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HomeMy WebLinkAbout20130596 Ver 1_401 Application_20130813'`.- o Pe tem� 3 ^ ° 'S E i a �.er� PROGRAM August 15, 2013 Eric Kulz Division of Water Resources 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699 - 1650 Re: Permit Application- Stanley's Slough and Stanley's II Stream and Wetland Restoration Project, Northampton County (EEP Full Delivery Project) Dear Mr. Kulz, Attached for your review are two sets of copies of 401/404 permit application package and mitigation plans for Stanley's Slough and Stanley's II stream and wetland restoration project in Northampton County. A memo for the permit application fee is also included in the package. Please feel free to contact me with any questions regarding this plan (919- 707 - 8319). Thank you very much for your assistance. Sincerely J Lin Xu Attachment: 404/401 Permit Application Package (2 originals) Final Mitigation Plan (2 originals) Permit Application Fee Memo CD containing all electronic files AUG 1 9 2013 Rfs f1Y'"Jg.., ��... Pro� OU-r Std NG?ENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, N( 27699 -1652 / 919 -715 -0476 / www.nceep.net MEMORANDUM: TO: Cindy Perry FROM: Lin Xu 1,%1 SUBJECT: Payment of Permit Fee 401 Permit Application DATE: August 16, 2013 The Ecosystem Enhancement Program is implementing a mitigation project for Stanley's Slough and Stanley's II Site in Northampton County. The activities associated with this restoration project involve stream restoration related temporary stream impact. To conduct these activities the EEP must submit a Pre - construction Notification (PCN) Form to the Division of Water Resources (DWR) for review and approval. The DWR assesses a fee of $570.00 for this review. Please transfer $570.00 from Fund # 2984, Account # 535120 to DWR as payment for this review. If you have any questions concerning this matter I can be reached at 919 - 707 -8319. Thanks for your assistance. cc: Eric Kulz, DWR 9�� L9 AUG 1 9 2013 ... j'��%�; ��:� .. OFF „.��,- /,';•�'�v:.�'�.F`�... s ���v't.sv�� {� L.f �';r r awi” North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 -71S -0476 / www.nceep.net 404/401 Joint Permit Application Stanley's Slough and Stanley's II Stream and Wetland Restoration Project KCI Project Number — 20122005/20133815 EEP Project Number — 95356/95838 ACOE Project Number — SAW- 2012 -01918 cnNTFNTS 404 -401 Appli PCN Form Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 cation —Approved Categorical Exclusion Report — FEMA "No Action" Certification - Mitigation Plan Approval Letter from ACOE - Mitigation Plan Response Letter from KCI - Final Mitigation Plan U.S. ARMY CORPS OF ENGINEERS APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL N0. EXPIRES: 28 FEBRUARY RY 20 2013 3 33 CFR 325. The proponent agency is CECW -CO -R. Public reporting for this collection of information is estimated to average 11 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of the collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters, Executive Services and Communications Directorate, Information Management Division and to the Office of Management and Budget, Paperwork Reduction Project (0710- 0003). Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries Act, Section 103, 33 USC 1413; Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320 -332. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public and may be made available as part of a public notice as required by Federal law. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and /or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETE (ITEMS BELOW TO BE FILLED BYAPPLICAN7) 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (agent is not required) First - Tim Middle - Last - Baumgartner First - Timothy Middle -J. Last - Morris Company - NC DENR Ecosystem Enhancement Program Company - KCI Technologies, Inc. E -mail Address - tim.baumgartner @ncdenr.gov E -mail Address - tim.morris @kci.com 6. APPLICANT'S ADDRESS: 9. AGENT'S ADDRESS: Address- 217 West Jones St., Suite 3000A Address- 4601 Six Forks Rd., Suite 220 City - Raleigh State - NC Zip - 27603 Country -USA City - Raleigh State - NC Zip-27609 Country-USA 7. APPLICANT'S PHONE NOs. w /AREA CODE 10. AGENTS PHONE NOs. MAREA CODE a. Residence b. Business c. Fax a. Residence b. Business c. Fax (919)707 -8291 (919)707 -8976 (919)278 -2511 (919)783 -9266 STATEMENT OF AUTHORIZATION 11. 1 hereby authorize, Timothy J. Morris to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. SIGNATURE OF APPLICANT DATE NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) Stanley's Slough and Stanley's II Stream and Wetland Restoration Site 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable) Tributary to Meherrin River Address Margarettsville Road City - Margarettsville State NC Zip- 27853 15. LOCATION OF PROJECT Latitude: -N 36.539006 Longitude: -W - 77.348222 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) State Tax Parcel ID 4081 -58 -2207, 4081 -49 -0166 Municipality Margarettsville, NC Section - Township - Wiccancanee Range - ENG FORM 4345, OCT 2012 PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 3 17. DIRECTIONS TO THE SITE To reach the site from Raleigh: proceed east on US -64 for approximately 45 miles. Then travel on I -95 north towards Richmond for approximately 37 miles. Turn onto NC 46 towards Gaston /Garrysburg and travel approximately 3 miles then turn left onto US 301 north. Travel 0.1 miles and then make a slight left onto NC 186 north. Travel about 13 miles and then turn left onto Margarettsville Road. The site will be approximately 0.3 miles straight ahead. 18. Nature of Activity (Description of project, include all features) The Stanley's Slough and Stanley's II Stream and Wetland Restoration Sites are two full- delivery mitigation projects being developed for the North Carolina Ecosystem Enhancement Program (EEP). The projects are part of a former riparian wetland system in the Chowan River Basin (03010204 8 -digit HUC) in northern Northampton County, North Carolina that has been substantially modified to maximize agricultural production. The site offers the chance to restore impacted agricultural lands to riparian wetland and stream habitat. The project goals will be addressed through the following objectives: Restore a diverse headwater stream /wetland vegetation community through maintenance and germination of existing seed stores, planting of native trees and shrubs and incorporation of a custom native seed mix, elevate the local groundwater table through the elimination of lateral drainage ditches and modification of existing channelized streams, and reconnect site hydrology to historic flow paths. 19. Project Purpose (Describe the reason or purpose of the project, see instructions) The Chowan River Basin Restoration Priorities state the goals for the 14 -digit HUC are to protect and improve water quality throughout the Basin by reducing sediment and nutrient inputs into streams and rivers and to support efforts to restore local watersheds (NCEEP 2009). The project goals for these projects are in line with the basin priorities and include the following: restore streams and riparian buffers to provide shade and temperature control and increase in stream woody debris for habitat, restore and protect sensitive aquatic resources to improve habitat and species diversity through the restoration of wetlands streams and riparian buffers, implement wetland, stream and shoreline restoration projects that reduce sources of sedimentation, nutrient pollution and surface runoff by restoring hydrology and vegetation, stabilizing banks and restoring natural geomorphology where appropriate, increase the local hydroperiod by encouraging both surface and subsurface storage and retention, and restore and establish a functional and diverse headwater stream /wetland community USE BLOCKS 20 -23 IF DREDGED AND /OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge Fill material will be discharged into existing wetlands and streams to allow for the proper restoration of the impacted aquatic resources. 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards: Type Type Type Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards Fill Dirt - Approximately 4,896 CY 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Acres 1.52 acres (0.19 acres wetlands, 1.33 acres of streams) or Linear Feet 3,600 linear feet of streams 23. Description of Avoidance, Minimization, and Compensation (see instructions) In order to reestablish wetland hydrology throughout a much larger area, these impacted drainage features (and existing wetlands and streams) will be filled. We anticipate that filling these ditches will result in the upward movement of groundwater that would in turn serve to extend the hydroperiod and allow the growth and propagation of hydrophytic vegetation. A pump around will be utilized to conduct all stream restoration work in the dry. Sediment and erosion control measures such as silt fence, straw wattles, rock silt screens and daily stabilization will be used to minimize impacts during construction. ENG FORM 4345, OCT 2012 Page 2 of 3 24. Is Any Portion of the Work Already Complete? Yes OX No IF YES, DESCRIBE THE COMPLETED WORK 25. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a supplemental list). a. Address- 213 Margarettsville St. City - Margarettsville State - NC Zip - 27853 b. Address- 189 Margarettsville St. City- Margarettsville State - NC Zip - 27853 c. Address- 3715 Oaklawn Rd. City - Fort Washington State - MD Zip - 20744 d. Address- 972 Jordan Mill Rd. City - Seaboard State - NC Zip - 27876 e. Address - City - State - Zip - 26. List of Other Certificates or Approvals /Denials received from other Federal, State, or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL* IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED NUMBER * Would include but is not restricted to zoning, building, and flood plain permits 27. Application is hereby made for permit or permits to authorize the work described in this application. I certify that this information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. tim.morris @kci.com SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. ENG FORM 4345, OCT 2012 Page 3 of 3 o�pF W A 7gpG r Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form —Version 1.4 January 2009 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes X❑ No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ❑X No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes 0 No 2. Project Information 2a. Name of project: Stanley's Slough and Stanley's II Stream and Wetland Restoration Sites 2b. County: Northampton 2c. Nearest municipality / town: Margarettsville, NC 2d. Subdivision name: NA 2e. NCDOT only, T.I.P. or state project no: NA 3. Owner Information 3a. Name(s) on Recorded Deed: W.E. Vaughn /Stanley Garriss 3b. Deed Book and Page No. DB 336 PG 148/DB 875 PG 760 3c. Responsible Party (for LLC if applicable): NA 3d. Street address: 253 Margarettsville Street/6523 NC Highway 186 3e. City, state, zip: Margarettsville, NC 27853 3f. Telephone no.: (252)589- 9301/(252)589 -3131 3g. Fax no.: NA 3h. Email address: NA Page 1 of 10 PCN Form —Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: Tim Baumgartner 4c. Business name (if applicable): NCDENR Ecosystem Enhancement Program 4d. Street address: 217 West Jones Street, Suite 3000A or 1652 Mail Service Center 4e. City, state, zip: Raleigh, NC 27603 or Raleigh NC 27699 -1652 4f. Telephone no.: (919)707 -8543 4g. Fax no.: (919)707 -8976 4h. Email address: tim.baumgartner @ncdenr.gov 5. Agent/Consultant Information (if applicable) 5a. Name: Timothy J. Morris 5b. Business name (if applicable): KCI Technologies, Inc. 5c. Street address: 4601 Six Forks Road, Suite 220 5d. City, state, zip: Raleigh, NC 27609 5e. Telephone no.: (919)278 -2511 5f. Fax no.: (919)783 -9266 5g. Email address: tim.morris @kci.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 4081 -58 -2207, 4081 -49 -0166 1 b. Site coordinates (in decimal degrees): Latitude: 36.539006 Longitude: - 77.348222 1 c. Property size: 254 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Meherrin River 2b. Water Quality Classification of nearest receiving water: Class C NSW 2c. River basin: Chowan 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project site is bounded by NC 186 to the south and by agricultural land on all other sides. The site has a long history of hydrologic modification in order to allow for farming to take place on the property. The surrounding area is rural with low development pressure at this time. 3b. List the total estimated acreage of all existing wetlands on the property: 2.4 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 9,000 3d. Explain the purpose of the proposed project: This project is an environmental mitigation project that will restore approximately 9.5 acres of riparian wetlands and approximately 4,300 If of streams. 3e. A mitigation Describe the overall project in detail, including the type of equipment to be used: plan has been included as an attachment to this application. The mitigation plan explains the project in detail. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Steve Stokes Agency /Consultant Company: KCI Associates of NC Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. November 29, 2012 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes X❑ No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 T Type In (Other) Small -Basin Wetland Yes Corps 0.07 W2 T Fill Small -Basin Wetland No Corps 0.07 W3 T Fill Small -Basin Wetland No Corps 0.05 W4 Choose one Choose one No W5 Choose one Choose one No W6 Choose one Choose one No 2g. Total Wetland Impacts: 0.19 2h. Comments: Existing fringe wetlands along man -made drainage features will be filled to allow the local groundwater elevation to restore jurisdictional hydrology within surrounding areas. Impacted (filled) areas will ultimately be restored as part of the overall mitigation plan and thus are considered temporary impacts for the purpose of this application. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Relocation /Fill UT1 to Meherrin River PER Corps 16 3,600 S2 Choose one S3 Choose one S4 Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 7,584 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose O2 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet ) 6g. Zone 2 impact (square feet BI Yes /No B2 Yes /No B3 Yes /No B4 Yes /No B5 Yes /No B6 Yes /No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. We are applying for a Nationwide 27 permit. This permit authorizes impacts to jurisdictional waters for the purpose of conducting aquatic habitat restoration, establishment and enhancement activities. This project will provide stream and wetland mitigation credits for impacts elsewhere within this 8 -digit HUC. The site offers an ideal opportunity to improve a series of headwater streams and to restore areas of impacted agricultural land to wetland habitat. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. In order to reestablish wetland hydrology throughout a much larger area, these drainage features (and existing wetlands) will be filled. We anticipate that filling these ditches will result in the upward movement of groundwater that would in turn serve to extend the hydroperiod and allow the growth and propagation of hydrophytic vegetation. A pump around will be utilized to conduct all stream restoration work in the dry. Sediment and erosion control measures such as silt fence, straw wattles, rock silt screens and daily stabilization will be used to minimize impacts during construction. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non- riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ® Yes OX No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0 2b. Does this project require a Stormwater Management Plan? ❑ Yes ❑X No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This is a wetland restoration project and so no impervious area will be created. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Northampton County ❑ Phase II ❑ NSW 3b. Which of the following locally - implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8of10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal /state /local) funds or the ❑X Yes ❑ No use of public (federal /state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑X Yes ❑ No (North Carolina) Environmental Policy Act (NEPA /SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval Yes ❑X No letter.) A Categorical Exclusion report has been prepared and is included as an attachment to this permit application. Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑ Yes X❑ No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ❑X No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. This is a wetland restoration protect, no wastewater will be generated. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or FX-1 Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act 0 Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? - NCDENR, Wildlife Resources Commission. Carolina Wildlife Profiles. http:// www. ncwildlife. org /fs_index_07_conservation.htm - United States Fish and Wildlife Service. North Carolina's Threatened and Endangered Species. http: / /www.fws.gov /southeast/es /county %201ists.htm 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? http: / /www.saw. usace. army. mil /wetlands /N WP2007 /specialwaters. htmi 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑X No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? See attached Categorical Exclusion Report and Correspondence with John Mintz, State Archaeologist 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ❑X Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: We have coordinated with the Northampton County Floodplain Administrator (William E. Flynn) for this project. They have determined the project has been approved as a "No Action" required. Documentation is enclosed as an attachment to this permit application. 8c. What source(s) did you use to make the floodplain determination? HEC -RAS Mr. Tim Baumgartner NC DENR, EEP Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 Attachment 1 Categorical Exclusion Report 00 pe ON pe 00 ON PW 00 ON 0W 00 00 00 PW ON 00 ON ON 00 ON ON ON PW 00 rW WE ON WIP rP ON ON ON WE 00 ON ON 0W r/ w! r Categorical Exclusion Form for Ecosystem Enhancement Program Projects Version 1.4 Note: Only Appendix A should to be submitted (along with any supporting documentation) as the environmental document. Project Part 1: General Project Name: Stanley's Slough Stream Restoration Project Count Name: Northampton County, NC EEP Number: 95356 Project Sponsor: KCI Technologies, Inc. Project Contact Name: Tim Morris Project Contact Address: 4609 Six Forks Rd, Suite 220, Raleigh, NC 27609 Project Contact E -mail: tim.morris@kci.com EEP Project Manager: Heather Smith Project Description The Stanley's Slough stream and wetland restoration project will restore 4,248 linear feet of coastal plain stream and 2.8 acres of riparian wetland that have impacted by years of agricultural use. This work will occur on two headwater streams that drain directly to the Meherrin River. For Official Use Only Reviewed By: - Date EEP Project Manager Conditional Approved By: Date For Division Administrator FHWA ❑ Check this box if there are outstanding issues Final Approval By: 'z- Z, ),— ' Date For Division Administrator FHWA SEA' 2 8 2012 NC ECOSYSTEM Version 1 4$ /ti105oGrtA Part 2: All Projects Regulation/Q . Regulation/Question Response Coastal Zone Management Act CZMA 1. Is the project located in a CAMA county? ❑ Yes ® No 2. Does the project involve ground- disturbing activities within a CAMA Area of ❑ Yes Environmental Concern (AEC)? ❑ No ® N/A 3. Has a CAMA permit been secured? ❑ Yes ❑ No ® N/A 4. Has NCDCM agreed that the project is consistent with the NC Coastal Management ❑ Yes Program? ❑ No ® N/A Comprehensive Environmental Response, Compensation and Liabilit Act CERCLA 1. Is this a "full- delivery" project? ® Yes ❑ No 2. Has the zoning /land use of the subject property and adjacent properties ever been ❑ Yes designated as commercial or industrial? ® No ❑ N/A 3. As a result of a limited Phase I Site Assessment, are there known or potential ❑ Yes hazardous waste sites within or adjacent to the project area? ® No ❑ N/A 4. As a result of a Phase I Site Assessment, are there known or potential hazardous ❑ Yes waste sites within or adjacent to the project area? ❑ No ® N/A 5. As a result of a Phase 11 Site Assessment, are there known or potential hazardous ❑ Yes waste sites within the project area? ❑ No ® N/A 6. Is there an approved hazardous mitigation plan? ❑ Yes ❑ No ® N/A National Historic Preservation Act Section 106 1. Are there properties listed on, or eligible for listing on, the National Register of ❑ Yes Historic Places in the project area? ® No 2. Does the project affect such properties and does the SHPO/THPO concur? ❑ Yes ❑ No ® N/A 3. If the effects are adverse, have they been resolved? ❑ Yes ❑ No ® N/A Uniform Relocation Assistance and Real Property Acquisition Policies Act Uniform Act 1. Is this a "full - delivery" project? ® Yes ❑ No 2. Does the project require the acquisition of real estate? ® Yes ❑ No ❑ N/A 3. Was the property acquisition completed prior to the intent to use federal funds? ❑ Yes ® No ❑ N/A 4. Has the owner of the property been informed: ® Yes * prior to making an offer that the agency does not have condemnation authority; and ❑ No * what the fair market value is believed to be? ❑ N/A Version 1.4, 8/18/05 Part 3: Ground-Disturbing Activities Regulation/Q . Regulation/Question Response American Indian Religious Freedom Act AIRFA 1. Is the project located in a county claimed as "territory" by the Eastern Band of ❑ Yes Cherokee Indians? ® No 2. Is the site of religious importance to American Indians? ❑ Yes ❑ No ® N/A 3. Is the project listed on, or eligible for listing on, the National Register of Historic ❑ Yes Places? ❑ No ® N/A 4. Have the effects of the project on this site been considered? ❑ Yes ❑ No ® N/A Antiquities Act AA 1. Is the project located on Federal lands? ❑ Yes ® No 2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects ❑ Yes of antiquity? ❑ No ® N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ® N/A 4. Has a permit been obtained? ❑ Yes ❑ No ® N/A Archaeological Resources Protection Act ARPA 1. Is the project located on federal or Indian lands (reservation)? ❑ Yes ® No 2. Will there be a loss or destruction of archaeological resources? ❑ Yes ❑ No ® N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ® N/A 4. Has a permit been obtained? ❑ Yes ❑ No ® N/A Endangered Species Act ESA 1. Are federal Threatened and Endangered species and /or Designated Critical Habitat ® Yes listed for the county? ❑ No 2. Is Designated Critical Habitat or suitable habitat present for listed species? ❑ Yes ® No ❑ N/A 3. Are T &E species present or is the project being conducted in Designated Critical ❑ Yes Habitat? ® No ❑ N/A 4. Is the project "likely to adversely affect" the specie and /or "likely to adversely modify" ❑ Yes Designated Critical Habitat? ❑ No ® N/A 5. Does the USFWS /NOAA- Fisheries concur in the effects determination? ® Yes (By virtue of no- response) ❑ No ❑ N/A 6. Has the USFWS /NOAA- Fisheries rendered a "jeopardy" determination? ❑ Yes ❑ No ® N/A Version 1.4, 8/18/05 Executive Order 13007 Indian Sacred Sites 1. Is the project located on Federal lands that are within a county claimed as "territory" ❑ Yes by the EBCI? ® No 2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed ❑ Yes project? ❑ No ® N/A 3. Have accommodations been made for access to and ceremonial use of Indian sacred ❑ Yes sites? ❑ No ® N/A Farmland Protection Policy Act FPPA 1. Will real estate be acquired? ® Yes ❑ No 2. Has NRCS determined that the project contains prime, unique, statewide or local ® Yes important farmland? ❑ No ❑ N/A 3. Has the completed Form AD -1006 been submitted to NRCS? ® Yes ❑ No ❑ N/A Fish and Wildlife Coordination Act FWCA 1. Will the project impound, divert, channel deepen, or otherwise control /modify any ® Yes water body? ❑ No 2. Have the USFWS and the NCWRC been consulted? ® Yes ❑ No ❑ N/A Land and Water Conservation Fund Act Section 6 f 1. Will the project require the conversion of such property to a use other than public, ❑ Yes outdoor recreation? ® No 2. Has the NPS approved of the conversion? ❑ Yes ❑ No ® N/A Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat 1. Is the project located in an estuarine system? ❑ Yes ® No 2. Is suitable habitat present for EFH- protected species? ❑ Yes ❑ No ® N/A 3. Is sufficient design information available to make a determination of the effect of the ❑ Yes project on EFH? ❑ No ® N/A 4. Will the project adversely affect EFH? ❑ Yes ❑ No ® N/A 5. Has consultation with NOAH- Fisheries occurred? ❑ Yes ❑ No ® N/A Migratory Bird Treat Act MBTA 1. Does the USFWS have any recommendations with the project relative to the MBTA? ❑ Yes ® No 2. Have the USFWS recommendations been incorporated? ❑ Yes ❑ No ® N/A Wilderness Act 1. Is the project in a Wilderness area? ❑ Yes ® No 2. Has a special use permit and /or easement been obtained from the maintaining ❑ Yes federal agency? ❑ No ® N/A Version 1.4, 8/18/05 Categorical Exclusion Form for Ecosystem Enhancement Program Projects Version 1.4 Note: Only Appendix A should to be submitted (along with any supporting documentation) as the environmental document. ' General Project Name. Stanley's II Wetland Restoration Project Count Name: Northampton County, NC EEP Number: 95838 Project Sponsor: KCI Technologies, Inc. Project Contact Name: Tim Morris Project Contact Address: 4601 Six Forks Rd, Suite 220, Raleigh, NC 27609 Project Contact E -mail: tim.morris@kci.com EEP Project Manager: Heather Smith Project Description The Stanley's II wetland restoration project will restore 6.5 acres of riparian wetland that have impacted by years of agricultural use. This work will occur on two headwater streams that drain directly to the Meherrin River. For Official Use Only Reviewed By: Date EEP Project Manager Conditional Approved By: Date For Division Administrator FHWA ❑ Check this box if there are outstanding issues Final Approval By: ,�-- 9,& /, &-,—, /0, - /3 Date - For Division Administrator FHWA Version 1.4, 8118105 Part 2: All Projects Regulation/Q . Regulation/Question Response Coastal Zone Management Act CZMA 1. Is the project located in a CAMA county? ❑ Yes ® No 2. Does the project involve ground- disturbing activities within a CAMA Area of ❑ Yes Environmental Concern (AEC)? ❑ No ® N/A 3. Has a CAMA permit been secured? ❑ Yes ❑ No ® N/A 4. Has NCDCM agreed that the project is consistent with the NC Coastal Management ❑ Yes Program? ❑ No ® N/A Comprehensive Environmental Response, Compensation and Liabilit Act CERCLA 1. Is this a "full- delivery" project? ® Yes ❑ No 2. Has the zoning /land use of the subject property and adjacent properties ever been ❑ Yes designated as commercial or industrial? ® No ❑ N/A 3. As a result of a limited Phase I Site Assessment, are there known or potential ❑ Yes hazardous waste sites within or adjacent to the project area? ® No ❑ N/A 4. As a result of a Phase I Site Assessment, are there known or potential hazardous ❑ Yes waste sites within or adjacent to the project area? ❑ No ® N/A 5. As a result of a Phase 11 Site Assessment, are there known or potential hazardous ❑ Yes waste sites within the project area? ❑ No ® N/A 6. Is there an approved hazardous mitigation plan? ❑ Yes ❑ No ® N/A National Historic Preservation Act Section 106 1. Are there properties listed on, or eligible for listing on, the National Register of ❑ Yes Historic Places in the project area? ® No 2. Does the project affect such properties and does the SHPO /THPO concur? ❑ Yes ❑ No ® N/A 3. If the effects are adverse, have they been resolved? ❑ Yes ❑ No ® N/A Uniform Relocation Assistance and Real Property Acquisition Policies Act Uniform Act 1. Is this a "full - delivery" project? ® Yes ❑ No 2. Does the project require the acquisition of real estate? ® Yes ❑ No ❑ N/A 3. Was the property acquisition completed prior to the intent to use federal funds? ❑ Yes ® No ❑ N/A 4. Has the owner of the property been informed: ® Yes * prior to making an offer that the agency does not have condemnation authority; and ❑ No * what the fair market value is believed to be? ❑ N/A Version 1.4, 8/18/05 Part 3: Ground-Disturbing Activities Regulation/Q . Regulation/Question Response American Indian Religious Freedom Act AIRFA 1. Is the project located in a county claimed as "territory" by the Eastern Band of ❑ Yes Cherokee Indians? ® No 2. Is the site of religious importance to American Indians? ❑ Yes ❑ No ® N/A 3. Is the project listed on, or eligible for listing on, the National Register of Historic ❑ Yes Places? ❑ No ® N/A 4. Have the effects of the project on this site been considered? ❑ Yes ❑ No ® N/A Antiquities Act AA 1. Is the project located on Federal lands? ❑ Yes ® No 2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects ❑ Yes of antiquity? ❑ No ® N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ® N/A 4. Has a permit been obtained? ❑ Yes ❑ No ® N/A Archaeological Resources Protection Act ARPA 1. Is the project located on federal or Indian lands (reservation)? ❑ Yes ® No 2. Will there be a loss or destruction of archaeological resources? ❑ Yes ❑ No ® N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ® N/A 4. Has a permit been obtained? ❑ Yes ❑ No ® N/A Endangered Species Act ESA 1. Are federal Threatened and Endangered species and /or Designated Critical Habitat ® Yes listed for the county? ❑ No 2. Is Designated Critical Habitat or suitable habitat present for listed species? ❑ Yes ® No ❑ N/A 3. Are T &E species present or is the project being conducted in Designated Critical ❑ Yes Habitat? ® No ❑ N/A 4. Is the project "likely to adversely affect" the specie and /or "likely to adversely modify" ❑ Yes Designated Critical Habitat? ❑ No ® N/A 5. Does the USFWS /NOAA- Fisheries concur in the effects determination? ® Yes (By virtue of no- response) ❑ No ❑ N/A 6. Has the USFWS /NOAA- Fisheries rendered a "jeopardy" determination? ❑ Yes ❑ No ® N/A Version 1.4, 8/18/05 Executive Order 13007 Indian Sacred Sites 1. Is the project located on Federal lands that are within a county claimed as "territory" ❑ Yes by the EBCI? ® No 2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed ❑ Yes project? ❑ No ® N/A 3. Have accommodations been made for access to and ceremonial use of Indian sacred ❑ Yes sites? ❑ No ® N/A Farmland Protection Policy Act FPPA 1. Will real estate be acquired? ® Yes ❑ No 2. Has NRCS determined that the project contains prime, unique, statewide or local ® Yes important farmland? ❑ No ❑ N/A 3. Has the completed Form AD -1006 been submitted to NRCS? ® Yes ❑ No ❑ N/A Fish and Wildlife Coordination Act FWCA 1. Will the project impound, divert, channel deepen, or otherwise control /modify any ® Yes water body? ❑ No 2. Have the USFWS and the NCWRC been consulted? ® Yes ❑ No ❑ N/A Land and Water Conservation Fund Act Section 6 f 1. Will the project require the conversion of such property to a use other than public, ❑ Yes outdoor recreation? ® No 2. Has the NPS approved of the conversion? ❑ Yes ❑ No ® N/A Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat 1. Is the project located in an estuarine system? ❑ Yes ® No 2. Is suitable habitat present for EFH- protected species? ❑ Yes ❑ No ® N/A 3. Is sufficient design information available to make a determination of the effect of the ❑ Yes project on EFH? ❑ No ® N/A 4. Will the project adversely affect EFH? ❑ Yes ❑ No ® N/A 5. Has consultation with NOAH- Fisheries occurred? ❑ Yes ❑ No ® N/A Migratory Bird Treat Act MBTA 1. Does the USFWS have any recommendations with the project relative to the MBTA? ❑ Yes ® No 2. Have the USFWS recommendations been incorporated? ❑ Yes ❑ No ® N/A Wilderness Act 1. Is the project in a Wilderness area? ❑ Yes ® No 2. Has a special use permit and /or easement been obtained from the maintaining ❑ Yes federal agency? ❑ No ® N/A Version 1.4, 8/18/05 Attachment 2 FEMA Checklist EEP Floodplain Requirements Checklist This form was developed by the National Flood Insurance program, NC Floodplain Mapping program and Ecosystem Enhancement Program to be filled for all EEP projects. The form is intended to summarize the floodplain requirements during the design phase of the projects. The form should be submitted to the Local Floodplain Administrator with three copies submitted to NFIP (attn. State NFIP Engineer), NC Floodplain Mapping Unit (attn. State NFIP Coordinator) and NC Ecosystem Enhancement Program. Project Location Name of project: Stanley's Slough Stream and Wetland Restoration Site / Stanley's 11 Wetland Restoration Site Name if stream or feature: Backwater of Meherrin River County: Northampton County Name of river basin: Chowan Is project urban or rural? Rural Name of Jurisdictional municipality /county: Northampton County DFIRM panel number for entire site: 4080 Consultant name: KCI Technologies, Inc. Phone number: 919 -783 -9214 Address: 4601 Six Forks Rd. Raleigh, NC 27609 FEMAAFloodplain_Checklist Stanley's Slough (2) Page 1 of 4 Design Information Provide a general description of project (one paragraph). Include project limits on a reference orthophotograph at a scale of 1" = 500 ". Summarize stream reaches or wetland areas according to their restoration priority Reach Length - --- - - - - -- - - - - - -- - Priority Tributary 1 3, 097 eet Headwater Restoration Tributary 2 1, 221 feet Headwater Restoration Wetland Reestablishment (Stanley's Slough) 2.8 acres Reestablishment Wetland Rehabilitation (Stanley's Slough) 0.8 acre Rehabilitation Wetland Reestablishment (Stanley's II) 6.4 acre Reestablishment Wetland Rehabilitation (Stanley's II) 1.1 acre Rehabilitation Floodplain Information Is project located in a Special Flood Hazard Area (SFHA)? r Yes I- No If project is located in a SFHA, check how it was determined: r Redehneation r Detailed Study W Limited Detail Study r Approximate Study F- Don't know List flood zone designation: Check if applies: r AE Zone Floodway r Non - Encroachment t* None T" A Zone d" Local Setbacks Required r No Local Setbacks Required FEMA_Floodplain_Checklist Stanley's Slough (2) Page 2 of 4 If local setbacks are required, list how many feet: Does proposed channel boundary encroach outside floodway /non- encroachment/setbacks? Yes f- No Land Acquisition (Check) r- State owned (fee simple) l-'" Conservation easment (Design Bid Build) 1v Conservation Easement (Full Delivery Project) Note: if the project property is state - owned, then all requirements should be addressed to the Department of Administration, State Construction Office (attn: Herbert Neily, (919) 807 -4101) Is community /county participating in the NFIP program? 0 Yes f- No Note: if community is not participating, then all requirements should be addressed to NFIP (attn: State NFIP Engineer, (919) 715 -8000) Name of Local Floodplain Administrator: William Flynn Phone Number: (252) 534 -1905 Floodplain Requirements This section to be filled by designer /applicant following verification with the LFPA 17 No Action fi No Rise l- Letter of Map Revision F Conditional Letter of Map Revision r- Other Requirements List other requirements: Comments: FEMA Floodplai€ — checklist Stanley's Slough (2) Page 3 of 4 Name: Signature: Title: 13 t r�Q Date: -1-1- FEMA Floodplain_Checklist Stanley's Slough (2) Page 4 of 4 Attachment 3 Mitigation Plan Approval Letter from ACOE DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 -1343 REPLY TO ATTENTION OF 12 August, 2013 Regulatory Division Re: NCIRT Review and USACE Approval of the Stanley's Slough (Sections I and II) Combined Draft Mitigation Plan; SAW 2012 - 01918; EEP # 95356 (I) and 95838 (II) Mr. Michael Ellison North Carolina Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699 -1652 Dear Mr. Ellison: The purpose of this letter is to provide the North Carolina Ecosystem Enhancement Program (NCEEP) with all comments generated by the North Carolina Interagency Review Team ( NCIRT) during the 30 -day comment period for the Stanley's Slough Combined Draft Mitigation Plan, which closed on 17 July, 2013. These comments are attached for your review. Based on our review of these comments, we have determined that no major concerns have been identified with the Draft Mitigation Plan. However, the minor issues with the Draft as discussed in the attached comment memo must be addressed in the Final Mitigation Plan. The Final Mitigation Plan is to be submitted with the Preconstruction Notification (PCN) Application for Nationwide permit approval of the project along with a copy of this letter and a summation of the addressed comments. If it is determined that the project does not require a Department of the Army permit, you must still provide a copy of the Final Mitigation Plan, along with a copy of this letter, to the appropriate USACE field office at least 30 days in advance of beginning construction of the project. Please note that this approval does not preclude the inclusion of permit conditions in the permit authorization for the project, particularly if issues mentioned above are not satisfactorily addressed. Additionally, this letter provides initial approval for the Mitigation Plan, but this does not guarantee that the project will generate the requested amount of mitigation credit. As you are aware, unforeseen issues may arise during construction or monitoring of the project that may require maintenance or reconstruction that may lead to reduced credit. Thank you for your prompt attention to this matter, and if you have any questions regarding this letter, the mitigation plan review process, or the requirements of the Mitigation Rule, please call me at 919 - 846 -2564. Sincerely, Tyler Crumbley Regulatory Specialist Enclosures Electronic Copies Furnished: NCIRT Distribution List CESAW- RG/Wicker CESAW- RG -R/T. Brown Jeff Jurek, NCEEP Heather Smith, NCEEP REPLY TO ATTENTION OF CESAW -RG /Crumbley DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 -1343 MEMORANDUM FOR RECORD 26 July, 2013 SUBJECT: Stanley's Slough I and Stanley's II- NCIRT Comments During 30 -day Mitigation Plan Review Purpose: The comments and responses listed below were posted to the NCEEP Mitigation Plan Review Portal during the 30 -day comment period in accordance with Section 332.8(8) of the 2008 Mitigation Rule. NCEEP Project Name: Stanley's Slough and Stanley's II Stream and Wetland Restoration Site, Northhampton County, NC USACE AID #: SAW- 2012 -01082 NCEEP #: 95356 and 95358 30 -Day Comment Deadline: 17 July, 2013 1. Eric Kulz; NCDWQ, 2 July, 2013: Our only comment involves what appear to be field ditches discharging via " "stabilized drainage outfalls" (these appear to resemble riprap dissipator pads) into the conservation easement. It is unclear if these are discharging to wetland retention depressions, or if the water discharged from the ditch will flow directly to the restored stream. Most recent projects where ditches were required to discharge to the stream, the flow is routed to wetland depressions for treatment prior to entering the stream channel. 2. Tyler Crumbley USACE, 3 July, 2013: • On pg. 27, Section 7.1 and pg. 36: please insert "live planted stems" at the appropriate # /acre and remove the word "mature" from the survivability discussion. • Please review and correct the indicator statuses of the species proposed (eg. Tulip poplar, and American holly) • In addition to the gauge locations shown on pg. 215, please show the proposed locations of vegetation monitoring plots in Final Mitigation Plan. • As discussed during the field site visit on 6 Sep, 2012, there is a lack of OHWM indicators at the head of T2 (only present in ponded /ditched area). We still have a concern about the size of the contributing watershed to this feature, especially since the hydrologic contributions from T1 will be diverted into the relic channel in the woods and not to T2. It is understood from the review of the Draft mit plan (Section 10, pg. 37) that these headwater features will have gauges installed within the braided channels along with visual documentation of surface water flow for 30 consecutive days. Please be advised that if T2 or T1 does not meet the 30 day flow requirement, or exhibit a prevalence of OHWM indicators as defined in RGL 05 -05, these areas may be removed from stream credit generation. Attachment 4 Mitigation Plan Response Letter from KCI KCI ASSOCIATES OF NORTH CAROLM, RA. ENGINEERS • SCIENTISTS • SURVEYORS • CONSTRUCTION MANAGERS MEMORANDUM Landmark Center 11, Suite 220 4601 Six Forks Road Raleigh, NC 27609 (919) 783 -9214 (919) 783 -9266 Fax Date: July 29, 2013 To: Todd Tugwell and Tyler Crumbley, USACE From: Tim Morris, Project Manager KCI Associates of North Carolina, PA Subject: Stanley's Slough and Stanley's II Mitigation Plan IRT Mitigation Plan Review Chowan River Basin - 03010204 Northampton County, North Carolina Contract No. 4004635 (Stanley's Slough) and 4005151 (Stanley's II) EEP IMS 495356 (Stanley's Slough) and 495838 (Stanley's II) Please find below our responses in italics to the Mitigation Plan comments from the IRT received on July 26, 2013, for the Stanley's Slough and Stanley's II Restoration Projects. NCEEP's comments are below with KCI responses in Italics. IRT Comments 1. Eric Kulz; NCDWQ, 2 July, 2013: Our only comment involves what appear to be field ditches discharging via " "stabilized drainage outfalls" (these appear to resemble riprap dissipater pads) into the conservation easement. It is unclear if these are discharging to wetland retention depressions, or if the water discharged from the ditch will flow directly to the restored stream. Most recent projects where ditches were required to discharge to the stream, the flow is routed to wetland depressions for treatment prior to entering the stream channel. There are two stabilized drainage outfalls noted in the project grading plans. These are on page 5 and page 7 of the project plans. The first outfall is located within an area that is currently in pasture but will be taken out of pasture production as a result of this project and incorporated in the Stanley's II project. The area draining to the proposed drainage outfall is an eroded swale that will be filled to enhance upslope seep development. The grading plan has been modified to better show the grading that will occur in this area. The stabilized drainage outfall will be installed both to dissipate surface and subsurface flows at the tow of the slope and to act as a stable channel block to ensure that the eroded drainage feature does not re- develop over time. Because it will not be draining active agricultural land and because of the proposed filling of the channel, we do not feel that water quality treatment is necessary prior to entering the Coastal Plain stream corridor. The second stabilized drainage outfall is located at the very end of the project where Tributary 2 exits the easement onto an adjacent property. This structure was installed in this location to allow the dendritic pattern of the coastal plain stream to transition back into a single thread channel as it leaves the easement. Although we do not anticipate significant flows or erosive velocities in this area, a measure of safety was designed into the project to ensure that the flow convergence would be adequately transitioned onto the adjacent property. Tyler Crumbley USACE; 3 July, 2013: • On pg. 27, Section 7.1 and pg. 36: please insert "live planted stems" at the appropriate 4/acre and remove the word "mature" from the survivability discussion. Inserted "live planted stems " and removed "mature ", as requested. • Please review and correct the indicator statuses of the species proposed (eg. Tulip poplar, and American holly) Reviewed indicator status of species list. Modified list on page 13 of the project plans based on the Atlantic and Gulf Coastal Plain 2013 Regional Wetland Plant List. • In addition to the gauge locations shown on pg. 215, please show the proposed locations of vegetation monitoring plots in Final Mitigation Plan. Proposed locations of vegetation monitoring plots have been included on page 215 of the MP. Additional Changes to the MP — During the review period the Northampton County Floodplain Administrator responded that the project qualified for a "no action" Floodplain requirement. The signed checklist was inserted in the report. • As discussed during the field site visit on 6 Sep, 2012, there is a lack of OHWM indicators at the head of T2 (only present in ponded /ditched area). We still have a concern about the size of the contributing watershed to this feature, especially since the hydrologic contributions from T1 will be diverted into the relic channel in the woods and not to T2. It is understood from the review of the Draft mit plan (Section 10, pg. 37) that these headwater features will have gauges installed within the braided channels along with visual documentation of surface water flow for 30 consecutive days. Please be advised that if T2 or T1 does not meet the 30 day flow requirement, or exhibit a prevalence of OHWM indicators as defined in RGL 05 -05, these areas may be removed from stream credit generation. Please contact me if you have any questions or would like clarification concerning these responses. Sincerely, Tim Morris Project Manager KCI ASSOCIATES OF NORTH CAROLINA, P.A. www.kci.com Employee -Owned Since 1988 Attachment 5 Final Mitigation Plan MITIGATION PLAN Stanley's Slough Stream and Wetland Restoration Site EEP Contract 004635 EEP Project Number 95356 Stanley's II Wetland Restoration Site EEP Contract 5151 EEP Project Number 95838 Northampton County, North Carolina Chowan River Basin Cataloging Unit 03010204 Prepared for: EMancemem "' NC Department of Environment and Natural Resources Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699 FINAL - AUGUST 2013 MITIGATION PLAN Stanley's Slough Stream and Wetland Restoration Site EEP Contract 004635 EEP Project Number 95356 Stanley's II Wetland Restoration Site EEP Contract 5151 EEP Project Number 95838 Northampton County, North Carolina Chowan River Basin Cataloging Unit 03010204 Prepared for: F owstem � � eMe PROGRA NC Department of Environment and Natural Resources Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699 Prepared by: i\ C 1 TECHNOLOGIES MMMMMAkimm MMMEV4� MMMV4� KC I EwFz0NMEMAL TECHNOLOGIES CONSTRUCTION, INC. ASS(1CIATFS OF N: KCI Associates of North Carolina, PC 4601 Six Forks Rd, Suite 220 Raleigh, NC 27609 (919) 783 -9214 FINAL - AUGUST 2013 Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites EXECUTIVE SUMMARY This mitigation plan has been written in conformance with the requirements of the following: • Federal rule for compensatory mitigation project sites as described in the Federal Register Title 33 Navigation and Navigable Waters Volume 3 Chapter 2 Section § 332.8 paragraphs (c)(2) through (c)(14). • NCDENR Ecosystem Enhancement Program In -Lieu Fee Instrument signed and dated July 28, 2010 These documents govern NCEEP operations and procedures for the delivery of compensatory mitigation. The Stanley's Slough Stream and Wetland Restoration Site (SSS) is a full - delivery mitigation project being developed for the North Carolina Ecosystem Enhancement Program (EEP). The SSS is a former headwater stream and riparian wetland system in the Chowan River Basin (03010204 8 -digit HUC) in northern Northampton County, North Carolina, that has been substantially modified to maximize agricultural production. The site offers the chance to restore impacted agricultural lands to riparian wetland habitat. The Stanley's II Wetland Restoration Site (SII) is located directly adjacent to SSS and consists of a drained wetland complex. This site offers the opportunity to restore, enhance, and protect wetlands within a productive headwater stream /wetland system. The Chowan River Basin Restoration Priorities state the goals for the SSS and SII's 14 -digit HUC are to protect and improve water quality throughout the Basin by reducing sediment and nutrient inputs into streams and rivers and to support efforts to restore local watersheds (NCDENR EEP, 2009). The project goals for SSS and SII are in line with the basin priorities and include the following: - Restore streams and riparian buffers to provide shade and temperature control and increase instream woody debris for habitat. - Restore and protect sensitive aquatic resources to improve habitat and species diversity through the restoration of wetlands, streams, and riparian buffers. - Implement wetland and stream restoration projects that reduce sources of nutrient pollution and surface runoff by restoring hydrology and vegetation, stabilizing banks, and restoring natural geomorphology where appropriate. Additional goals for the project include: - Increase the local hydroperiod by encouraging both surface and subsurface storage and retention. - Restore and establish a functional and diverse headwater stream /wetland community. The project goals will be addressed through the following objectives: - Restore a headwater stream /wetland vegetation community through planting of native trees and shrubs, and incorporation of a custom native seed mix - Elevate the local groundwater table through the elimination of lateral drainage ditches and modification of existing channelized streams. - Reconnect site hydrology to historic flow paths. Both sites are located approximately 0.3 miles north of Margarettsville, North Carolina, in Northampton County. The projects begin just north of Margarettsville Road. The SSS will aim to restore and enhance the stream /wetland complex. The dredged channels will be filled creating a shallow braided headwater stream /wetland complex. Additionally, flow will be reconnected to a relic stream channel and adjacent Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites drained wetlands in a forested portion of the site. The SII will aim to restore and enhance the headwater wetland complex. Select ditches will be filled and productive seeps will be redirected or developed to integrate the wetland area into the adjacent headwater stream /wetland complex. Once grading is complete at both sites, the riparian communities will be planted as Headwater Forest Communities (NCWAM, v. 4.1 2010). Both sites will be monitored for seven years or until the success criteria are met. Stanley's Slough Restoration Site, Northampton County EEP Contract 004635; EEP Project Number 95356 Mitigation Credits Stream Riparian Wetland Non - riparian Wetland Buffer Nitrogen Nutrient Offset Phosphorous Nutrient Offset Type R RE R RE R RE Linear Feet /Acres 4,274 3.6 Credits 4,274 3.1 TOTAL CREDITS 4,274 3.1 R= Restoration RE= Restoration Equivalent of Creation or Enhancement Stanley's II Restoration Site, Northampton County EEP Contract 5151; EEP Project Number 95838 Mitigation Credits Stream Riparian Wetland Non - riparian Wetland Buffer Nitrogen Nutrient Offset Phosphorous Nutrient Offset Type R RE R RE R RE Linear Feet /Acres 7.6 Credits 6.9 TOTAL CREDITS 6.9 R= Restoration RE= Restoration Equivalent of Creation or Enhancement Mitigation Plan TABLE OF CONTENTS Stanley's Slough /Stanley's 11 Restoration Sites 1.0 RESTORATION PROJECT GOALS AND OBJECTIVES ................................. ............................... 1 2.0 SITE SELECTION .................................................................................... ............................... 1 2.1 Directions ...................................................................................................... ..............................1 2.2 Site Selection ............................................................................................... ............................... 2 2.3 Vicinity Map .................................................................................................. ..............................4 2.4 Watershed Map ............................................................................................ ..............................5 2.5 Soil Survey ..................................................................................................... ..............................6 2.6 Current Condition Plan View ....................................................................... ............................... 7 2.7 Historical Condition Plan View ..................................................................... ............................... 8 2.8 Site Photographs ........................................................................................ ............................... 10 3.0 SITE PROTECTION INSTRUMENT ......................................................... ............................... 12 3.1 Site Protection Instrument Summary Information .................................... ............................... 12 3.2 Site Protection Instrument Figure ............................................................. ............................... 13 4.0 BASELINE INFORMATION ................................................................... ............................... 14 4.1 Watershed Summary Information ............................................................. ............................... 18 4.2 Reach Summary Information ..................................................................... ............................... 18 4.3 Wetland Summary Information ................................................................. ............................... 20 4.4 Regulatory Considerations ......................................................................... ............................... 22 5.0 DETERMINATION OF CREDITS ............................................................ ............................... 23 6.0 CREDIT RELEASE SCHEDULE ................................................................ ............................... 25 7.0 MITIGATION WORK PLAN .................................................................. ............................... 27 7.1 Target Wetland Types and Plant Communities ......................................... ............................... 27 7.2 Design Parameters ..................................................................................... ............................... 29 7.3 Data Analysis .............................................................................................. ............................... 32 7.4 Proposed Mitigation Plan View ................................................................. ............................... 34 8.0 MAINTENANCE PLAN ......................................................................... ............................... 35 9.0 PERFORMANCE STANDARDS .............................................................. ............................... 36 10.0 MONITORING REQUIREMENTS .......................................................... ............................... 37 11.0 LONG -TERM MANAGEMENT PLAN ..................................................... ............................... 38 12.0 ADAPTIVE MANAGEMENT PLAN ........................................................ ............................... 38 13.0 FINANCIAL ASSURANCES .................................................................... ............................... 39 14.0 OTHER INFORMATION ....................................................................... ............................... 40 14.1 Definitions .................................................................................................... .............................40 14.2 References ................................................................................................. ............................... 41 14.3 Appendix A. Site Protection Instrument .................................................... ............................... 43 14.4 Appendix B. Baseline Information Data ....................................................... .............................89 USACE Wetland Determination Forms ....................................................... .............................91 Reference Wetland Information ................................. ............................... ............................105 NC DWQ Stream Identification Form ......................... ............................... ............................113 Jurisdictional Determination ...................................... ............................... ............................117 Field Memorandum and Agency Response ................ ............................... ............................127 FHWA Categorical Exclusion Form .............................. ............................... ............................143 FEMAFloodplain Checklist ......................................... ............................... ............................153 14.5 Appendix C. Mitigation Work Plan Data and Analyses ............................... ............................159 Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites Channel Morphology (Rosgen Analysis) ..................... ............................... ............................161 DRAINMOD Model Results ..................................................................... ............................... 183 Soil Delineation and Characterization ........................ ............................... ............................195 Potential Vegetation Plot and Wetland /Stream Gauge Locations ....... ............................... 213 14.6 Appendix D. Project Plan Sheets .............................................................. ............................... 217 IPI Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites 1.0 RESTORATION PROJECT GOALS AND OBJECTIVES EEP develops River Basin Restoration Priorities to guide its restoration activities within each of the state's 54 cataloging units. RBRPs delineate specific watersheds that exhibit both the need and opportunity for wetland, stream, and riparian buffer restoration. These watersheds are called Targeted Local Watersheds (TLWs) and receive priority for EEP planning and restoration project funds. The 2009 Chowan River Basin RBRP identified HUC 03010204180040 (Cypress Creek) as a Targeted Local Watershed (http: // portal .ncdenr.org /c /document_libra ry /get_file ?uuid= 87802543- d3e1- 4e0a- 803fcc3 354f75cd9 &groupld= 60329). The watershed is characterized by 57.4% forested land, 40.1% agricultural area, and 1.5% developed land with impacts to streams including channelization and nonpoint source pollution. Stanley's Slough Restoration Site (SSS) Project and Stanley's II Restoration Site (SII) Project were identified as stream and wetland opportunities to improve habitat within the TLW. The project goals address stressors identified in the TLW and include the following: - Restore streams and riparian buffers to provide shade and temperature control and increase instream woody debris for habitat. - Restore and protect sensitive aquatic resources to improve habitat and species diversity through the restoration of wetlands, streams, and riparian buffers. - Implement wetland and stream restoration projects that reduce sources of nutrient pollution and surface runoff by restoring hydrology and vegetation, stabilizing banks, and restoring natural geomorphology where appropriate. Additional goals for the project include: - Increase the local hydroperiod by encouraging both surface and subsurface storage and retention. - Restore and establish a functional and diverse headwater stream /wetland community. The project goals will be addressed through the following objectives: - Restore a headwater stream /wetland vegetation community through maintenance and germination of volunteer wetland vegetation from adjacent seed sources, planting of native trees and shrubs, and incorporation of a custom native seed mix - Elevate the local groundwater table through the elimination of lateral drainage ditches and modification of existing channelized streams. - Reconnect site hydrology to historic flow paths. 2.0 SITE SELECTION 2.1 Directions SSS and SII are located just north of Margarettsville Road approximately 0.3 miles north of Margarettsville, North Carolina. To reach the sites from Raleigh: proceed east on US -64 for approximately 45 miles. Then travel on 1 -95 north towards Richmond for approximately 37 miles. Turn onto NC 46 towards Gaston /Garysburg, travel approximately 3 miles, and then turn left onto US 301 north. Travel 0.1 miles and then make a slight left onto NC 186 north. Travel about 13 miles and then turn left onto Margarettsville Road. The sites will be approximately 0.3 miles straight ahead. 1 Mitigation Plan 2.2 Site Selection Stanley's Slough /Stanley's 11 Restoration Sites The sites are part of the 03010204 USGS Cataloging Unit (Meherrin Watershed) located within the Chowan River Basin. The Chowan River Basin straddles the border of North Carolina and Virginia and is populated throughout with small municipalities. The populations of the counties within the watershed are stable or minimally declining and land use is predominately agricultural. For this reason, the restoration priorities laid out by EEP focus on mitigating impact to streams and wetlands from agricultural use (NCDENR EEP, 2009). The project sites are bounded by NC 186 to the south and by agricultural land on all other sides. The sites have a long history of hydrologic modification in order to allow for farming to take place on the property. The existing site conditions are shown in Section 2.6 and seen in site photographs (Section 2.8). Within the Meherrin Watershed, the Cypress Creek watershed remains only minimally affected by urban development, having its start in Seaboard, North Carolina, before flowing into southern Virginia and emptying into the Chowan River. Approximately 57.4% of the 14 -digit HUC is forested and 40.1% is used as agricultural land (NCDENR EEP, 2009). Although the project sites are located in the Cypress Creek 14 -digi HUC, the nearest named water body downstream of the sites is Fountains Creek (030102040706), which is located in southern Virginia. Fountains Creek is currently listed as impaired under the Virginia 2012 303(d) listing for aquatic life and recreation designated uses (VA DEQ, 2012). The project watershed for the SSS comprises 113 acres to the bottom of project site. Current land use in the project watershed consists of forested land (49.2 ac/ 43.7 %), rangeland (38.1 ac/ 33.8 %), and agriculture (25.3 ac/ 22.5 %). The project watershed drains from the south and east into the project site. The project watershed for the SII is made up of 80 acres and is located within the watershed for the SSS. Current land use in the SII project watershed consists of forested land (42.6 ac/ 53.0 %), rangeland (28.0 ac/ 34.9 %), and agriculture (9.7 ac/ 12.1 %). The impervious surface within both project watersheds is limited to the impervious areas within rural residential properties, amounting to less than 1% of the total drainage area. Historic aerials from Northampton County were examined for any information about how the site hydrology and vegetation have changed over the last century. Historic aerials were obtained from the USGS Earth Explorer for 1950, 1959, 1961, 1973, 1978, 1989, 1998, and 2010. The reviewed aerials are found in Section 2.7. The photographs show that since as early as 1950 most of the site has been under agricultural production, with a similar footprint to the sites today. An area of forest to the northwest of the site was cleared between 1950 and 1973. The ditch that cuts through the drainage divide to join Tributary 1 (T1) to the top of Tributary 2 (T2) is not visible until the 1973 photo. It is unclear whether the ditch was not there before that or if it was not discernible in earlier photos. The photos clearly show that the area around the upstream section of T1 in the southwestern portion of the site was cleared between 1950 and 1959. After it was cleared, the stream was channelized and surface drains were built to connect to the stream and drain the field. Since the area was cleared, it has been used for livestock grazing and the cattle have had unrestricted access to the channel. The eastern half of the site appears to be relatively unchanged since 1950. The surrounding area is rural with low development pressure at this time. These land use trends indicate that restoring this property back to a forested wetland will provide an important habitat enhancement in the watershed. The sites lie within the Rolling Coastal Plains (Level IV 65m) ecoregion of the Coastal Plain physiographic province. This region is described as a rolling, hilly, dissected portion of the Inner Coastal Plain that is made up of sedimentary material. The geology at the site is classified as part of the Yorktown formation, K Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites which is comprised of fossiliferous clay with varying amounts of fine - grained sand. Bluish gray, shell material is commonly concentrated in lenses. The soils at both sites were also examined for their wetland potential. The soil data sheets and a map of the soil borings are included in Appendix C. Stanley's Slough According to the soil survey of Northampton County, the soils within the project site are mapped as Tomotley loam for the southernmost tributary, Roanoke silt loam for the central and eastern part of the site, Altavista fine sandy loam for the western tributary, and Wehadkee loam for the most northern tributary (USDA, NRCS Web Soil Survey, 2011). A soils investigation by KCI's licensed soil scientist confirmed that the Roanoke series occupies a central portion of the site. The Roanoke series, a hydric soil, is described as a poorly drained soil located on terraces and drainage ways in the piedmont and the upper and middle coastal plains. There are also two inclusions of the Altavista series, which is nonhydric. This area has relic braided channels, drained wetlands, and some existing wetlands. The hydrologic sources for the existing wetlands are seeps at the base of the upland area to the south. The hydrologic source that historically contributed wetland hydrology to all of the hydric soils was the headwater stream /wetland complex that previously flowed through this area, but has been diverted to the north away from this part of the site. Stanley's 11 According to the soil survey for the project area, the soils within the project site are primarily mapped as Tomotley loam for the southern portion of the SII and Roanoke silt loam for the northern portion of the SII easement. Small areas of Winton loam and Altavista fine sandy loam are also present within the southern restoration area (USDA, NRCS Web Soil Survey, 2011). A soils investigation by KCI's licensed soil scientist confirmed that the Roanoke series occupies the northern portion of SII but extends approximately 150 feet to the west of its current location. The Roanoke series, a hydric soil, is described as a poorly drained soil located on terraces and drainage ways in the piedmont and the upper and middle coastal plains. The soil investigation also confirmed the presence of Tomotley loam, also a hydric soil, in the southern portion of SII. The evaluation also confirmed an area of Winton soils along the bluff slope. Where seepage occurred along the bluff, inclusions of Pelham soils were noted within the Winton unit. A small area of Augusta silt loam was also mapped along the southern project boundary. This was mapped as a non - hydric area within the project boundaries. Based on these watershed and site - specific attributes, the SSS and SII were selected as candidates for wetland mitigation. The restored sites will expand forested wetland habitat in an area that has been actively used for agriculture since at least 1950. 3 Mitigation Plan 2.3 Vicinity Map NORTHAMPTON HERTFORD HALIFAX BERTIE /NASH 1 ASK] M-1 R0 5kae Read, V-9 ¢a �i Rs jzt k Rd Stanley's Slough /Stanley's 11 Restoration Sites Virginia r h Carolina A ...m Rd A Sv`RLz 305 wamP (ToWors Upvow) Cordu�°'I 5 � Jacks BYp v° .g 158 m plea., 8 Yp PROJECT SITE VICINITY MAP There are noairposiswdhm N 0.8 04 0 08 STANLEY'S SLOUGH I STANLEY'S II 5raresof the poled site - miles RESTORATION SITES NORTHAMPTON COUNTY, NC :l Mitigation Plan 2.4 Watershed Map Stanley's Slough /Stanley's 11 Restoration Sites --w - .. .... f ?' C ee swill county,--VA f Northampton County;' N. 11'5 ���� � - �_ 5� l'.. 4 1� � �S V �• 64'• �.. Co V11 '��• r• I • Lr r -1I it 1T i � ` ; 1 r - �j I rt " • :� r� , 4 �`.. .sue 40. SII Proposed Easement SSS Proposed Easement l� — '"� SSS Project Watershed (113 acres) SII Project Watershed (80 acres) PROJECT SITE WATERSHED MAP Sa rce_ uscSORG 600 300 0 600 STANLEY'S SLOUGH I STANLEY'S II MftaretsvQ Feet RESTORATION SITES NORTHAMPTON COUNTY, NC 61 Mitigation Plan 2.5 Soil Survey Stanley's Slough /Stanley's 11 Restoration Sites Ta "B WkA AtA Wt AtA AtA StA Stk ` Wlr StA R StA AtA AtA �A�tA VVII CnB r M" CnB StA AfA Ta B TaB WaA AtA aB Ro �,- TaB }!. ABoB CrIB c�' NoA Te NoB AtA S TaB TaB* W;E NoB 't• •GoA - -- WtE CnB NoB BOB Ta ' JTe , ` x AtA } NoC.� - r GoA NOB �. c:�• k�i NoA ` ' SSS Proprosed Easement (17.6 ac) TaB NoB Te _ SI I Proposed Easement (9A ac) AtA �+ AtA _ 4 %'* ' NOB Bb Project Parcels da� PROJECT SITE NRCS SOIL. SURVEY MAP Image Source : NC 2070 400 200 0 400 STANLEY'S SLOUGH /STAN LEY'S II statew+deCrihoimagery. Feet RESTORATION SITES NORTHAMPTON COUNTY, NC L Mitigation Plan 2.6 Current Condition Plan View k rrx._ Stanley's Slough /Stanley's 11 Restoration Sites 4 Trib 2 AL t � .T f Drainage ditch . L through utter- fluvial ^ ' divide 2 B: i t 1 Trib`y1 Abandoned relic channel It and riparian wetlands S r r r . A OF 'ALM IlaN 0 SSS Proposed Project Boundary (17.6 ac) — Existing Ditched Stream Channels ,A, SSS Soil borings SII Proposed Project Boundary (9.4 ac) — - Relic Channel Q SII Soil Borings Project Parcels — — Existing Ditches I Drained Hydric Soils ® Utility Easement Other Streams Existing Wetlands PROJECT SITE CURRENT CONDITION PLAN VIEW Source NC 2010 300 150 0 300 STAN LEY'S SLOUGH I STAN LEY'SI1 Olhmmagery Feet RESTORATION SITES NORTHAMPTON COUNTY, NC 7 Mitigation Plan 2.7 Historical Condition Plan View Stanley's Slough /Stanley's 11 Restoration Sites Mitigation Plan i Ak�- . 1978 .a Stanley's Slough /Stanley's 11 Restoration Sites SlI Project Site Boundary SSS Project Site Boundary fl&�!ww wo + It �s i ■ r a ar 1989 a k ` 1998 � ' �' � � 2010 PROJECT SITE HISTORICAL CONDITION PLAN VIEW S LAGS Eanh Erpia ff, saa 2.50 0 500 STAN LEY'S SLOUGH /STAN LEY'S II rv�s, 19x9, m:d1998, ,.d Feet RESTORATION SITES WSra¢ mk Onharmrgzry7olo. NORTHAMPTON COUNTY, NC A Mitigation Plan 2.8 Site Photographs Stanley's Slough /Stanley's 11 Restoration Sites NOW"- - View looking southwest across SII mitigation area. View looking north from hill slope seepage area in SII. 9/22/2011 9/22/2011 View looking west across SI I mitigation area. 9/26/2012 View looking north from existing stream mitigation project (SSS). 10/4/2011 10 View looking northwest across portions of SSS and SII mitigation areas. 9/22/2011 View of farm pond across portions of SSS and SII mitigation areas. 9/22/2011 .F View looking west across SI I mitigation area. 9/26/2012 View looking north from existing stream mitigation project (SSS). 10/4/2011 10 View looking northwest across portions of SSS and SII mitigation areas. 9/22/2011 View of farm pond across portions of SSS and SII mitigation areas. 9/22/2011 Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites View of existing wetland looking north across the SII View of northern SII mitigation area looking east from mitigation area. 9/22/2011 the existing farm road. 9/22/2011 h -4. View of proposed wetland restoration area looking east View of northern SII mitigation area looking north across the SSS project and northern portion of the SII from the existing farm road. 9/22/2011 ro'ect. 10/4/2011 - N View of toe seep wetland area looking northeast in SII. View of southern wetland area in SII looking west. 9/25/2012 9/26/2012 11 Mitigation Plan 3.0 SITE PROTECTION INSTRUMENT 3.1 Site Protection Instrument Summary Information Stanley's Slough /Stanley's 11 Restoration Sites The land required for the construction, management, and stewardship of this mitigation project includes portions of the following parcels. The conservation easement documents were finalized for SSS in March 2013. A copy of the land protection instruments are included in Appendix A. Stanley's Slough Stanley's II Landowners PIN County Site Protection Instrument Deed Book and Page Number Acreage protected Parcel Conservation w E. Vaughn 4081 -58 -2207 Northampton DB 336 PG 148 9.0 A Easement Parcel Conservation Stanley Garriss 4081 -49 -0166 Northampton DB 875 PG 760 8.5 B Easement Stanley's II 12 Landowners PIN County Site Protection Instrument Deed Book and Page Number Acreage protected Parcel Conservation w E. Vaughn 4081 -58 -2207 Northampton DB 336 PG 148 0.4 A Easement Parcel Conservation Stanley Garriss 4081 -49 -0166 Northampton DB 875 PG 760 8.9 B Easement 12 Mitigation Plan 3.2 Site Protection Instrument Figure i Stanley's Slough /Stanley's 11 Restoration Sites STANLEY GARRISS PIN: 4081- 49.0166 W. E. VAUGHN Y a PIN: 4081.58 -2207 i� >w SSS Project Easement � SII Project Easement — „�,«` x _ Project Parcels SITE PROTECTION INSTRUMENT FIGURE Image Source NG2010 400 2_00 0 400 STANLEY'S SLOUGH [STANLEY'S II Statewide Crthoimagery. Feet RESTORATION SITES NORTHAMPTON COUNTY, INC 13 Mitigation Plan 4.0 BASELINE INFORMATION Stanley's Slough /Stanley's 11 Restoration Sites 14 Project Information Project Name Stanley's Slough Restoration Site County Northampton County Project Area (acres) 17.6 acres Project Coordinates (lat. and long.) 36.539006 N, - 77.348222 W Project Watershed Summary Information Physiographic Province Coastal Plain River Basin Chowan USGS Hydrologic Unit 8 -digit 03010204 USGS Hydrologic Unit 14 -digit 03010204180040 DWQ Sub -basin 03 -01 -02 Project Drainage Area (acres) 113 acres Project Drainage Area Percentage of Impervious Area <1% CGIA Land Use Classification 43.7% forested land, 33.8% rangeland, 22.5% agriculture Reach Summery Information Parameters T1 T2 Length of reach (linear feet) 3,054 1,220 Valley classification Valley Type X Valley Type X Drainage area (acres) 84 acres 29 acres NCDWQ Water Quality Classification Project Reach Not Classified; Receiving water = Meherrin River (C; NSW) Project Reach Not Classified; Receiving water = Meherrin River (C; NSW) Morphological Description (stream type) N /A— ditched channel N /A— ditched channel Evolutionary trend Channelized Channelized Mapped Soil Series Tomotley, Roanoke, Altavista, Wehadkee Altavista, Roanoke Drainage class Poorly drained, poorly drained, moderately well drained, poorly drained Moderately well drained, poorly drained Soil Hydric status Drained hydric Drained hydric Slope 0.2% 0.06% FEMA classification Zone X, parts in Zone AE(backwater of Meherrin River) Zone X, parts in Zone AE (backwater of Meherrin River) Existing vegetation Crops, pasture Crops, pasture Percent composition of exotic invasive vegetation o 0/ 0 0/ 14 Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites Project Information continued - Stanley's Slough Restoration Site Existing Wetland Summary Information Parameters Area 1* Area 2* Area 11* Size of Wetland (acres) 2.26 acres 0.88 acres 0.01 acres Wetland Type Riparian Riparian Riparian Mapped Soil Series Roanoke Roanoke Tomotley Drainage class Poorly drained Poorly drained Poorly drained Soil Hydric Status Drained Hydric Drained Hydric Drained Hydric Source of Hydrology Hillside seepage and precip. Hillside seepage and precip. Hillside seepage and precip. Hydrologic Impairment Ditching and Cattle damage Ditching and Cattle damage Ditching and Cattle damage Existing vegetation Crops, Pasture Crops, Pasture Crops, Pasture Percent composition of exotic invasive vegetation 0% 0/ o 0 0/ Regulatory Considerations Regulation Applicable? Resolved? Supporting Documentation Waters of the United States— Section 404 Yes Applying for NWP 27 Jurisdictional Determination Waters of the United States— Section 401 Yes Applying for NWP 27 Jurisdictional Determination Endangered Species Act ** No N/A N/A Historic Preservation Act ** No N/A N/A Coastal Zone Management Act ** (CZMA)/ Coastal Area Management Act (CAMA) No N/A N/A FEMA Floodplain Compliance Yes In process FEMA Floodplain Checklist Essential Fisheries Habitat ** No N/A N/A * Refer to Jurisdictional Determination wetland delineation map in Appendix B for numbering. ** Items addressed in the Categorical Exclusion in Appendix B. 15 Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites M Project Information Project Name Stanley's II Restoration Site County Northampton County Project Area (acres) 9.4 acres Project Coordinates (lat. and long.) 34.922569 N , - 77.319871 W Project Watershed Summary Information Physiographic Province Coastal Plain River Basin Chowan USGS Hydrologic Unit 8 -digit 03010204 USGS Hydrologic Unit 14 -digit 03010204180040 DWQ Sub -basin 03 -01 -02 Project Drainage Area (acres) 80 acres Project Drainage Area Percentage of Impervious Area <1% CGIA Land Use Classification 53.0% forested land, 34.9% rangeland, 12.1% agriculture Existing Wetland Summary Information Parameters Area 3* Area 7* Area 8* Area 9* Area 10* Area 11* Size of Wetland 0.01 acres 0.02 acres 0.20 acres 0.72 acres 0.14 acres 0.04 acres (acres) Wetland Type Riparian Riparian Riparian Riparian Riparian Riparian Roanoke, Mapped Soil Roanoke Tomotley Tomotley Tomotley, Winton with Tomotley Series Roanoke Pelham inclusions Drainage Poorly Drained Poorly Drained Poorly Drained Poorly Drained Poorly Drained Poorly Drained class Soil Hydric Drained Hydric Drained Hydric Drained Hydric Drained Hydric Drained Hydric Drained Hydric Status Source of Hillside Hillside Hillside Hillside Hillside Hillside Hydrology seepage and seepage and seepage and seepage and seepage and seepage and precip. precip. precip. precip. precip. precip. Hydrologic Ditching and Ditching and Ditching and Ditching and Ditching and Ditching and Impairment Crops Crops Crops Crops Crops Crops Existing Crops, Pasture Crops, Pasture Crops, Pasture Crops, Pasture Crops, Pasture Crops, Pasture vegetation Percent composition of exotic 0% 0% 0% 0% 0% 0% invasive vegetation M Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites Project Information continued - Stanley's II Restoration Site Regulatory Considerations Regulation Applicable? Resolved? Supporting Documentation Waters of the United States — Section Jurisdictional Yes Applying for NWP 27 404 Determination Waters of the United States — Section Jurisdictional Yes Applying for NWP 27 401 Determination Endangered Species Act ** No N/A N/A Historic Preservation Act ** No N/A N/A Coastal Zone Management Act ** (CZMA)/ Coastal Area Management No N/A N/A Act (CAMA) FEMA Floodplain FEMA Floodplain Compliance Yes In process Checklist Essential Fisheries Habitat ** No N/A N/A * Refer to Jurisdictional Determination wetland delineation map in Appendix B for numbering. ** Items addressed in the Categorical Exclusion in Appendix B. 17 Mitigation Plan 4.1 Watershed Summary Information Stanley's Slough /Stanley's 11 Restoration Sites The sites are part of the 03010204 USGS Cataloging Unit (Meherrin Watershed) located within the Chowan River Basin. The Chowan River Basin straddles the border of North Carolina and Virginia and is populated throughout with small municipalities. The populations of the counties within the watershed are stable or minimally declining and land use is predominately agricultural. For this reason, the restoration priorities laid out by EEP focus on mitigating impact to streams and wetlands from agricultural use (NCDENR EEP, 2009). The project watershed for the SSS comprises 113 acres. Current land use in the project watershed consists of forested land (49.2 ac/ 43.7 %), rangeland (38.1 ac/ 33.8 %), and agriculture (25.3 ac / 22.5 %). The project watershed drains from the south and east into the project site. The project watershed for the SII is made up of 80 acres and is located within the watershed for the SSS. Current land use in the project watershed consists of forested land (42.6 ac/ 53.0 %), rangeland (28.0 ac/ 34.9 %), and agriculture (9.7 ac/ 12.1 %). The impervious surface within both project watersheds is limited to impervious areas within rural residential properties, amounting to less than 1% of the total drainage area. The nearest named downstream water body is Fountains Creek located in southern Virginia, which drains to the Meherrin River. The project area is located in the United States Geological Survey (USGS) Margarettsville, North Carolina, Quadrangle (2010). 4.2 Reach Summary Information Stanley's Slough Existing Conditions The streams at the SSS have historically been impacted by channelization, surrounding row crop production, and cattle grazing. Two separate streams make up the site: Tributary 1 (T1) begins in the southwestern project corner and flows north. Tributary 2 (T2) flows east to join T1 and comes onto the site from the west. T1 then flows north to the project boundary where it continues to flow north into the swamp system surrounding the Meherrin River. Both streams are headwater channels due to their small drainage areas. The broad flat topography of the site means that the streams have minimal slope and are slow- moving systems. Section 2.6 Current Conditions Plan View shows the existing conditions at the SSS and site photographs are included in Section 2.8. T1 begins in the southwestern corner of the property and is a perennial first -order stream that is channelized for approximately 1,700 linear feet before being ditched through the middle of a slight drainage divide until connecting with T2. T1 originates from a perennial seep in the middle of a field used for livestock grazing. This part of the stream has been ditched and numerous surficial field drains have been cut into the field that drains to T1. After T2 joins T1, T1 flows east with row crops on either side of it. T2's hydrology comes from the surface flows from a swale that drains from a forested area to the west, surface flows from the surrounding fields, and groundwater. After T1 reaches a wood line, it continues to be ditched until it turns north at the end of the project into a forested section that appears to have been clear cut within the past 10 years. The project was evaluated using the NCDWQ Stream Classification Form on October 19, 2011 (Appendix C). The NCDWQ form was used to determine if the tributaries were classified as perennial or intermittent streams. A numerical value of at least 30 points is determined from the NCDWQ stream identification form to classify the stream as a perennial stream (NCDENR, 2010). Project reach T1, which 18 Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites is currently an upstream reach of T2, scored a numerical value of 31.75 points and was classified as a stream. Channel Classification Channel Morphology (Pattern, Dimension, and Profile) A Rosgen Level II assessment was conducted to gather existing stream dimension, pattern, and profile data to determine the degree of channel instability. Channel cross - sections were surveyed at seven representative locations along the project; three locations on T1, two locations on T2, and two locations on the relic channel in SSS. Data developed from these surveys are presented in a channel morphology summary in Appendix C. Channel Stability Assessment The channels being restored in the SSS are maintained as agricultural ditches and are not considered highly unstable. As reflected in the project goals and objects, sediment is not a large concern at this site. For these reasons, a Bank Erosion Hazard Index (BEHI) evaluation was not conducted for the project. eankfull Verification The standard methodology used in natural channel design is based on the ability to select the appropriate bankfull discharge and generate the corresponding bankfull hydraulic geometry from a stable reference system(s). The determination of bankfull stage is typically the most critical component of the natural channel design process. However, given that this is a headwater project, the channel design will not have traditional bankfull -based morphology. Therefore, bankfull is not relevant to this particular project. With the exception of the relic channel in the woods, project reaches within the SSS are altered (ditched) channels. T1 is a perennial first -order channelized stream that receives hydrology from a perennial spring at the beginning of the reach. T2 is also a perennial first -order channelized stream that receives hydrology from T1 in addition to groundwater sources. The relic channel of T1 is not channelized and follows a more natural stream morphology. This channel was historically part of an existing wetland /stream complex with lower banks and high width /depth ratios. While KCI is not developing a traditional bankfull channel based on specific reference reach ratios or regional curve geometry, an alternative design process has been used to develop the criteria for the restoration of the headwater wetland /streams on site. As evidenced by the data collected in the relic channel in the wooded section of the project and from visual observations in adjacent reaches with more natural flow patterns, these headwater wetland /stream systems generally have a low flow channel associated with them. These low flow channels are morphologically highly variable and the conditions in the wooded section were used as a guide to develop what the headwater stream /wetland restoration should look like. Some of the observations that contributed to this concept include: in many instances the low flow channel not being in the center or even the lowest part of the valley; that numerous side channels can be almost the same size as the low flow channel; that sometimes side channels are nonexistent and the low flow channel conveys a greater concentrated flow; that the size and dimensions of the low flow channel vary depending on governing valley morphology; and that the profiles have some areas of high variability and other areas with little grade change. These qualities, and the morphological parameters of the relic channel, contributed to the design plan for the restoration of the ditched streams on site. 19 Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites In the project plan sheets (Appendix D), there is a set range of dimensions for the low flow channel. Given this range of dimensions and the designed grade of the floodplain, the designer will work with the equipment operator to grade this low flow channel through the valley. Similar to the wooded area, the low flow channel will be experience minor variations in size, the profile and planform will vary depending on the controlling valley morphology, and there will be smaller side channels throughout the width of the valley. It is the intention of the design for the low flow channel to be undersized, so that during most precipitation events and dependent on the seasonal elevation of the water table, the low flow channel capacity is exceeded and additional overbank flow is spread throughout the valley, accessing multiple flow paths. An example of what the constructed channel cross - section could look like is best illustrated by existing Cross - Section 6. This cross - section has a primary channel, but there are also low areas adjacent to the channel that have flow in them during storm events. The other cross - section from the wooded area, Cross - Section 7 is an example of how the primary channel is not in the exact low point in the valley. Here the channel has a depression adjacent to it that may or may not have an outlet to the primary channel. These two cross - sections are indicative of the natural variation found in these systems and discussed above. It is expected that as vegetation grows in and around the stream valley, the form of the channels could experience minor variations, with some portions becoming thick with vegetation and causing a rerouting of the predominant low flow channel to occur. The final stable form of this channel evolution is a low flow channel whose location and morphological condition are set by the mature vegetation around it. This is the natural progression for these systems. As these systems change over time, they are still considered stable, with any rate of change happening slowly and over long time periods. Erosion is not a problem in these systems because the minimal sediment that is generated from the changing channel form is captured within the site's dense vegetation. Stanley's II Not applicable for this project. 4.3 Wetland Summary Information Based on field topographic survey data and LIDAR elevation data, the contours at SSS and SII range from 42 — 78 feet. The topography of the sites begins with the highest elevations at the southeastern edge of the site boundaries, and extending from there to the west and up towards the northeastern most corner. The elevation decreases quickly as one moves from the southeastern corner to the center of the sites. The drained hydric soils at the sites experience approximately a 4 feet change in elevation as the slope grades down slightly from the center and out of the northeastern corner. Stanley's Slough Existing Wetlands Currently, small areas of wetland exist along the relic channel in the forested portion of the site as well as throughout T1 and T2. These areas were delineated by KCI wetland scientists and the boundaries were confirmed through a jurisdictional determination with the US Army Corps of Engineers (Section 4.4). The goal of this project will be to join these areas to a larger whole with a braided stream /wetland complex. The wetland data forms are included in Appendix B. T1 drains the site south to north until the confluence with T2, where the site drains west to east. The relic channel is primarily dry, but during rain events the channel picks up seepage from the southern hillside and flows to the east. Any flow through these woods is separated from the downstream wetland system because of the farm road that cuts off flow from west to east. Pockets of standing water are 20 Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites present throughout this area. Wetlands outside of the forested area are found within the banks of T1 and T2. Vegetation The project includes a mature wooded area east of the existing T1 channel and south of T2. This bottomland area contains the relic channel for T1 and a series of drained braided channels that weave through mature trees. The bottomland has a variety of tree species, including: persimmon (Diospyros virginiana), black gum (Nyssa sylvatica), green ash (Fraxinus pennsylvanica), ironwood (Carpinus caroliniana), American holly (Ilex opaca), willow oak (Quercus phellos), tulip poplar (Liriodendron tulipifera), and swamp chestnut oak (Quercus michauxii). A more mature forest is located north of the SSS and is composed of green ash (Fraxinus pennsylvanica), swamp tupelo (Nyssa aquatic), laurel oak (Quercus laurifolia), willow oak (Quercus phellos), water oak (Quercus nigra), American holly (Ilex opaca), American beautyberry (Callicarpa americana), swamp cottonwood (Populus heterophylla), river birch (Betula nigra), and ironwood (Carpinus caroliniana). Stanley's ll Existing Wetlands SII has been impacted by a history of ditching, surrounding row crop production, and cattle grazing. Despite efforts to effectively drain wetlands on the property, several small areas of existing wetland exist within the SII. These areas were delineated by KCI wetland scientists and the boundaries were confirmed through a jurisdictional determination with the US Army Corps of Engineers (Section 4.4). The existing wetlands are generally located in depressions or along man -made drainage features created to drain the adjacent pastureland. Approximately 1.1 acres of existing wetlands exist within SII. The goal of this project will be to join these areas to a larger whole with the stream /wetland complex of the SSS. The wetland data forms are included in Appendix B. Drained wetlands within the SII generally flow in a northwesterly direction towards T1. Strong indications of seepage flow exist along the terrace slope that runs along the eastern boundary of the SII. Three ditched channels are located within the southern portion of the SII easement. These ditches serve to drain the surrounding areas along T1. The northern portion of the SII is currently a soybean field that shows evidence of prolonged exposure to inundation in many areas of the field. The northern portion of SII is drained by a tributary that runs to the north of the site as well as by a ditch that runs to the east of the field. A 100' wide electric transmission line easement is located along the tree line in the southern portion of the field. South of the soybean field, this section of SII extends into the woods and joins with the proposed easement for the SSS project. This area which includes degraded and drained wetland areas is characterized by a mix of forested and scrub -shrub species. Vegetation The bottomland has a variety of tree species, including: persimmon (Diospyros virginiana), black gum (Nyssa sylvatica), green ash (Fraxinus pennsylvanica), American holly (Ilex opaca), willow oak (Quercus phellos), tulip poplar (Liriodendron tulipifera), and swamp chestnut oak (Quercus michauxii). A ditch serves to drain a portion of this area and hydrology has been diverted from the area by upstream ditching. 21 Mitigation Plan 4.4 Regulatory Considerations Stanley's Slough /Stanley's 11 Restoration Sites A jurisdictional determination was approved by the US Army Corps of Engineers on November 29, 2012 for the SSS and on October 3, 2012 for the SII. Following the completion of the mitigation plan, a pre - construction notification (PCN) will be completed to apply for a Nationwide 27 Permit (NWP) to comply with Sections 401 and 404 of the Clean Water Act with the Wilmington District of the US Army Corps of Engineers and the NCDENR Division of Water Quality. Once the jurisdictional boundaries of the wetlands were determined and formalized through the jurisdictional determination process, KCI evaluated the potential of restoring functions of the existing and drained wetland areas using the definitions of "rehabilitation" and "reestablishment" provided in 40 CFR Part 230 (Final Rule). Although these definitions were adopted in 2008, the use of these terms to justify restoration had not previously been applied to NC EEP full delivery projects. As such, KCI initiated discussions with the US Army Corps of Engineers regarding the applicability of these definitions to this project. Appendix B contains the negotiated results of KCI's discussions of the assets associated with both the SSS and SII projects. This negotiation was used as the basis for the credit scenarios presented in this report. SSS and SII are located within a FEMA Zone AE for the backwater of the Meherrin River. A no -rise flood study is expected for this project. 22 Mitigation Plan 5.0 DETERMINATION OF CREDITS Stanley's Slough /Stanley's 11 Restoration Sites Stanley's Slough Restoration Site, Northampton County EEP Contract 004635; EEP Project Number 95356 Mitigation Credits Nitrogen Phosphorous Stream Riparian Non - riparian Buffer Nutrient Nutrient Wetland Wetland Offset Offset Type R RE R RE R RE Linear Feet/ Acres 4,274 3.6 Credits 4,274 3.1 TOTAL CREDITS Project Components Project Restoration Component Stationing/ Existing Approach -or- Restoration Mitigation Footage/ Footage -or- Location (PI, PH etc.) Restoration Ratio Reach ID Acreage Equivalent or Acreage Trib 1 10 +00 -41 +55 2,600 N/A Restoration 3,054 1:1 Trib 2 50 +00 —62+85 1,220 N/A Restoration 1,220 1:1 Wetland Reestablishment Restoration 2.8 1:1 Wetland Rehabilitation Restoration 0.8 2.5:1 Wetland NA 0.5 NA Preservation Component Summation Buffer Restoration Stream Riparian Wetland Non - riparian Wetland Upland (square Level (linear feet) (acres) (acres) (acres) feet) Non - Riverine Riverine Restoration 4,274 3.1 Enhancement Enhancement I Enhancement 11 Creation Preservation High Quality Preservation TOTAL 4,274 3.1 R= Restoration RE= Restoration Equivalent of Creation or Enhancement 23 Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites Stanley's II Restoration Site, Northampton County EP Contract 5151; EEP Project Number 95838 Mitigation Credits Nitrogen Phosphorous Riparian Non - riparian Stream Buffer Nutrient Nutrient Wetland Wetland Offset Offset Type R RE R RE R RE Acres 7.6 Credits 6.9 TOTAL CREDITS Project Components Project Restoration Component Stationing/ Existing Approach -or- Restoration Mitigation Footage/ Footage -or- Location (PI, PH etc.) Restoration Ratio Reach ID Acreage Equivalent or Acreage Wetland Reestablishment Restoration 6.5 1:1 Wetland Rehabilitation Restoration 1.1 2.5:1 Component Summation Buffer Restoration Stream Riparian Wetland Non - riparian Wetland Upland (square Level (linear feet) (acres) (acres) (acres) feet) Non Riverine Riverine Restoration 6.9 Enhancement Enhancement I Enhancement 11 Creation Preservation High Quality Preservation TOTAL AL 6.9 R= Restoration RE= Restoration Equivalent of Creation or Enhancement 24 Mitigation Plan 6.0 CREDIT RELEASE SCHEDULE Stanley's Slough /Stanley's 11 Restoration Sites All credit releases will be based on the total credit generated as reported by the as -built survey of the mitigation sites. Under no circumstances shall any mitigation project be debited until the necessary DA authorization has been received for its construction or the District Engineer (DE) has otherwise provided written approval for the project in the case where no DA authorization is required for construction of the mitigation project. The DE, in consultation with the Interagency Review Team (IRT), will determine if performance standards have been satisfied sufficiently to meet the requirements of the release schedules below. In cases where some performance standards have not been met, credits may still be released depending on the specifics of the case. Monitoring may be required to restart or be extended, depending on the extent to which the site fails to meet the specified performance standard. The release of project credits will be subject to the criteria described as follows: Forested Wetlands Credits Monitoring Interim Total Credit Release Activity Year Release Released 0 Initial Allocation — see requirements below 30% 30% 1 First year monitoring report demonstrates performance 10% 40% standards are being met 2 Second year monitoring report demonstrates performance 10% 50% standards are being met 3 Third year monitoring report demonstrates performance 10% 60% standards are being met 4 Fourth year monitoring report demonstrates performance 10% 70% standards are being met 5 Fifth year monitoring report demonstrates performance 10% 80% standards are being met; Provided that all performance standards are met, the IRT may allow the NCEEP to discontinue hydrologic monitoring after the fifth year, but vegetation monitoring must continue for an additional two years after the fifth year for a total of seven years. 6 Sixth year monitoring report demonstrates performance 10% 90% standards are being met 7 Seventh year monitoring report demonstrates performance 10% 100% standards are being met, and project has received close -out approval Initial Allocation of Released Credits The initial allocation of released credits, as specified in the mitigation plan can be released by the NCEEP without prior written approval of the DE upon satisfactory completion of the following activities: - Approval of the final Mitigation Plan - Recordation of the preservation mechanism, as well as a title opinion acceptable to the USACE covering the property - Completion of project construction (the initial physical and biological improvements to the mitigation site) pursuant to the mitigation plan; Per the NCEEP Instrument, construction means that a mitigation site has been constructed in its entirety, to include planting, and an as -built report has been produced. As -built reports must be sealed by an engineer prior to project closeout, if appropriate but not prior to the initial allocation of released credits. 25 Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites - Receipt of necessary DA permit authorization or written DA approval for projects where DA permit issuance is not required. Subsequent Credit Releases All subsequent credit releases must be approved by the DE, in consultation with the IRT, based on a determination that required performance standards have been achieved. For stream projects a reserve of 15% of a site's total stream credits shall be released after two bank -full events have occurred, in separate years, provided the channel is stable and all other performance standards are met. In the event that less than two bank -full events occur during the monitoring period, release of these reserve credits shall be at the discretion of the IRT. As projects approach milestones associated with credit release, the NCEEP will submit a request for credit release to the DE along with documentation substantiating achievement of criteria required for release to occur. This documentation will be included with the annual monitoring report. Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites 7.0 MITIGATION WORK PLAN 7.1 Target Wetland Types and Plant Communities Stanley's Slough Disturbed areas of T1 and T2 will be planted with species from the Headwater Forest Community (NCWAM, v. 4.1 2010) as well as other similar species that have been observed in the adjacent wetland areas. The planting plan in the attached project plan sheets (Appendix D) lists these areas as the Wetland Planting Plan and the Stream Planting Plan. These two areas have many of the same species, differing only slightly based on the distribution of species. The restored wetlands and the part of T1 that will be returned to the relic channel will not receive wholesale planting because these areas are already forested. Any areas that have a low density of existing vegetation will be supplementally planted with the species listed above for T1 and T2. Trees and shrubs will be planted at a density of 968 stems per acre (9 feet x 5 feet spacing) to achieve a survivability of two hundred ten (210) live planted stems per acre after seven years. Woody vegetation planting will be conducted during dormancy. Species to be planted may consist of the following and any substitutions from the planting plan will be taken from this list: Headwater Forest Communitv - Wetland and Stream Plantine Area Common Name Scientific Name Wetland Indicator Tag alder Alnus serrulata FACW Silky dogwood Cornus amomum FACW Persimmon Diospyros virginiana FAC Green ash Fraxinus pennsylvanica FACW River birch Betula nigra FACW Tulip poplar Liriodendron tulipifera FACU Sweet bay Magnolia virginiana FACW Swamp tupelo Nyssa biflora OBL Overcup oak Quercus lyrata OBL Swamp chestnut oak Quercus michauxii FACW Laurel oak Quercus laurifolia FACW Water oak Quercus nigra FAC Willow oak Quercus phellos FAC Bald cypress Taxodium distichum OBL Red maple Acer rubrum FAC American elm Ulmus americana FAC An herbaceous seed mix composed of appropriate native species will also be developed and used to further stabilize and restore the wetland. Stanley's 11 Restored riparian wetland areas will be planted with species from the Headwater Forest Community (NCWAM, v. 4.1 2010) as well as other similar species that have been observed in the adjacent wetland areas. For the SII areas, it is called the Wetland Planting Plan in the project plan sheets (Appendix D). Trees and shrubs will be planted at a density of 968 stems per acre (9 feet x 5 feet spacing) to achieve a survivability of two hundred ten (210) live planted stems per acre after seven years. The unvegetated areas that are not in hydric soils and are upland will be planted as a transitional zone. The planting plan 27 Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites lists these areas as the Upland Planting Plan. Woody vegetation planting will take place during dormancy. The headwater stream /wetland systems will be planted as Headwater Forest communities (NCWAM, v. 4.12010) and may consist of the following: Headwater Forest Communitv - Wetland Plantine Area Common Name Scientific Name Wetland Indicator Tag alder Alnus serrulata FACW Silky dogwood Cornus amomum FACW Persimmon Diospyros virginiana FAC Green ash Fraxinus pennsylvanica FACW River birch Betula nigra FACW Tulip poplar Liriodendron tulipifera FACU Sweet bay Magnolia virginiana FACW Swamp tupelo Nyssa biflora OBL Overcup oak Quercus lyrata OBL Swamp chestnut oak Quercus michauxii FACW Laurel oak Quercus laurifolia FACW Water oak Quercus nigra FAC Willow oak Quercus phellos FAC Bald cypress Taxodium distichum OBL Red maple Acer rubrum FAC American elm Ulmus americana FAC Transitional Zone - Upland Plantine Area Common Name Scientific Name Wetland Indicator Beautyberry Callicarpa americana FACU Persimmon Diospyros virginiana FAC Green ash Fraxinus pennsylvanica FACW American holly Ilex opaca FACU Tulip poplar Liriodendron tulipifera FACU Sweet bay Magnolia virginiana FACW Black cherry Prunus serotina FACU Swamp chestnut oak Quercus michauxii FACW Willow oak Quercus phellos FAC Pin oak Quercus palustris FACW Southern red oak Quercus falcata FACU American elm Ulmus americana FAC A herbaceous seed mix composed of appropriate native species will be developed and used to further stabilize and restore the headwater stream /wetland complex and buffer zones following construction. The project easements will be marked and surveyed as per EEP's requirements contained within http: / /portal.ncdenr.org /web /eep /fd- forms - templates. The boundary marking plan is described in the attached project plan sheets (Appendix D). 28 Mitigation Plan 7.2 Design Parameters Stanley's Slough /Stanley's 11 Restoration Sites Stanley's Slough The mitigation approach for the SSS will aim to restore the headwater stream /wetland complex that drains to the Meherrin River. The available historic data, detailed soils mapping, and topographic and geographic positions suggest that a headwater forest used to exist in the lowland areas of the site (NCWAM, v. 4.1 2010). The site will be restored to a condition that resembles the former stream /wetland community. While the credit type and ratio for this project generally follow the framework of the restoration mitigation type, these mitigation types have been further refined to be considered either reestablishment or rehabilitation, which are both forms of restoration. Reestablishment occurs where the functions are returned to the site where an aquatic resource previously existed. Rehabilitation results in an improvement in most, if not all, aquatic resource functions at a degraded site (40 CFR Part 230). Based upon discussions with the IRT, it was decided that using these more specific mitigation types was the best way to address the fact that the existing conditions and current suite of functions are different for these restoration areas. The results of these discussions are different ratios for rehabilitation and reestablishment, although they are both considered restoration credit. The correspondence related to this discussion is included in Appendix B. Mitigation actions will focus on filling the dredged channels and creating a shallow braided headwater stream /wetland complex. Each of the individual restoration reaches have valley widths >100' and will be approached in a manner consistent with the guidance document Information Regarding Stream Restoration with Emphasis on the Coastal Plain (USACE, 2007). This design aims to restore the function of these systems, applying the guidance as described in that document for restoring riparian headwater systems. The restored streams will not be a single thread channel, but instead there will be multiple threads that will meander through a valley bottom, similar to existing reference systems found at the site. In these areas (channelized portions of T1 and T2), the stream /wetland valley will be protected by a 120' wide conservation easement (60' on either side of the wetland valley). T1 will also be reconnected to the relic forested headwater stream /wetland complex, which in turn will restore hydrology to the adjacent drained riparian wetlands For the first 1,700 linear feet of T1, the channelized stream will be redeveloped into a gently sloping (0.2 %, matching the slope of the channel in the existing wooded area) headwater stream valley. This will place shallow diffuse flow at the surface, creating a braided stream system. In this part of T1, the resource will be rehabilitated, since there will be an improvement to the entire suite of functions for the stream system. By eliminating the ditched channel and returning the flow to a braided system all of the wetland /stream functions will be improved and the functions of the system will be significantly increased compared to the existing conditions. When T1 approaches the tree line where it is currently ditched to the north, the restoration will connect the stream to the relic forested headwater stream /wetland system. By returning the hydrologic source to this relic stream /wetland system, the resource will be reestablished. By effectively rebuilding the system in this location the historic functions will be returned to this resource and there will be an overall gain in the resource area and function. Because there is already a stable system of braided channels that will be reclaimed, there will be minimal impact to the existing forested buffer. This diffuse channel will 29 Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites continue until it reaches an existing road and flows through a culvert under an existing road. The ditch to the north of T1, which currently connects drainage from T1 to T2, will be filled. Hydrology in T2 will continue to be driven by groundwater and precipitation inputs upstream of the ditch. Adjacent to the section of T1 through the forested area, wetlands will be reestablished and rehabilitated. Where the hydric soils are anticipated to regain wetland hydrology because of the stream being reconnected to the adjacent historic channel, wetland functions will be returned to these resources, resulting in wetland reestablishment. Where there are currently low lying areas that exhibit compromised wetland functions, the suite of functions will be greatly improved with this hydrologic regime change, resulting in wetland rehabilitation. At the current farm road, there will be culverts installed to continue the proper alignment of the wetland /stream valley. Currently there is no hydrologic connection between the western and eastern sides of the road, except when the road is overtopped. This will extend the stream reestablishment to the eastern side of the road where it flows into a channel that leads north to the confluence with T2. Similarly to T1, T2 will be rehabilitated by grading the channelized stream into a headwater stream /wetland valley in its place. The restored stream will leave shallow diffuse flow at the surface, creating a braided stream system similar to the rehabilitation for the upper portion of T1. At the beginning of T2 the area will be developed into a wetland seep, where the headwater stream /wetland valley begins. There is an existing culvert approximately halfway down T2, which will remain in place. Please see the mitigation overview in Section 7.4 and the project plan sheets included in Appendix D. The following elements of functional uplift, increase, and improvement are expected from this project: 1. Increase in groundwater recharge 2. Increase in sediment trapping and filtration 3. Increase in carbon storage 4. Increase in biochemical cycling of nutrients and other pollutants 5. Increase in habitat utilization by wildlife (migrants and residents) 6. Increase in landscape patch structure Summary Stream Restoration (Rehabilitation and Reestablishment) — 4,274 linear feet The existing channelized reaches, T1 (3,054 linear feet) and T2 (1,220 linear feet), will be filled and graded to a headwater stream /wetland complex. The restored streams will have shallow diffuse flow, creating a braided stream system. The relic channel will be restored to reconnect site hydrology to historic flow paths. Riparian Wetland Restoration (Rehabilitation and Reestablishment) — 3.6 acres The drained hydric soils adjacent to the relic forested stream /wetland valley will be restored to riparian wetland as part of the restoration of T1. There are also existing riparian wetlands that will be included within this part of the project and protected under the conservation easement. Wetland hydrology will be restored to the drained hydric soils when T1 is redirected to the existing relic channel, raising the groundwater elevations and providing overbank flow. The functional uplift will be significant in this wetland system because there is already a mature canopy of appropriate tree species. Following the completion of site grading, the riparian wetland will be planted as Headwater Forest Community as described in Section 7.1. Proposed project conditions are shown in Section 7.4. 30 Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites Reference Wetland A suitable reference wetland was found approximately 900 feet north of the northeastern edge of the SSS, within the Garriss parcel. The reference wetland is comprised of deciduous hardwoods over a shrub layer and is consistent with the Headwater Forest Community that will be the target wetland type at the project site. A groundwater monitoring well has been installed to document the reference wetland hydrology during the course of monitoring. Stanley's 11 The mitigation approach for SII will aim to restore and enhance the headwater wetland complex that drains to the Meherrin River. The restored riparian system will resemble a Headwater Forest community (NCWAM, v. 4.1). Mitigation actions will focus on filling ditches, developing and redirecting productive seeps, enhancing soil structure through targeted surface manipulation, and integrating the wetland area into the adjacent headwater stream /wetland complex. When the grading work is complete, the site will be stabilized with a native seed mix and planted with woody species typically found in a Headwater Forest community. While the credit type and ratio for this project generally follow the framework of the restoration mitigation type, these mitigation types have been further refined to be considered either reestablishment or rehabilitation, which are both forms of restoration. Reestablishment occurs where the functions are returned to the site where an aquatic resource previously existed. Rehabilitation results in an improvement in most, if not all, aquatic resource functions at a degraded site (40 CFR Part 230). Based upon discussions with the IRT, it was decided that using these more specific mitigation types was the best way to address the fact that the existing conditions and current suite of functions are different for these restoration areas. The results of these discussions are different ratios for rehabilitation and reestablishment, although they are both considered restoration credit. The correspondence related to this discussion is included in Appendix B. With the upper portion of T1 to the west, the southern portion of SII contains a mix of existing and drained wetlands. The existing drainage ditches and low lying areas, which drain SII to T1, will be graded to reconnect the wetland complex as a whole. This will be considered wetland rehabilitation in the low lying areas where there are minimally functioning wetlands currently. Where there are currently drained hydric soils adjacent to these wet areas, the wetlands will be reestablished, by the grading and filling of drainage features. This will maximize the functional uplift potential of both the SII and the SSS by incorporating upland buffers as well as additional and improved wetland acreage in this area of the site. The northern portion of the SII easement also contains a mix of existing and drained wetlands. The majority of this area will be reestablished through ditch filling, drainage area re- establishment (from the SSS), and development of the adjacent wetland areas within the soybean field. Please see the mitigation overview in Section 7.4 and the project plan sheets included in Appendix D. The following elements of functional uplift, increase, and improvement are expected from this project: 1. Increase in flood storage 2. Increase in groundwater recharge 3. Increase in sediment trapping and filtration 4. Increase in carbon storage 5. Increase in biochemical cycling of nutrients and other pollutants 6. Increase in habitat utilization by wildlife (migrants and residents) 7. Increase in landscape patch structure 31 Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites 8. Increase in shade and temperature control for the aquatic resources Summary Riparian Wetland Restoration (Rehabilitation and Reestablishment) — 7.6 acres The drained hydric soil areas within the project site will be restored to riparian wetland as part of this project and the marginal existing wetlands will be improved. Reference Wetland The same reference wetland used for the SSS will also be used as a reference site for the SII. 7.3 Data Analysis In order to model the effect of filling the onsite ditches and grading the wetland restoration areas of SSS and SII, DRAINMOD was used to simulate the before and after conditions. DRAINMOD is a computer simulation water balance model that follows the groundwater elevation in the surface profile using soil inputs, climatic data, and drainage conditions (NCSU, 2013). It was originally developed for agricultural drainage design, but has been adapted for evaluating wetland hydrology due to its modeling of poorly drained soils over a time step. Two different models were used for SII based on the restoration areas that have primarily either Tomotley or Roanoke soils. Climatic data (daily rainfall and maximum and minimum daily temperatures) were obtained from the Jackson, North Carolina COOP Station (314456), approximately 10 miles from the site and the closest station with at least 50 years of data. For the model simulation, 60 years of available data were used (1953- 2012). The daily rainfall was distributed to an hourly increment within the computer program. The temperatures were used in the Thornthwaite potential evapotranspiration calculations. The soils data were obtain from the NRCS parameters for the two soil series and from onsite observations (USDA 1994). The wetland criteria were set to evaluate the success of meeting 9% continuous saturation (23 days) over the growing period of March 11— November 20 (254 days). The Tomotley model was developed for the southern portion of the SII restoration area. For the existing conditions model, the average drain spacing for this area is approximately 200 feet and the average drain depth is 1.0 between the existing ditches and the channelized stream. The proposed conditions model has the same drain spacing (assuming a restored headwater stream - wetland complex), but with a drain depth of 0.5 feet. The surface storage was also increased to 2.0 inches to account for increased surface roughness in the restored wetland. Based on these conditions, the existing conditions model showed that wetland hydrology was achieved 0 out of 60 years. For the proposed conditions, the site achieved wetland hydrology for 41 out of 60 years, or 68% probability of reoccurrence. The Roanoke model was used for the northern section of SII. The ditch spacing in this area is closer together at an average of 120 feet. The average drain depth is 1.5 feet deep, primarily due to the channelized stream. For the proposed condition, the drain spacing was again kept the same and the drain depth was limited to 0.5 feet with 2 inches of surface storage. The existing conditions model indicated 1 out of 60 years (2 %) with wetland hydrology whereas the proposed conditions model predicted 51 out of 60 years, or 85 %. For the section of wetland in the wooded section of SSS, a relic stream channel exists in this area that will be reclaimed. Using the existing conditions within this area, the channel is approximately 1 foot 32 Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites deep and averages 75 feet wide within the drained hydric soils. Given these conditions, DRAINMOD models marginal wetland conditions, with hydrology being achieved 32 out 60 years. By restoring the stream through this section, additional hydrology within the channel will elevate the groundwater table and produce overbank flooding to restore the hydrologic conditions. The model results are included in Appendix C. 33 Mitigation Plan 7.4 Proposed Mitigation Plan View Trib 2 1 IL Stanley's Slough /Stanley's 11 Restoration Sites ' a q r! �. r Trib I Q SSS Proposed Project Boundary (17.6 ac) ! SII Proposed Easement (9.4 ac) r ® Utility Easement r + – – Headwater Stream Valley Centerline (4,274 If- 3,054 If T1 11,220 if T2) r Wetland Reestablishment (9.3 ac - 2.8 ac SSS 16.5 ac SI I) Wetland Rehabilitation (1.9 ac - 0.8 ac SSS 11.1 ac SII) t Wetland Preservation (0.5 ac SSS) Stream Reestablishment (3.5 ac SSS) Stream Rehabilitation (8.0 ac SSS) o J� Upland Inclusion (3.6 ac - 1.8 ac SSS 11.8 ac SII) PROJECT SITE PROPOSED MITIGATION PLAN VIEW Source NC2010 rl 200 100 0 200 STANLEY'S SLOUGH ! STANLEY'S II arhop —gery Feet RESTORATION SITES NORTHAMPTON COUNTY, NC 34 Mitigation Plan 8.0 MAINTENANCE PLAN Stanley's Slough /Stanley's 11 Restoration Sites The sites will be monitored on a regular basis, with a physical inspection of the sites conducted a minimum of once per year throughout the post- construction monitoring period until performance standards are met. These site inspections may identify site components and features that require routine maintenance. Routine maintenance should be expected most often in the first two years following site construction and may include the following: Component /Feature Maintenance Through Project Close -Out Routine channel maintenance and repair activities may include chinking of in- stream structures to prevent piping, securing of loose coir matting, and Stream supplemental installations of live stakes and other target vegetation along the channel. Areas where stormwater and floodplain flows intercept the channel may also require maintenance to prevent bank failures and head - cutting Routine wetland maintenance and repair activities may include securing of loose Wetland coir matting and supplemental installations of live stakes and other target vegetation within the wetland. Areas where stormwater and floodplain flows intercept the wetland may also require maintenance to prevent scour. Vegetation shall be maintained to ensure the health and vigor of the targeted plant community. Routine vegetation maintenance and repair activities may Vegetation include supplemental planting, pruning, mulching, and fertilizing. Exotic invasive plant species shall be controlled by mechanical and /or chemical methods. Any vegetation control requiring herbicide application will be performed in accordance with NC Department of Agriculture (NCDA) rules and regulations. Site boundaries shall be identified in the field to ensure clear distinction between the mitigation site and adjacent properties. Boundaries may be Site Boundary identified by fence, marker, bollard, post, tree - blazing, or other means as allowed by site conditions and /or conservation easement. Boundary markers disturbed, damaged, or destroyed will be repaired and /or replaced on an as needed basis. Road crossings within the site may be maintained only as allowed by Road Crossing Conservation Easement or existing easement, deed restrictions, rights of way, or corridor agreements. Additionally, a utility right of way exists adjacent to the northern extent of the SII, but because there is no creditable acreage within this right of way, it is not expected that the utility maintenance will affect the restored wetland. 35 Mitigation Plan 9.0 PERFORMANCE STANDARDS Stanley's Slough /Stanley's 11 Restoration Sites Both the SSS and SII will be monitored to determine if the development of the wetland indicators on site meet the standards for mitigation credit production as presented in Section 5.0. The site will also be monitored to document the development of the headwater stream system. The credits will be validated upon confirmation that the success criteria described below are met. The sites will be monitored for performance standards for seven years after completion of construction. Headwater Stream Performance Stream hydrology monitoring will be conducted to determine if the restored headwater streams meet the proposed performance criteria for headwater stream hydrology and form. The headwater stream will have continuous surface water flow within the valley, every year for at least 30 consecutive days. Additionally, the stream must show signs of supporting the restored channel form as documented with photos. These indicators may include evidence of: scour, sediment deposition and sorting, multiple flow events, wrack lines and flow over vegetation, leaf litter, or water staining. Hydrologic Performance Wetland hydrology monitoring will be conducted to determine if the restored wetland areas meet the proposed performance criteria for wetland hydrology. The sites will present continuous saturated or inundated hydrologic conditions for at least 9.0% of the growing season for riparian mitigation areas (2.8 acres for SSS and 6.4 acres for SII) during normal weather conditions based on a conservative estimate. A "normal" year is based on NRCS climatological data for Northampton County, and using the 30th to 70th percentile thresholds as the range of normal, as documented in the USACE Technical Report "Accessing and Using Meteorological Data to Evaluate Wetland Hydrology, April 2000." The soil survey for Northampton County estimates that the growing season begins March 11 and ends November 20 (254 days). Section 10 describes the monitoring requirements for the sites. Monitoring will comply with guidance included in "Monitoring Requirements and Performance Standards for Stream and /or Wetland Mitigation" (NCDENR EEP, 2011). Hydrologic performance will be determined through evaluation of automatic recording gauge data supplemented by documentation of wetland hydrology indicators as defined in the 1987 US ACOE Wetland Delineation Manual, daily data will be collected from automatic wells over the 7 -year monitoring period following implementation. These data will determine if the wetland meets the hydrology success criterion of the water table being within 12 inches of the ground surface continuously for greater than 9.0% of the growing season. Visual monitoring will also be conducted two times per year in each monitoring year as per the NC EEP guidance referenced above. Vegetation Success For both sites, the vegetation success criteria will comply with guidance included in "Monitoring Requirements and Performance Standards for Stream and /or Wetland Mitigation" (NCDENR EEP, 2011), which states that the plots must achieve a stem density of 320 stems /acre after three years, 260 stems /acre after five years, and 210 live planted stems /acre after seven years to be considered successful. In addition to density requirements, plant height will be monitored within the monitoring plots to ensure that trees average 10 feet in height after seven years. 9 L1.1 Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites 10.0 MONITORING REQUIREMENTS Annual monitoring data will be reported using the EEP monitoring template. The monitoring reports shall provide a project data chronology that will facilitate an understanding of project status and trends, population of EEP databases for analysis, research purposes, and assist in decision making regarding project close -out. Required Parameter Quantity Frequency Notes Yes Groundwater SSS — 3 gauges distributed in Annual Groundwater monitoring gauges with data Hydrology the wetland reestablishment recording devices will be installed on site; areas; 1 gauge in the wetland the data will be downloaded on a monthly rehabilitation area basis during the growing season SII - 7 gauges distributed in the wetland reestablishment areas; 1 gauge in the wetland rehabilitation area Surface Flow SSS — 9 gauges will be installed Annual In addition to the gauge data, physical throughout the indicators of flow will be documented and stream /wetland areas to reported in the annual monitoring reports. document surface water Yes Vegetation SSS — 11 permanent During Vegetation will be monitored using the vegetation monitoring plots monitoring Carolina Vegetation Survey (CVS) protocols SII — 9 permanent vegetation years 1, 2, monitoring plots 3, 5, and 7. Yes Exotic and Annual Locations of exotic and nuisance vegetation nuisance will be mapped vegetation Yes Project Semi- Locations of vegetation damage, boundary boundary annual encroachments, etc. will be mapped The first scheduled monitoring will be conducted during the first full growing season following project completion. Monitoring shall subsequently be conducted annually for a total period of seven years or until the project meets its success criteria. Groundwater elevations will be monitored to evaluate the attainment of jurisdictional wetland hydrology. Verification of wetland hydrology will be determined by automatic recording well data collected within the project area and reference wetland. Automatic recording gauges will be established within the mitigation areas. Daily data will be collected from the automatic gauges for a minimum of a 7- year monitoring period following wetland construction. A nearby reference wetland will also be monitored using the same procedures for comparative analysis (see Appendix B for reference wetland data sheet and location map). In the headwater stream /wetland areas of SSS automatic recording gauges will also be installed to document the presence of surface water. In addition to the presence of surface water, flow indicators, will also be documented to demonstrate that there are surface flows through the stream /wetland valley. Beginning at the end of the first growing season, KCI will monitor the planted vegetation in monitoring years 1, 2, 3, 5, and 7 or until the success criterion is met. The survivability of the vegetation plantings will be evaluated using a sufficient number of 100 mZ vegetative sampling plots randomly placed 37 Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites throughout both restored sites. Permanent monuments will be established at the corners of each monitoring plot and documented by either conventional survey or GPS. These plots will be monitored according to the current CVS /EEP monitoring protocol. The vegetation monitoring will follow the Level 2 method of the current CVS -EEP protocol ( http: / /cvs.bio.unc.edu /methods.htm). Photograph reference points (PRPs) will be established to assist in characterizing each site and to allow qualitative evaluation of the site conditions. The location of each photo point will be marked in the monitoring plan and the bearing /orientation of the photograph will be documented. Annual monitoring reports will be prepared and submitted after all monitoring tasks for each year are completed. The report will document the monitored components and include all collected data, analyses, and photographs. Each report will provide the new monitoring data and compare the most recent results against previous findings. The monitoring report format will be similar to that set out in the most recent EEP monitoring protocol. 11.0 LONG -TERM MANAGEMENT PLAN Upon approval for close -out by the Interagency Review Team (IRT), the sites will be transferred to the NCDENR Division of Natural Resource Planning and Conservation's Stewardship Program. This party shall be responsible for periodic inspection of the sites to ensure that restrictions required in the conservation easement are upheld. Endowment funds required to uphold easement and deed restrictions shall be negotiated prior to site transfer to the responsible party. The NCDENR Division of Natural Resource Planning and Conservation's Stewardship Program currently houses EEP stewardship endowments within the non - reverting, interest - bearing Conservation Lands Stewardship Endowment Account. The use of funds from the Endowment Account is governed by North Carolina General Statute GS 113A- 232(d)(3). Interest gained by the endowment fund may be used only for the purpose of stewardship, monitoring, stewardship administration, and land transaction costs, if applicable. The NCDENR Stewardship Program intends to manage the account as a non - wasting endowment. Only interest generated from the endowment funds will be used to steward the compensatory mitigation sites. Interest funds not used for those purposes will be re- invested in the Endowment Account to offset losses due to inflation. 12.0 ADAPTIVE MANAGEMENT PLAN Upon completion of site construction KCI will implement the post- construction monitoring protocols previously defined in this document. Project maintenance will be performed as described previously in this document. If, during the course of annual monitoring it is determined the site's ability to achieve site performance standards are jeopardized, KCI will notify the EEP and the USACE of the need to develop a Plan of Corrective Action. The Plan of Corrective Action may be prepared using in -house technical staff or may require engineering and consulting services. Once the Corrective Action Plan is prepared and finalized KCI will: 1. Notify the EEP and USACE as required by the Nationwide 27 permit general conditions. 2. Revise performance standards, maintenance requirements, and monitoring requirements as necessary and /or required by the USACE. 38 Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites 3. Obtain other permits as necessary. 4. Implement the Corrective Action Plan. 5. Provide the USACE a Record Drawing of Corrective Actions. This document shall depict the extent and nature of the work performed. 13.0 FINANCIAL ASSURANCES Pursuant to Section IV H and Appendix III of the Ecosystem Enhancement Program's In -Lieu Fee Instrument dated July 28, 2010, the North Carolina Department of Environment and Natural Resources has provided the U.S. Army Corps of Engineers Wilmington District with a formal commitment to fund projects to satisfy mitigation requirements assumed by EEP. This commitment provides financial assurance for all mitigation projects implemented by the program. 39 Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites 14.0 OTHER INFORMATION 14.1 Definitions 8 -digit Catalog Unit (CU) — The USGS developed a hydrologic coding system to delineate the country into uniquely identified watersheds that can be commonly referenced and mapped. North Carolina has 54 of these watersheds uniquely defined by an 8 -digit number. EEP typically addresses watershed — based planning and restoration in the context of the 17 river basins (each has a unique 6 -digit number), 54 catalog units and 1,601 14 -digit hydrologic units. 14 —digit Hydrologic Unit (HU) — In order to address watershed management issues at a smaller scale, the U.S. Natural Resources Conservation Service (NRCS) developed methodology to delineate and uniquely identify watersheds at a scale smaller than the 8 -digit catalog unit. A hydrologic unit is a drainage area delineated to nest in a multilevel, hierarchical drainage system. Its boundaries are defined by hydrographic and topographic criteria that delineate an area of land upstream from a specific point on a river, stream or similar surface waters. North Carolina has 1,601 14 -digit hydrologic units. DWQ— North Carolina Division of Water Quality EEP — The North Carolina Ecosystem Enhancement combines existing wetlands restoration initiatives (formerly the Wetlands Restoration Program or NCWRP) of the N.C. Department of Environment and Natural Resources with ongoing efforts by the N.C. Department of Transportation (NCDOT) to offset unavoidable environmental impacts from transportation- infrastructure improvements. Native vegetation community — a distinct and reoccurring assemblage of populations of plants, animals, bacteria and fungi naturally associated with each other and their population; as described in Schafale, M.P. and Weakley, A. S. (1990), Classification of the Natural Communities of North Carolina, Third Approximation. Project Area - includes all protected lands associated with the mitigation project. RBRP - The River Basin Restoration Priorities are documents that delineate specific watersheds (Targeted Local Watersheds) within a River Basin that exhibit both the need and opportunity for wetland, stream and riparian buffer restoration. TLW - Targeted Local Watershed, are 14 -digit hydrologic units which receive priority for EEP planning and restoration project funds. USGS — United States Geological Survey 40 Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites 14.2 References 40 CFR Part 230. 2008. Compensatory Mitigation for Losses of Aquatic Resources; Final Rule. Office of the Federal Registry, Washington, DC. pp. 19594 - 19705. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual, Technical Report Y -87 -1. Vicksburg, MS: U.S. Army Engineer Waterways Experiment Station. Faber - Langendoen, D., Rocchio, J., Schafale, M., Nordman, C., Pyne, M., Teague, J., Foti, T., Comer, P. 2006. Ecological Integrity Assessment and Performance Measures for Wetland Mitigation. NatureServe, Arlington, Virginia. Lindenmayer, D.B., and J.F. Franklin. 2002. Conserving forest biodiversity: A comprehensive multiscaled approach. Island Press, Washington, DC. NCDENR, Division of Water Quality. 2012a. Surface Water Classification. Last accessed 11/2012 at: http: / /portal.ncdenr.org /web /wq /ps /csu NCDENR, Division of Water Quality. 2012b. 2012 Final 303(d) list. Raleigh, NC. Last accessed 11/2012 at: http: // portal. ncdenr .org /web /wq /ps /mtu /assessment NCDENR, Ecosystem Enhancement Program. 2011. Monitoring Requirements and Performance Standards for Stream and /or Wetland Mitigation. Last accessed 11/2012 at: http: / /porta1.ncden r.org /c/ document _library /get_file ?p_I_id= 1169848 &folderld = 2288101 &nam e= DLFE- 39234.pdf NCDENR, Ecosystem Enhancement Program. 2009. Chowan River Basin Restoration Priorities 2009. Raleigh, NC. Last accessed 12/2012 at: http: // portal .ncdenr.org /c /document_library / get_file ?uuid= 87802543- d3e1- 4e0a- 803f- cc3354f75cd9 &groupld =60329 North Carolina State University, Soil & Water Management Group. DRAINMOD computer simulation program. Last accessed 4/2013 at http: / /www.bae. ncsu. edu /soil_water /drainmod /index.html NC Wetland Functional Assessment Team. 2010. NC Wetland Assessment Method (NC WAM) User Manual, version 4.1. Last accessed 11/2012 at: http: / /portal.ncdenr.org /c /document_ I bra ry /get_file ?u u id= 76f3c58b -dab8- 4960- ba43 -45 b7faf06f4c &grou pfd =38364 Peet, R.K., Wentworth, T.S., and White, P.S. 1998. A flexible, multipurpose method for recording vegetation composition and structure. Castanea 63:262 -274 Rosgen, D. (1996), Applied River Morphology, 2nd edition, Wildland Hydrology, Pagosa Springs, CO Schafale, M.P. and Weakley, A. S. 1990. Classification of the Natural Communities of North Carolina, Third Approximation, NC Natural Heritage Program, Raleigh, NC Stream Mitigation Guidelines, April 2003, US Army Corps of Engineers Wilmington District USDA, Natural Resources Conservation Service. 2010. Field Indicators of Hydric Soils in the United 41 Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites States: a Guide for Identifying and Delineating Hydric Soils, Version 7.0. USDA, Natural Resources Conservation Service, Water and Climate Center. 2007. RUSLE2 Related Attributes Table for Northampton, North Carolina. Last accessed 11/2012 at: http: / /soildatamart .nres.usda.gov /Survey.aspx ?County =NC061 USDA. 1994. Soil Survey of Northampton County, North Carolina. United States Department of Agriculture. VA DEQ. 2012. Draft 2012 305(b)/303(d) Water Quality Assessment Integrated Report. Richmond, VA. Last Accessed 5/2013 at: http: / /www.deq. state. va .us /Programs /Water /WaterQuality InformationTMDLs/ WaterQualityAssessments /2012305b303d Integrated Report .aspx Young, T.F. and Sanzone, S. (editors). 2002. A framework for assessing and reporting on ecological condition. Ecological Reporting Panel, Ecological Processes and Effects Committee. EPA Science Advisory Board. Washington, DC. 42 Mitigation Plan 14.3 Appendix A. Site Protection Instrument 43 Stanley's Slough /Stanley's 11 Restoration Sites Mitigation Plan 44 Stanley's Slough /Stanley's 11 Restoration Sites BK:00976 PG:0760 Northampton CO. 03 -22 -2013 NORTH CAROLINA Real Estate Etcise T. =x $401.00 STATE OF NORTH CAROLINA NORTHAMPTON COUNTY SPO File Number 66 -K (1) EEP Site ID Number 95356 (Stanley's Slough) Prepared by: Office of the Attorney General Property Control Section Return to: NC Department of Administration State Property Office 1321 Mail Service Center Raleigh, NC 27699 -1321 FILED NORTHAMPTON COUNTY, NC PAULINE: E. DELOATCH REGISTER OF DEEDS FILED Mar 22, 2013 AT 01:51:12 pm BOOK 009-4 7 6 START PAGE 0760 END PAGE 0769 INSTRUMENT # 005,157 PED CONSERVATION EASEMENT PROVIDED PURSUANT TO FULL DELIVERY MITIGATION CONTRACT THIS CONSERVATION EASEMENT DEED, made this z� "). day of AA cz_r c t-,_ , 2013, by Stanley T. Garriss and Wife Linda B. Garriss (collectively, "Grantor "), whose mailing address is 6523 NC Highway 186, Margarettsville, NC 27853, to the State of North Carolina, ( "Grantee "), whose mailing address is State of North Carolina, Department of Administration, State Property Office, 1321 Mail Service Center, Raleigh, NC 27699 -1321. The designations of Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143 - 214..8 et seq., the State of North Carolina has established the Ecosystem Enhancement Program (formerly known as the Wetlands Restoration Program) within the Department of Environment and Natural Resources for the purposes of acquiring, maintaining, restoring, enhancing, creating and preserving wetland and riparian resources that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; and WHEREAS, this Conservation Easement from Grantor to Grantee has been negotiated, arranged and provided for as a condition of a full delivery contract between KCI Technologies, Inc. and the North Carolina Department of Environment and Natural Resources, to provide stream, wetland and /or buffer mitigation pursuant to the North Carolina Department of Environment and Natural Resources Purchase and Services Contract Number 004635. BK- 00976 PG-0761 WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation Easement pursuant to N.C. Gen. Stat. § 121 -35; and WHEREAS, the Department of Environment and Natural Resources, the North Carolina Department of Transportation and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in Greensboro, NC on July 22, 2003, which recognizes that the Ecosystem Enhancement Program is to provide for compensatory mitigation by effective protection of the land, water and natural resources of the State by restoring, enhancing and preserving ecosystem functions; and WHEREAS, the acceptance of this instrument for and on behalf' of the State of North Carolina was granted to the Department of Administration by resolution as approved by the Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina, on the 81" day of February 2000; and WHEREAS, the Ecosystem Enhancement Program in the Department of Environment and Natural Resources, which has been delegated the authority authorized by the Governor and Council of State to the Department of Administration, has approved acceptance of this instrument; and WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being in Wiceacanee Township, Northampton County, North Carolina (the "Property "), and being more particularly described as that certain parcel of land containing approximately 214 net acres, described on plat recorded in Plat Book 2, Page 178, Northampton County Registry, and being conveyed to the Grantor by deed as recorded in Deed Book 875 at Page 760 of the Northampton County Registry, North Carolina; and WHEREAS, Grantor is willing to grant a Conservation Easement over the herein described areas of the Property, thereby restricting and limiting the use of the included areas of the Property to the terms and conditions and purposes hereinafter set forth, and Grantee is willing to accept such Conservation Easement. This Conservation Easement shall be for the protection and benefit of Meherrin River. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation Easement along with a general Right of Access. The Easement Area consists of the following: Conservation Easement #3 containing a total of 5.67 acres as shown on the plat of survey entitled "Final Plat, Conservation Easement for North Carolina Ecosystem Enhancement Program, Project Name: Stanley Slough Wetland and Stream Restoration Project, EEP Project #: 95356, SPO #: 66 -K and 66 -L," dated August 23, 2012, revised March 13, 2013 by James M. Gellenthin, PLS Number L -3860 and recorded in the Northampton County, North Carolina Register of Deeds at Map Book 43 Page 68 (the "Easement Plat "). 2 BK- 00976 PG: 0762 The Conservation Easement tracts described above are conveyed together with and including a perpetual nonexclusive right and easement appurtenant for ingress, egress and regress to the above described Conservation Easement tracts over and across farm paths, crossings and access areas in- between the Conservation Easement Areas as depicted on the Easement Plat referred to aboN e. See attached "Exhibit A ", Legal Description of area of the Property hereinafter referred to as the "Easement Area" The purposes of this Conservation Easement are to maintain, restore, enhance, construct, create and preserve wetland and /or riparian resources in the Easement Area that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; to maintain permanently the Easement Area in its natural condition, consistent with these purposes; and to prevent any use of the Easement Area that will significantly impair or interfere with these purposes. To achieve these purposes, the following conditions and restrictions are set forth: L DURATION OF EASEMENT Pursuant to law, including the above referenced statutes, this Conservation Easement and Right of Access shall be perpetual and it shall run with, and be a continuing restriction upon the use of, the Property, and it shall be enforceable by the Grantee against the Grantor and against Grantor's heirs, successors and assigns, personal representatives, agents, lessees, and licensees. II. GRANTOR RESERVED USES AND RESTRICTED ACTIVITES The Easement Area shall be restricted from any development or usage that would impair or interfere with the purposes of this Conservation Easement. Unless expressly reserved as a compatible use herein, any activity in, or use of, the Easement Area by the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement. Any rights not expressly reserved hereunder by the Grantor have been acquired by the Grantee. Any rights not expressly reserved hereunder by the Grantor, including the rights to all mitigation credits, including, but not limited to, stream, wetland, and riparian buffer mitigation units, derived from each site within the area of the Conservation Easement, are conveyed to and belong to the Grantee. Without limiting the generality of the foregoing, the following specific uses are prohibited, restricted, or reserved as indicated: A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational uses, including hiking, bird watching, hunting and fishing, and access to the Easement Area for the purposes thereof. B. Motorized Vehicle Use. Motorized vehicle use in the Easement Area is prohibited. C. Educational Uses. The Grantor reserves the right to engage in and permit others to engage in educational uses in the Easement Area not inconsistent with this Conservation Easement, and the right of access to the Easement Area for such purposes including organized BK:00916 Pt -:0763 educational activities such as site visits and observations. Educational uses of the property shall not alter vegetation, hydrology or topography of the site. D. Vegetative Cutting. Except as related to the removal of non - native plants, diseased or damaged trees, or vegetation that destabilizes or renders unsafe the Easement Area to persons or natural habitat, all cutting, removal, mowing, harming, or destruction of any trees and vegetation in the Easement Area is prohibited. Notwithstanding the foregoing, the Grantor reserves the right to mow and maintain vegetation inside the easement within 6 feet of the fence as shown on the Survey Plat and extending along the entire length of the fence. The Grantee is not responsible for fence maintenance, but reserves the right to maintain, repair or replace the fence at the sole discretion of the Grantee. E. Industrial, Residential and Commercial Uses. All industrial, residential and commercial uses are prohibited in the Easement Area. F. Agricultural Use. All agricultural uses are prohibited within the Easement Area including any use for cropland, waste lagoons, or pastureland. G. New Construction. There shall be no building, facility, mobile home, antenna, utility pole, tower, or other structure constructed or placed in the Easement Area. H. Roads and Trails. There shall be no construction of roads, trails, walkways, or paving in the Easement Area. I. Signs. No signs shall be permitted in the Easement Area except interpretive signs describing restoration activities and the conservation values of the Easement Area, signs identifying the owner of the Property and the holder of the Conservation Easement, signs giving directions, or signs prescribing rules and regulations for the use of the Easement Area. J. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery, or any other material in the Easement Area is prohibited. K. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling, excavation, dredging, mining, drilling; removal of topsoil, sand, gravel, rock, peat, minerals, or other materials. L. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or diverting, causing, allowing or permitting the diversion of surface or underground water in the Easement Area. No altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns is allowed. All removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides in the Easement Area is prohibited. In the event of an emergency interruption or shortage of all other water sources, 4 SK-00976 PG -0764 water from within the Easement Area may temporarily be used for good cause shown as needed for the survival of livestock and agricultural production on the Property. M. Subdivision and Conveyance. Grantor voluntarily agrees that no subdivision, partitioning, or dividing of the underlying Property owned by the Grantor in fee simple ( "fee ") that is subject to this Easement is allowed. Unless agreed to by the Grantee in writing, any future conveyance of the underlying fee and the rights conveyed herein shall be as a single block of property. Any future transfer of the fee simple shall be subject to this Conservation Easement. Any transfer of the fee is subject to the Grantee's right of unlimited and repeated ingress and egress over and across the Property to the Easement Area for the purposes set forth herein. N. Development Rights. All development rights are permanently removed from the Easement Area and are non - transferrable. 0. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Easement Area or any intentional introduction of non - native plants, trees and /or animal species by Grantor is prohibited. The Grantor may request permission to vary from the above restrictions for good cause shown, provided that any such request is not inconsistent with the purposes of this Conservation Easement, and the Grantor obtains advance written approval from the N.C. Ecosystem Enhancement Program, whose mailing address is 1652 Mail Services Center, Raleigh, NC 27699 -1652. III. GRANTEE RESERVED USES A. Right of Access, Construction, and Inspection. The Grantee, its employees and agents, successors and assigns, are hereby granted and receive a perpetual non - exclusive easement for access to the Easement Area over the Property at reasonable times to undertake any activities to restore, construct, manage, maintain, enhance, and monitor the stream, wetland and any other riparian resources in the Easement Area, in accordance with restoration activities or a long -term management plan. Unless otherwise specifically set forth in this Conservation Easement, the rights granted herein do not include or establish for the public any access rights. The recommended access to the site from Margarettsville Street is shown on the Easement Plat referred to above. B. Restoration Activities. These activities include planting of trees, shrubs and herbaceous vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and prepare the soil, modification of the hydrology of the site, and installation of natural and manmade materials as needed to direct in- stream, above ground, and subterraneous water flow. C. Signs. The Grantee, its employees and agents, successors or assigns, shall be permitted to place signs and witness posts on the Property to include any or all of the following: describe the project, prohibited activities within the Conservation Easement, or identify the project boundaries and the holder of the Conservation Easement. D. Fences. The Grantee, its employees and agents, successors or assigns, shall be permitted to place fencing on the Property to restrict livestock access. Although the Grantee is not EX 00976 PG: 0761 responsible for fence maintenance, the Grantee reserves the right to repair the fence, at its sole discretion. IV. ENFORCEMENT AND REMEDIES A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity within the Easement Area that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features in the Easement Area that may have been damaged by such unauthorized activity or use. Upon any breach of the germs of this Conservation Easement by Grantor, the Grantee shall, except as provided below, notify the Grantor -in writing of such breach and the Grantor shall have ninety (90) days after receipt of such notice to correct the damage caused by such breach. If the breach. and damage remains uncured after ninety (90) days, the Grantee may enforce this Conservation Easement by bringing appropriate legal proceedings including an action to recover damages, as well as injunctive and other relief. The Grantee shall also have the power and authority, consistent with its statutory authority: (a) to prevent any impairment of the Easement Area by acts which may be unlawful or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek damages from any appropriate person or entity. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief, if the breach is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement, and the Grantor and Grantee acknowledge that the damage would be irreparable and remedies at law inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. B. Inspection. The Grantee, its employees and agents, successors and assigns, have the right, with reasonable notice, to enter the Easement Area over the Property at reasonable times for the purpose of inspection to determine whether the Grantor is complying with the terms, conditions and restrictions of this Conservation Easement. C. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Easement Area caused by third parties, resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life or damage to the Property resulting from such causes. I). Costs of Enforcement. Beyond regular and typical monitoring expenses, any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, including, without limitation, any costs of restoration necessitated by Grantor's acts or omissions in violation of the terms of this Conservation Easement, shall be borne by Grantor. E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and any forbearance, delay or omission by Grantee to exercise its rights hereunder in the event of any breach of any term set forth herein shall not be construed to be a waiver by Grantee. 0 BK:00976 PG -0766 V. MISCELLANEOUS A. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be invalid, the remainder of the provisions of the Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. B. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Upkeep of any constructed bridges, fences, or other amenities on the Property are the sole responsibility of the Grantor. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. C. Any notices shall be sent by registered or certified mail, return receipt requested to the parties at their addresses shown herein or to other addresses as either part), establishes in writing upon notification to the other. D. Grantor shall notify Grantee in writing of the name and address and any party to whom the Property or any part thereof is to be transferred at or prior to the time said transfer is made. Grantor further agrees that any subsequent lease, deed, or other legal instrument by which any interest in the Property is conveyed subject to the Conservation Easement herein created. E. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any rnerger of the fee and easement interests in the Property or any portion thereof. F. This Conservation Easement and Right of Access may be amended, but only in writing signed by all parties hereto, or their successors or assigns, if such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the purposes of the Conservation Easement. 'The owner of the Property shall notify the U.S. Army Corps of Engineers in writing sixty (60) days prior to the initiation of any transfer of all or any part of the Property. Such notification shall be addressed to: Justin McCorkle, General Counsel, US Army Corps of Engineers, 69 Darlington Avenue, Wilmington, NC 28403 G. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however, that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121 -34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be :required to continue in perpetuity the conservation purposes described in this document. 7 B K: 00976 P G 0707 H. Linda B. Garriss is not an owner of the Property, and joins in this instrument solely for the purpose of releasing and quitclaiming any rights in or to the Property that she may have or hereafter acquire under law by virtue of her marriage to Stanley T. Garriss. VI. QUIET ENJOYMENT Grantor reserves all remaining rights accruing from ownership of the Property, including the right to engage in or permit or invite others to engage in only those uses of the Easement Area that are expressly reserved herein, not prohibited or restricted herein, and are not inconsistent with the purposes of this Conservation Easement. Without limiting the generality of the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and licensees, the right of access to the Easement Area, and the right of quiet enjoyment of the Easement Area TO HAVE AND TO HOLD, the said rights and easements perpetually unto the State of North Carolina for the aforesaid purposes. AND Grantor covenants that Grantor is seized of said premises in Iree and has the right to convey the permanent Conservation Easement herein granted; that the same is free from encumbrances and that Grantor will warrant and defend title to the same against the claims of all persons whomsoever. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. (SEAL) Stanley T. G# 1s (SEAL) Linda B. Garriss BK:00976 PG-0768 NORTH CAROLINA COUNTY OF n% U R t 14 A hi P% Al 1, L kc,, -(e r JA - .Sl ocA, --J�1— ' a Notary Public in and for the County and State aforesaid, do hereby certify that Stanley T. Garriss and wife Linda B. Garriss, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of 2013. Print name: 6.3,- S � Notary Public My commission expires: A U 1 Z S jDUB-0 !!!lllli11111111`"� 9 BK- 00976 FIG-0769 "Exhibit A" STANLEY T. GARRISS CONSERVATION EASEMENT 3 A parcel of land to be used for Conservation Easement purposes located on lands now or formerly owned by Stanley T. Garriss (Deed Book 875 Page 760) located in Wiccacanee Township, Northampton County, North Carolina and being more particularly described as follows: Commencing at the Northwest corner of lands now or formerly owned by John William Vaughan (Deed Book 366 Page 148, Estate Re£# 85 E 71) being on the South line ofa 100 foot Virginia Electric and Power Company Right of Way, said point having North Carolina State Plane coordinates of N:1018881.86, E:2484517.06; Thence S 08 °21'37" E on the West line of said lands owned by John William Vaughan, a distance of 313.33 feet to the Point of Beginning; Thence S 08 °21'37" E, continuing on the said West line of John William Vaughan, a distance of 222.82 feet to a 5/8 inch rebar set with aluminum cap; Thence S 24 °59'05" W a distance of 329.96 feet to a 5/8 inch rebar set with aluminum cap; Thence S 02 °22'26" E a distance of 114.69 feet to a 5/8 inch rebar set with aluminum cap; Thence S 12 °01'46" W a distance of 278.89 feet to a 5/8 inch rebar set with aluminum cap; Thence S 20'l F43" W a distance of 346.60 feet to a 5/8 inch rebar set with aluminum cap; Thence S 11'03'05" W a distance of 294.07 feet to a 5/8 inch rebar set with aluminum cap; Thence S 19 °13'32" W a distance of 311.40 feet to a 5/8 inch rebar set with aluminum cap; Thence N 74'19'33" W a distance of 139.72 feet to a 5/8 inch rebar set with aluminum cap; Thence N 19° 14'58" E a distance of 3 11.3 2 feet to a 5/8 inch rebar set with aluminum cap; Thence N 12 °00'06" E a distance of 385.06 feet to a 5/8 inch rebar set with aluminum cap; Thence N 17° 10'59" E a distance of 366.04 feet to a 5/8 inch rebar set with aluminum cap; Thence N 38 °11'22" E a distance of 18.35 feet to a 5/8 inch rebar set with aluminum cap; Thence N 21 ° 15'07" E a distance of 132.80 feet to a 5/8 inch rebar set with aluminum cap; Thence N 04 °50'15" W a distance of 150.91 feet to a 5/8 inch rebar set with aluminum cap; Thence N 26 °43'54" E a distance of 524.30 feet to the Point of Beginning. Containing 246,930 square feet or 5.67 acres, more or less. 10 BK :00976 PG-0770 Northampton CO. 03 -22 -2013 (NORTH CAROLINA Real Estate Excise Tax $267.00 STATE OF NORTH CAROLINA NORTHAMPTON COUNTY SPO File Number 66 -L EEP Site ID Number 95356 (Stanley's Slough) Prepared by: Office of the Attorney General Property Control Section Return to: NC Department of Administration State Property Office l 1321 Mail Service Center Raleigh, NC 27699 -1321 FILED NORTHAMPTON COUNTY, NC PAULINE E. DELOATCH REGISTER OF DEEDS FILED Mar 22, 2013 AT 01:53:24 pm BOOK 00976 START PAGE 0770 END PAGE 0778 INSTRUMENT # 00558 PED CONSERVATION (EASEMENT PROVIDED PURSUANT TO FULL DELIVERY MITIGATION CONTRACT THIS CONSERVATION EASEMENT DEED, made this day of 0 w- C �1 , 2013, by John William Vaughan, widower ( "Grantor "), whose mailing address is 253 Margarettsville Street, Margarettsville, NC 27853, to the State of North Carolina, ( "Grantee "), whose mailing address is State of North Carolina, Department of Administration, State Property Office, 1321 Mail Service Center, Raleigh, NC 27699 - 132.1. The designations of Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. k "AMILYeI_MR31111 Y: A WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143 -214.8 et seq., the State of North Carolina has established the Ecosystem Enhancement Program (formerly known as the Wetlands Restoration Program) within the Department of Environment and Natural Resources for the purposes of acquiring, maintaining, restoring, enhancing, creating and preserving wetland and riparian resources that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; and WHEREAS, this Conservation Easement from Grantor to Grantee has been negotiated, arranged and provided for as a condition of a full delivery contract between KCI Technologies, Inc. and the North Carolina Department of Environment and Natural Resources, to provide stream, wetland and /or buffer mitigation pursuant to the North Carolina Department of Environment and Natural Resources Purchase and Services Contract Number 004635. Vaughan - Conscrvation Easement Arca 4 (3 -13 -1 --;l.cicc. BK:00976 PG:0771 WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation Easement pursuant to N.C. Gen. Stat. § 121 -35; and WHEREAS, the Department of Environment and Natural Resources, the North Carolina Department of Transportation and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in Greensboro, NC on July 22, 2003, which recognizes that the Ecosystem Enhancement Program is to provide for compensatory mitigation by effective protection of the land, water and natural resources of the State by restoring, enhancing and preserving ecosystem functions; and WHEREAS, the acceptance of this instrument for and on behalf of the State of North Carolina was granted to the Department of Administration by resolution as approved by the Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina, on the 8th day of February 2000; and WHEREAS, the Ecosystem Enhancement Program in the Department of Environment and Natural Resources, which has been delegated the authority authorized by the Governor and Council of State to the Department of Administration, has approved acceptance of this instrument; and WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being in Wiccacanee Township, Northampton County, North Carolina (the "Property "), and being more particularly described as that certain parcel of land containing approximately 40.3 net acres, and being conveyed to the Grantor by deed as recorded in Deed Book 366 at Page 148 and 85 -E -71 of the Northampton County Registry, North Carolina; and WHEREAS, Grantor is willing to grant a Conservation Easement over the herein described areas of the Property, thereby restricting and limiting the use of the included areas of the Property to the terms and conditions and purposes hereinafter set forth., and Grantee is willing to accept such Conservation Easement. This Conservation Easement shall be for the protection and benefit of Meherrin River. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation Easement along with a general Right of Access. The Easement Areas consist of the following: Conservation Easement 4 containing 8.87 acres as shown on the plat oil survey entitled "Final Plat, Conservation Easement for North Carolina Ecosystem Enhancement Program, Project Name: Stanley Slough Wetland and Stream Restoration Project, EEP Project #: 95356, SPO #: 66 -K and 66 -L," dated August 23, 2012, revised March 13, 2013 by James M. Gellenthin1 PLS Number L -3860 and recorded in the Northampton County, North Carolina Register of Deeds at Map Book 43 Page 68 (the "Easement Plat "). The Conservation Easement tracts described above are conveyed together with and including a perpetual nonexclusive right and easement appurtenant for ingress, egress and regress to the Vauwlian - Conservation F�isement ;Area 4 (3 -1 3- l.'�l.dcc 2 BK- 00976 PG:0772 above described Conservation Easement tracts over and across Margarettsville Road ( a public right of way), farm paths, crossings and access areas in- between the Conservation Easement Areas as depicted on the Easement Plat referred to above. See attached "Exhibit A ", Legal Description of areas of the Property hereinafter referred to as the "Easement Area" The purposes of this Conservation Easement are to maintain, restore, enhance, construct, create and preserve wetland and /or riparian resources in the Easement Area that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; to maintain permanently the Easement Area in its natural condition, consistent with these purposes; and to prevent any use of the Easement Area that will significantly impair or interfere with these purposes. To achieve these purposes, the following conditions and restrictions are set forth: I. DURATION OF EASEMENT Pursuant to law, including the above referenced statutes, this Conservation Easement and Right of Access shall be perpetual and it shall run with, and be a continuing restriction upon the use of, the Property, and it shall be enforceable by the Grantee against the Grantor and against Grantor's heirs, successors and assigns, personal representatives, agents, lessees, and licensees. II. GRANTOR RESERVED USES AND RESTRICTED ACTIVITES The Easement Area shall be restricted from any development or usage that would impair or interfere with the purposes of this Conservation Easement. Unless expressly reserved as a compatible use herein, any activity in, or use of, the Easement Area by the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement. Any rights not expressly reserved hereunder by the Grantor have been acquired by the Grantee. Any rights not expressly reserved hereunder by the Grantor, including the rights to all mitigation credits, including, but not limited to, stream, wetland, and riparian buffer mitigation units, derived from each site within the area of the Conservation Easement, are conveyed to and belong to the Grantee. Without limiting the generality of the foregoing, the following specific uses are prohibited, restricted, or reserved as indicated: A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational uses, including hiking, bird watching, hunting and fishing, and access to the Easement Area for the purposes thereof. B. Motorized Vehicle Use. Motorized vehicle use in the Easement Area is prohibited. C. Educational Uses. The Grantor reserves the right to engage in and permit others to engage in educational uses in the Easement Area not inconsistent with this Conservation Easement, and the right of access to the Easement Area for such purposes including organized educational activities such as site visits and observations. Educational uses of the property shall not alter vegetation, hydrology or topography of the site. Vaughan - CoI1SCl"Vatl011 Easement Arca 4 (3- 13- 13).doc. BK:00976 PC.;: 077; D. Vegetative Cutting. Except as related to the removal of non - native plants, diseased or damaged trees, or vegetation that destabilizes or renders unsafe the Easement Area to persons or natural habitat, all cutting, removal, mowing, harming, or destruction of any trees and vegetation in the Easement Area is prohibited. E. Industrial, Residential and Commercial Uses. All industrial, residential and commercial uses are prohibited in the Easement Area. F. Agricultural Use. All agricultural uses are prohibited within the Easement Area including any use for cropland, waste lagoons, or pastureland. G. New Construction. There shall be no building, facility, mobile home, antenna, utility pole, tower, or other structure constructed or placed in the Easement Area. H. Roads and Trails. There shall be no construction of roads, trails, walkways, or paving in the Easement Area. I. Signs. No signs shall be permitted in the Easement Area except interpretive signs describing restoration activities and the conservation values of the :Easement Area, signs identifying the owner of the Property and the holder of the Conservation ]Easement, signs giving directions, or signs prescribing rules and regulations for the use of the Easement Area. J. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery, or any other material in the Easement Area is prohibited. K. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling, excavation, dredging, mining, drilling; removal of topsoil, sand, gravel, rock, peat, minerals, or other materials. L. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or diverting, causing, allowing or permitting the diversion of surface or underground water in the Easement Area. No altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns is allowed. All removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides in the Easement Area is prohibited. In the event of an emergency interruption or shortage of all other water sources, water from within the Easement Area may temporarily be used for good cause shown as needed for the survival of livestock and agricultural production on the Property. M. Subdivision and Conveyance. Grantor voluntarily agrees that no subdivision, partitioning, or dividing of the underlying Property owned by the Grantor in fee simple ( "fee ") that is subject to this Easement is allowed. Unless agreed to by the Grantee in writing, any future conveyance of the underlying fee and the rights conveyed herein shall be as a single block of property. Any future transfer of the fee simple shall be subject to this Conservation Easement. Any transfer of the fee is subject to the Grantee's right of unlimited and repeated ingress and egress over and across the Property to the Easement Area for the purposes set forth herein. Vau,(0han - Conservation Easement Area 4 (3- 13- 13).doc 4 BK:00976 PG:0774 N. Development Rights. All development rights are permanently removed from the Easement Area and are non - transferrable. O. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Easement Area or any intentional introduction of non - native plants, trees and /or animal species by Grantor is prohibited. The Grantor may request permission to vary from the above restrictions for good cause shown, provided that any such request is not inconsistent with the purposes of this Conservation Easement, and the Grantor obtains advance written approval from the N.C. Ecosystem Enhancement Program, whose mailing address is 1652 Mail Services Center, Raleigh, NC 27699 -1652. III. GRANTEE RESERVED USES A. Right of Access, Construction, and Inspection. The Grantee, its employees and agents, successors and assigns, are hereby granted and receive a perpetual non - exclusive easement for access to the Easement Area over the Property at reasonable times to undertake any activities to restore, construct, manage, maintain, enhance, and monitor the stream, wetland and any other riparian resources in the Easement Area, in accordance with restoration activities or a long -term management plan. Unless otherwise specifically set forth in this Conservation Easement, the rights granted herein do not include or establish for the public any access rights. The recommended access to the site from Margarettsville Street is shown on the Easement Plat referred to above. Without limitation of the foregoing, Grantor grants to Grantee, its employees and agents, successors and assigns, a perpetual non - exclusive easement for access to the land located North of the Property (now owned by Stanley T. Garriss), along the farm path or road leading from Margarettsville Street across the Northeast corner of the Property. B. Restoration Activities. These activities include planting of trees, shrubs and herbaceous vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and prepare the soil, modification of the hydrology of the site, and installation of natural and manmade materials as needed to direct in- stream, above ground, and subterraneous water flow. C. Signs. The Grantee, its employees and agents, successors or assigns, shall be permitted to place signs and witness posts on the Property to include any or all of the following: describe the project, prohibited activities within the Conservation Easement, or identify the project boundaries and the holder of the Conservation Easement. D. Fences. The Grantee, its employees and agents, successors or assigns, shall be permitted to place fencing on the Property to restrict livestock access. Although the Grantee is not responsible for fence maintenance, the Grantee reserves the right to repair the fence, at its sole discretion. IV. ENFORCEMENT AND REMEDIES A. Enforcement. To accomplish the purposes of this Conservation. Easement, Grantee is allowed to prevent any activity within the Easement Area that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features in the Easement Area Vat.iglian - Conservation Casement Area 4 (3- 13- 13).d��c BK:00976 PG-0715 that may have been damaged by such unauthorized activity or use. Upon any breach of the terms of this Conservation Easement by Grantor, the Grantee shall, except as provided below, notify the Grantor -in writing of such breach and the Grantor shall have ninety (90) days after receipt of such notice to correct the damage caused by such breach. If the breach and damage remains uncured after ninety (90) days, the Grantee may enforce this Conservation Easement by bringing appropriate legal proceedings including an action to recover damages, as well as injunctive and other relief. The Grantee shall also have the power and authority, consistent with its statutory authority: (a) to prevent any impairment of the Easement Area by acts which may be unlawful or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek damages from any appropriate person or entity. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief, if the breach is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement, and the Grantor and Grantee acknowledge that the damage would be irreparable and remedies at law inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. B. Inspection. The Grantee, its employees and agents, successors and assigns, have the right, with reasonable notice, to enter the Easement Area over the Property at reasonable times for the purpose of inspection to determine whether the Grantor is complying with the terms, conditions and restrictions of this Conservation Easement. C. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Easement Area caused by third parties, resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life- or damage to the Property resulting from such causes. D. Costs of Enforcement. Beyond regular and typical monitoring expenses, any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, including, without limitation, any costs of restoration necessitated by Grantor's acts or omissions in violation of the terms of this Conservation Easement, shall be borne by Grantor. E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and any forbearance, delay or omission by Grantee to exercise its rights hereunder in the event of any breach of any term set forth herein shall not be construed to be a waiver by Grantee. V. MISCELLANEOUS A. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be invalid, the remainder of the provisions of the Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. Vaughan - Conservation Casement Area 4 (3- 13- 13).doc 6 BK-00976 PG.-0776 B. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Upkeep of any constructed bridges, fences, or other amenities on the Property are the sole responsibility of the Grantor. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. C. Any notices shall be sent by registered or certified mail, return receipt requested to the parties at their addresses shown herein or to other addresses as either party establishes in writing upon notification to the other. D. Grantor shall notify Grantee in writing of the name and address and any party to whom the Property or any part thereof is to be transferred at or prior to the time said transfer is made. Grantor further agrees that any subsequent lease, deed, or other legal instrument by which any interest in the Property is conveyed subject to the Conservation Easement herein created. E. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any portion. thereof. F. This Conservation Easement and Right of Access may be amended, but only in writing signed by all parties hereto, or their successors or assigns, if such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee; under any applicable laws, and is consistent with the purposes of the Conservation Easement. The owner of the Property shall notify the U.S. Army Corps of Engineers in writing sixty (60) days prior to the initiation of any transfer of all or any part of the Property. Such notification shall be addressed to:.lustin McCorkle, General Counsel, US Army Corps of Engineers, 69 Darlington Avenue, Wilmington, NC 28403 G. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however, that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121 -34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. VI. QUIET ENJOYMENT Grantor reserves all remaining rights accruing from ownership of the Property, including the right to engage in or permit or invite others to engage in only those uses of the Easement Area that are expressly reserved herein, not prohibited or restricted. herein, and are not inconsistent with the purposes of this Conservation Easement. Without limiting the generality of the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and licensees, the right of access to the Easement Area, and the right of quiet enjoyment of the Easement Area Vau��han - Conservation Eascinent Area 4 (3- 13- 131.dec 7 BK:00976 PG -0771 TO HAVE AND TO HOLD, the said rights and easements perpetually unto the State of North Carolina for the aforesaid purposes. AND Grantor covenants that Grantor is seized of said premises in fee and has the right to convey the permanent Conservation Easement herein granted; that the same is free from encumbrances and that Grantor will warrant and defend title to the same against the claims of all persons whomsoever. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. s Jon William Vaughan NORTH CAROLINA COUNTY OF NORTHAMPTON 1, a Notary Public in and for the County and State aforesaid, do hereby certify that John William Vaughan, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WIT ESS WHEREOF, I have hereunto set my hand and Notary Seal this the L�- day of 0-'Q- � , 2013. Print name: C h &� (er Notary Public My commission expires: ��� °° ��° �R;•• °••. ' ) Vau-han - Conservation Easement Area 4 (3- 13- 131.dc�c 8 BK- 00976 PG:0778 "Exhibit A" (Legal Description) JOHN WILLIAM VAUGHAN CONSERVATION EASEMENT 4 A parcel of land to be used for Conservation Easement purposes located on lands now or formerly owned by John William Vaughan (Deed Book 366 Page 148, Estate Ref.# 85 E 71) located in Wiccacanee Township, Northampton County, North Carolina and being more particularly described as follows: Beginning at the Northwest corner of said lands owned by John William Vaughan and being on the South line of a 100 foot Virginia Electric and Power Company Right of Way, said point having North Carolina State Plane coordinates of N:1018881.86, E:25845117.06; Thence S 78 °22'05" E a distance of 274.93 feet to a 5/8 inch rebar set with aluminum cap; Thence N 71'35'24" E a distance of 410.13 feet to a 5/8 inch rebar set with aluminum cap; Thence N 89 °25'53" E a distance of 76.27 feet to a 5/8 inch rebar set with ,aluminum cap; Thence N 50 °22'49" E a distance of 186.00 feet to a 5/8 inch rebar set with aluminum cap; Thence N 11 °55'16" E a distance of 116.11 feet to a 5/8 inch rebar set with aluminum cap; Thence N 70° 17'48" E a distance of 65.48 feet to a 5/8 inch rebar set with aluminum cap; Thence S 51 ° 17'22" E a distance of 107.30 feet to a 5/8 inch rebar set with aluminum cap; Thence S 40 °07'40" E a distance of 98.12 feet to a 5/8 inch rebar set with aluminum cap; Thence S 06 °08'39" E a distance of 64.55 feet to a 5/8 inch rebar set with aluminum cap; Thence S 49 °51'00" W a distance of 358.82 feet to a 5/8 inch rebar set with aluminum cap; Thence S 69 °38'33" W a distance of 230.15 feet to a 5/8 inch rebar set with aluminum cap; Thence S 08 °47'20" W a distance of 263.34 feet to a 5/8 inch rebar set with aluminum cap; Thence S 82 °29'55" W a distance of 328.41 feet to a 5/8 inch rebar set with aluminum cap; Thence N 56 °30'16" W a distance of 164.20 feet to a 5/8 inch rebar set with aluminum cap; Thence S 19 °51'14" W a distance of 137.52 feet to a 5/8 inch rebar set with aluminum cap on the West line of said lands owned by John William Vaughan; Thence N 08 °21'37" W, on the said West line of John William Vaughan, a distance of 536.15 feet to the Point of Beginning. Containing 386,293 square feet or 8.87 acres, more or less. Vat.i han - Conservation Easement Area 4 (3 -13- 1 3 ).doc BK:00043 PG0068 10� F0 4 4tia CA STATE OF NORTH CAROLINA NORTHAMPTON COUNTY I W&I"11C, REVIEW OFFICER OF NORTHAMPTON COUNTY, CERTIFY THAT THE MAP OR PLAT WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING. REVI OFF ER DATE % C pqisrr3tion at C in the office of the R^ Oar tseeds of Northampton County N C in :L3- Page ry � D L -doeb A---- Register ;)t 'Deeds 0 . 1, JAMES M. GELLENTHIN, HEREBY DECLARE THAT THIS MAP WAS DRAWN UNDER MY SUPERVISION FROM A SURVEY MADE UNDER MY SUPERVISION, THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED, AS DRAWN FROM INFORMATION AS SHOWN HEREON; THAT THE RATIO OF PRECISION AS CALCULATED IS GREATER THAN 1:10,000; THAT THIS MAP DOES REPRESENT AN OFFICIAL BOUNDARY SURVEY AND HAS BEEN PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER AND SEAL TI'A"llrof'o 19TH DAY OF MARCH, 2013 " "411 fte, A. FURTHER CERTIFY TO THE FOLLOWING AS REQU E SURVEY IS OF ANOTHER CATEGORY, S ATION OF EXISTING JAW eVEY, OR �'A PARCELS, A COU PTION TO THE DEF ION OF 1013 IS14. zm 71 , ]TV TE z AROLINA REGISTRATION NUMBER "L�4 39 I N/F U ES M. GELLENTI IIN N, STANLEY GARRISS PIN 4081-37-0391 DB 924 PG 170 Liffil . NORTHAMPTON COUNTY, NC PAULINE E. DELOATCH REGISTER OF DEEDS FILED Mar 19, 2013 AT 11:51:33 am BOOK 00043 START PAGE 0068 i END PAGE 0068 INSTRUMENT # 00528 CCS STANLEY T. GARRISS PIN 4081-49-0166 D8 875 PG 760 COJVSERVA 77ON EA SEAW V r 2 2.29 A CXES FEE TITLE TO LAND WTHIN R/W UNKNOWN AT TIME OF SURVEY Poe (I POO CE TRANSM. 1 N*101 .86 TOWER I-:"',. 017-06 POB CE 4 I. THIS PLAT DOES NOT REPRESENT A BOUNDARY SURVEY OF THE PARENT TRACTS. THE PARENT TRACT BOUNDARIES ADJACENT TO THIS EASEMENT ARE NOT CHANGED BY THIS PLAT. BOUNDARY INFORMATION SHOWN HEREON WAS DERIVED FROM DEEDS AND MAPS OF RECORD IN NORTHAMPTON COUNTY ALONG WITH MONUMENTATION FOUND IN THE FIELD. 2. DISTANCES SHOWN ARE HORIZONTAL GROUND DISTANCES IN U.S. SURVEY FEET UNLESS OTHERWISE NOTED. 3. AREA COMPUTED BY COORDINATE TVIFTHOD. 4. THE BASIS OF THE MERIDIANS AND COORDINATES FOR THIS PLAT IS THE NORTH CAROLINA STATE PLANE COORDINATE SYSTEM, NORTH AMERICAN DATUM 1983 (NAD 83), BASED ON DIFFERENTIAL GPS OBSERVATIONS PERFORMED IN AUGUST 2012. ALI, DISTANCES ARE GROUND UNLESS OTHERWISE NOTED. 5. DEED REFERENCES: AS SHOWN HEREON. 6. SUBJECT PROPERTIES KNOWN AS TAX NUMBER: AS SHOWN HEREON. 7. SUBJECT PROPERTIES PARTIALLY LIE PARTIALLY WITHIN THE AREA DESIGNATED AS ZONE "AE", BASED ON FEDERAL FLOOD INSURANCE RATE MAP 372140800001 EFFECTIVE FEB. 4, 2009. 8. NO UNDERGROUND UTILITY LOCATING PERFORMED DURING THE COURSE OF THIS SURVEY. 9. THE STATE PLANE COORDINATES FOR THIS PROJECT WERE PRODUCED WITH RTK CPS OBSERVATIONS. THE NETWORK POSITIONAL ACCURACY OF THE RTK DERIVED POSITIONAL INFORMATION IS 0.02 METER, HORIZONTAL POSITIONS ARE REFERENCED TO NAD 83 (NSRS2007). VERTICAL POSITIONS ARE REFERENCED TO NAVD88 (GEOID09). COMBINED SCALE FACTOR= 1.00012880 10, NO AERIAL TRANSMISSION OR DISTRIBUTION LINES WERE NOTED OR LOCATED WITHIN THE BOUNDARIES OF THE CONSERVATION EASEMENT AND AS SUCH THIS PROJECT WILL NOT IMPACT AGREEMENTS CONTAINED IN BOOK 509 PAGE 123 AND BOOK 385 PAGE 151 11. LIVESTOCK EXCLUSION FENCING WILL BE INSTALLED ALONG THE CONSERVATION EASEMENT BOUNDARY FOR CONSERVATION EASEMENT AREAS 1, 2, AND 3 A MAINTENANCE 7 ONE WILL EXTEND 6' INTO THE EASEMENT FROM 'IFIE F I ENCE LINE. THE PROPERTY OWNER RESERVES THE RIGHT TO MOW AND MAINTAIN THIS 6' WIDE AREA ALONG THE ENTIRE LENGTH OF THE FENCE. FOUND CONC. MON #12 #42 C0)V$EJTVA rION EASLrAfLrNr I f.26 ACRES EXISTING 50' WOE CULVERTED CROSSING TO - REMAIN TRANSM. * TOWER- X� DIRT PATH POS CE POC CE #1 02 N:1419 12 (7 E:- 248W78.80 TRANSM. AA TOWER #1 PT # NORTHING 1 1019404.12 DIRT PATH POINT TABLE ip LENGTH 7 0"W"A I W#V DECRIPTION 82.01 N68'35'44"W 2485678.80 ESMT COR 2 LrASLW6Nr 4 2485602.45 ESMT COR N/F 1019446.67 STANLEY T. GARRISS PIN 4081-49-0166 ESMT COR 8.87ACRES JOHN & KAREN VAUGHAN 2485256.85 DS 875 PG 760 5 IRON PIN 2485151.85 PIN 4081-58-6085 6 128 2485398.74 ESMT COR 7 DB 671 PG 354 ESMT COR 8 1019410.74 2485201.83 ESMT COR 9 1019342.01 2484857.71 ESMT COR 10 1019208.72 2484441.39 ESMT COR 11 1019339.50 #27 ESMT COR JOHN V#IWAM VAUGHAN FOUND 1019464,43 2484783.35 ESMT COR 13 #17 2485088.92 PIN 4081-58-2207 9" \ 1018571.87 2484562.62 tXlS-njVG 15 DS 366 PG 148 POST 2484595.02 ESMT COR 16 1018052.33 POND #26 5 �41 ESTATE REF# 85 E 71 40 2484460.40 ESMT COR 18 1017664.97 2484402.28 ESMT COR 19 1017339.68 2484282.62 ESMT COR CONSERVA rMA( 1017051.06 2484226.25 ESMT COR I Q 1016757.03 2484123.71 EAq0WLrNr 3 #18 22 N/F WILKINS & ELOISE 2483989-19 --411> mix 10 23 1017088.70 5.67ACRES ESMT COR HARRISON 1017465.34 Im ESMT COR 25 =s rVI 2484280.03 PIN 4081-57-7713 D8 841 PG 526 26 1017829.46 2484291.37 ESMT COR 27 1017953.24 2484339.51 ESMT COR 14F I t7 I< 1018103.61 POINT TABLE ip LENGTH 7 EASTING DECRIPTION 82.01 N68'35'44"W 2485678.80 ESMT COR 2 1019434.05 2485602.45 ESMT COR 3 1019446.67 -'2-485474.12 ESMT COR 4 1019428.06 2485256.85 ESMT COR 5 1019519.68 2485151.85 ESMT COR 6 1019565.59 2485398.74 ESMT COR 7 1019543.69 2485665.53 ESMT COR 8 1019410.74 2485201.83 ESMT COR 9 1019342.01 2484857.71 ESMT COR 10 1019208.72 2484441.39 ESMT COR 11 1019339.50 2484396.03 ESMT COR 12 1019464,43 2484783.35 ESMT COR 13 1019508.43 2485088.92 ESMT COR 14 1018571.87 2484562.62 ESMT COR 15 1018351.41 2484595.02 ESMT COR 16 1018052.33 2484455.65 ESMT COR 17 1017937.73 2484460.40 ESMT COR 18 1017664.97 2484402.28 ESMT COR 19 1017339.68 2484282.62 ESMT COR 20 1017051.06 2484226.25 ESMT COR 21 1016757.03 2484123.71 ESMT COR 22 1016794.78 2483989-19 ESMT CDR 23 1017088.70 2484091 ,82 ESMT COR 24 1017465.34 2484171.89 ESMT COR 25 1017815.04 2484280.03 ESMT COR 26 1017829.46 2484291.37 ESMT COR 27 1017953.24 2484339.51 ESMT COR 28 1018103.61 2484326.78 ESMT COR 29 1018881.86 248-451706 ESMT COR 30 1018826.43 2484786.35 ESMT COR 31 1018955.96 2485175.49 ESMT COR 32 1018956,71 2485251.76 ESMT COR 33 1019075.32 2485395.03 ESMT COR 34 1019188.93 2485419.02 ESMT COR 35 1019211.01 2485480.66 ESMT COR 36 1019143.91 2485564.39 ESMT COR 37 1019068.88 2485627.62 ESMT COR 38 1019004.70 2485634.53 ESMT COR 39 1018773.34 24853 .26 ESMT CDR 40 1018693.27 2485144.49 ESMT COR 41 1018433.02 2485104.25 ESMT COR ­ESMT 42 1018390.1-1-78.65 COR 43 1018480.76 1 2484641.72 ESMT COR #24 "M . .9 Ir- pNGSMOM POST MARGARETTSVILLE AlT RELAY TOWER G N! 100079-89 EXISTING N/F E-24WOS.77 LINE TABLE ip LENGTH 7 BEARING LEGEND 82.01 N68'35'44"W L2 128.95 EXISTING PK NAIL L3 218.06 S85*06'1 2"W L4 EXISTING IRON N48'53'41".W L5 251,13 N79*27'54"E L6 19 S8518 25"E (60 0 5/8" REBAR SET W/ 3.25- ALUMINUM L8 57.69 S72*31'55"W L9 CAP WITH STATE SEAL S78'42'21"W L10 437.14 A CALCULATED POINT 138.42 N19*07'46"W L12 El EXISTING MONUMENT L13 308.72 N81*48'23"E L14 NEW CONSERVATION EASEMENT FOR .01 L15 222.82 508*21'37"E Llj "THE STATE OF NC, ECOSYSTEM S24-59'05"W L17 114.69 S02 22'26 "E ENHANCEMENT PROGRAM." 278-89 S12 01 46 "W 1-19 POB POINT OF BEGINNING L20L 2 0 --294,07 51103 °05 "W POC POINT OF COMMENCEMENT Sl 91 3'32"W L22 139.72 CE CONSERVATION EASEMENT LINE TABLE LINT LENGTH 7 BEARING Lt 82.01 N68'35'44"W L2 128.95 N84*22'57"W L3 218.06 S85*06'1 2"W L4 139.36 N48'53'41".W L5 251,13 N79*27'54"E L6 267,68 S8518 25"E L7 140,20 S05*26'02"E L8 57.69 S72*31'55"W L9 350.92 S78'42'21"W L10 437.14 572'14'47 "W C11 138.42 N19*07'46"W L12 406.97 N72*07'21"E L13 308.72 N81*48'23"E L14 149.31 549 08'02 "E L15 222.82 508*21'37"E Llj 329.96 S24-59'05"W L17 114.69 S02 22'26 "E 1 8 L18 278-89 S12 01 46 "W 1-19 346.60 S201 1'43"W L20L 2 0 --294,07 51103 °05 "W L1 2 1 L21 311.40 Sl 91 3'32"W L22 139.72 N74'1 9'33 "W L23 23 311.32 NI 9*1 4'58"E L24 24 385.06 N12*00'06"E L L25 366.04 Nl 7'1 0'59"E - L26 15 - F 8.35 N38- 11'22 "E L27_ L 132.80 N21-15'07"E L28 150.91 N04'50'1 5 "W L29 524.30 N26*43'54"E L30 274.93 S78*22'05"E L31 410.13 1\171'35'24 "E L32 76.27 N89*25'53*'E L33 186.00 N50*22'49'*E L34 116.11 N 11 *551 6"E L35 65,48 N70'1 7'48 "E L36 107.30 S51 *1 7'22"E L37 98.12 S40'07'40"E L38 64.55 506*08'39"E L39 358.82 S49'51'00"W L40 230.15 S69*38'33"W L41 263.34 508*47'20"W L42 328.41 582*29'55"W L43 164,20 N56*30'16"W L44 137.52 S19 51'1 4"W -1-45 536.15 N08-21.'37'*W I I hereby certify that this plat is exempt from the Subdivision Ordinance of Northampton County, and may be recorded with the Northampton Co. Register Of p g a' a other conditions for review . Date GRAPHIC SCALE 250 0 125 250 500 I M 1 INCH - 250 FEET FINAL PLAT CONSERVATION EASEMENT FOR NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM PROJECT NAME: STANLEY SLOUGH WETLAND AND STREAM RESTORATION PROJECT EEP PROJECT #: 95356 SPO FILE NO. 66-K: PROPERTY OF STANLEY T. GARRISS SPO FILE NO. 66-L: PROPERTY OF W.E. VAUGHAN HEIRS WICCACANEE TOWNSHIP, NORTHAMPTQN COUNTY, NC DATE. SCALE: AUGUST 23, 2012 1 250' 1 OF 1 REVISED: 3/18/13 KCI ASSOCIATES OF N. C. I I a ENGINEERS, SURVEYORS AND PLANNERS K1 4601 SIX FORKS R6AD, SUITE 220 ASSOCIATES OF RALEIGH, NC 27609 NORTH CAROLINA PHONE (919) 783-9214 - FAX (919) 783-9266 C-0764 Mitigation Plan .: Stanley's Slough /Stanley's 11 Restoration Sites STATE OF NORTH CAROLINA CONSERVATION EASEMENT PROVIDED PURSUANT TO FULL DELIVERY MITIGATION CONTRACT NORTHAMPTON COUNTY SPO File Number 66 -N EEP Site ID Number 95838 (Stanley's I1) Prepared by: Office of the Attorney General Property Control Section Return to: NC Department of Administration State Property Office 1321 Mail Service Center Raleigh, NC 27699 -1321 THIS CONSERVATION EASEMENT DEED, made this day of , 20, by Stanley T. Garriss and Wife Linda B. Garriss (collectively, "Grantor "), whose mailing address is 6523 NC Highway 186, Margarettsville, NC 27853, to the State of North Carolina, ( "Grantee "), whose mailing address is State of North Carolina, Department of Administration, State Property Office, 1321 Mail Service Center, Raleigh, NC 27699 -1321. The designations of Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143 -214.8 et seq., the State of North Carolina has established the Ecosystem Enhancement Program (formerly known as the Wetlands Restoration Program) within the Department of Environment and Natural Resources for the purposes of acquiring, maintaining, restoring, enhancing, creating and preserving wetland and riparian resources that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; and WHEREAS, this Conservation Easement from Grantor to Grantee has been negotiated, arranged and provided for as a condition of a full delivery contract between KCI Technologies, Inc. and the North Carolina Department of Environment and Natural Resources, to provide 1 stream, wetland and /or buffer mitigation pursuant to the North Carolina Department of Environment and Natural Resources Purchase and Services Contract Number 005151. WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation Easement pursuant to N.C. Gen. Stat. § 121 -35; and WHEREAS, the Department of Environment and Natural Resources, the North Carolina Department of Transportation and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in Greensboro, NC on July 22, 2003, which recognizes that the Ecosystem Enhancement Program is to provide for compensatory mitigation by effective protection of the land, water and natural resources of the State by restoring, enhancing and preserving ecosystem functions; and WHEREAS, the acceptance of this instrument for and on behalf of the State of North Carolina was granted to the Department of Administration by resolution as approved by the Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina, on the 8th day of February 2000; and WHEREAS, the Ecosystem Enhancement Program in the Department of Environment and Natural Resources, which has been delegated the authority authorized by the Governor and Council of State to the Department of Administration, has approved acceptance of this instrument; and WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being in Wiccananee Township, Northampton County, North Carolina (the "Property "), and being more particularly described as that certain parcel of land containing approximately 214 net acres, described on plat recorded in Plat Book 2, Page 178, Northampton County Registry, and being conveyed to the Grantor by deed as recorded in Deed Book 875 at Page 760 of the Northampton County Registry, North Carolina; and WHEREAS, Grantor is willing to grant a Conservation Easement over the herein described areas of the Property, thereby restricting and limiting the use of the included areas of the Property to the terms and conditions and purposes hereinafter set forth, and Grantee is willing to accept such Conservation Easement. This Conservation Easement shall be for the protection and benefit of Meherrin River. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation Easement along with a general Right of Access. The Easement Area consists of the following: Conservation Easement # 5 containing 0.73 acres and Conservation Easement # 6 containing 7.58 acres for a total of 8.31 acres as shown on the plat of survey entitled "Final Plat, Conservation Easement for North Carolina Ecosystem Enhancement Program, Project Name: 4 Stanley's 11 Wetland Restoration Project, EEP Project #: 95838, SPO #: 66 -N and 66 -M," dated May 17, 2013 by James M. Gellenthin, PLS Number L -3860 and recorded in the Northampton County, North Carolina Register of Deeds at Map Book Page The Conservation Easement tracts described above are conveyed together with and including a perpetual nonexclusive right and easement appurtenant for ingress, egress and regress to the above described Conservation Easement tracts over and across Margarettsville Road, farm paths, crossings and access areas in- between the Conservation Easement Areas as depicted on the above described survey entitled "Final Plat, Conservation Easement for North Carolina Ecosystem Enhancement Program, Project Name: Stanley's II Wetland Restoration Project, EEP Project #: 95838, SPO #: 66 -N and 66 -M " dated May 17, 2013 by James M. Gellenthin,_ PLS Number L -3860 and recorded in the Northampton County, North Carolina Register of Deeds at Map Book Page See attached "Exhibit A ", Legal Description of area of the Property hereinafter referred to as the "Easement Areas" The purposes of this Conservation Easement are to maintain, restore, enhance, construct, create and preserve wetland and /or riparian resources in the Easement Area that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; to maintain permanently the Easement Area in its natural condition, consistent with these purposes; and to prevent any use of the Easement Area that will significantly impair or interfere with these purposes. To achieve these purposes, the following conditions and restrictions are set forth: L DURATION OF EASEMENT Pursuant to law, including the above referenced statutes, this Conservation Easement and Right of Access shall be perpetual and it shall run with, and be a continuing restriction upon the use of, the Property, and it shall be enforceable by the Grantee against the Grantor and against Grantor's heirs, successors and assigns, personal representatives, agents, lessees, and licensees. IL GRANTOR RESERVED USES AND RESTRICTED ACTIVITES The Easement Area shall be restricted from any development or usage that would impair or interfere with the purposes of this Conservation Easement. Unless expressly reserved as a compatible use herein, any activity in, or use of, the Easement Area by the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement. Any rights not expressly reserved hereunder by the Grantor have been acquired by the Grantee. Any rights not expressly reserved hereunder by the Grantor, including the rights to all mitigation credits, including, but not limited to, stream, wetland, and riparian buffer mitigation units, derived from each site within the area of the Conservation Easement, are conveyed to and belong to the Grantee. Without limiting the generality of the foregoing, the following specific uses are prohibited, restricted, or reserved as indicated: 3 A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational uses, including hiking, bird watching, hunting and fishing, and access to the Easement Area for the purposes thereof. B. Motorized Vehicle Use. Motorized vehicle use in the Easement Area is prohibited. C. Educational Uses. The Grantor reserves the right to engage in and permit others to engage in educational uses in the Easement Area not inconsistent with this Conservation Easement, and the right of access to the Easement Area for such purposes including organized educational activities such as site visits and observations. Educational uses of the property shall not alter vegetation, hydrology or topography of the site. D. Vegetative Cutting. Except as related to the removal of non - native plants, diseased or damaged trees, or vegetation that destabilizes or renders unsafe the Easement Area to persons or natural habitat, all cutting, removal, mowing, harming, or destruction of any trees and vegetation in the Easement Area is prohibited. E. Industrial, Residential and Commercial Uses. All industrial, residential and commercial uses are prohibited in the Easement Area. F. Agricultural Use. All agricultural uses are prohibited within the Easement Area including any use for cropland, waste lagoons, or pastureland. G. New Construction. There shall be no building, facility, mobile home, antenna, utility pole, tower, or other structure constructed or placed in the Easement Area. H. Roads and Trails. There shall be no construction of roads, trails, walkways, or paving in the Easement Area. L Signs. No signs shall be permitted in the Easement Area except interpretive signs describing restoration activities and the conservation values of the Easement Area, signs identifying the owner of the Property and the holder of the Conservation Easement, signs giving directions, or signs prescribing rules and regulations for the use of the Easement Area. J. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery, or any other material in the Easement Area is prohibited. K. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling, excavation, dredging, mining, drilling; removal of topsoil, sand, gravel, rock, peat, minerals, or other materials. L. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or diverting, causing, allowing or permitting the diversion of surface or underground water in the Easement Area. No altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or M created drainage patterns is allowed. All removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides in the Easement Area is prohibited. In the event of an emergency interruption or shortage of all other water sources, water from within the Easement Area may temporarily be used for good cause shown as needed for the survival of livestock and agricultural production on the Property. M. Subdivision and Conveyance. Grantor voluntarily agrees that no subdivision, partitioning, or dividing of the underlying Property owned by the Grantor in fee simple ( "fee ") that is subject to this Easement is allowed. Unless agreed to by the Grantee in writing, any future conveyance of the underlying fee and the rights conveyed herein shall be as a single block of property. Any future transfer of the fee simple shall be subject to this Conservation Easement. Any transfer of the fee is subject to the Grantee's right of unlimited and repeated ingress and egress over and across the Property to the Easement Area for the purposes set forth herein. N. Development Rights. All development rights are permanently removed from the Easement Area and are non - transferrable. O. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Easement Area or any intentional introduction of non - native plants, trees and /or animal species by Grantor is prohibited. The Grantor may request permission to vary from the above restrictions for good cause shown, provided that any such request is not inconsistent with the purposes of this Conservation Easement, and the Grantor obtains advance written approval from the N.C. Ecosystem Enhancement Program, whose mailing address is 1652 Mail Services Center, Raleigh, NC 27699 -1652. III. GRANTEE RESERVED USES A. Right of Access, Construction, and Inspection. The Grantee, its employees and agents, successors and assigns, are hereby granted and receive a perpetual non - exclusive easement for access to the Easement Area over the Property at reasonable times to undertake any activities to restore, construct, manage, maintain, enhance, and monitor the stream, wetland and any other riparian resources in the Easement Area, in accordance with restoration activities or a long -term management plan. Unless otherwise specifically set forth in this Conservation Easement, the rights granted herein do not include or establish for the public any access rights. The recommended access locations to the site from NC Highway 186 and Margarettsville Street are shown on the plat of survey entitled "Final Plat, Conservation Easement for North Carolina Ecosystem Enhancement Program, Project Name: Stanley's II Wetland Restoration Project, EEP Project #: 95838, SPO #: 66 -N and 66 -M," dated May 17 2013 by James M. Gellenthin, PLS Number L -3860 and recorded in the Northampton County, North Carolina Register of Deeds at Map Book Page B. Restoration Activities. These activities include planting of trees, shrubs and herbaceous vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and E prepare the soil, modification of the hydrology of the site, and installation of natural and manmade materials as needed to direct in- stream, above ground, and subterraneous water flow. C. Signs. The Grantee, its employees and agents, successors or assigns, shall be permitted to place signs and witness posts on the Property to include any or all of the following: describe the project, prohibited activities within the Conservation Easement, or identify the project boundaries and the holder of the Conservation Easement. D. Fences. The Grantee, its employees and agents, successors or assigns, shall be permitted to place fencing on the Property to restrict livestock access. Although the Grantee is not responsible for fence maintenance, the Grantee reserves the right to repair the fence, at its sole discretion. IV. ENFORCEMENT AND REMEDIES A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity within the Easement Area that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features in the Easement Area that may have been damaged by such unauthorized activity or use. Upon any breach of the terms of this Conservation Easement by Grantor, the Grantee shall, except as provided below, notify the Grantor -in writing of such breach and the Grantor shall have ninety (90) days after receipt of such notice to correct the damage caused by such breach. If the breach and damage remains uncured after ninety (90) days, the Grantee may enforce this Conservation Easement by bringing appropriate legal proceedings including an action to recover damages, as well as injunctive and other relief. The Grantee shall also have the power and authority, consistent with its statutory authority: (a) to prevent any impairment of the Easement Area by acts which may be unlawful or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek damages from any appropriate person or entity. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief, if the breach is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement, and the Grantor and Grantee acknowledge that the damage would be irreparable and remedies at law inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. B. Inspection. The Grantee, its employees and agents, successors and assigns, have the right, with reasonable notice, to enter the Easement Area over the Property at reasonable times for the purpose of inspection to determine whether the Grantor is complying with the terms, conditions and restrictions of this Conservation Easement. C. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Easement Area caused by third parties, resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action Con taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, or damage to the Property resulting from such causes. D. Costs of Enforcement. Beyond regular and typical monitoring expenses, any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, including, without limitation, any costs of restoration necessitated by Grantor's acts or omissions in violation of the terms of this Conservation Easement, shall be borne by Grantor. E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and any forbearance, delay or omission by Grantee to exercise its rights hereunder in the event of any breach of any term set forth herein shall not be construed to be a waiver by Grantee. V. MISCELLANEOUS A. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be invalid, the remainder of the provisions of the Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. B. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Upkeep of any constructed bridges, fences, or other amenities on the Property are the sole responsibility of the Grantor. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. C. Any notices shall be sent by registered or certified mail, return receipt requested to the parties at their addresses shown herein or to other addresses as either party establishes in writing upon notification to the other. D. Grantor shall notify Grantee in writing of the name and address and any party to whom the Property or any part thereof is to be transferred at or prior to the time said transfer is made. Grantor further agrees that any subsequent lease, deed, or other legal instrument by which any interest in the Property is conveyed subject to the Conservation Easement herein created. E. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any portion thereof. F. This Conservation Easement and Right of Access may be amended, but only in writing signed by all parties hereto, or their successors or assigns, if such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the purposes of the Conservation Easement. The owner of the Property shall notify the U.S. Army Corps of Engineers in writing sixty (60) days prior to the 7 initiation of any transfer of all or any part of the Property. Such notification shall be addressed to: Justin McCorkle, General Counsel, US Army Corps of Engineers, 69 Darlington Avenue, Wilmington, NC 28403 G. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however, that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121 -34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. VI. QUIET ENJOYMENT Grantor reserves all remaining rights accruing from ownership of the Property, including the right to engage in or permit or invite others to engage in only those uses of the Easement Area that are expressly reserved herein, not prohibited or restricted herein, and are not inconsistent with the purposes of this Conservation Easement. Without limiting the generality of the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and licensees, the right of access to the Easement Area, and the right of quiet enjoyment of the Easement Area TO HAVE AND TO HOLD, the said rights and easements perpetually unto the State of North Carolina for the aforesaid purposes. AND Grantor covenants that Grantor is seized of said premises in fee and has the right to convey the permanent Conservation Easement herein granted; that the same is free from encumbrances and that Grantor will warrant and defend title to the same against the claims of all persons whomsoever. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. Stanley T. Garriss Linda B. Garriss (SEAL) (SEAL) NORTH CAROLINA COUNTY OF I, , a Notary Public in and for the County and State aforesaid, do hereby certify that Stanley T. Garriss and wife Linda B. Garriss, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of , 2013. Notary Public My commission expires: I "Exhibit A" (Legal Description- Stanley T. Garriss) STANLEY T. GARRISS CONSERVATION EASEMENT 5 :m STANLEY T. GARRISS CONSERVATION EASEMENT 6 :m 10 STATE OF NORTH CAROLINA CONSERVATION EASEMENT PROVIDED PURSUANT TO FULL DELIVERY MITIGATION CONTRACT NORTHAMPTON COUNTY SPO File Number 66 -M EEP Site ID Number 95838 (Stanley's I1) Prepared by: Office of the Attorney General Property Control Section Return to: NC Department of Administration State Property Office 1321 Mail Service Center Raleigh, NC 27699 -1321 THIS CONSERVATION EASEMENT DEED, made this day of , 20 , by John William Vaughan, widower ( "Grantor "), whose mailing address is 253 Margarettsville Street, Margarettsville, NC 27853, to the State of North Carolina, ( "Grantee "), whose mailing address is State of North Carolina, Department of Administration, State Property Office, 1321 Mail Service Center, Raleigh, NC 27699 -1321. The designations of Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143 -214.8 et seq., the State of North Carolina has established the Ecosystem Enhancement Program (formerly known as the Wetlands Restoration Program) within the Department of Environment and Natural Resources for the purposes of acquiring, maintaining, restoring, enhancing, creating and preserving wetland and riparian resources that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; and WHEREAS, this Conservation Easement from Grantor to Grantee has been negotiated, arranged and provided for as a condition of a full delivery contract between KCI Technologies, Inc. and the North Carolina Department of Environment and Natural Resources, to provide stream, wetland and /or buffer mitigation pursuant to the North Carolina Department of Environment and Natural Resources Purchase and Services Contract Number 005151. Vaughan - Conservation Easement Area 7.rtf 1 WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation Easement pursuant to N.C. Gen. Stat. § 121 -35; and WHEREAS, the Department of Environment and Natural Resources, the North Carolina Department of Transportation and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in Greensboro, NC on July 22, 2003, which recognizes that the Ecosystem Enhancement Program is to provide for compensatory mitigation by effective protection of the land, water and natural resources of the State by restoring, enhancing and preserving ecosystem functions; and WHEREAS, the acceptance of this instrument for and on behalf of the State of North Carolina was granted to the Department of Administration by resolution as approved by the Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina, on the 8th day of February 2000; and WHEREAS, the Ecosystem Enhancement Program in the Department of Environment and Natural Resources, which has been delegated the authority authorized by the Governor and Council of State to the Department of Administration, has approved acceptance of this instrument; and WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being in Wiccananee Township, Northampton County, North Carolina (the "Property "), and being more particularly described as that certain parcel of land containing approximately 40.3 net acres, described as on plat recorded in Plat Book 2, Page 178, Northampton County Registry, and being conveyed to the Grantor by deed as recorded in Deed Book 366 at Page 148 and 85- E-71 of the Northampton County Registry, North Carolina; and WHEREAS, Grantor is willing to grant a Conservation Easement over the herein described areas of the Property, thereby restricting and limiting the use of the included areas of the Property to the terms and conditions and purposes hereinafter set forth, and Grantee is willing to accept such Conservation Easement. This Conservation Easement shall be for the protection and benefit of Meherrin River. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation Easement along with a general Right of Access. The Easement Areas consist of the following: Conservation Easement 7 containing 0.52 acres as shown on the plat of survey entitled "Final Plat, Conservation Easement for North Carolina Ecosystem Enhancement Program, Project Name: Stanley's H Wetland Restoration Project, EEP Project #: 95838, SPO #: 66 -N and 66- M," dated May 17, 2013 by James M. Gellenthinz PLS Number L -3860 and recorded in the Northampton County, North Carolina Register of Deeds at Map Book Page Vaughan - Conservation Easement Area 7.rtf 2 The Conservation Easement tracts described above are conveyed together with and including a perpetual nonexclusive right and easement appurtenant for ingress, egress and regress to the above described Conservation Easement tracts over and across Margarettsville Road ( a public right of way), farm paths, crossings and access areas in- between the Conservation Easement Areas as depicted on the above described survey entitled "Final Plat, Conservation Easement for North Carolina Ecosystem Enhancement Program, Project Name: Stanley's 11 Wetland Restoration Project, EEP Project #: 95838, SPO #: 66 -N and 66 -M " dated May 17, 2013 by James M. Gellenthin, PLS Number L -3860 and recorded in the Northampton County, North Carolina Register of Deeds at Map Book Page See attached "Exhibit A ", Legal Description of areas of the Property hereinafter referred to as the "Easement Area" The purposes of this Conservation Easement are to maintain, restore, enhance, construct, create and preserve wetland and /or riparian resources in the Easement Area that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; to maintain permanently the Easement Area in its natural condition, consistent with these purposes; and to prevent any use of the Easement Area that will significantly impair or interfere with these purposes. To achieve these purposes, the following conditions and restrictions are set forth: L DURATION OF EASEMENT Pursuant to law, including the above referenced statutes, this Conservation Easement and Right of Access shall be perpetual and it shall run with, and be a continuing restriction upon the use of, the Property, and it shall be enforceable by the Grantee against the Grantor and against Grantor's heirs, successors and assigns, personal representatives, agents, lessees, and licensees. II. GRANTOR RESERVED USES AND RESTRICTED ACTIVITES The Easement Area shall be restricted from any development or usage that would impair or interfere with the purposes of this Conservation Easement. Unless expressly reserved as a compatible use herein, any activity in, or use of, the Easement Area by the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement. Any rights not expressly reserved hereunder by the Grantor have been acquired by the Grantee. Any rights not expressly reserved hereunder by the Grantor, including the rights to all mitigation credits, including, but not limited to, stream, wetland, and riparian buffer mitigation units, derived from each site within the area of the Conservation Easement, are conveyed to and belong to the Grantee. Without limiting the generality of the foregoing, the following specific uses are prohibited, restricted, or reserved as indicated: A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational uses, including hiking, bird watching, hunting and fishing, and access to the Easement Area for the purposes thereof. B. Motorized Vehicle Use. Motorized vehicle use in the Easement Area is prohibited. Vaughan - Conservation Easement Area 7.rtf 3 C. Educational Uses. The Grantor reserves the right to engage in and permit others to engage in educational uses in the Easement Area not inconsistent with this Conservation Easement, and the right of access to the Easement Area for such purposes including organized educational activities such as site visits and observations. Educational uses of the property shall not alter vegetation, hydrology or topography of the site. D. Vegetative Cutting. Except as related to the removal of non - native plants, diseased or damaged trees, or vegetation that destabilizes or renders unsafe the Easement Area to persons or natural habitat, all cutting, removal, mowing, harming, or destruction of any trees and vegetation in the Easement Area is prohibited. E. Industrial, Residential and Commercial Uses. All industrial, residential and commercial uses are prohibited in the Easement Area. F. Agricultural Use. All agricultural uses are prohibited within the Easement Area including any use for cropland, waste lagoons, or pastureland. G. New Construction. There shall be no building, facility, mobile home, antenna, utility pole, tower, or other structure constructed or placed in the Easement Area. H. Roads and Trails. There shall be no construction of roads, trails, walkways, or paving in the Easement Area. L Signs. No signs shall be permitted in the Easement Area except interpretive signs describing restoration activities and the conservation values of the Easement Area, signs identifying the owner of the Property and the holder of the Conservation Easement, signs giving directions, or signs prescribing rules and regulations for the use of the Easement Area. J. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery, or any other material in the Easement Area is prohibited. K. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling, excavation, dredging, mining, drilling; removal of topsoil, sand, gravel, rock, peat, minerals, or other materials. L. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or diverting, causing, allowing or permitting the diversion of surface or underground water in the Easement Area. No altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns is allowed. All removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides in the Easement Area is prohibited. In the event of an emergency interruption or shortage of all other water sources, water from within the Easement Area may temporarily be used for good cause shown as needed for the survival of livestock and agricultural production on the Property. M. Subdivision and Conveyance. Grantor voluntarily agrees that no subdivision, partitioning, or dividing of the underlying Property owned by the Grantor in fee simple ( "fee ") Vaughan - Conservation Easement Area 7.rtf 4 that is subject to this Easement is allowed. Unless agreed to by the Grantee in writing, any future conveyance of the underlying fee and the rights conveyed herein shall be as a single block of property. Any future transfer of the fee simple shall be subject to this Conservation Easement. Any transfer of the fee is subject to the Grantee's right of unlimited and repeated ingress and egress over and across the Property to the Easement Area for the purposes set forth herein. N. Development Rights. All development rights are permanently removed from the Easement Area and are non - transferrable. O. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Easement Area or any intentional introduction of non - native plants, trees and /or animal species by Grantor is prohibited. The Grantor may request permission to vary from the above restrictions for good cause shown, provided that any such request is not inconsistent with the purposes of this Conservation Easement, and the Grantor obtains advance written approval from the N.C. Ecosystem Enhancement Program, whose mailing address is 1652 Mail Services Center, Raleigh, NC 27699 -1652. III. GRANTEE RESERVED USES A. Right of Access, Construction, and Inspection. The Grantee, its employees and agents, successors and assigns, are hereby granted and receive a perpetual non - exclusive easement for access to the Easement Area over the Property at reasonable times to undertake any activities to restore, construct, manage, maintain, enhance, and monitor the stream, wetland and any other riparian resources in the Easement Area, in accordance with restoration activities or a long -term management plan. Unless otherwise specifically set forth in this Conservation Easement, the rights granted herein do not include or establish for the public any access rights. The recommended access to the site from Margarettsville Street is shown on the plat of survey entitled "Final Plat, Conservation Easement for North Carolina Ecosystem Enhancement Program, Project Name: Stanley's II Wetland Restoration Project, EEP Project #: 95838, SPO #: 66 -N and 66 -M," dated May 17, 2013 by James M. Gellenthin1 PLS Number L -3860 and recorded in the Northampton County, North Carolina Register of Deeds at Map Book Page B. Restoration Activities. These activities include planting of trees, shrubs and herbaceous vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and prepare the soil, modification of the hydrology of the site, and installation of natural and manmade materials as needed to direct in- stream, above ground, and subterraneous water flow. C. Signs. The Grantee, its employees and agents, successors or assigns, shall be permitted to place signs and witness posts on the Property to include any or all of the following: describe the project, prohibited activities within the Conservation Easement, or identify the project boundaries and the holder of the Conservation Easement. D. Fences. The Grantee, its employees and agents, successors or assigns, shall be permitted to place fencing on the Property to restrict livestock access. Although the Grantee is not Vaughan - Conservation Easement Area 7.rtf 5 responsible for fence maintenance, the Grantee reserves the right to repair the fence, at its sole discretion. IV. ENFORCEMENT AND REMEDIES A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity within the Easement Area that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features in the Easement Area that may have been damaged by such unauthorized activity or use. Upon any breach of the terms of this Conservation Easement by Grantor, the Grantee shall, except as provided below, notify the Grantor -in writing of such breach and the Grantor shall have ninety (90) days after receipt of such notice to correct the damage caused by such breach. If the breach and damage remains uncured after ninety (90) days, the Grantee may enforce this Conservation Easement by bringing appropriate legal proceedings including an action to recover damages, as well as injunctive and other relief. The Grantee shall also have the power and authority, consistent with its statutory authority: (a) to prevent any impairment of the Easement Area by acts which may be unlawful or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek damages from any appropriate person or entity. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief, if the breach is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement, and the Grantor and Grantee acknowledge that the damage would be irreparable and remedies at law inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. B. Inspection. The Grantee, its employees and agents, successors and assigns, have the right, with reasonable notice, to enter the Easement Area over the Property at reasonable times for the purpose of inspection to determine whether the Grantor is complying with the terms, conditions and restrictions of this Conservation Easement. C. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Easement Area caused by third parties, resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, or damage to the Property resulting from such causes. D. Costs of Enforcement. Beyond regular and typical monitoring expenses, any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, including, without limitation, any costs of restoration necessitated by Grantor's acts or omissions in violation of the terms of this Conservation Easement, shall be borne by Grantor. E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and any forbearance, delay or omission by Grantee to exercise its rights hereunder in the event of any breach of any term set forth herein shall not be construed to be a waiver by Grantee. Vaughan - Conservation Easement Area 7.rtf 6 V. MISCELLANEOUS A. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be invalid, the remainder of the provisions of the Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. B. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Upkeep of any constructed bridges, fences, or other amenities on the Property are the sole responsibility of the Grantor. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. C. Any notices shall be sent by registered or certified mail, return receipt requested to the parties at their addresses shown herein or to other addresses as either party establishes in writing upon notification to the other. D. Grantor shall notify Grantee in writing of the name and address and any party to whom the Property or any part thereof is to be transferred at or prior to the time said transfer is made. Grantor further agrees that any subsequent lease, deed, or other legal instrument by which any interest in the Property is conveyed subject to the Conservation Easement herein created. E. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any portion thereof. F. This Conservation Easement and Right of Access may be amended, but only in writing signed by all parties hereto, or their successors or assigns, if such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the purposes of the Conservation Easement. The owner of the Property shall notify the U.S. Army Corps of Engineers in writing sixty (60) days prior to the initiation of any transfer of all or any part of the Property. Such notification shall be addressed to: Justin McCorkle, General Counsel, US Army Corps of Engineers, 69 Darlington Avenue, Wilmington, NC 28403 G. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however, that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121 -34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. VI. QUIET ENJOYMENT Vaughan - Conservation Easement Area 7.rtf 7 Grantor reserves all remaining rights accruing from ownership of the Property, including the right to engage in or permit or invite others to engage in only those uses of the Easement Area that are expressly reserved herein, not prohibited or restricted herein, and are not inconsistent with the purposes of this Conservation Easement. Without limiting the generality of the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and licensees, the right of access to the Easement Area, and the right of quiet enjoyment of the Easement Area TO HAVE AND TO HOLD, the said rights and easements perpetually unto the State of North Carolina for the aforesaid purposes. AND Grantor covenants that Grantor is seized of said premises in fee and has the right to convey the permanent Conservation Easement herein granted; that the same is free from encumbrances and that Grantor will warrant and defend title to the same against the claims of all persons whomsoever. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. (SEAL) John William Vaughan Vaughan - Conservation Easement Area 7.rtf 8 NORTH CAROLINA COUNTY OF NORTHAMPTON I, , a Notary Public in and for the County and State aforesaid, do hereby certify that John William Vaughan, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of , 2013. 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Baseline Information Data E Stanley's Slough /Stanley's 11 Restoration Sites Mitigation Plan .I Stanley's Slough /Stanley's 11 Restoration Sites Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites USACE Wetland Determination Forms 91 Mitigation Plan ON Stanley's Slough /Stanley's 11 Restoration Sites WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Ci Y !Count y: ( '. )._,:..(, t �1) Sampling Date: t f 3 Applicant/Owner: � Q— State: / f '., Sampling Point: 1 = I fJ? J Investigator(s): u SFr1,22 •` 3 �' {`11'> Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Ca,1 !P >4 Slope ( %): Subregion (LRR or MLRA): L� ; )' Lot Long: Datum: Soil Map Unit Name: W 14,1 oil NWI classification: Z)1�IYe- Are climatic I hydrologic conditions on the site typical for this time Of year? Yes _ Are Vegetation , Soil , or Hydrology significantly disturbed? Are Vegetation , Soil , or Hydrology naturally problematic? No v" (If no, explain in Remarks.) Are "Normal Circumstances" present? Yes (If needed, explain any answers in Remarks.) No W,. SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Y Is the Sampled Area Hydria Soil Present? Yes No within a Wetland? Yes No Wetland Hydrology Present? Yes No , Remarks: HYDROLOGY Wetland hydrology Indicators: Seconda Indicators minimum of two re aired Primary indicators (minimum of one is required; check all that apply) — Surface Soil Cracks (66) _ Surface Water (Al) _ Aquatic Fauna (813) _ Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) — Marl Deposits (B15) (LRR U) — Drainage Patterns (610) _ Saturation (A3) — Hydrogen Sulfide Odor (C1) — Moss Trim Lines (816) Water Marks (61) ^ Oxidized Rhizospheres along Living Roots (C3) _ Dry- Season Water Table (02) _— Sediment Deposits (82) _ Presence of Reduced Iron (C4) _ Crayfish Burrows (C8) _ Drift Deposits (83) — Recent Iron Reduction in Tilled Soils (C6) — Saturation Visible on Aerial Imagery (09) _ Algal Mat or Crust (64) — Thin Muck Surface (C7) � Geomorphic Position (D2) Iron Deposits (65) W.... Other (Explain in Remarks) _ Shallow Aquitard (D3) _ Inundation Visible on Aerial Imagery (137) _ FAC- Neutral Test (DS) Water-Stained Leaves (89) Sphagnum moss (D8) (i T, U) Field Observations: Surface Water Present? Yes No Depth (inches): +.7,e Water Table Present? Yes No =,f Depth (inches): ? I e Saturation Present? Yes Na Depth (inches): Wetland hydrology Present? Yes No (includes canillary fringe? Describe Recorded Data (stream gauge, monitoring well, aeriat photos, previous inspections), if available: Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -w Version 2.0 VEGETATION (Four Strata) — Use scientific names of plants, 1-1 ,r ; e Sampiing Point: I. i'?. ; US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: ) %Cover species? Status Number of Dominant Species 1. That Are OBL, FACW, or FAC: (A) 2. Total Number of Dominant Species Across All Strata: 2 (B) 3 4. Percent of Dominant Species 5. That Are OBL, FACW, or FAC: > D (A1B) 6. Prevalence Index worksheet: Total % Cover of: Multiply by: 7 8 OBL species x 1 = Total Cover 50% of total cover: 20% of total cover: FACW species x 2 = Sapling /Shrub Stratum (Plot size: ) FAC species x 3 = 1 FACU species x 4 = 2 UPL species x 5 = 3 Column Totals: (A) (B) 4. Prevalence Index = B/A = 5. Hydrophytic Vegetation Indicators: 6. 1 - Rapid Test for Hydrophytic Vegetation 7. 2 - Dominance Test is ?50% 8. _ 3 - Prevalence Index is 53.0' = Total Cover _ Problematic Hydrophytic Vegetation' (Explain) 50% of total cover: 20% of total cover: Herb Stratum (Plot size: ryr ) Indicators of hydric soil and wetland hydrology must 1, a e'l )� C} �i� /Tie` be present, unless disturbed or problematic. 2 ! /� a �fi]� l iJ��c G {,r.1 �cf�� ,; `� ;.��.) CID " Definitions of Four Vegetation Strata: 3. Tree -- Woody plants, excluding vines, 3 in. (7.6 cm) or 4. more in diameter at breast height (DBH), regardless of 5 height. 6. Sapling /Shrub —Woody plants, excluding vines, less 7. than 3 in. DBH and greater than 3.28 ft (9 m) talc. 8. Herb —All herbaceous (non- woody) plants, regardless 9. of size, and woody plants less than 3.28 ft tall. 10. Woody vine — All woody vines greater than 3.28 ft in 11. height. 12. 100 = Total Cover 50% of total cover: !� t.y 20% of total cover. Woody Vine Stratum (Plot size: } 1. 2. 3. 4. 5. Hydrophytic = Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes No Remarks: (If observed, list morphological adaptations below). US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 SOIL Sampling Point: `) ljy) Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise rioted.) Redox Features Histosol (Al) _ Polyvalue Below Surface (S8) (LRR S, T, U) (inches) Color (moist) % Color (moist) % Type Loc Texture Remarks Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) _ Piedmont Ftoodplain Soils (F19) (LRR P, S, T) Stratified Layers (A5) Depieted Matrix (F3) _ Anomalous Bright Loamy Soils (F20) Organic Bodies (A6) (LRR P, T, U) Redox Dark Surface (F6) (MLRA 1538) _ 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Depleted Dark Surface (177) _ Red Parent Material (TF2) Muck Presence (AB) (LRR U) — Redox Depressions (FB) _ Very Shallow Dario Surface (TF12) 1 em Muck (A9) (LRR P, T) _ Marl (F10) (LRR U) _ Other (Explain in Remarks) Depleted Below Dark Surface (A11) _ Depleted Ochric (F11) (MLRA 151) Thick Dark Surface (Al2) _ Iron - Manganese Masses (F12) (LRR O, P, T) 31ndicators of hydrophytic vegetation and Coast Prairie Redox (A16) (M LRA 150A) Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, _ Sandy Mucky Mineral (S1) (LRR 0, S) _ Delta Ochric (F17) (MLRA 451) unless disturbed or problematic. Sandy Gleyed Matrix (S4) Reduced Vertic (F18) (MLRA 150A, 150€3) Sandy Redox (S5) Piedmont Floodplain Soils (1719) (MLRA 149A) _ Stripped Matrix (S6) _ Anomalous Bright Loamy Soils (F20) (MLRA Jo _ Dark Surface (S7) (LRR P, 5, T, U) Restrictive Layer (if observed): 'Type: C= Concentration, D= Depletion, RM= Reduced Matrix, MS= Masked Sand Grains. 2Location: PL =Pore Lining, M= Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise rioted.) Indicators for Problematic Hydric Soils': Histosol (Al) _ Polyvalue Below Surface (S8) (LRR S, T, U) _ 'I cm Muck (A9) (LRR 0) Histic Epipedon (A2) _ Thin Dark Surface (S9) (LRR 5, T, U) _ 2 em Muck (A40) (LRR S) Black Histic (A3) Loamy Mucky Mineral (F1) (LRR O) Reduced Vertic (1`18) (outside MLRA 150A,B) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) _ Piedmont Ftoodplain Soils (F19) (LRR P, S, T) Stratified Layers (A5) Depieted Matrix (F3) _ Anomalous Bright Loamy Soils (F20) Organic Bodies (A6) (LRR P, T, U) Redox Dark Surface (F6) (MLRA 1538) _ 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Depleted Dark Surface (177) _ Red Parent Material (TF2) Muck Presence (AB) (LRR U) — Redox Depressions (FB) _ Very Shallow Dario Surface (TF12) 1 em Muck (A9) (LRR P, T) _ Marl (F10) (LRR U) _ Other (Explain in Remarks) Depleted Below Dark Surface (A11) _ Depleted Ochric (F11) (MLRA 151) Thick Dark Surface (Al2) _ Iron - Manganese Masses (F12) (LRR O, P, T) 31ndicators of hydrophytic vegetation and Coast Prairie Redox (A16) (M LRA 150A) Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, _ Sandy Mucky Mineral (S1) (LRR 0, S) _ Delta Ochric (F17) (MLRA 451) unless disturbed or problematic. Sandy Gleyed Matrix (S4) Reduced Vertic (F18) (MLRA 150A, 150€3) Sandy Redox (S5) Piedmont Floodplain Soils (1719) (MLRA 149A) _ Stripped Matrix (S6) _ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) _ Dark Surface (S7) (LRR P, 5, T, U) Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 WETLAND DETERr Project/Site: Applicant/Owner; Investigator(s): �• Ste? £> AINATION I: Landform (hillslope, terrace, etc.): Subregion (LRR or MLRA): LP- P Lat: Soil Map Unit Name: K) t 11 )ATA FORM — Atlantic and Gulf Coastal Plain Region City /County: Sampling Date: State: Sampling Point: ('-�� 2._� Section, Township, Range: Local relief (concave, convex, none): 3 "r.. -rl c./, r..F , Slope Are climatic / hydrologic conditions on the site typical for this time of year? Yes _ Are Vegetation Soil or Hydrology significantly disturbed? Are Vegetation Soil or Hydrology naturally problematic? Long: Datum: NWI classification: �E, r "1 2– No V` (If no, explain in Remarks.) Are "Normal Circumstances" present? Yes No t f (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS -- Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes w'` No Is the Sampled Area Hydric Soil Present? Yes ✓ No within a Wetland? Yes �' No Wetland Hydrology Present? Yes L'' No Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators minimum of one is re aired' check all that apply) ✓ Surface Water (A1) _ Aquatic Fauna (813) High Water Table (A2) — Marl Deposits (1315) (LRR U) _ Saturation (A3) _ Hydrogen Sulfide Odor (C1) Water Marks (8 1) — Oxidized Rhizospheres along Living Roots (C3) — Sediment Deposits (82) _ Presence of Reduced Iron (C4) _ DriH Deposits (133) — Recent Iron Reduction in Tilled Soils (C6) _ Algal Mat or Crust (84) — Thin Muck Surface (C7) — Iron Deposits (85) — Other (Explain in Remarks) — Inundation Visible on Aerial Imagery (87) _ Water - Stained Leaves (89) Field Observations: 1 - -� Surface Water Present? Yes `' No Depth (inches): Water Table Present? Yes v %` No Depth (inches): ,, 0� Saturation Present? Yes No Depth (inches): (includes capillary frinae) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspe 1, Surface Soil Cracks (B6) Sparsely Vegetated Concave Surface (138) Drainage Patterns (1310) _ Moss Trim Lines (6 16) _ Dry- Season Water Table (C2) Crayfish Burrows (CO) Saturation Visible on Aerial Imagery (CO) ' Geomorphic Position (D2) _ Shallow Aquitard (03) _ FAC- Neutral Test (05) Sphagnum moss (08) (LRR T, U) Wetland Hydrology Present? Yes 4-- No e: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region – Version 2,0 VEGETATION (Four Strata) -- Use scientific names of plants. Sampling Point: � f�,r'; • y9 US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: ) % Cover Species? Status Number of Dominant Species 1. That Are OBL, FACW, or FAC: ILL (A) 2. Total Number of Dominant 3. Species Across All Strata: a. 5. Percent of Dominant Species J That Are OBL, FACW, or FAC: (A(B) I G. Prevalence Index worksheet: 8. Total % Cover of: Multiply by: = Total Cover OBL species x 1 = 50% off dial cover: 20% of total cover: FACW species x 2 = Sapling/Shrub Stratum (Plot size: ) FAC species x 3 = 1 FACU species x a = 2 UPL species x 5 = 3 Column Totals: (A) (B) 4. Prevalence Index = B/A= 5, Hydrophytic Vegetation Indicators: S. _ 1 - Rapid Test for Hydrophytic Vegetation 7 _ 2 - Dominance Test is >50% 8. 3 - Prevalence Index is 53.0' = Total Cover Problematic Hydrophytic Vegetation' (Explain) 50% of total cover: 20% of total cover: Herb Stratum (Plot size is)'1 ) 'Indicators of hydric soil and wetland hydrology must -10 be present, unless disturbed or problematic. 2. Ear) }1 p'•p�, 1 0 Definitions of Four Vegetation Strata: 3. \+t >,a,c:,;a : -r,!„ cs,i '" CAE Tye Tree —Woody plants, excluding vines, 3 in, (7.6 cm) or 4. more in diameter at breast height (DBH), regardless of 5 height. G. SaplinglShrub — Woody plants, excluding vines, less 7. than 3 in. DBH and greater than 3.28 ft (1 m) tall. 8. Herb —All herbaceous (non- woody) plants, regardless 9. of size, and woody plants less than 3.28 ft tall. 10. Woody vine — All woody vines greater than 3,28 ft in 11. height. 12. 0C) = Total Cover 50% of total cover: ` 20% of total cover: ;20 WoodyVine Stratum (Plot size: ) 1. 2. 3. 4. 5. Hydrophytic = Total Cover Vegetation 50% oft otal cover: 20% of total cover: Present? Yes ` No Remarks: (If observed, list morphological adaptations betow), US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % ..... Color (moist) I\Zpe Loc' Texture Remarks 0 ,Z) VIC% `V V11 Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. �Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils': Histosol (Al) — Polyvalue Below Surface (S8) (LRR 3, T, U) 1 cm Muck (A9) (LRR 0) Histic Epipedon (A2) — Thin Dark Surface (39) (LRR S, T, U) 2 cm Muck (Al 0) (LRR 3) Black Histic (A3) Loamy Mucky Mineral (F1) (LRR 0) Reduced Vertic (F18) (outside MLRA 150A,B) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (1`2) Piedmont Floodplain Soils (F19) (LRR P, S, T) Stratified Layers (A5) Depleted Matrix (F3) Anomalous Bright Loamy Soils (F20) Organic Bodies (A6) (LRR P, T, U) Redox Dark Surface (F6) (MLRA 15313) 5 cm Mucky Mineral (A7) (LRR P, T, U) Depleted Dark Surface (F7) Red Parent Material (TF2) Muck Presence (A8) (LRR U) Redox Depressions (F3) Very Shallow Dark Surface (TFl 2) I cm Muck (A9) (LRR P, T) Marl (Flo) (LRR U) Other (Explain in Remarks) Depleted Below Dark Surface (All) Depleted Ochric (F11) (MLRA 151) Thick Dark Surface (Al 2) Iron - Manganese Masses (F12) (LRR 0, P, T) 31ndicators of hydrophytic vegetation and Coast Prairie Redox (Al 6) (MLRA 150A) Umbric Surface (1713) (LRR P, T, U) wetland hydrology must be present, Sandy Mucky Mineral (31) (LRR 0, 8) Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. Sandy Gleyed Matrix (S4) Reduced Vertic (F16) (MLRA 150A, 15013) Sandy Redox (55) Piedmont Floodplain Soils (Fl 9) (MLRA 149A) Stripped Matrix (S6) Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) Dark Surface (S7) (LRR P, $, T, U) Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region – Version 2.0 WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region 0 Ise, Project !Site: -? t� "`3A-,('4, `. �� <`` �C/� /�-t �r r� >�. CitylCounty: Ikla ifc. a, ax: �r�t Sampling Date: Applicant/Owner: State: /)L Sampling Point: Investigator(s): `k %' ' l,::,c Section, Township, Range: Landform (hillslope, terrace, etc.): f C.iz../ d�ct- Subregion (LRR or MLRA): Z_ Apia P Soil Map Unit Name: r Are climatic I hydrologic conditions on the site typi. Are Vegetation , Soil or Hydrology Are Vegetation , Soil or Hydrology Local relief (concave, convex, none): e 01) 00.a: Slope ( %) /0 tat: Long: Datum: NWI classification: ml for this time of year? Yes No V,,. (lf no, explain in Remarks.) significantly disturbed? Are "Normal Circumstances" present? Yes No l J naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS -- Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No is the Sampled Area Hydric Soil Present? Yes V"` No within a Wettand? Yes No V Wetland Hydrology Present? Yes No f Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators minimum of one is re wired' check all that apply) _ Surface Water (Al) _ Aquatic Fauna (1313) — High Water Table (A2) — Marl Deposits (6 15) (LRR U) ____ Saturation (A3) — Hydrogen Sulfide Odor (Cl) Water Marks (81) _ Oxidized Rhizospheres along Living Roots (C3) Sediment Deposits (B2) _ Presence of Reduced Iron (C4) — Drift Deposits (83) — Recent Iron Reduction in Tilled Soils (C6) — Algal Mat or Crust (134) ,�, , Thin Muck Surface (C7) — Iron Deposits (65) — Other (Explain in Remarks) _ Inundation Visible on Aerial Imagery (137) Water - Stained Leaves (139) Field Observations: W Surface Water Present? Yes N4 Depth (inches): Water Table Present? Yes No ;- ` Depth (inches): _ Surface Soil Cracks (136) _ Sparsely Vegetated Concave Surface (BS) Drainage Patterns (B10) Moss Trim Lines (1316) — Dry- Season Water Table (C2) _ Crayfish Burrows (CB) Saturation Visible on Aerial Imagery (C9) Geomorphic Position (D2) __ _ Shallow Aquitard (D3) _ FAG-Neutral Test (D5) Sphagnum moss (D8) (LRR T, U) Saturation Present? Yes No Depth (inches): Wetland Hydrology Present? Yes (stream gauge, monitoring well, aerial photos, previous inspections), if No US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 VEGETATION (Four Strata) — Use scientific names of plants. Sampling POInL US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: ) %Cover Species? Status Number of Dominant Species 1. That Are 08L, FACW, or FAC; (A) 2. Total Number of Dominant 3. Species Across All Strata: (8) 4. 5. Percent of Dominant Species t� That Are 08L, FACW, or FAC: (A/8) 6. Prevalence Index worksheet: 7. 8 Total % Cover ofT Multiply by: OBL species x 1 = = Total Cover 50% of total cover: 20% of total cover: FACW species x 2 = Sapling/Shrub Stratum (Plot size: ) FAC species x 3 = 1. FACU species x 4 = 2 UPL species x 5 = 3. Column Totals: (A) (B) 4. Prevalence Index = B /A= 5, Hydrophytic Vegetation Indicators: 6. 1 - Rapid Test for Hydrophytic Vegetation ^_ 7. 2 - Dominance Test is >50% 8. 3 - Prevalence Index is <_3.0' = Total Cover Problematic Hydrophytic Vegetation' (Explain) 50% of total cover: 20% of total cover: Herb Stratum (Plot size: % ) 'Indicators of hydric soil and wetland hydrology must 1, be present, unless disturbed or problematic. 2. eo se � r"I K NDefinitions of Four Vegetation Strata: Tree — Woody plants, excluding vines, 3 in. (7.6 cm) or 3. 4. more in diameter at breast height (DBH), regardless of height. 5. 6. Sapling /Shrub -- Woody plants, excluding vines, less 7, than 3 in. D8H and greaterthan 3.28 ft (1 m) tail. 8. Herb —Ali herbaceous (non- woody) plants, regardless S. of size, and woody plants less than 3.28 ft tall. 10. Woody vine —Ali woody vines greater than 3.28 ft in 11, height. 12. Total Cover 50% oft otal cover: J 20% of total cover: t ;) Woody Vine Stratum {Plot size: ) 1. 2, 3, 4. 5. Hydrophytic = Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes No Remarks: (If observed, list morphological adaptations below). US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 SOIL. - -- - - - - - -- Profile Description: (Describe to the depth needed to document the indicator or confirm the absence Depth Matrix Hisft Epipedon (A2) Redox Features 2 cm Muck (A10) (LRR S) (inches)- moist ) °!o Color (racist) % Type__ Loc' Texture , r Stratified Layers (A5) !� Depleted Matrix (F3) _,__ Anomalous Bright Loamy Soils (F20) Organic Bodies (A6) (LRR P, T, U) — Redox Dark Surface (56) (M LRA 1538) 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Depleted Dark Surface (F7) _ Red Parent Material (TF2) _ Muck Presence (A8) (LRR U) ,,,,,,,,, Redox Depressions (F8) ,,.,,W. Very Shallow Dark Surface (TF12) 1 cm Muck (A9) (LRR P, T) _ Marl (F10) (LRR U) _ Other (Explain in Remarks) _ Depleted Below Dark Surface (All) _ Depleted Ochric (F11) (MLRA 151) Thick Dark Surface (Al2) _ Iran - Manganese Masses (F12) (LRR O, P, T) 3lndicators of hydrophytic vegetation and _ Coast Prairie Redox (A16) (M LRA 150A) _ Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, Sandy Mucky Mineral (S1) (LRR O, S) _ Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. _ Sandy Gleyed Matrix (S4) ,,,_, Reduced Vertic (1718) (MLRA 150A, 150B) Sandy Redox (S5) — Piedmont Ffoodplain Soils (F19) (M LRA 149A) Sampling Point: Remarks 'Type: C= Concentration, D= Depletion, RM= Reduced Matrix, MS= Masked Sand Grains. `Location: PL =Pore Lining, M= Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Sol Histosoi (Al) _ Polyvalue Below Surface (88) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O) Hisft Epipedon (A2) _ Thin Dark Surface (S9) (LRR S, T, U) _ 2 cm Muck (A10) (LRR S) _ Black Histic (A3) Loamy Mucky Mineral (F1) (LRR O) „_,,,_ Reduced Vertic (F18) (outside MLRA 150A, B) M Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) _ Piedmont Floodpiain Soils (F19) (LRR P, S, T) r Stratified Layers (A5) !� Depleted Matrix (F3) _,__ Anomalous Bright Loamy Soils (F20) Organic Bodies (A6) (LRR P, T, U) — Redox Dark Surface (56) (M LRA 1538) 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Depleted Dark Surface (F7) _ Red Parent Material (TF2) _ Muck Presence (A8) (LRR U) ,,,,,,,,, Redox Depressions (F8) ,,.,,W. Very Shallow Dark Surface (TF12) 1 cm Muck (A9) (LRR P, T) _ Marl (F10) (LRR U) _ Other (Explain in Remarks) _ Depleted Below Dark Surface (All) _ Depleted Ochric (F11) (MLRA 151) Thick Dark Surface (Al2) _ Iran - Manganese Masses (F12) (LRR O, P, T) 3lndicators of hydrophytic vegetation and _ Coast Prairie Redox (A16) (M LRA 150A) _ Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, Sandy Mucky Mineral (S1) (LRR O, S) _ Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. _ Sandy Gleyed Matrix (S4) ,,,_, Reduced Vertic (1718) (MLRA 150A, 150B) Sandy Redox (S5) — Piedmont Ffoodplain Soils (F19) (M LRA 149A) Stripped Matrix (36) _ Anomalous Bright Loamy Soils (F20) (M LRA 149A, 1530, 153D) _ Dark Surface (37) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (Inches): Hydric Soil Present? Yes V11- No US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site: Citylcounty: Sampling Date: Applicant/Owner: State: kwl Sampling Point: h ' Investigator(s): -> TY Section, Township, Range: Landform (hilislope, terrace, etc.): `/' , 6 Irr_ Loca #relief (concave, convex, none): Slope ( %). r Subregion (LRR or MLRA): LR R ? Lat: Long: Datum: Soil Map Unit Name: ­T "1"5 -'14' e-� NWI classification: ,,.' & ,i -,., Are climatic f hydrologic conditions on the site typical for this time of year? Yes _ Are Vegetation Soil , or Hydrology significantly disturbed? Are Vegetation Soil , or Hydrology naturally problematic? No 1F" (If no, explain in Remarks.) Are 'Normal Circumstances" present? Yes No t ^'' (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes ✓ No Is the Sampled Area Hydric Soil Present? Yes V✓ No within a Wetland? Yes No Wetland Hydrology Present? Yes No HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Prlpry Indicators (minimum of one is required; check all that apply) _ Surface Soit Cracks (86) Surface Water (Al) _ Aquatic Fauna (813) Sparsely Vegetated Concave Surface (138) High Water Table (A2) _ Marl Deposits (8 16) (LRR U) _ Drainage Patterns (610) Saturation (A3) " Hydrogen Sulfide Odor (C1) _ Moss Trim Lines (616) Water Marks (al) _ Oxidized Rhizospheres along Living Roots (C3) _ Dry- Season Water Table (C2) Sediment Deposits (82) _ Presence of Reduced Iron (C4) _ Crayfish Burrows (C8) Drift Deposits (E33) _ Recent Iron Reduction in Tilled Soils (C6) — Saturation Visible on Aerial Imagery (CO) Algal Mat or Grust (84) _ Thin Muck Surface (C7) ✓Geomorphic Position (D2) _ Iron Deposits (85) — Other (Explain in Remarks) " Shallow Aquitard (D3) Inundation Visible on Aerial Imagery (87) FAG - Neutral Test (D5) Water - Stained Leaves (89) _ Sphagnum moss (D8) (LRR T, U) Surface Water Present? Yes i, No Depth (inches): 5e.t Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): Describe Recorded Data (stream gauge, monitoring well, a Remarks: Wetland Hydrology Present? Yes No US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region – Version 2.0 VEGETATION (Four Strata) — Use scientific names of plants. Sampling Point: Remarks: (if observed, list morphological adaptations below). US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: } % Cover Soecies? Status Number of Dominant Species 1. That Are OBL, FACW, or FAC: 31 (A) 2. Total Number of Dominant J 3. Species Across All Strata: {B) 4. Percent of Dominant Species 5. That Are OBL, FACW, or FAC: ! 05 {A/B) 6. Prevalence Index worksheet: 7 Total % Cover of: Multiply by: 8 OBL species X 1 = = Total Cover FACW species x 2 = 50% oft otal cover: 20% of total cover: FAC species x 3 = Sapling /Shrub Stratum (Plot size: } FACU species x 4 = 9. UPL species x 5 = 2. Column Totals: (A) (B) 3. 4. Prevalence Index = B/A = 5. Hydrophytic Vegetation Indicators; 6• d 1 - Rapid Test for Hydrophytic Vegetation 7._ 2 - Dominance Test is >50% 8. r 3 - Prevalence Index is 53.0' M Total Cover problematic Hydrophyiic Vegetation' (Explain) 50% oft otal cover: 20% of total cover: Herb Stratum (Plot size: ) 'indicators of hydric soil and wetland hydrology must q, i¢: E,i.r r, =. ' C;, ;.r:; i• Ct �j 5 f.)'! be present, unless disturbed or problematic. —r (ILL L 081- Deflnittons of Four Vegetatlon Strata: 3. l_u�Ltctlgi�! /�'t t. 30 --�— Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 4. more in diameter at breast height (DBH), regardless of 5 height. 6. Sapling /Shrub - Woody plants, excluding vines, less 7 than 3 in. DBH and greater than 3.28 It (1 m) tall. 8. Herb -All herbaceous (non - woody) plants, regardless g. of size, and woody plants less than 3.28 ft tall. 10. Woody vine -• All woody vines greater than 3.28 ft in 31. height. 12. �(� = Total Cover 50% oft otal cover: 0 20% of total cover: Woody Vine Stratum (Plot size: ) 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation / Present? Yes No 50% oft dal cover: 20% of total cover: Remarks: (if observed, list morphological adaptations below). US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 SOIL N Sampling Point: r or confirm the absence of indicators.) Depth Matrix Loamy Mucky Mineral (F1) (LRR 0) _ Redox Features _ Loamy Gleyed Matrix (F2) — (inches) Color moist % Color (moist) _ % Type 107 — Depleted Dark Surface (F7) — Red Parent Material (TF2) t)t) -7 — Mari (F10) (LRR U) _ Other (Explain in Remarks) Depleted Ochric (F11) (MLRA 151) TE YR 1,;/R- is ... _ Llmbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, Delta Ochric (F 17) (M LRA 151) unless d €sturbed or problematic. i _ Piedmont Floodp €ain Soils (F19) (MLRA 149A) Texture Remarks 'Type: C= Concentration, D= Depletion, RM= Reduced Matrix, MS= Masked Sand Grains. 2Locatiow PL =Pore Lining, M= Matrix, Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soi Histosol (Al) Histic Epipedon (A2) Black Histic (A3) _ Hydrogen Sulfide (A4) Stratified Layers (A5) Organic Bodies (A6) (LRR P, T, U) _ 5 cm Mucky Mineral (A7) (LRR P, T, U) Y Muck Presence (A8) (LRR U) _ 1 cm Muck (A9) (LRR P, T) Depleted Below Dark Surface (A11) _ Thick Dark Surface (Al2) Coast Prairie Redox (A16) (MLRA 150A) _ Sandy Mucky Mineral (Si) (LRR O, S) SandyGieyed Matrix (S4) _ Sandy Redox (S5) _ Stripped Matrix (36) Dark Surface (S7) (LRR P, S, T, U) Restrictive Laver (if observed): Type: Depth (inches): Polyvalue Below Surface (38) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O) Thin Dark Surface (S9) (LRR S, T, U) — 2 cm Muck (A10) (LRR S) Loamy Mucky Mineral (F1) (LRR 0) _ Reduced Vertic (F18) (Outside MLRA 150A, 6) _ Loamy Gleyed Matrix (F2) — Piedmont Floodplain Soils (F19) (LRR P, S, T) _ ✓Depleted Matrix (F3) _ Anomalous Bright Loamy Soils (F20) _ Redox Dark Surface (F6) (MLRA 1536) — Depleted Dark Surface (F7) — Red Parent Material (TF2) _ Redox Depressions (F8) _,_, Very Shallow Dark Surface (TF12) — Mari (F10) (LRR U) _ Other (Explain in Remarks) Depleted Ochric (F11) (MLRA 151) Iron - Manganese Masses (F12) (LRR O, P, T) 31ndicators of hydrophytic vegetation and _ Llmbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, Delta Ochric (F 17) (M LRA 151) unless d €sturbed or problematic. Reduced Vertic (1718) (MLRA 150A, 1508) _ Piedmont Floodp €ain Soils (F19) (MLRA 149A) Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 1530) Hydric Soil Present? Yes V f No US Army Corps of Engineers Atlantic and Gulf Coastaf Plain Region –Version 2.0 Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites Reference Wetland Information 105 Mitigation Plan M Stanley's Slough /Stanley's 11 Restoration Sites WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project /Site: Stanley's Slough Reference City /County: Margarettsville /Northampton Sampling Date: 4 -18 -2013 Applicant /Owner: KCI Associates of NC State: NC Sampling Point: DP #1 Investigator(s): S. Stokes Section, Township, Range: Landform (hillslope, terrace, etc.): Floodplain Local relief (concave, convex, none): Concave /flat Slope ( %): 0.1 Subregion (LRR or MLRA): LRR P L at: N 36 32' 33.2 Long: W 077 20' 50.6" Datum: Soil Map Unit Name: Roanoke NWI classification: PF01A Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) ❑ Surface Soil Cracks (136) ❑ Sparsely Vegetated Concave Surface (138) Primary Indicators (minimum of one is required: check all that apply) ❑ Surface Water (Al) El Aquatic Fauna (1313) ❑High Water Table (A2) I--I Marl Deposits (1315) (LRR U) ❑ Drainage Patterns (1310) ❑✓ Saturation (A3) ❑ Hydrogen Sulfide Odor (Cl) ❑ Moss Trim Lines (B16) ❑ Water Marks (131) ❑ Oxidized Rhizospheres along Living Roots (C3) ❑ Dry- Season Water Table (C2) ❑ Sediment Deposits (132) El Presence of Reduced Iron (C4) ❑ Crayfish Burrows (C8) ❑ Drift Deposits (133) I--I Recent Iron Reduction in Tilled Soils (C6) ❑ Saturation Visible on Aerial Imagery (C9) El Algal Mat or Crust (134) ❑ Thin Muck Surface (C7) Geomorphic Position (D2) El Iron Deposits (135) 0 Other (Explain in Remarks) ❑ Shallow Aquitard (D3) ❑. Inundation Visible on Aerial Imagery (137) FAC- Neutral Test (D5) ❑. Water- Stained Leaves (139) ❑ Sphagnum moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes X No Depth (inches): 11 Saturation Present? Yes X No Depth (inches): 9 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 VEGETATION (Four Strata) — Use scientific names of plants. Sampling Point: DP #1 Remarks: (If observed, list morphological adaptations below) US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30' ) % Cover Species? Status Number of Dominant Species 1 Quercus michauxii (Swamp Chestnut) 30 X FACW- That Are OBL, FACW, or FAC: 7 (A) 2 Acer rubrum (Red Maple) 30 X FAC Total Number of Dominant 3 Betula nigra (River Birch) 25 X FACW 9 Species Across All Strata: (B) 4 Liquidambar styraciflua (Sweetgum) 20 FAC+ 5 Magnolia virginiana (Sweetbay) 10 FACW+ Percent of Dominant Species 77 That Are OBL, FACW, or FAC: (A /B) 6 Quercus laurifolia (Laurel Oak) 5 FACW Prevalence Index worksheet: 7 8 Total % Cover of: Multiply by: 120 = Total Cover OBL species x 1 = 50% of total cover: 60 20% of total cover: 24 FACW species x 2 = Saplinq /Shrub Stratum (Plot size: 30' ) FAC species x 3 = 1 Ilex opaca (American Holly) 40 X FAC- FACU species x 4 = 2 Carpinus caroliniana (American Hornbeam) 40 X FAC UPL species x 5 = 3 Fraxinus pennsylvanica (Green Ash) 20 X FACW Column Totals: (A) (B) 4 Liquidambar styraciflua (Sweetgum) 15 FAC+ Prevalence Index = B/A = 5' Hydrophytic Vegetation Indicators: 6. 1 -Rapid Test for Hydrophytic Vegetation 7. El 2 - Dominance Test is >50 °k 8. 1:1 3 - Prevalence Index is < -3.0' 115 = Total Cover 0 Problematic Hydrophytic Vegetation (Explain) 50% of total cover: 57.5 20% of total cover: 23 Herb Stratum (Plot size: 1 m ) 'Indicators of hydric soil and wetland hydrology must 1 Arundinaria gigantea (Giant Cane) 25 X FACW be present, unless disturbed or problematic. 2 Woodwardia areolata (Netted Chain Fern) 10 X OBL Definitions of Four Vegetation Strata: 3. Tree — Woody plants, excluding vines, 3 in. (7.6 cm) or 4. more in diameter at breast height (DBH), regardless of 5 height. 6. Sapling /Shrub — Woody plants, excluding vines, less 7. than 3 in. DBH and greater than 3.28 ft (1 m) tall. 8. Herb — All herbaceous (non- woody) plants, regardless g. of size, and woody plants less than 3.28 ft tall. 10. Woody vine — All woody vines greater than 3.28 ft in 11. height. 12. 35 = Total Cover 50% of total cover: 17.5 20% of total cover: 7 Woody Vine Stratum (Plot size: 30' ) 1 Smilax rotundifolia (Common Greenbrier) 5 X FAC 2. 3. 4. 5 Hydrophytic 5 = Total Cover Vegetation 1 1 Present? Yes X No 50% of total cover: 20% of total cover: Remarks: (If observed, list morphological adaptations below) US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 SOIL Sampling Point: DP #1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type Loc Texture Remarks 0 -4 10YR 2/2 100 1 mucky loam 4 -7 10YR 4/1 100 1 7 -12 10YR 4/1 70 7.5YR 4/6 c2d 15 C C, PL sl 10YR 5/4 f1 d 5 C M 10YR 6/1 c2f 1 D M 12 -18 10YR 5/1 65 10YR 5/8 30 RM M scl 7.5YR 4/6 5 C PL 'Type: C= Concentration, D= Depletion, RM= Reduced Matrix, MS= Masked Sand Grains. 2Location: PL =Pore Lining, M= Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: .❑ Histosol (Al) ❑ Polyvalue Below Surface (S8) (LRR S, T, U) 1 cm Muck (A9) (LRR O) .❑ Histic Epipedon (A2) Thin Dark Surface (S9) (LRR S, T, U) T�❑I---II LJ 2 cm Muck (A10) (LRR S) .❑ Black Histic (A3) Loamy Mucky Mineral (F1) (LRR O) _❑ Reduced Vertic (F18) (outside MLRA 150A,B) .❑ Hydrogen Sulfide (A4) F] Loamy Gleyed Matrix (F2) _❑ Piedmont Floodplain Soils (F19) (LRR P, S, T) .❑ Stratified Layers (A5) Q✓ Depleted Matrix (F3) 0 Anomalous Bright Loamy Soils (F20) Organic Bodies (A6) (LRR P, T, U) ❑ Redox Dark Surface (F6) (MLRA 15313) .❑ .❑ 5 cm Mucky Mineral (A7) (LRR P, T, U) ❑ Depleted Dark Surface (F7) Red Red Parent Material (TF2) .F] Muck Presence (A8) (LRR U) ❑ Redox Depressions (F8) LJ Very Shallow Dark Surface (TF12) ❑ 1 cm Muck (A9) (LRR P, T) ❑ Marl (F10) (LRR U) ❑ Other (Explain in Remarks) ❑ Depleted Below Dark Surface (A11) ❑ Depleted Ochric (F11) (MLRA 151) .❑ Thick Dark Surface (Al2) ❑ Iron- Manganese Masses (F12) (LRR O, P, T) 3Indicators of hydrophytic vegetation and .❑ Coast Prairie Redox (A16) (MLRA 150A) ❑ Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, .❑ Sandy Mucky Mineral (S1) (LRR O, S) ❑ Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. ❑ Sandy Gleyed Matrix (S4) Reduced Vertic (F18) (MLRA 150A, 15013) ❑ Sandy Redox (S5) Piedmont Floodplain Soils (F19) (MLRA 149A) .❑ Stripped Matrix (S6) ❑ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C9 153D) .❑ Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 Mitigation Plan 110 Stanley's Slough /Stanley's 11 Restoration Sites Mitigation Plan .7' v 1 k \r . Stanley's Slough /Stanley's 11 Restoration Sites 300 150 0 300 Foet 111 Reference Wet €and Gauge SSS Project Easement �• - }i. _ r SII Project Easement PROJECT SITE REFERENCE WETLAND rmage5ovrce.NC2010 STANLEY'S SLOUGH ! STANLEY'S II �atewde0rthamagery RESTORATION SITES NORTHAMPTON COUNTY, NC 111 Mitigation Plan 112 Stanley's Slough /Stanley's 11 Restoration Sites Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites NC DWQ Stream Identification Form 113 Mitigation Plan 114 Stanley's Slough /Stanley's 11 Restoration Sites NC DWO Stream Identification Form Version 4.11 Date: 10 -10 -2011 ProjectlSite: Stanley's Slough Latitude: Evaluator: A. Spiller, T. Morris County: Northampton Longitude: Total Points: Stream Determination (circle one) Other Stream is at least intermittent 31.75 Ephemeral Intermittent Perennial e.g. Quad Name: if? 19 or perennial if? 30* 2 3 A. Geomorphology (Subtotal ='� ) Absent Weak Moderate Strong 13'Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg CED 1 2 3 3. In- channel structure: ex. riffle -pool, step -pool, ripple-pool sequence C 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active /relict floodplain 0 1 2 3 6. Depositional bars or benches (E) 1 2 3 T Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 i_ 5 11, Second or greater order channel No = Yes = 3 ° artificial ditches are not rated; see discussions in manual B. Hvdrologv (Subtotal = 13.5 ) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 175 ) 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 1 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 es = 3 C. Biology (Subtotal = _L3_75___) 18. Fibrous roots in streambed 3 2 1 COD 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 .5 1 1.5 24. Amphibians 0 0.5 1 1,5 25. Algae 0 0.5 1 Q-A) 26. Wetland plants in streambed FACW = 0.75; fOBL = 1.5 Other = 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: Mitigation Plan 116 Stanley's Slough /Stanley's 11 Restoration Sites Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites Jurisdictional Determination 117 Mitigation Plan 118 Stanley's Slough /Stanley's 11 Restoration Sites U.S. ARMY CORPS OF ENGINEERS COPY WILMINGTON DISTRICT Action Id. SAW -2012 -01918 County; Northampton U.S.G.S. Quad: VA- MARGARETTSVILLE NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Stanlev Garriss Agent: KCI Associates of North Carolina, P.A. Steven Stokes Address: 6523 NC Highway 186 Address: Landmark Center II, Suite 220 Margarettsville, NC 27853 4601 Six Forks Road Raleigh, NC, 27609 Property Owner: John Vaughan Address: 253 Maraarettsville St Maragarett_sville, NC 27853 Coordinates Latitude: 36.5373984395785 Longitude: - 77.349050034246 Location description: The property is located on the north side of NC Hwy 186, west, east and north of Mar arettsville Rd Mar arettsville Northampton County, NC. Indicate Which of the Following Apply: A. Preliminary Determination X 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 jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the pemnit 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. _ 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. _ The waters of the U.S. including wetlands on your project area 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 waters of the U.S. including 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 project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our Page 1 of 2 published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ 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. Placcinent of dredged or fill €naterial 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 (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Thomas Brown at 919 - 554 -4884 x22/ Thormas .L.Brow €i@usace.army.niil. C. Basis For Determination 1987 Corps of Engineers Wetland Delineation Manual and appropriate Re ional Supplement. D. Remarks E. Attention USDA Program Participants This delineatiorr/deter €nination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delincatio €r /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 (his 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: US Arrny Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303 -8801 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 331.5, and that it has been received by the Division 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 "It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence." Corps Regulatory Official:: -��; -: Date: November 29, 2012 ,- "° Expiration Date: November 29,_2017 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 attached customer Satisfaction Surveyor visit ljttp:l /p-e12,nw hmil to complete the survey online. Copy furnished: Applicant: Bile Number: SAW -2012- 01918 Date: November 29, 2012 Attached is: _ See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission A _❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D F1 PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an adianirstrative aooeal of the above decision. Additional informiation may be found at littp : / /www.usace.army.iiiil /iriet /functions /ew /cec_wo /reg or Corns regulations at 33 CFR Part 331. A: INITIAL PROFI +FRED PERMIT: Yon may accept or object to the permit. ® ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terins and conditions therein, you may request that the permit be modified accordingly. You must complete Section lI of this forni and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You niay accept or appeal the permit ® ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terns and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This foriii must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. ® APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form, to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. _SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. 14owever, you may provide additional infonnation to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Attn: Thomas Brown CESAD -PDO Raleigh Regualtory Field Office U.S. Army Corps of Engineers, South Atlantic Division 3331 Heritage Trade Dr, Suite 105 60 Forsyth Street, Room 10M15 Ware sorest, NC 27587 Atlanta, Georgia 30303 -8801 Phone: (404) 562 -5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investi ation, and will have the opportunity to participate in all site investigations._ Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Thomas Brown, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD -PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303 -8801 Phone: (404) 562 -5137 i J / L I I \ 1 1 I \ 1 1 \ \ I \ I 1 / \\ I 11 I `I \�♦ I 1/ • r � 1 1 \\ '\ ' ` \\ � l 11 1 tt It MARGARETTSVI LE ROAD ZD N ;u N ul O S (7 OD\ L D m m 0 O N r O D m m 1� = Z O Z m m M In J ;U VL wDm c O (m o x w m - . 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Field conditions were overcast and hot with storm activity in the general area. Recent rains were apparent. Local rainfall data indicated above average rainfall (10.73 ") for the month of August including two rainfall events of above 3" within 10 days of the site visit. Joe Pfeiffer and Tim Morris from KCI presented the project to the attendees. The following issues and concerns were documented at the meeting and will be addressed in the future development of the site. 1. ACOE expressed concern regarding the anticipated hydrology of Tributary 2 (northern tributary) after a large portion of its drainage area would be diverted and restored to its Memorandum Page 2 of 6 December 7, 2012 natural course. The main concern was that the reduced size of the drainage area to Tributary 2 would not support a perennial or potentially even an intermittent stream classification. It was mentioned that the area may be a stream at some point along the channel length but that it may be downstream of its current inception point as described in the Proposal. Streamflow data and /or streamflow indicators (development of a clearly defined high -water mark, rack/drift lines, etc.) would need to be provided to justify credits on Tributary 2. A more clearly defined drainage area map would also help to clarify the disposition of the resource. ACOE acknowledged that if it was determined that the inception point of Tributary 2 was further downstream than its current location, wetland restoration potential would exist above that point, assuming KCI could demonstrate pre- existing hydric soils. Prior to leaving the area ACOE indicated that they believed there was a credit risk in developing portion of the project due to the hydrology issue. - KCI will further examine the drainage area to Tributary 2 and attempt to refine the inception point of the stream in this area. A detailed analysis of this work will be presented in the mitigation plan. The monitoring plan will address the specifics of documenting the jurisdictional status of the stream (or wetland) for credit purposes. At this point, KCI has no intent to remove this stream from the mitigation plan, but will consider the Corps concerns and recommendations in determining and potentially revising the future credit yield from the area. 2. The IRT group was generally in agreement with the rest of the proposal from a stream credit perspective. The group walked the entire channel including the area of the channel that would be diverted back into the wooded area (Vaughan Property). DWQ indicated that stream function would be increased significantly by diverting the stream back into its historic location. It was noted that the stream within the wooded area had been channelized; however the channel size and shape seemed consistent with the downstream reference condition. Credit generation through this area would be 1:1. Grading would be required at the tie -in points as well as targeted areas within the woods to allow the stream to better access its historic floodplain. The IRT group had several issues associated with the call to consider portions of the wooded floodplain on the Vaughan property as wetland "restoration ". Currently there are 2.8 acres (out of approximately 8.5 wooded easement acres) proposed for wetland restoration. The 2.8 acres are located outside the proposed 100'- stream mitigation corridor. The wetland restoration areas contain hydric soils, however the hydrology component was determined to be lacking during previous visits to the site. KCI Memorandum Page 3of6 December 7, 2012 explained that the area could be considered restoration if additional hydrology could be added back into the system from the abandoned drainage area. The group questioned whether the site was already jurisdictional and therefore more appropriately considered being enhancement or perhaps re- establishment or rehabilitation (forms of restoration). According to 40 CFR Part 230 "Compensatory Mitigation for Losses of Aquatic Resources; Final Rule," Restoration (including re- establishment and rehabilitation) differs from enhancement in that "it results in either the reestablishment of an aquatic resource or the rehabilitation of a suite of functions at a degraded aquatic resource. In contrast enhancement activities focus on the improvement of a subset of specific functions." Discussion ensued and there was a general consensus that since the hydrology of the site would be restored, the entire floodplain area may be more appropriately described as rehabilitation and /or reestablishment as opposed to enhancement as significant uplift would occur to a suite of functions through the re- introduction of the historic drainage area to the site. The group agreed that the first order of business would be to get a Jurisdictional Determination (JD). If the JD concurred that the entire area was jurisdictional, then a call of "rehabilitation" might be appropriate based on the circumstances. Credit ratios would then need to be determined prior to the development of the mitigation plan. If the local Corps office agreed with the delineation, then appropriate methods to determine functional uplift within the 2.8 acre restoration area would need to be documented during development of the mitigation plan. Post hoc: - A JD meeting was held on 10 -3 -12 with Thomas Brown of the Raleigh Field Office of the ACOE. Three flags were moved at the direction of Mr. Brown. The final delineation plat is attached along with the Corps JD Concurrence Notification (dated November 29, 2012) is included in Attachment A. Of the approximately 8.5 -acre wooded area, 3.30 acres are in the existing 100 foot stream buffer, 0.77 acres are existing wetland that can be rehabilitated, 2.81 acres contain hydric soils that lack appropriate hydrology (restoration /re- establishment), 0.80 acres contain upland soils (upland preservation) and 0.52 acres of jurisdictional wetlands exists that KCI believes will not be appropriate for rehabilitation. These wetlands would be non - credit bearing units (preservation only). - A second Full Delivery proposal has been submitted to add approximately 65 acres of wetland restoration Stanley's Slough project. Although this project has not been awarded at this time, we have included the project boundaries and a similar analysis of the sites rehabilitation/re- establishment potential. KCI would like to solicit pre - contract comments from the agencies on the "Stanley's II" project since the two projects are Memorandum Page 4 of 6 December 7, 2012 so closely linked together. Attachment B shows the boundaries of both projects along with soil delineation information and a proposed asset map. KCFs proposed recommendations for rehabilitation and re- establishment are included for both project areas. We have also included recommendations for ratios. These are included in the tables below: Stanley's Slough - Mitigation Mitigation Category Mitigation Category Acres Linear Feet Ratio /I WMUs SMU's Wetland Preservation 0.52 0 0.00 2 Wetland Reestablishment 2.81 1 2.81 5.75 Wetland Rehabilitation 0.78 1.5 0.52 Upland Inclusion Stream Reestablishment 3.56 1437 1 0.00 1437 Stream Rehabilitation 6.36 2884 1 0.00 2884 Upland Inclusion 0.75 0 0.00 TOTALS 14.78 3.33 4321 Stanley's II Mitigation Category Acres Ratio WMUs *Constrained Reestablishment 0.47 1.5 0.31 *Constrained Rehabilitation 0.09 2 0.05 Wetland Reestablishment 5.75 1 5.75 Wetland Rehabilitation 1.12 1.5 0.75 Upland Inclusion 1.87 0 0.00 9.29 6.85 * Under Electric Transmission Line - We understand that the interpretation of the CFR as it relates to rehabilitation and re- establishment is un- vetted at this point in time. KCI would like to meet with the Corps /IRT to discuss this concept and come to an equitable resolution prior to the submittal of our mitigation plan. Memorandum Page 5of6 December 7, 2012 ATTACHMENT A — 7D Plat and Letter Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites Attachment A Not Included — Refer to Jurisdictional Determination Letter and Plat in Appendix 134 Memorandum Page 6 of 6 December 7, 2012 ATTACHMENT B — Soils and Proposed Asset Maps �.. " - 'll .r r` Eliminated area under power line due to access issues and ROW conflicts with * terms of Conservation Ar Easement rr t :. k1ir �r PY r 19 - �,�.n y• � ,..h. �� - 'T��; 1. •�, �I ylyy{ � 1 r ��41,o: 1 T - - �• l Added sliver of land to offset loss of power line acreage. Approximately .4 acres. s ,y J � J r i A. Stanley's Slough Mitigation - SSS and SII ,,b.. r--J SSS Project Boundary Constrained Wetland Rehabilitation (0.09 ac SII) SII Project Boundary Wetland Preservation (0.52 ac SSS) w� i® Approximate Utility Easement - Stream Reestablishment (3.56 ac SSS) 1:2,400 1 inch =200 feet Wetland Reestablishment (8.55 ac - 2.80 ac SSS / 5.75ac SII)= Stream Rehabilitation (6.36 ac SSS) 0 50 100 200 K C I - Constrained Wetland Reestablishment (0.47 ac SII) Upland Inclusion (2.62 ac - 0.75 ac SSS / 1.87 ac SII) Feet r� TM o6 5 - Wetland Rehabilitation (1.90 ac - 0.78 ac SSS / 1.12 ac SII) Source: NC 2010 Orthoimagery W611 W612 W69 W5 -10 .� W55� �' OW5 , _.wil �. 5 _ '- W54W5_3 615" _r• W6 -2 �yWs ¢4 6 H27 }. 50 yJ J + 2f2 �H .. !_ 4 fi -36 W6 -37l._ 6y70. H'6 H21 � 232fk1 � W43W� W6 -12 _- - �, -1� H2 -5 r I. W61, �°'z�.JN6 -34 � Y W3 -1 � 5 '1 .f d.�'— "'�'_'� W35 W62 > Hz -z - I c..- y3 W1 -71, _ W3 -3 23 4 _���,���rµ / y W 632 . -'J ~'T ✓ //l W3 4 _ y� ' /(� W35 A•' 1'W6 -31 'Wil W36 Wl 0 W616W630 - - )' _ A5 W1 -69 - 1_2 1 2 O Al �` 1 1 4 4 C �4 l 68 -n1 �T �.. � •5 .A . 6<��'�y��., �.. �,. 15 Wl 65'; r W6_1 W628 wW1 -. �i -1- •� �@w1 -s3 .. N 11 -62 W1577 1 Al91�I - ++.i• , y i. iK�b/i - _7 O 1 -60 krr .6 8 +, T f. /!!r', y � - M5 4 DPS P6 18 •'n _ •8 9 __— W1 -55 W. A 23 A6 7 Wl 104J ` 7 -10. W1 A8 qg W151VV1 -52- 1 1 u 9 iG t H1 1 r ,2 � a1 •� W6 14 A10 W1 W Wl 48 DP�A `I W1 -21 A13 Al2 A11 W1 -115 W1- H1 -52 W6 -19 H1 -18 ,V1 -1 A 5 i J q2 A22 W1 .� - -I Al W1 -19 W1 -17 W1-0 - t W1- - Wl 43 A20 F '.i *Wl 44 A21 •�•j': 16� ' W _." 71 W1 -37 3 H *i H1 -19 36 H1 -35 4a ■ -25 ,.I W620 135 0 6 {_ - r '�- !• "' r ' W2 W t =' a•I 1 3� WW2 -7 { O VV2 . DP9 A34 2 �'' 6 W24 OA30 li �'' •i ''r f' O * 1 W2 A29 t l 1 37 17 H W2 -3 W22 Vc V 1 -22 W1 1 -3 17 H _ �• 1 -37W29 1 _ :} i...- { • 11 S �. ` 1 -29 1 -28 Al D A33 -38 z �., 11'rr��.lf I►'I. ti.i. �.p 23 WW2 -11 yyfj't+ r'. Yee. *W2 10 1 -39 �A35 H1 -43 H1- 44 A H 1 -4 •�- , 40 H1 W �� s � •. o k T' 1s A r H1 -6 H1 -5 H1 -4 H1 -3ti— 10- 10 -3\J10 7' S W11,9 1 , 0- W10-10 y W10 -11 t j•. '�1 62 9 12 &11 1L, y H1 -1 W 9 13 - W &14 1 ,W9 10 H1 -O ti—, W &16 W9 -15 .y W9 -16 i W 17 W &18 9 W9 -19 { •� .f 1 > 2 F,. w9 7" ti + DP -3 W8 -4W8.5 W8 -6 1 W9 6 ON . - - O fnr N/8 2 67 06 W9-07 W9 -2 O W9 24 T „! - i 5 _.. �.. Vq -3 - g_g 11 \ W7 9 N SSS Project Boundary L Ditch Bottoms 3 ® 77 SII Project Boundary ❑ Drained Roanoke Will 112W11 -8 W7 -1 fjj +W7 -13 ® Soil Profile Description Locations from Proposal 8 Roanoke Wetland O W11 -3 71 O,1,Wi4,5 87 W'3 s Survey Points ❑Drained Stream Buffer 0OV11 -6 ® Approximate Utility Easement ❑ Drained Tomotley ® Tomotley Wetland ❑ Drained Winton with Pelham inclusions ® Winton with Pelham inclusions Wetland Stanley's Slough Soils y is 1:2,400 + 1 inch =200 feet I L u ca !.lr+lw licwenl —F ------ j-K C FY 200 100 0 200 �vm COrv51kuC1,OVf. 1rvC. Source: NC 2010 Orthoimagery Feet Mitigation Plan 138 Stanley's Slough /Stanley's 11 Restoration Sites Tires Morris From: Tugwell, Todd SAW <Todd,Tugwell @usace.army.mil> Sent: Wednesday, January 02, 2013 12:35 PM To: Tim Morris; Crumbley, Tyler SAW Cc: Smith, Heather (heather.c,smith @ncdenr.gov); Joe Pfeiffer Subject: RE: Stanley's Slough - Rehabilitation /Re- establishment Assessment (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Tim, Our guidance regarding wetland ratios has never been fixed to the point where we can't adjust ratios based on our best professional judgment. Typically, in enhancement scenarios, the functional degradation can be very easily identified, but in the system you are proposing for enhancement, we feel that the existing wetland is already very high functioning (no major ditching, mature and appropriate vegetation structure, and acceptable hydrology). In comparing this to what the site might be like after the work is complete, we don't see a substantial improvement - basically the site will be a bit wetter. This could actually bring some potential negatives (e.g., mortality of the existing trees). The goal should be to look at the function provided by the site in its current condition and compare that to what it will be like once the improvements have been made, then base the ratio on the uplift. In this case, I don't believe that uplift will be that much, so considering the unique circumstances of what is proposed on the site, we feel that a ratio of 2.5: 1 is appropriate. We have spent a lot of time thinking though this very issue as we have been working on the NC WAM implementation. Even once NC WAM is fully implemented, it will not necessarily address these scenarios since it is not intended to be used to predict /measure functional uplift from mitigation sites, but it may at least provide some insights into what functional categories we consider when making that determination. Hope this helps, Todd Tugwell Special Projects Manager Regulatory Division Wilmington District U.S. Army Corps of Engineers 11405 Falls of Neuse Road Wake Forest, NC 27587 (919) 846 -2564 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. Todd - - - -- Original Message---- - From: Tint Morris [mailto:Tim.Morris @kci.com] Sent: Friday, December 21, 2012 1:19 PM To: Crumbley, Tyler SAW Cc: Smith, Heather (heather.c.smith @ncdenr.gov); Tugwell, Todd SAW; Joe Pfeiffer Subject: RE: Stanley's Slough - Rehabilitation /Re- establishment Assessment (UNCLASSIFIED) Thanks for the quick response Tyler. I think we can live with the 2.5:1 ratio for this particular project, but wanted to let you know our thought process on the ratios that we provided. Wetland enhancement is generally give a 2:1 ratio for the improvement of a single function. Rehabilitation, based on the description provided in the CFR, is considered an improvement in a suite of functions. This led us to propose a ratio that was slightly better than what we typically get for enhancement. I understand the grey area in all this, but would you consider a 2:1 so that we are at least the same as the typical enhancement ratio? Seems like if this type of analysis comes up on future projects there would be an inconsistency between the ratio and the definition. if the ratios will be evaluated case by case and this is just more of a gut feeling for this particular site, we can live with that too. Thanks for your feedback and have a great holiday! - - - -- Original Message---- - From: Crumbley, Tyler SAW [ mailto :Tyler.Crumbley@usace.army.mil] Sent: Friday, December 21, 2012 11:26 AM To: Tim Morris Cc: Smith, Heather (heather.c.smith@ncdenr.gov); Tugwell, Todd SAW; Joe Pfeiffer Subject: RE: Stanley's Slough - Rehabilitation /Re- establishment Assessment (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Tim, Thanks again for sending the notes from the meeting. Most of the minutes capture what was discussed on -site accurately. There are however a few discrepancies between what was shown in the associated table and where we think we should go with the credit proposals. We believe that the potential functional uplift for the stream and wetland areas slated for Rehabilitation may be lower than anticipated and a ratio of 2.5:1 would be more appropriate. Additionally, as noted in your response to item #1, there will be further discussions on the Reestablishment portion of the streams and we can address that issue during the review process on the portal. We are glad to see that you were able to incorporate the other parcel for Stanley II. That should be beneficial to site and the project success of Stanley I. Let me know if you have any questions. v/r -Tyler Tyler Crumbley Regulatory Division Wilmington District U.S. Army Corps of Engineers 11405 Falls of Neuse Road Wake Forest, NC 27587 (919) 845 -2564 - - - -- Original Message---- - From: Tim Morris [mailto:Tim.Morris @kci.com] Sent: Monday, December 17, 2012 11:17 AM To: Crumbley, Tyler SAW Subject: RE: Stanley's Slough - Rehabilitation /Re- establishment Assessment (UNCLASSIFIED) 10 -4, thanks. - - - -- Original Message---- - From: Crumbley, Tyler SAW [ma ilto :Tyler.Crumbley @usace.army.mil] Sent: Monday, December 17, 2012 10:14 AM To: Tim Morris Subject: RE: Stanley's Slough - Rehabilitation /Re- establishment Assessment (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Thanks Tim, Todd and I will take a look at it and get back with you soon. -Tyler - - - -- Original Message---- - From: Tim Morris [mailto:Tim.Morris @kci.com] Sent: Monday, December 17, 2012 9:53 AM To: Crumbley, Tyler SAW Cc: Smith, Heather (heather.c.smith@ncdenr.gov); Tugwell, Todd SAW; Joe Pfeiffer Subject: Stanley's Slough - Rehabilitation /Re- establishment Assessment Hey Tyler, Sorry for the delay in getting this to you, but attached are meeting minutes from our September 6 IRT field review meeting as well as an assessment of the credit potential at the Stanley's Slough site. As you may recall, we talked in the field review meeting about whether this site could be a candidate to test out some of the new -ish terminology contained in the CFR (08 Final Mitigation Rule). Specifically the definitions of rehabilitation and re- establishment, since a good portion of the project would be improving multiple functions by reintroducing hydrology and drainage area to degraded aquatic resources. The piece of data that was missing at the time of the meeting was a JD for the property which we recently received from Thomas Brown. The attached letter report details what we believe is a fair interpretation of the rule. We recognize that this is unchartered waters to some extent so we would like to get some feedback from the Corps and /or the IRT before developing our mitigation plan for the site. A meeting is probably the best way to hash this all out. Also, we have included the boundaries and details for "Stanley's II" which is a FDP proposal that we recently submitted to EEP. This expands the Stanley's Slough project to add close to 7 acres of additional RWMU's. We recognize that this project has not been awarded yet, but the projects are so closely tied together we figured we should include the project boundaries and credit analysis should the project come to be (we were the only submittal, so there is good potential - knock on wood). Your feedback is appreciated. Thanks, Timothy J. Morris Senior Environmental Scientist KCI Associates of North Carolina, P.A. Landmark Center ll, Suite 220 4601 Six Forks Road Raleigh NC 27609 Office Phone - 919 - 278 -2511 Mobile Phone - 919 - 793 -6886 Fax - 919 -783 -9266 Email - tim.morris @kci.com Classification: UNCLASSIFIED Caveats: NONE Classification: UNCLASSIFIED Caveats: NONE Classification: UNCLASSIFIED Caveats: NONE Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites FHWA Categorical Exclusion Form 143 Mitigation Plan 144 Stanley's Slough /Stanley's 11 Restoration Sites 00 pe ON pe 00 ON PW 00 ON 0W 00 00 00 PW ON 00 ON ON 00 ON ON ON PW 00 rW WE ON WIP rP ON ON ON WE 00 ON ON 0W r/ w! r Categorical Exclusion Form for Ecosystem Enhancement Program Projects Version 1.4 Note: Only Appendix A should to be submitted (along with any supporting documentation) as the environmental document. Project Part 1: General Project Name: Stanley's Slough Stream Restoration Project Count Name: Northampton County, NC EEP Number: 95356 Project Sponsor: KCI Technologies, Inc. Project Contact Name: Tim Morris Project Contact Address: 4609 Six Forks Rd, Suite 220, Raleigh, NC 27609 Project Contact E -mail: tim.morris@kci.com EEP Project Manager: Heather Smith Project Description The Stanley's Slough stream and wetland restoration project will restore 4,248 linear feet of coastal plain stream and 2.8 acres of riparian wetland that have impacted by years of agricultural use. This work will occur on two headwater streams that drain directly to the Meherrin River. For Official Use Only Reviewed By: - Date EEP Project Manager Conditional Approved By: Date For Division Administrator FHWA ❑ Check this box if there are outstanding issues Final Approval By: 'z- Z, ),— ' Date For Division Administrator FHWA SEA' 2 8 2012 NC ECOSYSTEM Version 1 4$ /ti105oGrtA Part 2: All Projects Regulation/Q . Regulation/Question Response Coastal Zone Management Act CZMA 1. Is the project located in a CAMA county? ❑ Yes ® No 2. Does the project involve ground- disturbing activities within a CAMA Area of ❑ Yes Environmental Concern (AEC)? ❑ No ® N/A 3. Has a CAMA permit been secured? ❑ Yes ❑ No ® N/A 4. Has NCDCM agreed that the project is consistent with the NC Coastal Management ❑ Yes Program? ❑ No ® N/A Comprehensive Environmental Response, Compensation and Liabilit Act CERCLA 1. Is this a "full- delivery" project? ® Yes ❑ No 2. Has the zoning /land use of the subject property and adjacent properties ever been ❑ Yes designated as commercial or industrial? ® No ❑ N/A 3. As a result of a limited Phase I Site Assessment, are there known or potential ❑ Yes hazardous waste sites within or adjacent to the project area? ® No ❑ N/A 4. As a result of a Phase I Site Assessment, are there known or potential hazardous ❑ Yes waste sites within or adjacent to the project area? ❑ No ® N/A 5. As a result of a Phase 11 Site Assessment, are there known or potential hazardous ❑ Yes waste sites within the project area? ❑ No ® N/A 6. Is there an approved hazardous mitigation plan? ❑ Yes ❑ No ® N/A National Historic Preservation Act Section 106 1. Are there properties listed on, or eligible for listing on, the National Register of ❑ Yes Historic Places in the project area? ® No 2. Does the project affect such properties and does the SHPO/THPO concur? ❑ Yes ❑ No ® N/A 3. If the effects are adverse, have they been resolved? ❑ Yes ❑ No ® N/A Uniform Relocation Assistance and Real Property Acquisition Policies Act Uniform Act 1. Is this a "full - delivery" project? ® Yes ❑ No 2. Does the project require the acquisition of real estate? ® Yes ❑ No ❑ N/A 3. Was the property acquisition completed prior to the intent to use federal funds? ❑ Yes ® No ❑ N/A 4. Has the owner of the property been informed: ® Yes * prior to making an offer that the agency does not have condemnation authority; and ❑ No * what the fair market value is believed to be? ❑ N/A Version 1.4, 8/18/05 Part 3: Ground-Disturbing Activities Regulation/Q . Regulation/Question Response American Indian Religious Freedom Act AIRFA 1. Is the project located in a county claimed as "territory" by the Eastern Band of ❑ Yes Cherokee Indians? ® No 2. Is the site of religious importance to American Indians? ❑ Yes ❑ No ® N/A 3. Is the project listed on, or eligible for listing on, the National Register of Historic ❑ Yes Places? ❑ No ® N/A 4. Have the effects of the project on this site been considered? ❑ Yes ❑ No ® N/A Antiquities Act AA 1. Is the project located on Federal lands? ❑ Yes ® No 2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects ❑ Yes of antiquity? ❑ No ® N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ® N/A 4. Has a permit been obtained? ❑ Yes ❑ No ® N/A Archaeological Resources Protection Act ARPA 1. Is the project located on federal or Indian lands (reservation)? ❑ Yes ® No 2. Will there be a loss or destruction of archaeological resources? ❑ Yes ❑ No ® N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ® N/A 4. Has a permit been obtained? ❑ Yes ❑ No ® N/A Endangered Species Act ESA 1. Are federal Threatened and Endangered species and /or Designated Critical Habitat ® Yes listed for the county? ❑ No 2. Is Designated Critical Habitat or suitable habitat present for listed species? ❑ Yes ® No ❑ N/A 3. Are T &E species present or is the project being conducted in Designated Critical ❑ Yes Habitat? ® No ❑ N/A 4. Is the project "likely to adversely affect" the specie and /or "likely to adversely modify" ❑ Yes Designated Critical Habitat? ❑ No ® N/A 5. Does the USFWS /NOAA- Fisheries concur in the effects determination? ® Yes (By virtue of no- response) ❑ No ❑ N/A 6. Has the USFWS /NOAA- Fisheries rendered a "jeopardy" determination? ❑ Yes ❑ No ® N/A Version 1.4, 8/18/05 Executive Order 13007 Indian Sacred Sites 1. Is the project located on Federal lands that are within a county claimed as "territory" ❑ Yes by the EBCI? ® No 2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed ❑ Yes project? ❑ No ® N/A 3. Have accommodations been made for access to and ceremonial use of Indian sacred ❑ Yes sites? ❑ No ® N/A Farmland Protection Policy Act FPPA 1. Will real estate be acquired? ® Yes ❑ No 2. Has NRCS determined that the project contains prime, unique, statewide or local ® Yes important farmland? ❑ No ❑ N/A 3. Has the completed Form AD -1006 been submitted to NRCS? ® Yes ❑ No ❑ N/A Fish and Wildlife Coordination Act FWCA 1. Will the project impound, divert, channel deepen, or otherwise control /modify any ® Yes water body? ❑ No 2. Have the USFWS and the NCWRC been consulted? ® Yes ❑ No ❑ N/A Land and Water Conservation Fund Act Section 6 f 1. Will the project require the conversion of such property to a use other than public, ❑ Yes outdoor recreation? ® No 2. Has the NPS approved of the conversion? ❑ Yes ❑ No ® N/A Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat 1. Is the project located in an estuarine system? ❑ Yes ® No 2. Is suitable habitat present for EFH- protected species? ❑ Yes ❑ No ® N/A 3. Is sufficient design information available to make a determination of the effect of the ❑ Yes project on EFH? ❑ No ® N/A 4. Will the project adversely affect EFH? ❑ Yes ❑ No ® N/A 5. Has consultation with NOAH- Fisheries occurred? ❑ Yes ❑ No ® N/A Migratory Bird Treat Act MBTA 1. Does the USFWS have any recommendations with the project relative to the MBTA? ❑ Yes ® No 2. Have the USFWS recommendations been incorporated? ❑ Yes ❑ No ® N/A Wilderness Act 1. Is the project in a Wilderness area? ❑ Yes ® No 2. Has a special use permit and /or easement been obtained from the maintaining ❑ Yes federal agency? ❑ No ® N/A Version 1.4, 8/18/05 Categorical Exclusion Form for Ecosystem Enhancement Program Projects Version 1.4 Note: Only Appendix A should to be submitted (along with any supporting documentation) as the environmental document. Version 1.4, 8/18/05 Part 1: General • • Project Project Name: Stanley's II Stream Restoration Project Count Name: Northampton County, NC EEP Number: 95 Project Sponsor: KCI Technologies, Inc. Project Contact Name: Tim Morris Project Contact Address: 4601 Six Forks Rd, Suite 220, Raleigh, NC 27609 Project Contact E -mail: tim.morris@kci.com EEP Project Manager: Heather Smith Project Description The Stanley's II wetland restoration project will restore 6.5 acres of riparian wetland that have impacted by years of agricultural use. This work will occur on two headwater streams that drain directly to the Meherrin River. For Official Use Only Reviewed By: Date EEP Project Manager Conditional Approved By: Date For Division Administrator FHWA ❑ Check this box if there are outstanding issues Final Approval By: Date For Division Administrator FHWA Version 1.4, 8/18/05 Part 2: All Projects Regulation/Q . Regulation/Question Response Coastal Zone Management Act CZMA 1. Is the project located in a CAMA county? ❑ Yes ® No 2. Does the project involve ground- disturbing activities within a CAMA Area of ❑ Yes Environmental Concern (AEC)? ❑ No ® N/A 3. Has a CAMA permit been secured? ❑ Yes ❑ No ® N/A 4. Has NCDCM agreed that the project is consistent with the NC Coastal Management ❑ Yes Program? ❑ No ® N/A Comprehensive Environmental Response, Compensation and Liabilit Act CERCLA 1. Is this a "full- delivery" project? ® Yes ❑ No 2. Has the zoning /land use of the subject property and adjacent properties ever been ❑ Yes designated as commercial or industrial? ® No ❑ N/A 3. As a result of a limited Phase I Site Assessment, are there known or potential ❑ Yes hazardous waste sites within or adjacent to the project area? ® No ❑ N/A 4. As a result of a Phase I Site Assessment, are there known or potential hazardous ❑ Yes waste sites within or adjacent to the project area? ❑ No ® N/A 5. As a result of a Phase 11 Site Assessment, are there known or potential hazardous ❑ Yes waste sites within the project area? ❑ No ® N/A 6. Is there an approved hazardous mitigation plan? ❑ Yes ❑ No ® N/A National Historic Preservation Act Section 106 1. Are there properties listed on, or eligible for listing on, the National Register of ❑ Yes Historic Places in the project area? ® No 2. Does the project affect such properties and does the SHPO /THPO concur? ❑ Yes ❑ No ® N/A 3. If the effects are adverse, have they been resolved? ❑ Yes ❑ No ® N/A Uniform Relocation Assistance and Real Property Acquisition Policies Act Uniform Act 1. Is this a "full - delivery" project? ® Yes ❑ No 2. Does the project require the acquisition of real estate? ® Yes ❑ No ❑ N/A 3. Was the property acquisition completed prior to the intent to use federal funds? ❑ Yes ® No ❑ N/A 4. Has the owner of the property been informed: ® Yes * prior to making an offer that the agency does not have condemnation authority; and ❑ No * what the fair market value is believed to be? ❑ N/A Version 1.4, 8/18/05 Part 3: Ground-Disturbing Activities Regulation/Q . Regulation/Question Response American Indian Religious Freedom Act AIRFA 1. Is the project located in a county claimed as "territory" by the Eastern Band of ❑ Yes Cherokee Indians? ® No 2. Is the site of religious importance to American Indians? ❑ Yes ❑ No ® N/A 3. Is the project listed on, or eligible for listing on, the National Register of Historic ❑ Yes Places? ❑ No ® N/A 4. Have the effects of the project on this site been considered? ❑ Yes ❑ No ® N/A Antiquities Act AA 1. Is the project located on Federal lands? ❑ Yes ® No 2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects ❑ Yes of antiquity? ❑ No ® N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ® N/A 4. Has a permit been obtained? ❑ Yes ❑ No ® N/A Archaeological Resources Protection Act ARPA 1. Is the project located on federal or Indian lands (reservation)? ❑ Yes ® No 2. Will there be a loss or destruction of archaeological resources? ❑ Yes ❑ No ® N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ® N/A 4. Has a permit been obtained? ❑ Yes ❑ No ® N/A Endangered Species Act ESA 1. Are federal Threatened and Endangered species and /or Designated Critical Habitat ® Yes listed for the county? ❑ No 2. Is Designated Critical Habitat or suitable habitat present for listed species? ❑ Yes ® No ❑ N/A 3. Are T &E species present or is the project being conducted in Designated Critical ❑ Yes Habitat? ® No ❑ N/A 4. Is the project "likely to adversely affect" the specie and /or "likely to adversely modify" ❑ Yes Designated Critical Habitat? ❑ No ® N/A 5. Does the USFWS /NOAA- Fisheries concur in the effects determination? ® Yes (By virtue of no- response) ❑ No ❑ N/A 6. Has the USFWS /NOAA- Fisheries rendered a "jeopardy" determination? ❑ Yes ❑ No ® N/A Version 1.4, 8/18/05 Executive Order 13007 Indian Sacred Sites 1. Is the project located on Federal lands that are within a county claimed as "territory" ❑ Yes by the EBCI? ® No 2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed ❑ Yes project? ❑ No ® N/A 3. Have accommodations been made for access to and ceremonial use of Indian sacred ❑ Yes sites? ❑ No ® N/A Farmland Protection Policy Act FPPA 1. Will real estate be acquired? ® Yes ❑ No 2. Has NRCS determined that the project contains prime, unique, statewide or local ® Yes important farmland? ❑ No ❑ N/A 3. Has the completed Form AD -1006 been submitted to NRCS? ® Yes ❑ No ❑ N/A Fish and Wildlife Coordination Act FWCA 1. Will the project impound, divert, channel deepen, or otherwise control /modify any ® Yes water body? ❑ No 2. Have the USFWS and the NCWRC been consulted? ® Yes ❑ No ❑ N/A Land and Water Conservation Fund Act Section 6 f 1. Will the project require the conversion of such property to a use other than public, ❑ Yes outdoor recreation? ® No 2. Has the NPS approved of the conversion? ❑ Yes ❑ No ® N/A Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat 1. Is the project located in an estuarine system? ❑ Yes ® No 2. Is suitable habitat present for EFH- protected species? ❑ Yes ❑ No ® N/A 3. Is sufficient design information available to make a determination of the effect of the ❑ Yes project on EFH? ❑ No ® N/A 4. Will the project adversely affect EFH? ❑ Yes ❑ No ® N/A 5. Has consultation with NOAH- Fisheries occurred? ❑ Yes ❑ No ® N/A Migratory Bird Treat Act MBTA 1. Does the USFWS have any recommendations with the project relative to the MBTA? ❑ Yes ® No 2. Have the USFWS recommendations been incorporated? ❑ Yes ❑ No ® N/A Wilderness Act 1. Is the project in a Wilderness area? ❑ Yes ® No 2. Has a special use permit and /or easement been obtained from the maintaining ❑ Yes federal agency? ❑ No ® N/A Version 1.4, 8/18/05 Mitigation Plan 154 Stanley's Slough /Stanley's 11 Restoration Sites Mitigation Plan FEMA Floodplain Checklist 153 Stanley's Slough /Stanley's 11 Restoration Sites EEP Floodplain Requirements Checklist This form was developed by the National Flood Insurance program, NC Floodplain Mapping program and Ecosystem Enhancement Program to be filled for all EEP projects. The form is intended to summarize the floodplain requirements during the design phase of the projects. The form should be submitted to the Local Floodplain Administrator with three copies submitted to NFIP (attn. State NFIP Engineer), NC Floodplain Mapping Unit (attn. State NFIP Coordinator) and NC Ecosystem Enhancement Program. Project Location Name of project: Stanley's Slough Stream and Wetland Restoration Site / Stanley's 11 Wetland Restoration Site Name if stream or feature: Backwater of Meherrin River County: Northampton County Name of river basin: Chowan Is project urban or rural? Rural Name of Jurisdictional municipality /county: Northampton County DFIRM panel number for entire site: 4080 Consultant name: KCI Technologies, Inc. Phone number: 919 -783 -9214 Address: 4601 Six Forks Rd. Raleigh, NC 27609 FEMAAFloodplain_Checklist Stanley's Slough (2) Page 1 of 4 Design Information Provide a general description of project (one paragraph). Include project limits on a reference orthophotograph at a scale of 1" = 500 ". Summarize stream reaches or wetland areas according to their restoration priority Reach Length - --- - - - - -- - - - - - -- - Priority Tributary 1 3, 097 eet Headwater Restoration Tributary 2 1, 221 feet Headwater Restoration Wetland Reestablishment (Stanley's Slough) 2.8 acres Reestablishment Wetland Rehabilitation (Stanley's Slough) 0.8 acre Rehabilitation Wetland Reestablishment (Stanley's II) 6.4 acre Reestablishment Wetland Rehabilitation (Stanley's II) 1.1 acre Rehabilitation Floodplain Information Is project located in a Special Flood Hazard Area (SFHA)? r Yes I- No If project is located in a SFHA, check how it was determined: r Redehneation r Detailed Study W Limited Detail Study r Approximate Study F- Don't know List flood zone designation: Check if applies: r AE Zone Floodway r Non - Encroachment t* None T" A Zone d" Local Setbacks Required r No Local Setbacks Required FEMA_Floodplain_Checklist Stanley's Slough (2) Page 2 of 4 If local setbacks are required, list how many feet: Does proposed channel boundary encroach outside floodway /non- encroachment/setbacks? Yes f- No Land Acquisition (Check) r- State owned (fee simple) l-'" Conservation easment (Design Bid Build) 1v Conservation Easement (Full Delivery Project) Note: if the project property is state - owned, then all requirements should be addressed to the Department of Administration, State Construction Office (attn: Herbert Neily, (919) 807 -4101) Is community /county participating in the NFIP program? 0 Yes f- No Note: if community is not participating, then all requirements should be addressed to NFIP (attn: State NFIP Engineer, (919) 715 -8000) Name of Local Floodplain Administrator: William Flynn Phone Number: (252) 534 -1905 Floodplain Requirements This section to be filled by designer /applicant following verification with the LFPA 17 No Action fi No Rise l- Letter of Map Revision F Conditional Letter of Map Revision r- Other Requirements List other requirements: Comments: FEMA Floodplai€ — checklist Stanley's Slough (2) Page 3 of 4 Name: Signature: Title: 13 t r�Q Date: -1-1- FEMA Floodplain_Checklist Stanley's Slough (2) Page 4 of 4 Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites 14.5 Appendix C. Mitigation Work Plan Data and Analyses 159 Mitigation Plan 160 Stanley's Slough /Stanley's 11 Restoration Sites Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites Channel Morphology (Rosgen Analysis) 161 Mitigation Plan 162 Stanley's Slough /Stanley's 11 Restoration Sites 46 45 44 0 43 a� W 42 41 40 Tributary 2 at XS -1 & XS -2 Profile 0 50 Water surface was not surveyed 100 150 200 250 300 Station 350 400 450 500 550 +Thalweg ■ Top of Bank ■ ■ ■ 0 50 Water surface was not surveyed 100 150 200 250 300 Station 350 400 450 500 550 +Thalweg ■ Top of Bank 52 50 48 0 46 a� W 44 42 40 0 Tributary 1 at XS -3 & XS -4 Profile 50 100 150 200 250 300 350 400 450 500 550 600 650 700 750 800 850 Station +Thalweg ■ Top of Bank Water surface was not surveyed 50 49 48 47 46 0 � 45 a� W 44 43 42 41 40 0 Tributary 1 at XS -5 Profile 50 100 150 200 250 300 350 400 Station +Thalweg ■ Top of Bank Water surface was not surveyed Tributary 1 -Relic Channel at XS -6 Profile 50 48 46 ■ • 0 a� W 44 42 40 0 10 20 30 40 50 60 70 Station 80 90 100 110 120 130 s XS 6 Profile ■ Top of Bank — + — Water Surface 50 48 0 46 a� W 44 42 Tributary 1 -Relic Channel at XS -7 Profile 0 10 20 30 40 50 60 70 80 90 100 110 Station sThalweg ■ Top of Bank —Water Surface Stanley's Slough Stream and Wetland Restoration Site Existing Conditions River Basin: Chowan Watershed: Meherrin Watershed XS ID Tributary 2 (XS 1) Drainage Area (sq mi): 0.045 (29 acres) Date: February 2013 Field Crew: French, Helms Station Elevation 0.0 47.28 13.5 46.99 26.9 46.73 39.4 46.40 53.2 45.93 68.2 45.58 82.4 45.15 91.2 45.00 96.4 44.73 97.6 43.66 100.0 43.17 103.7 43.07 108.1 42.91 113.5 42.87 117.2 43.22 119.9 43.71 121.1 44.34 121.4 44.75 121.9 44.78 128.3 44.96 137.0 45.00 149.1 45.19 163.1 45.30 176.5 45.31 189.8 45.53 200.3 45.45 212.5 45.58 SUMMARY DATA Bankfull Elevation: 44.8 Banld'ull Cross - Sectional Area: 38.4 Banl full Width: 25.5 Flood Prone Area Elevation: 46.6 Flood Prone Width: >180 Max Depth at Banld'ull: 1.9 Mean Depth at Banld'ull: 1.5 W / D Ratio: 16.9 Entrenchment Ratio: 7.1 Bank Height Ratio: 1.0 Chowan River Basin, Meherrin Watershed, Tributary 2 (XS 1) 50 48 - - -- 46 0 ti ----------------------- - - - - -- - - - - -- ---------------------------- W 44 - 42 - -- -Flood Prone Area 0 15 30 45 60 75 90 105 120 135 150 165 180 195 210 Station (feet) Stanley's Slough Stream and Wetland Restoration Site Existing Conditions River Basin: Chowan Watershed: Meherrin Watershed XS ID Tributary 2 (XS 2) Drainage Area (sq mi): 0.045 (29 acres) Date: February 2013 Field Crew: French, Helms Station Elevation 0.0 46.78 12.6 46.41 25.1 46.05 38.7 45.89 49.5 45.78 60.3 45.43 71.0 45.42 77.2 45.17 79.3 45.00 79.8 44.81 81.3 43.71 83.7 43.01 86.5 42.69 90.4 43.08 94.5 43.57 97.7 44.66 100.8 45.10 111.6 45.32 123.0 45.68 132.8 45.93 143.0 45.97 156.3 46.08 167.9 46.13 180.0 46.39 192.4 46.46 204.7 46.38 SUMMARY DATA Bankfull Elevation: 44.8 Banld'ull Cross - Sectional Area: 25.7 Banl full Width: 18.9 Flood Prone Area Elevation: 46.9 Flood Prone Width: >200 Max Depth at Banld'ull: 2.1 Mean Depth at Banld'ull: 1.4 W / D Ratio: 13.9 Entrenchment Ratio: 10.6 Bank Height Ratio: 1.1 Chowan River Basin, Meherrin Watershed, Tributary 2 (XS 2) 50 48 0 46 -------------------- - - - - -- - - - - -- ------------------------------------ ti W 44 - - -- Bankfull 42 Flood Prone Area 0 15 30 45 60 75 90 105 120 135 150 165 180 195 Station (feet) Stanley's Slough Stream and Wetland Restoration Site Existing Conditions River Basin: Chowan Watershed: Meherrin Watershed XS ID Tributary 1 (XS 3) Drainage Area (sq mi): 0.131 (84 acres) Date: February 2013 Field Crew: French, Helms Station Elevation 0.0 49.85 13.5 49.86 27.1 49.89 40.7 49.58 51.9 49.50 63.6 49.72 76.8 49.80 84.0 50.07 87.1 49.69 89.2 48.34 90.8 47.59 90.2 47.72 91.8 47.43 93.4 46.99 95.2 47.11 97.4 48.10 100.1 48.32 101.1 49.38 102.9 49.86 109.2 50.16 118.5 50.05 130.4 50.15 143.8 50.03 155.7 50.15 168.1 49.91 178.5 50.13 186.5 49.99 SUMMARY DATA Bankfull Elevation: 48.2 Banld'ull Cross - Sectional Area: 6.0 Bankkfull Width: 8.9 Flood Prone Area Elevation: 49.4 Flood Prone Width: 14.0 Max Depth at Banld'ull: 1.2 Mean Depth at Banld'ull: 0.7 W / D Ratio: 13.2 Entrenchment Ratio: 1.6 Bank Height Ratio: 2.4 Chowan River Basin, Meherrin Watershed, Tributary 1 (XS 3) 53 51 ti W 47 - Bankfull 45 -Flood Prone Area I 0 15 30 45 60 75 90 105 120 135 150 165 180 Station (feet) Stanley's Slough Stream and Wetland Restoration Site Existing Conditions River Basin: Chowan Watershed: Meherrin Watershed XS ID Tributary 1 (XS 4) Drainage Area (sq mi): 0.131 (84 acres) Date: February 2013 Field Crew: French, Helms Station Elevation 0.0 49.04 10.0 48.77 21.6 48.78 33.2 48.79 44.6 48.75 56.0 48.69 68.6 48.27 80.8 48.20 88.2 48.08 90.8 47.51 92.6 46.86 93.6 45.84 95.9 46.16 97.9 45.64 99.2 45.77 100.6 45.77 102.3 46.26 103.3 46.16 104.2 47.58 106.5 48.16 112.5 48.17 120.9 48.09 128.1 48.49 136.1 48.24 144.0 48.23 155.2 48.71 166.0 48.61 177.3 48.46 187.5 48.45 SUMMARY DATA Bankfull Elevation: 46.9 Banld'ull Cross - Sectional Area: 9.7 Bankkfull Width: 11.1 Flood Prone Area Elevation: 48.1 Flood Prone Width: 18.0 Max Depth at Banld'ull: 1.2 Mean Depth at Banld'ull: 0.9 W / D Ratio: 12.7 Entrenchment Ratio: 1.6 Bank Height Ratio: 2.0 Chowan River Basin, Meherrin Watershed, Tributary 1 (XS 4) 55 53 X51 0 49 w_______________________ _ _ _ _ __ - - - -- ____ __ --------- - - - - -- 47 -------------------------- - - - - -- -- -------- - - - - -- - --- Bankfull 45 - -- -Flood Prone Area 0 20 40 60 80 100 120 140 160 180 Station (feet) Stanley's Slough Stream and Wetland Restoration Site Existing Conditions River Basin: Chowan Watershed: Meherrin Watershed XS ID Tributary 1 (XS 5) Drainage Area (sq mi): 0.131 (84 acres) Date: February 2013 Field Crew: French, Helms Station Elevation 0.0 49.74 8.9 49.61 18.8 49.41 26.7 49.41 37.0 49.04 47.0 48.78 56.6 48.63 66.1 48.36 74.7 48.27 82.9 48.20 86.8 47.90 88.7 47.01 90.1 46.13 90.4 45.98 90.7 45.62 92.1 44.95 94.0 44.71 96.4 44.74 98.3 45.19 99.5 46.15 100.8 47.17 102.3 47.58 106.2 48.00 114.4 48.26 123.4 48.40 130.1 48.88 138.5 48.68 145.1 48.80 151.5 49.04 160.3 49.43 171.2 49.72 180.7 49.97 SUMMARY DATA Bankfull Elevation: 46.0 Bankfull Cross - Sectional Area: 8.5 Bankkfull Width: 8.9 Flood Prone Area Elevation: 47.3 Flood Prone Width: 12.0 Max Depth at Bankfull: 1.3 Mean Depth at Bankfull: 1.0 W / D Ratio: 9.3 Entrenchment Ratio: 1.3 Bank Height Ratio: 2.5 Chowan River Basin, Meherrin Watershed, Tributary 1 (XS 5) 54 52 50 0 48 ti-------------------------- W - - - - -- - -- ------------------------------ 46 - - -- Bankfull 44 - -- -Flood Prone Area 0 15 30 45 60 75 90 105 120 135 150 165 180 Station (feet) Stanley's Slough Stream and Wetland Restoration Site Existing Conditions River Basin: Chowan Watershed: Meherrin Watershed XS ID Tributary 1 -Relic Channel (XS 6) Drainage Area (sq mi): 0.131 (84 acres) Date: February 2013 Field Crew: French, Helms Station Elevation 0.0 46.04 10.4 45.80 19.6 45.55 29.8 45.65 40.5 45.65 51.9 45.61 61.3 45.33 69.0 45.51 75.1 45.38 81.0 45.19 84.3 45.60 90.8 45.37 91.2 45.12 92.5 45.01 94.4 45.02 95.5 45.20 96.2 45.45 98.3 45.55 102.3 45.32 106.7 45.38 113.0 45.38 121.6 45.56 133.6 45.90 142.7 152.0 158.8 167.2 U4707 178.9 188.5 SUMMARY DATA Bankfull Elevation: 45.5 Bankfull Cross - Sectional Area: 4.1 Banl full Width: 20.3 Flood Prone Area Elevation: 46.1 Flood Prone Width: 150.0 Max Depth at Bankfull: 0.5 Mean Depth at Bankfull: 0.2 W / D Ratio: 7.4 Entrenchment Ratio: 7.4 Bank Height Ratio: 1.0 48 0 46 a ti W 44 + 0 Chowan River Basin, Meherrin Watershed, Tributary 1 -Relic Channel (XS 6) -- ---- - - - - -- ---- 1------- - - - - -- -------------------------- ----Bankfull -- -Flood Prone Area 15 30 45 60 75 90 105 120 135 150 165 180 Station (feet) Stanley's Slough Stream and Wetland Restoration Site Existing Conditions River Basin: 0.0 4 Chowan 11.6 4 46.38 Watershed: Meherrin Watershed February 2013 .: French, Helms XS ID Tributary 1 -Relic Channel (XS 7) d.5j I r ft: Drainage Area (sq mi): 0.131 (84 acres) • S •� ,. _* Chowan River Basin, Meherrin Watershed, Tributary 1 -Relic Channel (XS 7) 48 47 ------------------------------------------- - - - - -- ----------------- ____ _ _ _ _ __ _ -- ------------------------------ 0 46 ,22 W - - -- Bankfull 45 - -- -Flood Prone Area 0 15 30 45 60 75 90 105 120 135 150 165 180 Station (feet) Station Elevation 0.0 4 46.59 11.6 4 46.38 Date: February 2013 Field Crew: French, Helms Station Elevation 0.0 4 46.59 11.6 4 46.38 SUMMARY DATA Bankfull Elevation: 46.5 Banull Cross - Sectional Area: 4.0 Banlull Width: 14.1 Flood Prone Area Elevation: 47.2 Flood Prone Width: >135 Max Depth at Bankfull: 0.7 Mean Depth at Banull: 0.3 W / D Ratio: 9.6 Entrenchment Ratio: 9.6 Bank Height Ratio: 1.0 Pebble Count Plots Size (mm) Cross - Section 1 D35 Particle Size Distribution Stanley's Slough Stream and Wetland Restoration Site (XS1) Tributary 2 100% Particle Millimeter D65 Count Silt/Clay < 0.062 S/C 100 Very Fine Fine Medium Coarse Very Coarse .062-.125 .125-.25 .25-.50 .50 - 1 1 -2 S A N D S > 80 % Very Fine Fine Fine Medium Medium Coarse Coarse Very Coarse Very Coarse 2 - 4 4-5.7 5.7-8 8 - 11.3 11.3 - 16 16-22.6 22.6-32 32-45 45-64 G R A V E L S E 60% 40% tXS1 _ LL 20% Small Small Large Large 64-90 90-128 128-180 180-256 C O B L 0 °% ° 0.01 0.1 1 10 100 1000 10000 Particle Size - Millimeters Small Small Medium Lrg- Very Lrg 256-362 362-512 512-1024 1024-2048 B L D R Type silt/clay 100% sand 0% gravel 0% Bedrock >2048 BDRK cobble 0% Total 100 boulder 0% Note: bedrock 0% hardpan 0% wood/det 0% artificial 0% Size (mm) D 16 0.62 D35 0.62 D50 0.62 D65 0.62 D84 0.62 D95 0.62 Size Distribution mean 0.1 dispersion 1.0 skewness - Cross - Section 2 Particle Size Distribution Stanley's Slough Stream and Wetland Restoration Site (XS2) Tributary 2 100% Particle Millimeter Count Silt/Clay I < 0.062 S/C 100 Very Fine Fine Medium Coarse Very Coarse .062-.125 .125-.25 .25-.50 .50 - 1 1 -2 S A N D S > Very Fine Fine Fine Medium Medium Coarse Coarse Very Coarse Very Coarse 2 - 4 4-5.7 5.7-8 8 - 11.3 11.3 - 16 16-22.6 22.6-32 32-45 45-64 G R A V E L S 8000 E L) 60% R 40% xs2 _ 20% 0% 0.01 0.1 1 10 100 1000 10000 Particle Size - Millimeters Small Small Large Large 64-90 90-128 128-180 180-256 C O B L Small Small Medium Lrg- Very Lrg 256-362 362-512 512-1024 1024-2048 B L D R Size (mm) Size Distribution D16 0.62 mean 0.1 D35 0.62 dispersion 1.0 D50 0.62 skewness - D65 0.62 D84 0.62 D95 0.62 Type silt/clay 100% sand 0% gravel 0% Bedrock >2048 BDRK cobble 0% Total 100 boulder, 0% Note: bedrock 0% hardpan 0% wood/det 0% artificial 0% Cross - Section 3 100% Particle Size Distribution Stanley's Slough Stream and Wetland Restoration Site (XS3) Tributary 1 Particle Millimeter Count Silt/Clay < 0.062 S/C 96 Very Fine Fine Medium Coarse Very Coarse .062-.125 .125-.25 .25-.50 .50 - 1 1 -2 S A N D S 4 > Very Fine Fine Fine Medium Medium Coarse Coarse Very Coarse Very Coarse 2 - 4 4-5.7 5.7-8 8 - 11.3 11.3 - 16 16-22.6 22.6-32 32-45 45-64 G R A V E L S E 8000 L) 60% R 40% txss _ 20% 0% 0.01 0.1 1 10 100 1000 10000 Particle Size - Millimeters Small Small Large Large 64-90 90-128 128-180 180-256 C O B L Small Small Medium Lrg- Very Lrg 256-362 362-512 512-1024 1024-2048 B L D R D16 D35 D50 D65 D84 D95 Size (mm) 0.62 0.62 0.62 0.62 0.62 0.62 Size Distribution mean 0.1 dispersion 1.0 skewness - Type silt/clay 96% sand 4% gravel 0% Bedrock >2048 BDRK cobble 0% Total 100 boulder 0% Note: bedrock 0% hardpan 0% wood/det 0% artificial 0% Cross - Section 4 100% Particle Size Distribution Stanley's Slough Stream and Wetland Restoration Site (XS4) Tributary 1 Particle Millimeter Count Silt/Clay I < 0.062 S/C 95 Very Fine Fine Medium Coarse Very Coarse .062-.125 .125-.25 .25-.50 .50 - 1 1 -2 S A N D S 5 > gp % Very Fine Fine Fine Medium Medium Coarse Coarse Very Coarse Very Coarse 2 - 4 4-5.7 5.7-8 8 - 11.3 11.3 - 16 16-22.6 22.6-32 32-45 45-64 G R A V E L S E °% U 6o ° R 40% t XS4 _ 20% o °% ° 0.01 0.1 1 10 100 1000 10000 Particle Size - Millimeters Small Small Large Large 64-90 90-128 128-180 180-256 C O B L Small Small Medium Lrg- Very Lrg 256-362 362-512 512-1024 1024-2048 B L D R D16 D35 D50 D65 D84 D95 Size (mm) 0.62 0.62 0.62 0.62 0.62 0.62 Size Distribution mean 0.1 dispersion 1.0 skewness il Type silt/clay 95% sand 5% gravel 0% Bedrock >2048 BDRK cobble 0% Total 100 boulder 0% Note: bedrock 0% hardpan 0% wood/det 0% artificial 0% Cross - Section 5 100% Particle Size Distribution Stanley's Slough Stream and Wetland Restoration Site (XS5) Tributary 1 Particle Millimeter Count Silt/Clay < 0.062 S/C g1 Very Fine Fine Medium Coarse Very Coarse .062-.125 .125-.25 .25-.50 .50 - 1 1 -2 S A N D S 9 > Very Fine Fine Fine Medium Medium Coarse Coarse Very Coarse Very Coarse 2 - 4 4-5.7 5.7-8 8 - 11.3 11.3 - 16 16-22.6 22.6-32 32-45 45-64 G R A V E L S E 8000 L) 60% R 40% t XS5 _ 20% 0% 0.01 0.1 1 10 100 1000 10000 Particle Size - Millimeters Small Small Large Large 64-90 90-128 128-180 180-256 C O B L Small Small Medium Lrg- Very Lrg 256-362 362-512 512-1024 1024-2048 B L D R D16 D35 D50 D65 D84 D95 Size (mm) 0.062 0.062 0.062 0.062 0.062 0.085 Size Distribution mean 0.1 dispersion 1.0 skewness - Type silt/clay 91% sand 9% gravel 0% Bedrock >2048 BDRK cobble 0% Total 100 boulder, 0% Note: bedrock 0% hardpan 0% wood/det 0% artificial 0% Cross Section Photographs Cross Section 1 —T2 2/25/2013 tr y:,.A' .AUii�1EJLLL.ddl.�ffd - — ""!�.:tl?'S:.i'•.:;F Cross Section 2 —T2 2/25/2013 Cross Section 3 —T1 Cross Section 4 —T1 2/25/2013 2/25/2013 Cross Section 5 —T1 Cross Section 6 — Relic Channel 2/25/2013 2/25/2013 Cross Section Photographs Cross Section 7 — Relic Channel T2 looking upstream 2/25/2013 2/22/2013 E, T1 from road looking downstream T1 floodplain 2/22/2013 2/22/2013 Mitigation Plan 182 Stanley's Slough /Stanley's 11 Restoration Sites Mitigation Plan DRAINMOD Model Results 183 Stanley's Slough /Stanley's 11 Restoration Sites Mitigation Plan 184 Stanley's Slough /Stanley's 11 Restoration Sites SII_Tomotley Existing.WET ----------------------------------------------------- DRAINMOD version 6.1 Copyright 1980 -2011 North Carolina State University ----------------------------------------------- - - - - -- Pre - existing Conditions Stanley's II wetland Site - Tomotley 7ackson, NC 314456 station --- - - - - -- -RUN STATISTICS ---- - - - - -- time: 4/29/2013 @ 13:56 input file: C: \DrainMod\ inputs \stanleys_slough_Tomotley_v2.p parameters: free drainage and yields not calculated drain spacing = 6100. cm drain depth = 30.5 cm ------------------------------------------------------------------ - - - - -- DRAINMOD - -- WET PERIOD EVALUATION ...... *** version 6.1 ...... *** Number of periods with water table closer than 30.00 cm for at least 23 days. Counting starts on day 70 and ends on day 324 of each year YEAR Number of Periods Longest Consecutive of 23 days or Period in Days more with WTD < 30.00 cm ------------ - - - - -- --------------- - - - -- 1953 0. 6. 1954 0. 10. 1955 0. 5. 1956 0. 19. 1957 0. 9. 1958 0. 19. 1959 0. 10. 1960 0. 16. 1961 0. 8. 1962 0. 7. 1963 0. 10. 1964 0. 6. 1965 0. 13. 1966 0. 8. 1967 0. 9. 1968 0. 7. 1969 0. 5. 1970 0. 9. 1971 0. 7. 1972 0. 6. 1973 0. 5. 1974 0. 8. 1975 0. 11. 1976 0. 17. 1977 0. 5. 1978 0. 8. 1979 0. 7. 1980 0. 16. 1981 0. 11. Page 1 Page 2 SII_Tomotley Existing.WET 1982 0. 7. 1983 0. 7. 1984 0. 7. 1985 0. 5. 1986 0. 4. 1987 0. 11. 1988 0. 10. 1989 0. 13. 1990 0. 7. 1991 0. 9. 1992 0. 10. 1993 0. 9. 1994 0. 8. 1995 0. 9. 1996 0. 7. 1997 0. 11. 1998 0. 8. 1999 0. 9. 2000 0. 9. 2001 0. 8. 2002 0. 13. 2003 0. 8. 2004 0. 8. 2005 0. 14. 2006 0. 9. 2007 0. 7. 2008 0. 7. 2009 0. 10. 2010 0. 7. 2011 0. 12. 2012 0. 13. Number of Years with at least one period = 0. out of 60 years. Page 2 SII_Tomotley Proposed.WET ----------------------------------------------------- DRAINMOD version 6.1 Copyright 1980 -2011 North Carolina State University ----------------------------------------------- - - - - -- Proposed Conditions Stanley's II wetland Site - Tomotley 7ackson, NC 314456 station --- - - - - -- -RUN STATISTICS ---- - - - - -- time: 4/29/2013 @ 13:58 input file: C: \DrainMod\ inputs \stanleys_slough_Tomotley_v2.p parameters: free drainage and yields not calculated drain spacing = 6100. cm drain depth = 12.3 cm ------------------------------------------------------------------ - - - - -- DRAINMOD - -- WET PERIOD EVALUATION ...... *** version 6.1 ...... *** Number of periods with water table closer than 30.00 cm for at least 23 days. Counting starts on day 70 and ends on day 324 of each year YEAR Number of Periods Longest Consecutive of 23 days or Period in Days more with WTD < 30.00 cm ------------ - - - - -- --------------- - - -- 1953 0. 15. 1954 0. 20. 1955 0. 20. 1956 3. 34. 1957 1. 23. 1958 1. 40. 1959 1. 52. 1960 2. 34. 1961 1. 44. 1962 1. 43. 1963 0. 17. 1964 2. 33. 1965 1. 30. 1966 1. 24. 1967 0. 16. 1968 0. 17. 1969 0. 22. 1970 2. 40. 1971 1. 46. 1972 1. 26. 1973 0. 21. 1974 1. 34. 1975 1. 43. 1976 1. 31. 1977 1. 38. 1978 1. 25. 1979 1. 37. 1980 2. 30. 1981 0. 21. 1982 1. 27. Page 1 Stanleys_II_Tomotley Proposed.WET 1983 1. 44. 1984 1. 51. 1985 0. 16. 1986 0. 22. 1987 0. 18. 1988 1. 29. 1989 3. 44. 1990 0. 22. 1991 0. 17. 1992 1. 32. 1993 1. 51. 1994 1. 31. 1995 0. 15. 1996 2. 40. 1997 0. 20. 1998 0. 19. 1999 3. 33. 2000 0. 19. 2001 1. 30. 2002 2. 40. 2003 2. 24. 2004 2. 36. 2005 1. 40. 2006 1. 45. 2007 1. 27. 2008 0. 16. 2009 2. 75. 2010 1. 26. 2011 2. 33. 2012 2. 43. Number of Years with at least one period = 41. out of Page 2 60 years. SII_Roanoke Existing.WET ----------------------------------------------------- DRAINMOD version 6.1 Copyright 1980 -2011 North Carolina State University ----------------------------------------------- - - - - -- Pre - existing Conditions Stanley's II wetland site - Roanoke 7ackson, NC 314456 station --- - - - - -- -RUN STATISTICS ---- - - - - -- time: 4/29/2013 @ 14: 3 input file: C: \DrainMod\ inputs \stanleys_slough_Roanoke_v2.pr parameters: free drainage and yields not calculated drain spacing = 3700. cm drain depth = 46.0 cm ------------------------------------------------------------------ - - - - -- DRAINMOD - -- WET PERIOD EVALUATION ...... *** version 6.1 ...... *** Number of periods with water table closer than 30.00 cm for at least 23 days. Counting starts on day 70 and ends on day 324 of each year YEAR Number of Periods Longest Consecutive of 23 days or Period in Days more with WTD < 30.00 cm ------------ - - - - -- --------------- - - -- 1953 0. 8. 1954 0. 11. 1955 0. 5. 1956 0. 20. 1957 0. 9. 1958 1. 23. 1959 0. 11. 1960 0. 17. 1961 0. 9. 1962 0. 11. 1963 0. 12. 1964 0. 7. 1965 0. 13. 1966 0. 9. 1967 0. 10. 1968 0. 10. 1969 0. 6. 1970 0. 19. 1971 0. 8. 1972 0. 6. 1973 0. 13. 1974 0. 8. 1975 0. 11. 1976 0. 18. 1977 0. 7. 1978 0. 10. 1979 0. 8. 1980 0. 16. 1981 0. 6. 1982 0. 8. Page 1 Page 2 SII_Roanoke Existing.WET 1983 0. 7. 1984 0. 14. 1985 0. 5. 1986 0. 4. 1987 0. 12. 1988 0. 10. 1989 0. 17. 1990 0. 13. 1991 0. 9. 1992 0. 9. 1993 0. 10. 1994 0. 9. 1995 0. 9. 1996 0. 8. 1997 0. 11. 1998 0. 8. 1999 0. 10. 2000 0. 9. 2001 0. 8. 2002 0. 14. 2003 0. 9. 2004 0. 15. 2005 0. 15. 2006 0. 15. 2007 0. 8. 2008 0. 7. 2009 0. 18. 2010 0. 8. 2011 0. 16. 2012 0. 13. Number of Years with at least one period = 1. out of 60 years. Page 2 SII_Roanoke Proposed.WET ----------------------------------------------------- DRAINMOD version 6.1 Copyright 1980 -2011 North Carolina State University ----------------------------------------------- - - - - -- Proposed Conditions Stanley's II wetland site - Roanoke 7ackson, NC 314456 station --- - - - - -- -RUN STATISTICS ---- - - - - -- time: 4/29/2013 @ 14: 6 input file: C: \DrainMod\ inputs \stanleys_slough_Roanoke_v2.pr parameters: free drainage and yields not calculated drain spacing = 3700. cm drain depth = 15.2 cm ------------------------------------------------------------------ - - - - -- DRAINMOD - -- WET PERIOD EVALUATION ...... *** version 6.1 ...... *** Number of periods with water table closer than 30.00 cm for at least 23 days. Counting starts on day 70 and ends on day 324 of each year YEAR Number of Periods Longest Consecutive of 23 days or Period in Days more with WTD < 30.00 cm ------------ - - - - -- --------------- - - -- 1953 0. 19. 1954 2. 40. 1955 2. 23. 1956 3. 65. 1957 1. 40. 1958 2. 41. 1959 2. 52. 1960 3. 36. 1961 3. 49. 1962 1. 46. 1963 0. 19. 1964 2. 41. 1965 3. 39. 1966 1. 25. 1967 0. 19. 1968 0. 19. 1969 1. 32. 1970 2. 43. 1971 2. 51. 1972 1. 31. 1973 2. 38. 1974 1. 38. 1975 2. 45. 1976 1. 31. 1977 1. 38. 1978 2. 28. 1979 2. 45. 1980 2. 32. 1981 1. 24. 1982 2. 27. Page 1 Stanleys_II_Roanoke Proposed.WET 1983 1. 53. 1984 1. 53. 1985 0. 22. 1986 1. 27. 1987 2. 32. 1988 3. 40. 1989 2. 73. 1990 1. 27. 1991 1. 35. 1992 1. 36. 1993 1. 54. 1994 1. 33. 1995 0. 18. 1996 3. 75. 1997 0. 20. 1998 0. 20. 1999 3. 41. 2000 1. 24. 2001 1. 31. 2002 3. 40. 2003 3. 45. 2004 2. 116. 2005 2. 42. 2006 3. 45. 2007 1. 27. 2008 0. 19. 2009 2. 75. 2010 3. 28. 2011 3. 51. 2012 2. 122. Number of Years with at least one period = 51. out of Page 2 60 years. SSS_Roanoke_woods.WET ----------------------------------------------------- DRAINMOD version 6.1 Copyright 1980 -2011 North Carolina State University ----------------------------------------------- - - - - -- Pre - existing Conditions SSS wetland site - Woods 7ackson, NC 314456 station --- - - - - -- -RUN STATISTICS ---- - - - - -- time: 4/29/2013 @ 14:11 input file: C: \DrainMod\ inputs \Stanleys_Roanoke_woods.prj parameters: free drainage and yields not calculated drain spacing = 2286. cm drain depth = 25.4 cm ------------------------------------------------------------------ - - - - -- DRAINMOD - -- WET PERIOD EVALUATION ...... *** version 6.1 ...... *** Number of periods with water table closer than 30.00 cm for at least 23 days. Counting starts on day 70 and ends on day 324 of each year YEAR Number of Periods Longest Consecutive of 23 days or Period in Days more with WTD < 30.00 cm ------------ - - - - -- --------------- - - -- 1953 0. 13. 1954 0. 21. 1955 0. 15. 1956 2. 34. 1957 0. 21. 1958 1. 39. 1959 1. 52. 1960 2. 26. 1961 0. 21. 1962 1. 42. 1963 0. 17. 1964 1. 26. 1965 1. 29. 1966 1. 23. 1967 0. 15. 1968 0. 15. 1969 0. 20. 1970 2. 30. 1971 0. 22. 1972 0. 12. 1973 0. 20. 1974 1. 33. 1975 1. 29. 1976 1. 31. 1977 1. 26. 1978 1. 24. 1979 1. 37. 1980 2. 26. 1981 0. 15. 1982 1. 27. Page 1 Number of Years with at least one period = 32. out of 60 years. Page 2 SSS_Roanoke_woods.WET 1983 1. 23. 1984 1. 51. 1985 0. 16. 1986 0. 19. 1987 0. 17. 1988 0. 19. 1989 2. 43. 1990 0. 19. 1991 0. 15. 1992 0. 22. 1993 1. 46. 1994 0. 15. 1995 0. 15. 1996 1. 31. 1997 0. 20. 1998 0. 18. 1999 2. 31. 2000 0. 18. 2001 1. 25. 2002 1. 40. 2003 1. 23. 2004 2. 31. 2005 1. 27. 2006 1. 45. 2007 0. 21. 2008 0. 15. 2009 2. 65. 2010 0. 18. 2011 1. 23. 2012 2. 42. Number of Years with at least one period = 32. out of 60 years. Page 2 Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites Soil Delineation and Characterization 195 Mitigation Plan i•. Stanley's Slough /Stanley's 11 Restoration Sites Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites A detailed soils investigation at the NPRS was conducted by a licensed soil scientist (# 187) to determine the extent and distribution of the hydric soils and to classify the predominate soils to the soil series level. The investigation consisted of delineating the hydric soil boundaries with pink flagging and wooden survey stakes in accordance with the US Army Corps of Engineers, Wetland Delineation Manual (1987) and the USDA Field Indicators of Hydric Soils in the United States: A Guide for Identifying and Delineating Hydric Soils, Version 7.0 (2010). Areas that were identified as possible hydric soil mapping units were surveyed at a higher intensity until the edge of the mapping unit was identified. The boundary of the hydric and non - hydric soil mapping units were then followed by continual sampling and observations as the boundary line was identified and delineated. In those areas where the boundary was found to be a broad gradient rather than a distinct break, microtopography, landscape position, soil textural changes, redoximorphic features, and depleted matrices were additionally considered to identify the extent of the hydric soils. In developing a detailed soils map, several soil borings were advanced on the site in the general hydric soil areas identified by landscape position, vegetation and slope. Once the hydric soil borings were identified, the soil scientist marked the points and established a visual line to the next auger boring where again hydric soil conditions were confirmed by additional borings. The soil scientist moved along the edges of the mapping unit and marked each point along the line. To confirm the hydric soil mapping unit and taxonomic classification, soil borings were advanced to a depth of 50 inches. The soil profile descriptions identified the individual horizons in the topsoil and upper subsoil as well as the depth, color, texture, structure, boundary, and evidence of restrictive horizons and redoximorphic features. Delineated hydric soils boundaries were in contrast to those mapped in the Soil Survey of Northampton County, North Carolina. The delineated hydric soil boundaries are shown in the following figure, Detailed Soils Map. Taxonomic Classification The predominant soils identified on the site were of the Wehadkee (Fine - loamy, mixed, active, nonacid, thermic Fluvaquentic Endoaquepts), Altavista (Fine - loamy, mixed, semiactive, thermic Aquic Hapludults), Roanoke (Fine, mixed, semiactive, thermic Typic Endoaquults), and Tomotley (Fine - loamy, mixed, semiactive, thermic Typic Endoaquults) soil series. Other soil series include Tarboro, Winton, and Winton with Pelham inclusions. All of these series except for Altavista and Augusta are listed as hydric soils in Northampton County, North Carolina. They are defined as hydric due to saturation for a significant period during the growing season. This soil is listed as hydric on the federal, state and local lists. They are also listed by the Natural Resources Conservation Service (NRCS) as hydric soils. Profile Description Typical Pedon Descriptions: WEHADKEE SERIES TAXONOMIC CLASS: Fine - loamy, mixed, active, nonacid, thermic Fluvaquentic Endoaquepts TYPICAL PEDON: Wehadkee fine sandy loam -- cultivated (Colors are for moist soil unless otherwise stated.) Ap - -O to 8 inches; grayish brown (10YR 5/2) fine sandy loam; weak medium granular structure; very friable; few flakes of mica; moderately acid; abrupt smooth boundary. (6 to 14 inches thick) 197 Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites Bg1 - -8 to 17 inches; dark gray (10YR 4/1) loam; common medium prominent strong brown (7.5YR 5/6) soft masses of iron accumulation; weak fine and medium subangular blocky structure; friable; few flakes of mica; moderately acid; clear smooth boundary. (8 to 20 inches thick) Bg2 - -17 to 40 inches; gray (10YR 6/1) sandy clay loam; common medium prominent strong brown (7.5YR 5/6) soft masses of iron accumulation; weak medium subangular blocky structure; friable; common flakes of mica; moderately acid; clear smooth boundary. ( 0 to 30 inches thick) Cg - -40 to 50 inches; gray (10YR 6/1) sandy loam; common medium faint grayish brown (10YR 5/2) iron depletions and prominent strong brown (7.5YR 5/6) soft masses of iron accumulation; massive; friable; common flakes of mica; moderately acid. TYPE LOCATION: Catawba County, North Carolina; 1/2 mile south of Witherspoon Crossroads on SR 1801, 3/4 mile east on SR 1807, and 650 feet north of bridge on Hogan Creek. RANGE IN CHARACTERISTICS: Solum thickness ranges from about 20 to more than 60 inches. The content of mica flakes ranges from few to many. The soil ranges from very strongly acid through neutral, but some part of the 10 to 40 inch control section is moderately acid through neutral. Content of rock fragments ranges from 0 to 5 percent by volume in the A and B horizons, and from 0 to 20 percent by volume in the C horizons. Fragments are dominantly pebbles in size. The Ap or A horizon has hue of 10YR or 2.5Y or is neutral, value of 3 to 6, and chroma of 0 to 4. Some pedons have soft masses of iron accumulation in shades of brown or red. Texture is fine sandy loam, very fine sandy loam, loam, silty clay loam, sandy loam, or silt loam. Some pedons have recent layers of overwash as much as 20 inches thick that are loamy and variable in color. Many pedons have an Ab horizon that has the same color and texture range as the A horizon. The Bg horizon has hue of 10YR to 5Y or is neutral, value of 4 to 6, and chroma of 0 to 2. Soft masses of iron accumulation are in shades of red, yellow, and brown. Texture is sandy clay loam, silt loam, loam, clay loam, or silty clay loam. The Cg horizon has hue of 10YR to 5Y or is neutral, value of 4 to 7, and chroma of 0 to 2. Soft masses of iron accumulation are in shades of brown, red, and yellow. Texture is commonly sandy loam, loam, or silt loam, but in some pedons the Cg horizon contains stratified layers of sandy clay loam, clay loam, silty clay loam, loamy sand, sand, and gravel. Sandy textures are restricted to depths below 40 inches. ALTAVISTA SEIRES TAXONOMIC CLASS: Fine - loamy, mixed, semiactive, thermic Aquic Hapludults TYPICAL PEDON: Altavista fine sandy loam -- cultivated. (Colors are for moist soil unless otherwise stated.) Ap - -O to 8 inches; grayish brown (10YR 5/2) fine sandy loam; weak medium granular structure; very friable; many fine roots; moderately acid; abrupt smooth boundary. (5 to 12 inches thick) E--8 to 12 inches; pale brown (10YR 6/3) fine sandy loam; weak fine granular structure; very friable; few fine roots; moderately acid; abrupt smooth boundary. (0 to 12 inches thick) 198 Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites BE - -12 to 15 inches; brownish yellow (10YR 6/6) sandy clay loam; weak fine subangular blocky structure; friable; few medium roots; moderately acid; clear wavy boundary. (0 to 6 inches thick) Bt1 - -15 to 20 inches; yellowish brown (10YR 5/6) clay loam; weak medium subangular blocky structure; friable; common fine prominent yellowish red (5YR 5/8) masses of iron accumulation; few fine roots; few flakes of mica; common faint clay films on faces of peds; moderately acid; clear smooth boundary. Bt2 - -20 to 35 inches; yellowish brown (10YR 5/8) sandy clay loam; weak medium subangular blocky structure; friable; few fine roots; common medium prominent light brownish gray (10YR 6/2) iron depletions; few flakes of mica; common faint clay films on faces of peds; strongly acid; gradual smooth boundary. (Combined thickness of the Bt horizon is 14 to 40 inches.) BC - -35 to 42 inches; brownish yellow (10YR 6/6) sandy loam; weak fine subangular blocky structure; friable; many medium prominent light brownish gray (10YR 6/2) iron depletions; few flakes of mica; strongly acid; gradual smooth boundary. (0 to 25 inches thick) C--42 to 60 inches; mottled yellowish brown (10YR 5/8) and gray (10YR 6/1) coarse sandy loam; massive; very friable; many gravel; few flakes of mica; strongly acid. TYPE LOCATION: Wake County, North Carolina; 12 miles south of Raleigh on Old Stage Road, 1.5 miles southwest of Plymouth Church on farm road; near Middle Creek, 200 yards east of farm road. RANGE IN CHARACTERISTICS: Solum Thickness: 30 to more than 60 inches Depth to Bedrock: Greater than 60 inches Depth to Seasonal High Water Table: 18 to 30 inches, December to April Soil Reaction: Extremely acid to moderately acid except where the surface has been limed Gravel Content: 0 to 5 percent in the A and B horizons and 0 to 35 percent in the C horizon Other Features: Flakes of mica range from none to common in the B and C horizons A or Ap horizon: Color- -hue of 7.5YR, 10YR, or 2.5Y, value of 4 to 6, and chroma of 1 to 4 Texture - -loamy sand, loamy fine sand, fine sandy loam, very fine sandy loam, silt loam, sandy loam, or loam E horizon, (where present): Color- -hue of 10YR to 2.5Y, value of 5 to 7, and chroma of 3 to 8 Texture - -loamy sand, loamy fine sand, fine sandy loam, very fine sandy loam, silt loam, sandy loam, or loam The BE horizon (where present): Color- -hue of 7.5YR, 10YR, or 2.5Y, value of 5 to 7, and chroma of 3 to 8 Texture - -fine sandy loam, sandy loam, loam, or sandy clay loam Bt horizon: Color- -hue of 7.5YR, 10YR, or 2.5Y, value of 5 to 7, and chroma of 3 to 8. Texture -- dominantly loam, clay loam, or sandy clay loam. Subhorizons of the Bt horizon in some pedons are fine sandy loam or sandy loam. Content of silt is less than 30 percent 199 Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites Redoximorphic features -- masses of oxidized iron in shades of brown, yellow, or red and iron depletions in shades of olive or gray (iron depletions occur within the upper 24 inches of the Bt horizon) Btg horizons (where present): Color -- neutral or hue of 10YR or 2.5Y, value of 5 to 7, and chroma of 1 or 2 Texture - -loam, clay loam, or sandy clay loam; subhorizons horizons in some pedons are fine sandy loam or sandy loam; content of silt is less than 30 percent Redoximorphic features -- masses of oxidized iron in shades of brown, yellow, or red and iron depletions in shades of olive or gray (iron depletions occur within the upper 24 inches of the Bt horizon) BC horizon (where present): Color- -hue of 7.5YR, 10YR, or 2.5Y, value of 5 to 7, and chroma of 3 to 8. Texture - -sandy loam, loam, sandy clay loam, fine sandy loam, loamy fine sand, or loamy sand Redoximorphic features -- masses of oxidized iron in shades of brown, yellow, or red and iron depletions in shades of olive or gray C horizon: Color- -hue of 7.5YR to 2.5Y, value of 4 to 7, and chroma of 3 to 8 Texture - -loamy sediment, commonly sandy loam, fine sandy loam, loam, sandy clay loam, or clay loam; some pedons have 2C horizons that are clayey Redoximorphic features -- masses of oxidized iron in shades of brown, yellow, or red and iron depletions in shades of olive or gray Cg horizon (where present): Color -- neutral or hue of 7.5YR to 2.5Y, value of 4 to 7, and chroma of 1 or 2 Texture - -loamy sediment, commonly sandy loam, fine sandy loam, loam, sandy clay loam, or clay loam Redoximorphic features -- masses of oxidized iron in shades of brown, yellow, or red and iron depletions in shades of olive or gray ROANOKE SERIES TAXONOMIC CLASS: Fine, mixed, semiactive, thermic Typic Endoaquults TYPICAL PEDON: Roanoke silt loam - on a 1 percent slope in a pasture. (Colors are for moist soil.) Ap - -O to 7 inches; dark grayish brown (10YR 4/2) silt loam; weak fine granular structure; friable, slightly sticky, slightly plastic; many fine roots; strongly acid; abrupt smooth boundary. (5 to 9 inches thick) Btg1 - -7 to 12 inches; gray (10YR 5/1) silty clay loam; moderate fine subangular blocky structure; friable, slightly sticky, slightly plastic; many fine and medium roots; few faint clay films on faces of peds; few medium prominent yellowish brown (10YR 5/8) irregularly shaped masses of iron accumulation; few fine flakes of mica; very strongly acid; clear smooth boundary. Btg2 - -12 to 20 inches; gray (10YR 5/1) clay; moderate medium and coarse angular blocky structure; firm, moderately sticky, moderately plastic; few medium and large roots; few faint clay films on faces of peds; few medium prominent brownish yellow (10YR 6/8) irregularly shaped masses of iron accumulation; few fine flakes of mica; very strongly acid; gradual smooth boundary. 200 Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites Btg3 - -20 to 40 inches; gray (N 6/0) clay; moderate coarse prismatic structure parting to weak medium subangular blocky; firm, moderately sticky, moderately plastic; few medium and large roots; common medium prominent yellowish brown (10YR 5/4) irregularly shaped masses of iron accumulation; common faint clay films on faces of peds; 2 percent quartz gravel; few fine flakes of mica; very strongly acid; gradual smooth boundary. (Combined thickness of the Btg horizon is 25 to 50 inches.) BCg - -40 to 50 inches; light brownish gray (2.5Y 6/2) silty clay loam with a few pockets of sand; weak fine subangular and angular blocky structure; firm, slightly sticky, slightly plastic; many medium distinct pale yellow (2.5Y 7/4) and many medium prominent yellowish brown (10YR 5/6) irregularly shaped masses of iron accumulation; 2 percent quartz gravel; common fine flakes of mica; very strongly acid; gradual smooth boundary. (0 to 20 inches thick) 2Cg - -50 to 72 inches; gray (5Y 6/1) strata ranging from sand to clay; massive; many gray and green iron depletions and yellow irregularly shaped masses of iron accumulation; some strata contain up to 40 percent quartz gravel; few fine flakes of mica; very strongly acid. TYPE LOCATION: Halifax County, Virginia; 2 miles north of Clover, 100 yards from the Southern Railroad on east side of highway VA -600. RANGE IN CHARACTERISTICS: Solum Thickness: 40 to 60 inches Depth to Bedrock: Greater than 60 inches Depth to Seasonal High Water Table: 0 to 12, November to May Soil Reaction: Extremely acid to strongly acid in the solum unless limed, and extremely acid to slightly acid in the Cg or 2Cg horizon Other Features: Particle -size control section has more than 30 percent silt; flakes of mica range from few to common in most pedons; quartz gravels make up 0 to 10 percent of the solum and 0 to 50 percent of the C horizon A or Ap horizon: Color- -hue of 10YR to 5Y, value of 2 to 6, and chroma of 0 to 2; where value is 2 or 3 it is less than 6 inches thick Texture - -fine sandy loam, loam, silt loam, clay loam, or silty clay loam Eg horizon (if it occurs): Color- -hue of 10YR to 5Y or is neutral, value of 4 to 7, and chroma of 0 to 2 Texture - -fine sandy loam, loam, silt loam, clay loam, or silty clay loam BA or BE horizon (if it occurs): Color- -hue of 10YR to 5Y or is neutral, value of 4 to 7, and chroma of 0 to 2 Texture - -loam, silt loam, clay loam, or silty clay loam Redoximorphic features (if they occur) - -iron masses in shades of brown, yellow, or red and iron depletions in shades of olive or gray Btg horizon: Color- -hue of 10YR to 5Y or is neutral, value of 4 to 7, and chroma of 0 to 2 Texture - -clay loam, silty clay loam, silty clay, or clay. 201 Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites Redoximorphic features - -iron masses in shades of brown, yellow, or red and iron depletions in shades of olive or gray BCg horizon (if it occurs): Color- -has hue of 10YR to 5Y or is neutral, value of 4 to 7, and chroma of 0 to 2 Texture - -clay loam, silty clay loam, sandy clay loam, sandy clay, or clay; some pedons have pockets or strata of coarser textures Redoximorphic features (if they occur) - -iron masses in shades of brown, yellow, or red and iron depletions in shades of olive or gray Cg or 2Cg horizon: Color- -hue of 10YR to 5Y or is neutral, value of 4 to 7, and chroma of 0 to 2 Texture -- commonly stratified ranging from sand to clay in the fine -earth fraction. TOMOTLEY SERIES TAXONOMIC CLASS: Fine - loamy, mixed, semiactive, thermic Typic Endoaquults TYPICAL PEDON: Tomotley fine sandy loam -- cultivated. (Colors are for moist soil.) Ap - -O to 7 inches; dark grayish brown (10YR 4/2) fine sandy loam; weak medium granular structure; very friable; common fine and medium roots; slightly acid; abrupt smooth boundary. (5 to 10 inches thick) Btg1 - -7 to 12 inches; light gray (10YR 7/1) fine sandy loam; weak medium subangular blocky structure; friable; few fine prominent yellowish brown (10YR 5/6) soft masses of iron accumulation; few faint clay films on faces of peds; few fine and medium roots; slightly acid; clear smooth boundary. Btg2 - -12 to 42 inches; light brownish gray (2.5Y 6/2) sandy clay loam; moderate medium subangular blocky structure; friable, slightly sticky, slightly plastic; common medium prominent strong brown (7.5YR 5/8) and yellowish brown (10YR 5/6) soft masses of iron accumulation; few distinct clay films on faces of peds; strongly acid; clear smooth boundary. (Combined thickness of the Btg horizon is 20 to 40 inches.) BCg - -42 to 50 inches; 35 percent light brownish gray (2.5Y 6/2), 35 percent gray (10YR 6/1), and 30 percent yellowish brown (10YR 5/8) sandy loam with pockets of loamy sand; weak fine subangular blocky structure; friable; very strongly acid; clear smooth boundary. (0 to 30 inches) Cg - -50 to 72 inches; gray (10YR 6/1) loamy sand; massive; friable; many medium prominent yellowish brown (10YR 5/6) and strong brown (7.5YR 5/8) soft masses of iron accumulation; very strongly acid. TYPE LOCATION: Chowan County, North Carolina; 0.3 mile southeast of the intersection of N.C. Highway 32 and Bypass U.S. 17; 100 feet east of N.C. Highway 32. RANGE IN CHARACTERISTICS: Solum Thickness: 30 to more than 60 inches Depth to Bedrock: Greater than 60 inches Depth to Seasonal High Water Table: 0 to 12, November to April Soil Reaction: Extremely acid to strongly acid in the A, Eg, BEg, BA, and Btg horizons and extremely acid to moderately acid in the BCg and Cg horizons. 202 Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites Other Features: Few to common fine flakes of mica and fine black minerals are in the lower B and C horizons of some pedons. The content of rounded pebbles range from 0 to 5 percent throughout the solum.. Some pedons have a few concretions of ironstone in one or all horizons. A or Ap horizon: Color- -hue of 10YR to 5Y or is neutral, value of 2 to 4, and chroma of 0 to 2 Texture - -loamy sand, loamy fine sand, sandy loam, fine sandy loam, loam, or silt loam Eg horizon (if it occurs): Color- -hue of 10YR or 2.5Y or is neutral, value of 4 to 8, and chroma of 0 or 2 Texture - -loamy sand, loamy fine sand, sandy loam, fine sandy loam, loam, or silt loam Redoximorphic features (if they occur) - -iron masses in shades of brown, yellow, or red and iron depletions in shades of olive or gray BEg or BA horizon (if it occurs): Color- -hue of 10YR or 2.5Y or is neutral, value of 4 to 7, and chroma of 0 to 2. Texture - -sandy loam, fine sandy loam, loam, or silt loam Redoximorphic features (if they occur) - -iron masses in shades of brown, yellow, or red and iron depletions in shades of olive or gray Btg horizon: Color- -hue of 10YR to 5Y or is neutral, value of 4 to 7, and chroma of 0 to 2. Texture -- commonly sandy clay loam, clay loam, loam, sandy loam, or fine sandy loam; some pedons have thin subhorizons of silt loam or silty clay loam; some pedons are clay or sandy clay below 40 inches Redoximorphic features - -iron masses in shades of brown, yellow, or red and iron depletions in shades of olive or gray BCg or CBg horizon (if it occurs): Color- -hue of 10YR to 5Y or is neutral, value of 4 to 8, and chroma of 0 to 2. Texture - -fine sandy loam, sandy loam, loam, clay loam, sandy clay loam, silt loam, or sandy clay; this horizon commonly has thin strata or pockets of contrasting textures Redoximorphic features - -iron masses in shades of brown, yellow, or red and iron depletions in shades of olive or gray Cg horizon: Color- -hue of 10YR, 2.5Y, 5Y, SBG, 5GY or is neutral, value of 4 to 8, and chroma of 0 to 2 Texture - -is variable, ranging from sand to clay; pockets or strata of contrasting textures are common Redoximorphic features - -iron masses in shades of brown, yellow, or red and iron depletions in shades of olive or gray COMPETING SERIES: Partlow soils - -have angular quartz fragments in the solum, may be underlain by saprolite, and the geographic setting is in the Piedmont Province. 203 Mitigation Plan 204 Stanley's Slough /Stanley's 11 Restoration Sites MMMMMMFIS� mmmnmmrqb� NMUWW-&� wmmmma� mmmmmmmndo� KCI ASSOCIATES OF NORTH CAROMIlk PA SOIL PROFILE DESCRIPTION Client: KCI Associates of North Carolina, P.A. Project: Stanley's Slough Stream and Wetland Restoration Site County: Northampton Location: Margarettsville, NC Soil Series: Roanoke Soil Classification: AWT: 52" Elevation: Vegetation: Hardwc Borings terminated at Date: September 29, 2011 Project #: 20110659P -CH 04 State: NC Site/Lot: Boring # 1 Fine, mixed, semiactive, thermic Typic Endoaquults SHWT: 0 -12" Slope: 0 -1% Aspect: Drainage: Poorly Drained Permeability: Slow to Very Slow 55 Inches COMMENTS: The Roanoke series is a poorly drained soil formed in clayey fluvial sediments on terraces and drainageways of the piedmont and upper and middle coastal plain. The Roanoke soil has slow to very slow runoff and permeability and a seasonally high water table at or near the surface during wet seasons, typically between 0 -12 inches. DESCRIBED BY: DATE: 9/29/2011 KCI ASSOCIATES F SOIL PROFILE DESCRIPTION NORTH CAROMIK PA Client: KCI Associates of North Carolina, P.A. Date: September 29, 2011 Project: Stanley's Slough Stream and Wetland Restoration Site Project #: 20110659P -CH 04 County: Northampton State: NC Location: Margarettsville, NC Site/Lot: Boring # 2 Soil Series: Roanoke Soil Classification: AWT: >60" Elevation: Vegetation: Hardwoods Borings terminated at Fine, mixed, semiactive, thermic Typic Endoaquults SHWT: 0 -12" Slope: 0 -1% Aspect: Drainage: Poorly Drained Permeability: Slow to Very Slow 60 Inches HORIZON DEPTH (IN) MATRIX MOTTLES TEXTURE STRUCTURE CONSISTENCE BOUNDARY NOTES Al 0 -4 l0YR 3/2 l OYR 4/3A f fsl l f r mfr cs I OYR 2/2171 f Eg 4 -8 l OYR 5/2 l OYR 6/2171 f fsl l f r mfr cs BA 8 -15 I OYR 6/2 l OYR 5/4c2d sl 1 fsbk mfr 98 7.5YR 5 /8fl Bt I 15 -26 10YR 6/1 7.5YR 5 /8c2d SO 2msbk mfr gs Btg2 26-46 1 OYR 511 I OYR 5/6m2d sc 2msbk mfl gs BCg 46 -60 1 OYR 6/1 7.5YR 4/6c2d SO 1 csbk mfr COMMENTS: The Roanoke series is a poorly drained soil formed in clayey fluvial sediments on terraces and drainageways of the piedmont and upper and middle coastal plain. The Roanoke soil has slow to very slow runoff and permeability and a seasonally high water table at or near the surface during wet seasons, typically between 0 -12 inches. DESCRIBED BY: DATE: 9/29/2011 �-dh� WOOMM-4h.- mmmm-d� K C T 1 DEPTH (IN) ASSOCIATES OF SOIL PROFILE DESCRIPTION NORTH CAROLIINA, PA STRUCTURE Client: KCI Associates of North Carolina, P.A. Date: September 29, 2011 Project: Stanley's Slough Stream and Wetland Restoration Site Project #: 20110659P -CH 04 County: Northampton State: NC Location: Margarettsville, NC Site /Lot: Boring # 3 Soil Series: Roanoke ]f r Soil Classification: AWT: >60" Elevation: Vegetation: Hardwoods Borings terminated at Fine, mixed, semiactive, thermic Typic Endoaquults SHWT: 0 -12" Slope: 0 -1% Aspect: Drainage: Poorly Drained Permeability: Slow to Very Slow 60 Inches HORIZON DEPTH (IN) MATRIX MOTTLES TEXTURE STRUCTURE CONSISTENCE BOUNDARY NOTES Al 0 -4 10YR 4/2 vfsl -sil ]f r mfr cs BA 4 -8 10YR 5/2 vfsl -sil 1 fsbk mfr es Bt 1 8 -18 10YR 5/2 l OYR 5/6c2d sc 2msbk mfi gs Btg2 18 -25 10YR 5/2 7.5YR 5/8c2d c 2msbk mfi gs Bt F3 25 -36 I OYR 6/1 l OYR 5/6c2d sic -c 2msbk -2csbk mfi gs BCg 36-45 10YR 6/1 10YR 5/6c2d sc I fsbk mfi gs clay skins Cg 45 -60 10YR 6/1 1OYR 7/3171£ sc Iesbk -mass mfi tending to massive COMMENTS: The Roanoke series is a poorly drained soil formed in clayey fluvial sediments on terraces and drainageways of the piedmont and upper and middle coastal plain. The Roanoke soil has slow to very slow runoff and permeability and a seasonally high water table at or near the surface during wet seasons, typically between 0 -12 inches. DESCRIBED BY: DATE: 9/29/2011 K C ASSOCIATES OF SOIL PROFILE DESCRIPTION NORTH CAROLINA, PA Client: KCI Associates of North Carolina, P.A. Date: September 29, 2011 Project: Stanley's Slough Stream and Wetland Restoration Site Project #: 20110659P -CH 04 County: Northampton State: NC Location: Margarettsville, NC Site /Lot: Boring # 4 Soil Series: State Soil Classification: AWT: 56" Elevation: Vegetation: Hardwoods Fine - loamy, mixed, semiactive, thermic Typic Hapludults SHWT: >36" Slope: 2 -3% Aspect: Drainage: Well Drained Permeability: Moderate Borings terminated at 60 Inches COMMENTS: The State series is a well drained soil occuring on stream terraces of the piedmont and upper and middle coastal plain. The State soil has moderate permeability and a seasonally high water table of greater than 36 inches. This State soil is an inclusion within the moderately well drained Altavista soil mapping unit as shown on KCI soil maps. DESCRIBED BY: DATE: 9/29/2011 WMENNMNNW-6� MEMMMW` mmmw-*� mmmmdp� K C T y ASSOCIATES OF SOIL PROFILE DESCRIPTION NORM CAROLL & PA Client: KCI Associates of North Carolina, P.A. Date: September 29, 2011 Project: Stanley's Slough Stream and Wetland Restoration Site Project #: 20110659P -CH 04 County: Northampton State: NC Location: Margarettsville, NC Site/Lot: Boring # 5 Soil Series: Roanoke Soil Classification: Fine, mixed, semiactive, thermic Typic Endoaquults AWT: 22" SHWT: 0 -12" Slope: 0 -1% Aspect: Elevation: Drainage: Poorly Drained Permeability: Slow to Very Slow Vegetation: Hardwoods Borings terminated at 45 Inches COMMENTS: The Roanoke series is a poorly drained soil formed in clayey fluvial sediments on terraces and drainageways of the piedmont and upper and middle coastal plain. The Roanoke soil has slow to very slow runoff and permeability and a seasonally high water table at or near the surface during wet seasons, typically between 0 -12 inches. DESCRIBED BY: DATE: 9/29/2011 Mitigation Plan 210 Stanley's Slough /Stanley's 11 Restoration Sites Mitigation Plan a f, Y Y Stanley's Slough /Stanley's 11 Restoration Sites /Tarboro RoanagW4 !1 i4 Roanoke Altavista r �/ e 0 _ ` RAno�r I Roanoke �,, XeSnoke v :y Augus Won with Pelham inclusions Hydric (21.7 ac - 14.2 ac SSS 1 7.5 ac SII) Nonhydric (2.4 ac - 0.6 ac SSS 1 1.8 ac SII) Existing Wetland r' OZI Drained Hydric Soils e 1 — Existing Ditched Stream Channels ' – – Relic Channel – Existing Ditches Other Streams s A SSS. Soil Borings Augusta % S11 Soil Borings { SSS Proposed Project Boundary (17.6 ac) SII Proposed Project Boundary (9.4 ac) Project Parcels PROJECT SITE DETAILED SOILS MAP Source: hC5laletivide N 200 100 0 200 STANLEY'S SLOUGH !STANLEY'S 11 2010Orthojmagery Feet RESTORATION SITES NORTHAMPTON COUNTY, NC 211 Mitigation Plan 212 Stanley's Slough /Stanley's 11 Restoration Sites Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites Potential Vegetation Plot and Wetland /Stream Gauge Locations 213 Mitigation Plan 214 Stanley's Slough /Stanley's 11 Restoration Sites Mitigation Plan Stanley's Slough /Stanley's 11 Restoration Sites Trib 2 — G 1V 1 0 �J' r o• 01 v;�.r�g'9� O �,<< #�, Trib i . Q SSS Proposed Project Boundary (17.6 ac) 511 Proposed Easement (9.4 ac) ® Utility Easement r • — — Headwater Stream Valley Centerline (41274 If- 3,054 If T1 1 1,2201f T2) Wetland Reestablishment (9.3 ac - 2,8 ac SSS 16.5 ac SII) r Wetland Rehabilitation (1.9 ac - 0.8 ac SSS 1 1.1 ac 51 1) I • Wetland Preservation (0.5 ac SSS) C. Stream Reestablishment (3.5 ac SSS) r • Stream Rehabilitation (8.0 ac SSS) y Upland Inclusion (3.6 ac - 1.8 ac SSS 11.8 ac 511) O • Gauge ~ R C Vegetation Plot POTENTIAL GAUGE AND VEGETATION PLOT LOCATIONS source. NC2010 200 100 0 200 STAN LEY'S SLOUGH I STAN LEY'S IIthoimagery Feet RESTORATION SITES NORTHAMPTON COUNTY, NC 215 Mitigation Plan 216 Stanley's Slough /Stanley's 11 Restoration Sites Mitigation Plan 14.6 Appendix D. Project Plan Sheets 217 Stanley's Slough /Stanley's 11 Restoration Sites Mitigation Plan 218 Stanley's Slough /Stanley's 11 Restoration Sites O O N 0 N 0 U II v J Oil _J ^J ^J WW rw� r�ww _J _J V 0 V 824 PROJECT VIRGINIA LOCATION — — — — — — — — — — /_ NORTH CAROLINA nlri JOHN STna.. _ VICINITY MAP NOT TO SCALE FROM RALEIGH TAKE US-64 EAST TOWARDS ROCKY MOUNT. TAKE 1 -95 NORTH AND FOLLOW FOR APPROX 40 MILES. TAKE EXIT 176 FOR NORTH CAROLINA 46. TURN RIGHT ONTO NC46 AND FOLLOW FOR 3 MILES. TURN LEFT ONTO US -301 N AND QUICKLY MERGE RIGHT ONTO NC 186 EAST. THE SITE WILL BE APPDX 13 MILES DOWN ON THE LEFT, EAST OF BIG JOHNS STORE ROAD AND MARGARETTSVILLE ROAD. INDEX OF SHEETS I TITLE SEIBET 2 GENERAL NOTES 6 PROJECT LEGEND 3 DETAILS 4 - 7 SITE PLAN 8-H CROSS -SECTION SBEETS 12 MITIGATION CLASSIFICATION 13 PLANTING PLAN 14 BOUNDARY MARKING PLAN *' EROSION CONTROL PLAN *' TO RE SUBMITTED WITH FINAL PLANS GRAPHIC SCALES —40 —20 0 40 80 REACH T1 —50 —25 0 50 100 REACH T2 —100-50 0 100 200 MITIGATION, BOUNDARY AND PLANTING PLANS I (0)�� MI :A I I �� 1 �Imuff I�:A "ImI "i'v(�)( I i'� STANLEY'S SLOUGH ISTANLEY'S H RESTORATION SITES CHOWAN WATERSHED 03010204180040 Prepared in the Office of �,I 3TATA EEP PROI2CINUIdBAIt BN�r 3I833T8 °�'° STANLEY'S SLOUGH= A SUBMITTED MATH MITIGATION PI-AN MAY 2013 B REVISED PER II ��E 220 LOANDMl�RK CENTER PI® OIDSI� FORKS °RD., RALEIGH, NC 27609 MMMMIO� ENGINEERS -PLANNERS •ECOLOGISTS GARY M. MRYNCZA, P.E. PROJECT ENGDIEER ALEX FRENCH /TIM MORRIS STREAM /WETTAND DESIGN PROJECT ENGINEER COMMENTS AUG 2013 REVISIONS i i i / i i / i i i i t� P.E. NORTHAMPTON COUNTY NORTH CAROLINA CHOWA11t RIVER BASIN Prepared for: lir _.w_ EkaVe t PRGSRaeA JEFFJUREK coNTRacr ADMIN/sTRATOR 8 95356 ��E 220 LOANDMl�RK CENTER PI® OIDSI� FORKS °RD., RALEIGH, NC 27609 MMMMIO� ENGINEERS -PLANNERS •ECOLOGISTS GARY M. MRYNCZA, P.E. PROJECT ENGDIEER ALEX FRENCH /TIM MORRIS STREAM /WETTAND DESIGN PROJECT ENGINEER COMMENTS AUG 2013 REVISIONS i i i / i i / i i i i t� P.E. NORTHAMPTON COUNTY NORTH CAROLINA CHOWA11t RIVER BASIN Prepared for: lir _.w_ EkaVe t PRGSRaeA JEFFJUREK coNTRacr ADMIN/sTRATOR i i i / i i / i i i i t� P.E. NORTHAMPTON COUNTY NORTH CAROLINA CHOWA11t RIVER BASIN Prepared for: lir _.w_ EkaVe t PRGSRaeA JEFFJUREK coNTRacr ADMIN/sTRATOR D K Y Q Z O Z 0 co Eu a a GENERAL NOTES: CONTROL: Z U BEARING AND DISTANCES: NAME NORTHING EASTING ELEV. w ALL BEARINGS ARE NAD 1983 GRID BEARINGS. KCI #1 1016720.93 2484608.74 57.91 r m ALL DISTANCES AND COORDINATES SHOWN ARE HORIZONTAL (GROUND) VALUES. KCI #3 1019481.32 2485120.13 45.15 y ALL INFORMATION IS BASED ON THE FOLLOWING KCI CONTROL POINTS. KCI#4 1019310.06 2485382.05 45.13 GRADING: KCI #5 1019310.06 2485382.05 45.13 PROPOSED CROSS SECTIONS IN THE PLANS ARE A GENERAL GUIDE FOR GRADING. KCI #6 KCI #7 1019084.72 1019042.88 2485651.46 2485242.23 46.48 46.39 EXACT TIE OUTS FROM THE DITCH TO THE RESTORED WETLAND SHALL BE GRADED KCI #8 1018912.52 2484912.50 46.93 UNDER THE DIRECTION OF THE ENGINEER. KCI #9 1018851.22 2485361.74 45.21 KCI #10 1018757.42 2485093.29 45.52 UTILITY /SUBSURFACE PLANS: KCI #11 KCI #12 1018753.50 1018588.72 2484753.72 2484677.15 45.96 47.00 NO SUBSURFACE PLANS ARE AVAILABLE ON THIS PROJECT. EXISTING UNDERGROUND KCI #13 1018462.81 2484569.90 47.61 UTILITIES HAVE NOT BEEN VERIFIED. THE CONTRACTOR IS RESPONSIBLE FOR KCI #14 1018856.12 2485685.87 50.98 T CONTACTING A UTILITY LOCATOR AND ESTABLISHING THE EXACT LOCATION OF ANY KCI #15 1019391.62 2485748.55 44.27 AND ALL EXISTING UTILITIES IN THE PROJECT REACH. KCI #16 1019474.14 2485792.29 44.58 KCI #17 1016535.09 2484118.26 63.17 KCI #18 1018586.87 2485169.82 50.87 KCI #19 1019249.87 2484417.07 45.99 KCI #21 1016989.95 2484843.11 72.67 KCI #30 1017598.27 2485864.81 67.03 0.4 Z lu" �Q KCI #31 1017838.59 2485845.29 71.83 y N Z KCI #32 1017838.59 2485845.29 71.87 do x Z Z a 0z Z X 3f o W a Z w PROJECT LEGEND: 0 0 - �, Z Proposed Stream Valley Centerline Existing Woods Line w 0 U Z W Minor Contour Line ------------------------------ - - - - -- � N Proposed Braided Channel ------------- - - - - -- Z Z Major Contour Line - -- 720 - - -- j Existing Ditch to be Filled � � o ------------------ - - - - -- J O U c Z Proposed Ditch Plug ----------------------------- - - - - -- w ww Q Proposed Stabilized Drainage Outfall 0 cn o Z DATE MAY 2013 WALE: N.T.S. GENERAL NOTES & PROJECT LEGEND SHEET 2 OF 14 100 FEET+ VALLEY WIDTH PILOT CHANNEL WIDTH e DEPTH CROSS - SECTION PILOT �� �� 4 CHANNEL SECONDARY BRAIDED �\ Y CHANNELS PLAN VIEW A DITCH PLUG EXISTING DITCH �B -- A PLAN VIEW BRAIDED CHANNEL DETAIL SCALE: NTS SECONDARY BRAIDED CHANNELS PER DIRECTION OF THE DESIGNER, CONTRACTOR TO GRADE PILOT CHANNEL IN A RANDOM MANNER, USING THE WIDTH AND DEPTH RANGES STATED ABOVE FOR THE APPROPRIATE REACH. EXACT LOCATION OF PILOT CHANNEL AND CORRESPONDING PILOT CHANNELS TO BE DETERMINED IN FIELD BY DESIGNER. SEE SHEET 8 FOR VALLEY GRADE CROSS - SECTIONS. FINAL GRADE TO BE DETERMINED IN FIELD BY DESIGNER. PILOT CHANNEL FOR REACH T1 TO BE TIED INTO EXISTING CHANNEL AT APPROXIMATELY STATION 28 +25. IF NECESSARY, WOODY DEBRIS TO BE INCORPORATED THROUGHOUT STREAM SYSTEM TO ACT AS WATER DIVERSION AND GRADE CONTROL. EXACT LOCATION AND QUANTITY TO BE DETERMINED BY DESIGNER REPRESENTATIVE IN THE FIELD. DITCH PLUG b r EXISTING GRADE ELEVATION VAR. EXISTING I VAR. DITCH WIDTH SECTION B -B 3' EXISTING GRADE ELEVATION 4:A 4.1 EXISTING DITCH BOTTOM 0 SECTION A -A NOTE: SEE PLAN SHEETS FOR LOCATIONS OF DITCH PLUGS. USE SELECT MATERIAL, CLASS I OR SUITABLE SALVAGED MATERIAL, IF AVAILABLE FOR DITCH PLUGS. DITCH PLUG DETAIL SCALE:NTS ED WETLAND SELECT MATERIAL, CLASS I 5 MIN' 5' MIN �pWETLAND OUTFALL TO RECEIVING WATER CLASS ISTONE PROFILE VIEW NOTE: IF AVAILABLE SUITABLE SALVAGED MATERIAL MAY BE SUBSTITUTED FOR SELECT MATERIAL, CLASS I. STABILIZED DRAINAGE OUTFALL SCALE: NTS TIE BOTTOM OF STRUCTURE INTO EXISTING BANKS/ OUTFALL AT LEAST 0.5' BELOW GRADE a 0 w C m f/1 D O K X 0 fn �I 0 C N u fQ V yo Fil W � Z a 0z X 3f Lu Z o w 0 a 2 W — z W Z W U C/) cl) = Z z j0 z O 0 J O �O z U) C/) o 5. w n J Q Z = H C/) z DATE DETAILS PILOT CHANNEL SIZING REACH T1 REACH T2 WIDTH 2.5 - 4 FT 1.5 - 2.4 FT DEPTH 0.5 - 1.0 FT 0.3 - 0.6 FT PER DIRECTION OF THE DESIGNER, CONTRACTOR TO GRADE PILOT CHANNEL IN A RANDOM MANNER, USING THE WIDTH AND DEPTH RANGES STATED ABOVE FOR THE APPROPRIATE REACH. EXACT LOCATION OF PILOT CHANNEL AND CORRESPONDING PILOT CHANNELS TO BE DETERMINED IN FIELD BY DESIGNER. SEE SHEET 8 FOR VALLEY GRADE CROSS - SECTIONS. FINAL GRADE TO BE DETERMINED IN FIELD BY DESIGNER. PILOT CHANNEL FOR REACH T1 TO BE TIED INTO EXISTING CHANNEL AT APPROXIMATELY STATION 28 +25. IF NECESSARY, WOODY DEBRIS TO BE INCORPORATED THROUGHOUT STREAM SYSTEM TO ACT AS WATER DIVERSION AND GRADE CONTROL. EXACT LOCATION AND QUANTITY TO BE DETERMINED BY DESIGNER REPRESENTATIVE IN THE FIELD. DITCH PLUG b r EXISTING GRADE ELEVATION VAR. EXISTING I VAR. DITCH WIDTH SECTION B -B 3' EXISTING GRADE ELEVATION 4:A 4.1 EXISTING DITCH BOTTOM 0 SECTION A -A NOTE: SEE PLAN SHEETS FOR LOCATIONS OF DITCH PLUGS. USE SELECT MATERIAL, CLASS I OR SUITABLE SALVAGED MATERIAL, IF AVAILABLE FOR DITCH PLUGS. DITCH PLUG DETAIL SCALE:NTS ED WETLAND SELECT MATERIAL, CLASS I 5 MIN' 5' MIN �pWETLAND OUTFALL TO RECEIVING WATER CLASS ISTONE PROFILE VIEW NOTE: IF AVAILABLE SUITABLE SALVAGED MATERIAL MAY BE SUBSTITUTED FOR SELECT MATERIAL, CLASS I. STABILIZED DRAINAGE OUTFALL SCALE: NTS TIE BOTTOM OF STRUCTURE INTO EXISTING BANKS/ OUTFALL AT LEAST 0.5' BELOW GRADE a 0 w C m f/1 D O K X 0 fn �I 0 C N u fQ V yo Fil W � Z a 0z X 3f Lu Z o w 0 a 2 W — z W Z W U C/) cl) = Z z j0 z O 0 J O �O z U) C/) o 5. w n J Q Z = H C/) z DATE DETAILS / / I / / l / I C)j \VA BEGIN / / REACH T7 /' // / / / / / / / / / ADDITIONAL GRADING MAY BE REQUIRED TO DRAINAGE POSITIVE I O / I \ 1 I \ I 1 \ \ \ I \ \ I \ \ I A A I A ( I A A I A A I \ \ I A A 1 \ \ ADDITIONAL GRADING A A MAYBE REQUIRED TO \ \ MAINTAIN 1\ DRAINAGE \ \ O \ INSTALL DITCH PLUG(TYP.) \ \ CONSERVATION EASEMENT - STANLEY'S SLOUGH \ \ 1✓ W T qg--- - - - - -- 1` __ -- 5 0 x 0 N � a O V // N N V A I\ I I PROPOSED / V 1 v v /' - - - - -- CHANNEL / I I I / \ I / I \ I 1 \ I cl ) \ I \V�VA \ \ I II vv vvgip v — ,ate------- - - - - -- INSTALL DITCH PLUG(TYP.) \ \ CONSERVATION EASEMENT - STANLEY'S SLOUGH \ \ 1✓ W T qg--- - - - - -- 1` __ -- 5 0 x 0 N � a O V // N N V A I\ I I PROPOSED / V 1 v v /' - - - - -- CHANNEL cl \V�VA II vv vvgip v — ,ate------- - - - - -- 53 ' ' - GRAPHIC SCALE D O °d 0 0 frn n i- w �I 0 f � uu N W fa V yo - y Q� w w K z a 0z X 3f Lu z o w 0 a w — z J Lu Z W U � H C/) cl) =Z Z ~ O C7 H C) og w O U) f jz O 5. W a LU J Q Z = H fn Z DATE SITE PLAN �ZO -40'-20' 0' 40' 80' GRAPHIC SCALE II II I\ I \ _ 1 p Iv v I I / I I I � / ma/ / I I i r - - - -4 I + i PROPOSED / BRAIDED CHANNEL - - -5e -- NSTALL DITCH \ 1 PLUG LL D - _ - - _ STABILIZE OUTLET WITH CLASS I RGE STONE E M XTURE Gil - - - - - /- - •+ CONSERV PrO N D O K °d 5 a gSVOJG 0 i I w / a I / I N � 0 -47 PROPOSED BRAIDED \ \ \ lillem w fQ o U �z CHANNEL TO BE TIED A \ d Qo - y � � O w z \ INTO EXISTING CHANNEL \ \ \ \ \ w v V I i PROPOSED / BRAIDED CHANNEL - - -5e -- NSTALL DITCH \ 1 PLUG LL D - _ - - _ STABILIZE OUTLET WITH CLASS I RGE STONE E M XTURE Gil - - - - - /- - •+ CONSERV PrO N D O K °d 5 a gSVOJG 0 i I w / a I / I N � 0 -47 PROPOSED BRAIDED \ \ \ -48_ w fQ o U �z CHANNEL TO BE TIED A \ d Qo - y � � O w z \ INTO EXISTING CHANNEL \ \ \ \ \ w v V I q \ I A \ \ I V I I I I \ yG \ 9� oy \ RyT NT NCO � Gc \s y o 0 fn i- w yl 0 !Z — Z Lu Z W U � H co cl) O Z z F D z o9 = W O � c O z fA f j O 5- w D_ W W 2 J Q Z = H cn z DATE SITE PLAN \\ \ w fQ o U �z d Qo - y � � O w z a 0z x= Lu Z o w 0 a w — Z Lu Z W U � H co cl) O Z z F D z o9 = W O � c O z fA f j O 5- w D_ W W 2 J Q Z = H cn z DATE SITE PLAN MATCHLINE - SEE SHEET 7 FOR REACH T2 I� z 0 SF S W Cl D O z °d 0 0 fn i- w �I 0 uu N W fQ V yo w w K z a 0z X 3f z o w 0 a w — Z W Z LU U vJ N o 2 Z Z ~ O D z O� 0 o W w �O z C/) cn ~n o >- w D_ LU J Q Z = H fn z DATE SITE PLAN _45 I \ �o -40' -20' 0' 40' 80' \ \ -4 GRAPHIC SCALE - - - - - - - - // INSTALL 18" \ I I / / CORRUGATED A II METAL PIPE AT \ \ I ROAD CROSSING —44- i 44 -- / —47— / SSL OH — _MENT- TAN N ERVATI N / o / SN / INSTALL 18" CORRUGATED METAL PIPE AT ROAD CROSSING ° ° + , n 46- ° M I END REACH TI N --- -- --- - -M `* — - -�P� //� T ------------------ - - - - -- — _ —_ / ? `._� /� _-- \-- _- 51- ----- - - - - -- / - - -- GO z m z 0 SF S W Cl D O z °d 0 0 fn i- w �I 0 uu N W fQ V yo w w K z a 0z X 3f z o w 0 a w — Z W Z LU U vJ N o 2 Z Z ~ O D z O� 0 o W w �O z C/) cn ~n o >- w D_ LU J Q Z = H fn z DATE SITE PLAN ° O °d Y Q o� 'a f°O Z O fn Eu —50'-25' 0' 50' 100' S a GRAPHIC SCALE 2 O U ° w C m WATER QUALITY BMP: N a A 50' BY 50' WATER QUALITY BMP WILL BE INSTALLED IN THIS AREA TO MAXIMIZE SEEP PRODUCTION AND TREAT AGRICULTURAL RUNOFF PRIOR TO ENTERING THE STREAM. THIS BMP WILL BE CREATED BY UNDERCUTTING APPROXIMATELY 2' OF EXISTING SUBSOIL AND REPLACING THAT MATERIAL WITH A 6" LAYER OF 57 STONE OVER FILTER FABRIC. THE STONE WILL BE COVERED BY V LIFT OF A CERTIFIED COMPOST PRODUCT COVERED BY 6" OF - \ WOOD CHIPS. LOG SILLS WILL BE USED TO LOCK THE BMP IN PLACE. \ EXISTING CULVERT \ _ _ TO REMAIN _ - - _ ` \ - - - - _ - --- q� - - - - -� INSTALL DI)CH \ EMENf- g7ANLEYS SLOUGH - _ / —\ �� - - - - - — PLUG (TYP. CONSERVATION EAS _— __ _ \ / CONSERVATION EASEMENT - INSTALL STABILIZED DRAINAGE OUTFALL \ - - - ate\_ °+ - _ i 95 } - - -a6- - - - \ -46- - - - T -B ANLEYS SLOUGH \ \ \ - CID SERVATON T f N n Lu ~ EAS EY' FNT-STANLEy811L ryry y0 / \ REACH U BEGIN \\ — p �a N o O v \ \ 0 tea/, \ � \ CHANNEL a z I \ S END REACH T2 X 2 Lu n� cs / i W a Z z W 44— = Q cA z O W D! \ \\ \ \ \\ \\ \_ - -45'I I Q W vJ v, O Z Z c� U D Z c/) I.- Z U) \ 0 W 5- d sue LU \ J Q Z z 44— H O cA z 10 \ DATE MAY 2013 WALE: GRAPHIC — / I /' \\ / `\ — SITE PLAN i SHEET 7 OF 14 MATCHLINE - SEE SHEETS 48 FOR REACH TI 14 +00.00 17 +50.00 0 —40'-20' 0' 40' 80' HORIZONTAL SCALE w (1 BLOCK =10') EL 46 EL 44 VERTICAL SCALE (1 BLOCK =1') z 0 13 +50.00 17 +00.00 z '" a a NOTES: z 0 � U c CROSS SECTIONS SHOWN FOR CUT /FILL QUANTITIES ONLY. EXACT GRADING TO BE DETERMINED BY DESIGN REPRESENTATIVE IN FIELD. ALL TOPSOIL TO BE STOCKPILED AND STREA r UNIFORMLY THROUGHOUT HEADWATER R STREAM VALLEY. � w ALL TRANSITIONS FROM HEADWATER STREAM r VALLEY TO ADJACENT UPLANDS TO BE 3:1 OR LOWER. m EL 46 EL 44 a 13 +00.00 16 +50.00 20 +00.00 EL 46 EL 44 EL 44 12 +50.00 16 +00.00 19 +50.00 N w �a _ y 1� z d Q� O w w K x z F 0 �I I a Oz EL 46 EL 45 EL 44 �jJ� {� L X = w N`? III I z �w v 12 +00.00 15 +50.00 19 +00.00 z w Q Z L Of G7 EL 47 EL 45 EL 44 H G7 N 11 +50.00 15 +00.00 18 +50.00 O Z Z = O_ } ~ Z U D 0 O 0 W � c/)O ~ z C/) U) n o LLI D —J Q Z 2 EL 47 EL 45 EL 43 � cn z 11 +00.00 14 +50.00 18 +00.00 onre MAY 2013 WALE: GRAPHIC CROSS SECTIONS (REACH T1) SHEET 8 OF 14 EL 46 EL 46 EL 44 23 +50.00 27 +00.00 0 —40'-20' 0' 40' 80' HORIZONTAL SCALE w (1 BLOCK =10') —4' —2' 0' 4' 8' EL 44 EL 44 VERTICAL SCALE (1 BLOCK =1') z O 23 +00.00 26 +50.00 z '" a a NOTES: z 0 � U c CROSS SECTIONS SHOWN FOR CUT /FILL QUANTITIES ONLY. EXACT GRADING TO BE DETERMINED BY DESIGN REPRESENTATIVE IN FIELD. ALL TOPSOIL TO BE STOCKPILED AND STREA r UNIFORMLY THROUGHOUT HEADWATER R STREAM VALLEY. � w ALL TRANSITIONS FROM HEADWATER STREAM r VALLEY TO ADJACENT UPLANDS TO BE 3:1 OR LOWER. m EL 44 EL 44 f/1 a 22 +50.00 26 +00.00 EL 44 EL 45 22 +00.00 25 +50.00 N w �a y0 _ y Q� w w z K -TT z o: a Oz EL 45 EL 44��� X 3f w 1 i o 21 +50.00 25 +00.00 28 +50.00 z v w Q � Z L Of G7 EL 45 EL 44 EL 46 H N O 21 +00.00 24 +50.00 28 +00.00 Z z = O_ } ~ C9 F Z U = Og W of c/) �O z U) C/) o 5-- LLI o LU LU Q Z 2 EL 44 EL 44 EL 43 f n Z 20 +50.00 24 +00.00 27 +50.00 onre MAY 2013 WALE: GRAPHIC CROSS SECTIONS (REACH T1) SHEET 9 OF 14 EL 44 EL 44 EL 44 53 +00.00 56 +50.00 0 -40'-20' 0' 40' 80' HORIZONTAL SCALE w (1 BLOCK =10') -4' -2' 0' 4' 8' EL 42 EL 42 VERTICAL SCALE (1 BLOCK =1') z 0 52 +50.00 56 +00.00 z 0 a a NOTES: z 0 � U c CROSS SECTIONS SHOWN FOR CUT /FILL QUANTITIES ONLY. EXACT GRADING TO BE DETERMINED BY DESIGN REPRESENTATIVE IN FIELD. ALL TOPSOIL TO BE STOCKPILED AND STREA r UNIFORMLY THROUGHOUT HEADWATER R STREAM VALLEY. � w ALL TRANSITIONS FROM HEADWATER STREAM r VALLEY TO ADJACENT UPLANDS TO BE 3:1 OR LOWER. m EL 41 EL 42 a 52 +00.00 55 +50.00 59 +00.00 EL 42 EL 42 EL 41 51 +50.00 55 +00.00 58 +50.00 N w �a _ y d Q� w w K z x F o: pz EL 42 EL 42 EL 41 �jJ� {� L X = w N`? III I z �w v 51 +00.00 54 +50.00 58 +00.00 z w Q 77— cn Z Lu Of G7 EL 42 EL41 EL 42 H G7 N 50 +50.00 54 +00.00 57 +50.00 O Z Z N = O ~ I- D0g z Q O O 111 G7 I.- z Un G7 0 5- w D_ LU J Q Z 2 EL 42 EL 42 EL 42 � cn z 50 +00.00 53 +50.00 57 +00.00 onre MAY 2013 WALE: GRAPHIC CROSS SECTIONS Er(REACH T2) SHEET 10 OF 14 EL 42 EL 42 EL 42 62 +50.00 0 -40'-20' 0' 40' 80' w HORIZONTAL SCALE (1 BLOCK =10') -4' -2' 0' 4' 8' EL 41 VERTICAL SCALE (1 BLOCK =1') z O 62 +00.00 z 0) a a NOTES: z 0 � U c CROSS SECTIONS SHOWN FOR CUT /FILL QUANTITIES ONLY. EXACT GRADING TO BE DETERMINED BY DESIGN REPRESENTATIVE IN FIELD. ALL TOPSOIL TO BE STOCKPILED AND STREA r UNIFORMLY THROUGHOUT HEADWATER R STREAM VALLEY. � w ALL TRANSITIONS FROM HEADWATER STREAM r VALLEY TO ADJACENT UPLANDS TO BE 3:1 OR LOWER. m EL 41 a � 61+50-00 EL 41 61+00-00 N w �-a y0 _ y Q� w w K z z o: a Oz EL 41 X 3f i Sw v 60 +50.00 z w Q � Z 71 Lu Of G7 z Lu EL 41 G7 N O 60 +00.00 Z Z N = O ~ I- D0gz 7 Q 111 O O G7 I.— z U) G7 0 5- w D —J Q z = ~ EL 41 fn Z 59 +50.00 onre MAY 2013 WALE: GRAPHIC CROSS SECTIONS (REACH T2) SHEET 11 OF 14 EL 41 1 D O K °d Y Q NC GRID RpD '63 - 200' -100' 0' 100' 200' N Z GRAPHIC SCALE "' 5 a a z U O F r o° oo w N 00 I- t O) H p O N n O � O t O N O t o N + # O N O O f � N p° 52 }00 N o � 0 ro N x (YO' S3 }00 S 5A }� z N w Q Sz N y0 O 56+00 - 2 3z +oo z F a Oz LL X3 W 0 0 W W 33}00 z v w 5+00 34+00 Q pppQQQ +00 Z Q Lu J Q Z U Lu 36 }� 59+00 ~ ~ ~ cn N o� Z z o =O } 3� }0° 2y 60+00 (7 � Z y� 0 9 J O o O Z �$ o U) co O 61 +00 } LU n 00 W �' < �9x J = Z Op 62 +00 � Z aox STANLEY'S SLOUGH EASEMENT STANLEY'S 2 EASEMENT DATE MAY 2013 SCAO=: GRAPHIC HEADWATER STREAM VALLEY CENTERLINE MITIGATION CLASSIFICATION SHEET 12 OF 14 WETLAND WETLAND WETLAND STREAM STREAM UPLAND REESTABLISHMENT REHABILITATION PRESERVATION REESTABLISHMENT REHABILITATION INCLUSION (1:1) (2.5:1) (N.C.) (1:1) (1:1) (N.C.) STANLEY'S 2.8 AC./ 0.8 AC./ 0.5 AC./ 3.5 AC./ 8.0 AC./ 1.8 AC./ SLOUGH CREDITS 2.8 CR. 0.3 CR. 0 CR. 1465 L.F./ 1465 CR. 2809 L.F./ 2809 CR. 0 CR. STANLEY'S I I 6.5 AC. / 1.1 AC. / 1.8 AC. / CREDITS 6.5 CR. 0.5 CR. — — — 0 CR. TOTAL 9.3 AC./ 1.9 AC./ 0.5 AC./ 3.5 AC. / 1465 L.F./ 8.0 AC. / 2809 L.F./ 3.6 AC./ CREDITS 9.3 CR. 0.8 CR. 0 CR. 7465 CR. 2809 CR. 0 CR. WETLAND PLANTING PLAN (STANLEY'S II) HEADWATER FOREST COMMUNITY 6.37 AC 18" - 24" BARE ROOT MATERIAL 968 STEMS /ACRE (9' X 5' SPACING), RANDOM SPECIES PLACEMENT COMMON NAME SCIENTIFIC NAME WETLAND INDICATOR % OF TOTAL # OF PLANTS SWAMP CHESTNUT OAK QUERCUS MICHAUXII FACW 20 1,300 GREEN ASH FRAXINUS PENNSYLVANICA FACW 20 1,300 WILLOW OAK QUERCUS PHELLOS FACW 20 1,300 RIVER BIRCH BETULA NIGRA FACW 20 1,300 LAUREL OAK QUERCUS LAURIFOLIA FACW 10 700 SWEETBAY MAGNOLIA VIRGINIANA FACW 5 400 RED MAPLE ACER RUBRUM FAC 5 400 100 6,700 NOTE: THE DISTRIBUTION OF THE STEMS MAY BE CHANGED AT THE DESIGNER'S DISCRETION. HOWEVER, ONE SPECIES MAY OCCUPY NO MORE THAN 25% OF THE TOTAL STEMS AND AT LEAST FIVE SPECIES MUST BE USED. UPLAND PLANTING PLAN (STANLEY'S II) TRANSITIONAL ZONE 1.84 AC 18" - 24" BARE ROOT MATERIAL 968 STEMS /ACRE (9' X 5' SPACING), RANDOM SPECIES PLACEMENT COMMON NAME SCIENTIFIC NAME WETLAND INDICATOR % OF TOTAL # OF PLANTS SOUTHERN RED OAK QUERCUS FALCATA FACU 20 400 GREEN ASH FRAXINUS PENNSYLVANICA FACW 20 400 WILLOW OAK QUERCUS PHELLOS FACW 15 300 TULIP POPLAR LIRIODENDRON TULIPIFERA FACU 15 300 AMERICAN ELM ULMUS AMERICANA FAC 10 200 PIN OAK QUERCUS PALUSTRIS FACW 10 200 PERSIMMON DIOSPYROS VIRGINIANA FAC 5 100 BLACK CHERRY PRUNUS SEROTINA FACU 5 100 100 2,000 NOTE: THE DISTRIBUTION OF THE STEMS MAY BE CHANGED AT THE DESIGNER'S DISCRETION. HOWEVER, ONE SPECIES MAY OCCUPY NO MORE THAN 25% OF THE TOTAL STEMS AND AT LEAST FIVE SPECIES MUST BE USED. NC GRID RpD '63 - 200' -100' 0' 100' 200' GRAPHIC SCALE WOODED AREA STREAM PLANTING PLAN (STANLEY'S SLOUGH) HEADWATER FOREST COMMUNITY 8.74 AC 18" - 24" BARE ROOT MATERIAL 968 STEMS /ACRE (9'X 5' SPACING), RANDOM SPECIES PLACEMENT COMMON NAME SCIENTIFIC NAME WETLAND INDICATOR %OF TOTAL # OF PLANTS SWAMP CHESTNUT OAK QUERCUS MICHAUXII FACW 20 1,700 GREEN ASH FRAXINUS PENNSYLVANICA FACW 20 1,700 WILLOW OAK QUERCUS PHELLOS FACW 15 1,300 BALD CYPRESS TAXODIUM DISTICHUM OBL 15 1,300 RIVER BIRCH BETULA NIGRA FACW 10 900 WATER OAK QUERCUS NIGRA FAC 10 900 SWAMP TUPELO NYSSA BIFLORA OBL 5 500 SWEETBAY MAGNOLIA VIRGINIANA FACW 5 500 NOTE: THE DISTRIBUTION OF THE STEMS MAY BE CHANGED AT THE DESIGNER'S DISCRETION. HOWEVER, ONE SPECIES MAY OCCUPY NO MORE THAN 25% OF THE TOTAL STEMS AND AT LEAST FIVE SPECIES MUST BE USED. 100 8,800 5 z 2 N O i a w t7 � ~ O � U F K cS z O w w a C °w N m S w N D! D O K °d Z O ffn n Iw hl 0 N N � N �y w �- ¢ do _ N � Fil w � z a 0z X 3f Lu z o w z a w Q U) Z W Z W U H H C/) N O Z z 2 D 0 z O� 0 J 0 cn O z U) f j O 5- W a F- LU J Q Z = H c/) z DATE PLANTING PLAN NC GRID RpD '63 - 200' -100' 0' 100' 200' GRAPHIC SCALE x � �xx CONSERVA ON E95EME�_ S SLOUGH x - CO X �NF CONSERV nON EASE iL P9�OZ ATION Eq'SEMEH -STgNL S�SLlUGF{ k \� no N CONSERVATION EASEMENT- STAN LEY'SIJ �( X x X f X X EASEMENT BOUNDARY MARKING THE EASEMENT BOUNDARY WILL BE MARKED WITH METAL POSTS AND CONSERVATION EASEMENT SIGNS AT THE CORNERS AND AT A MINIMUM OF 200' INTERVALS ALONG THE BOUNDARY. O 5/8" REBAR 30" IN LENGTH WITH 3 -1/4" ALUMINUM CAPS ON ALL EASEMENT CORNERS. CAPS SHALL MEET EEP SPECIFICATIONS (BERNSTEN RBD5325 RINTED WITH NC STATE LOGO B9087 OR EOUIVALEN IMP . AFTER INSTALLATION, CAPS SHALL BE STAMPE WITH THE CORRESPONDING NUMBER. • 6 -FOOT TALL DURABLE WITNESS POSTALONG BOUNDARY OF CONSERVATION EASEMENT. POSTS SHALL BE MADE OF MATERIAL THAT WILL LAST A MINIMUM OF 20 YEARS. THE PROVIDER SHALL ATTACH A CONSERVATION EASEMENT SIGN TO EACH WITNESS POSTAND PLACE ADDITIONAL SIGNS AT NO MORE THAN 200 -FOOT INTERVALS ON BOUNDARY LINES. -X- WOVEN WIRE FENCING I- sk ZEN A� A t D ilZ m13 ml m yl y al Z ZN 5 z z 0 c f=/1 X O fN n Iw yl 0 V 0_ H w f/J N � N W fQ p N �z V yo z O W a. z a 0z X 3f Lu z O W z a z W vJ w J z V O J U) w J z DATE w z O 9 O w w z O Q U x O z z z 7 O U z O F- n 2 O z BOUNDARY MARKING PLAN