 4.0 Mitigation Work Plan The removal of the Lower Swepsonville Dam, draining the impoundment, and restoration of the Haw 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. Wildlands will develop the demolition and sediment removal management plan to minimize water quality and ecological impacts to the Haw River and Big Alamance Creek. The Bank work plan consists of the following major stages: dewatering the impoundment, sediment management, complete removal of the dam, and restoring the Haw River, Big Alamance Creek, and its tributaries. These stages will be completed through the following restoration activities: Lower Swepsonville Dam Mitigation Bank Page 6 Draft - Prospectus • De- watering of the impoundment 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 the impoundment • Removal of the Lower Swepsonville Dam embankment and spillway • Restoration of the Haw River at the dam site • Removal of excess sediment that had settled out in the Haw River and Big Alamance Creek • Restore shallow water habitat on the Haw River and Big Alamance Creek affected by the impoundment (6,125 LF on the Haw River and 22,690 LF on Big Alamance Creek and its tributaries) • Continue efforts to preserve and protect the existing forested riparian buffer along the Haw River and Big Alamance Creek 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 the Haw River and Big Alamance Creek upstream of the dam site. 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 Lower Swepsonville Dam on the Haw River and Big Alamance Creek and its four perennial tributaries were initially estimated based on the water level of the impoundment,LIDAR data, and analysis of the relevant Federal Emergency Management Agency (FEMA) flood models. 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. Lower Swepsonville Dam Mitigation Bank Page 7 Draft - Prospectus Table 3. Proposed Stream Mitigation Units Lower Swepsonville Dam Mitigation Bank Mitigation Criteria Length (LF) Credit Ratio or Factor Stream Mitigation Units (SMU) Length of Stream Returned to Flowing Condition Haw River 6,125 1:1 6,125 Big Alamance Creek 10,120 1:1 10,120 Reach 1 520 1:1 520 Reach 2 600 1:1 600 Reach 3 1,175 1:1 1,175 Reach 4 275 1:1 2 Total Adjusted Maximum Credits 18,815 Adjustment based on Len th of Stream Protected 0% to 25% 1.0 0 _ Adjustment based on Rare, Endangered, and Threatened Species Species likely to colonize True 1.0 0 Species not likely to colonize False o.667 N/A Subtotal 18,815 15% Reduction 2,822 Total SMUs 1 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, factors for dam removal, and restoration of habitat for State protected aquatic species, an estimated 15,993 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: 1. 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. Lower Swepsonvdle Dam Mitigation Bank Page 8 Draft - Prospectus Table 4. Credit Release Schedule Lower Swepsonville 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 15% Year 1 Monitoring 10% Year z 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 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. Lower Swepsonville Dam Mitigation Bank Page 9 Draft - Prospectus FIGURES Figure i Vicinity Map Figure 2 Location Map Figure 3 Service Area Map Figure 4 Aerial Photograph Figure 5 Conceptual Plan Lower Swepsonvdle Dam Mitigation Bank Draft - Prospectus , I i - - - 8 -Digit HUC 2 j 03010103 03010104 i IM'�I►rw� <""O , I tsa1i 1 r 0302010a`.1 � - - -- ~1 fv n i I — M 1+ ¢3020201 j uu r lAn 30�jl�'�!� d I ljf eifs r TElo n Burl on 501 Yh( .4 Greensboro 70 ! -- , ti ai tla 4 f 00d'30002 Locatio' �Cl� _ ! 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'/• � a (� ). •{ �� \` it �� •y�., , `r0 � � \ � �til Meberi6 7.5; MirklI USGS Topographic Quadrangle , t Figure z Location Map �W TW ENGINEERING W I L ll L 11 N D � GINEERING 0 1,000 2,000 Feet Lower Swepsonville Dam Mitigation Bank I I I I I Pros ectus Alamance County, NC I Of - 8-Digit HUC Service Area )2 03010103 03010104 L*0201 01 -- — - — - - — - — - — - — - — - — - - — - --- — - — - all I.W 03P20201 16 05 03030002 Bank Location 0 t Are I Whi k 220 .0 kwAn A tlq fr—ki' 03040103 • 03040104 nt Ell WWILDLANDS ENGINEERING 03030003 N t It i(.,i I- f) I i ii'l I River AState P.6 Cary Caq I I F I- d`'' 03030004 F r 401 to Indm Fat d - cr",, 03040203 t tliil� P! Fort Bragg t,rtt 't Tr( I'Viaty Rewt,atim Figure 3 Service Area 0 5.5 11 Miles Lower Swepsonville Dam Mitigation Bank I I Prospectus Alarnance County, NC Figure 4Aerial Photograph 0 625 1,250 Feet Lower Swepsonville Dam Mitigation Bank %Zft W I L D L A N D S I I I I I Prospectus ENGINEERING Alamance County, NC Figure 5 Conceptual Map 0 625 1,250 Feet Lower Swepsonville Dam Mitigation Bank W I L D L A N D S I i i I I Prospectus W ENGINEERING Alamance County, NC APPENDIX Memorandum of Option Landowner Authorization Form Lower Swepsonville Dam Mitigation Bank Draft - Prospectus Doe I0: 011216490004 TYPO: W Recorded: 01/11/2013 at 02:17:44 PM Foe Amt: $26.00 Pape i of 4 Alamanee NO HUGH MEBt}TER RE6I6M OF DEEDS 4177416-819 RECORDING REQUESTED BY AND WYHEN RECORDED MAIL TO: —;;o Wiildlands Engineering, Inc. 1430 South Mint Street, Suite 104 Charlotte, NC 28203 Attention: Robert W. Bugg ABOVE THIS MEMORANDUM OF OPTION THIS MEMORANDUM OF OPTION j1his "Memorandum ") is made and entered into as of the date of the last execution, which date is the day of� �O /3• by and between Swepsonville Hydro, LLC (" Optionor"), and W ILDLANDS ENGINEERING, G, INC., a North Carolina corporation ("OPT"). WITNESSETH: WHEREAS, Optionor and Optionee have entered into that certain Agreement for Option to Purchase Conservation Easement dated as of an even date with this Memorandum (the "Option Agreement"): WHEREAS, the Option Agreement pertains to certain real property ("Property"), comprised of approximately 4 acres located off Oakridge Drive in the City of SMepsonvilie, County of Alamarnce, State of North Carolina recorded in the Alamance County Register of Deeds at Book 2581, Page 452. The Property is also identified as Tax Parcel Number 151406. Said Property being more specifically described on Attachment A (attached hereto and uncorporated herein by this reference). WHEREAS, Option or and Optionee desire to create notice of the Option Agreement in the Public Records of Lincoln County by the recitations contained in this Memorandum. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Opbww does hereby grant unto Optionee an option ( "Option ") to purchase a Conservation Easement on the Property upon the following the terms and conditions: 1. The Term of the Option shall expire on December 31, 2015 at which time it will automatically terminate and no longer be an encumbrance on the Property 4- 2012 v1 Vxf Book 3177 Page 816 Page Iof4 2. This Memorandum is subject to all conditions, terms and provisions of the Option Agreement, which is hereby adopted and made a part hereof by reference to the same in the same manner as if all the provisions of the Option Agreement were copied herein in full 3 In the event of a conflict between the terms of the Option Agreement and this Memorandum, the Option Agreement shall prevail. Reference should be made to the Option Agreement for a more detailed description of all matters contained in this Memorandum. 4. The Option Agreement and the terms and conditions contained herein and within the Option Agreement shall be binding upon the heirs, successors and assigns of the Optionor and Optionee IN WITNESS WHEREOF, Optionor and Optionee have executed this Memorandum effective as of the date first written above. OPTIONEE: WILDLANDS ENGINEERING, INC., a North CarolFame6lik.W.J n By: Print ` • Wr Ikw :od Tine: pra-a t-„ Date: �IIGI�Ii Hook 3177 Page 816 Page 2 of 4 OPTIONOR: Swepsonville Hydro, LLC., a North Carolina limited liability company BY B �� Print Name: K Lc /GL/f1�� a,'1 Title: f tcs�� r��b1T ��+1 f�lv r�a�c:✓ Date: li c %zor 3 -2- 2012 V1 0 �v Owner. Alton Bull PID: 9 -8A -52 Owner.Beamon Wyrk* PID: 9-8-1E Owner.Stephen Israel PID: 9-8-ID Owner.William Burke Robert PID: 9-8.8 Attachment A Lower Swepsonville Dam �W11.D1.AN I ) S f N(:INI f RING AfamanceCounty, NC •1✓ Book 3177 Page 816 Page 3 of 4 STATE OF NORTH CAROLINA COUNTY OF /))ec•��P,'��y 1 certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated a k ✓. /k�/sv, Date: (official signature of Notary) , Notary Public ROBERT W. MG (Notary's printed name) jro Cou My commission expires: $ I 3 !!�_ Noah Carolina STATE OF NORTH CAROLINA COUNTYOF /hek4 -S��k I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Mr /►')Ark u..11w name(s) of principal(s) Date: i -1d 2013 (official signature of Notary) Notary Public ROBERT W. (Notary's printed wfted name) M roue IMy commission expires: North Cato0m-----] -3- Book 3177 Page 816 Page 4 of 4 zofz v1 NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM LANDOWNER AUTHORIZATION FORM PROPERTY LEGAL DESCRITION: Deed Book: ;� 513/ Page: yS v� County: Al ew qo Ce Parcel ID Number: Z S/ YQ 6 Street Address: Q Gre,5 ca c. en J d/s Property Owner (please print: Property Owner (please print)- Ile .n Cr v//le, d,-o- GL. G The undersigned, registered property owner(s) of the above property, do hereby authorize Wildlands Engineering, Inc., the NC Department of Environment and Natural Resources, and the US Army Corps of Engineers, their employees, agents or assigns to have reasonable access to the above referenced property for the evaluation of the property as a potential stream, wetland and/or riparian buffer mitigation project, including conducting stream and/or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certification(s). Property Owners(s) Address: 0 0.3 Astir Sieeef (if different from above) Garib0ro 4(- a 3S16) Property Owner Telephone Number: Property Owner Telephone Number: I/We hereby certify the above information to be true and accurate to the best of my /our knowledge. 4 -2 I-- Ckv 17 (Property Owner Authorized Signature) (Date) (Property Owner Authorized Signature) (Date)