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HomeMy WebLinkAbout20050949 Ver 3_More Info Received_20150130LAW OFFICES OF F. BRYAN BRICE, QTR. F BRYAN BRICE, JR 127 W HARGETT ST, STE 600 CATHERINE CRALLE JONES RALEIGH, NC 27601 MATTHEW D QUINN TEL 919- 754 -1600 E WARREN KUHN FAx 919 - 5734252 ROBERT R GELBLUM, OF COUNSEL WWW ATTYBRYANBRICE COM January 30, 2015 Jennifer Burdette Via Email Jennifer Burdette @ncdenr gov 401 Coordinator And Hand Delivery NCDWR, 401 & Buffer Permitting Unit 512 North Salisbury Street Raleigh, NC 27604 D � � � � �n r Re Lots 18 and 19 or Partners Equity Group Commercial Subdivision, _— 1 Johnston County, DWQ 92005 -0949 Version 3 Modification JAN 3 0 2015 USACEAction ID No SAW -2007 -04137 401 Water Quality Certification Modification Request DENR - WarFa Dear Ms. Burdette, We are writing to request a slight modification of the above referenced 401 Certification, issued on December 20, 2012, allowing 1.53 (acres) of wetland impacts. This modification requests certification for 1.68 (acres) of impacts (net increase of 0.15 acre). On November 26, 2014, we submitted to USACOE on behalf of Partners Equity Group (PEG) requests for Permit Modification and Time Limit Extension, which was received as a timely request and is currently under review. David Shaeffer of USACOE has indicated that he plans to put the request out for public notice early next week. Impacts This permit modification does not expand the actual scope of impact to the wetland. Throughout the life of this project, the plans were to preserve a 50' strip of the wetlands running along the east side of both lots. In the original permit, this area was estimated to be approximately 1 acre. When the area was formally surveyed for the conservation easement, we found that the preserved area was 0.447 acres rather than approximately 1 acre as previously indicated. As a result of the self - reported correction of the numbers relating to area of the preserved wetlands and total wetlands, the number for the area of impacted wetlands changed from 1.53 acres to 1.68 acres, calculated as follows: °e¢@�e ��' �TotakW&IandgW,y ses e rvlus se tice alebWLp a _nedtlSar u� ° nrvd e � m g,[' ° °Sourc date 10 1- 31 =07a�,x , $yK' c � 00:231 4 r ,4".:x`v7?A ', ° [1 " ti04216e u r Source 'ALTA %AGSM Land Tltio z <r12-514 `�.qe�� "�, >w;�e���` °��,�'��°'� ay � o �• tea. ��' °�t`�= s,� �� �:TotalRimpacted Wetlarid� �e�a �m0:794 °� ��a�PO 889 d$°.'�.�1683?�� January 30, 2015 Page 2 of 2 Compensatory Mitigation Mitigation will be provided as previously approved; however the area to be preserved on -site is adjusted to reflect the corrected calculations. Impacts are to be offset by 0.447 acre of on -site wetland (pine flat) preservation, and 30.925 acres of wetland preservation (headwater and bottomland hardwood forest) at the Rudolph Mitigation Site, located off Brogden Road in Johnston County, located adjacent to Moccasin Creek and within the Neuse River watershed (HUD 03020201). The off -site mitigation is to be protected in perpetuity by a Conservation Easement held by the North Carolina Wildlife Habitat Foundation. Even with this slight change in totals relative to the on -site preservation, the off -site mitigation for this project well exceeds the standard 10:1 mitigation ratios. The off -site preservation of 30.925 acres of high quality wetlands through a conservation easement purchased by PEG, well exceeds the 21.9 acres as would result from a 10:1 ratio. The off -site mitigation represents a 18.4:1 ratio. In addition, the project ensures the long -term preservation of 0.447 wetland acres on -site even though those wetlands are of lower quality and function. The total mitigation ratio for both on- and offsite mitigation (31.372) to total impacts (1.683) is: 18.6:1, resulting in almost 50% more total mitigation than normally required or would have been achieved by the mitigation as required under the original permit. For your reference, please find 5 copies of this letter and the following enclosures: • Compensatory Mitigation Plan, revised 1.2015 (including Site Plans with wetland overlay); • Our firm check in the amount of $240 to cover fees for the modification review. If you have any questions or need additional information, please do not hesitate to contact me. Sincerely, BrnBrice, Jr. Enclosures cc: (via email) David Schaeffer (USACOE) John Shallcross (Partners Equity Group) Bill Misiaveg (Carolina Holdings) T I 6;2to�t�j V3 Partner's Equity Group Lots 18/19 Project Johnston County, North Carolina Permit # SAW -2007- 04137, DWQ #2005 -0949 COMPENSATORY MITIGATION PLAN Prepared for U.S. Army Corps of Engineers Wilmington District Wilmington, North Carolina And North Carolina Department of Environment and Natural Resources Division of Water Quality Mail Service Center 1650 Raleigh, NC 27699 -1650 SOIL SCE\ �4 3. Fie% Ftif� f SIMI e v -w 1236ti %-1FNOR1H C Prepared by Soil, Water, & Environment Group 3216 Byers Drive, Suite B Raleigh, NC 27607 sifrederickAswegry.com Scott J. Frederick, EI, NCLSS November, 2012 i SCOTT J. FREDERICK ! ! CERTIFIED PROFESSIONAL �p SOIL SCIENTIST i �0, —gyp s � r Revised Jamiar\ 28. 2015 Table of Contents Introduction...................................................................................................... ............................... 1 CompensationAreas ....................................................................................... ............................... 1 Figure 1. Mitigation Site Locations ......................................................... ............................... 2 Figure 2. Conservation Easement Maps .................................................. ............................... 2 OnSite Mitigation ..................................... ............................... . ......... ........................ 3 OffSite Mitigation ................................................................................. ............................... 3 Hydrology... .. . ........................................................................................... ............................... 4 Soil s................................ ............................... ..................................... ............................... 4 Vegetation....... ............................... .............................................. ............................... 5 Proposed Actions ............................. 5 ............................................................... ............................... Table I Existing Vegetation on the Proposed Wetland Preservation Areas ......................... 5 Wildlife and Fisheries Habitat Protection ........................................................ ............................... 6 Compensation Mitigation Implementation Sequence ................................... ............................... .6 REFERENCES......................................................................................... ............................... 10 COMPENSATORY MITIGATION PLAN Introduction This document describes compensatory mitigation of wetland impacts associated with the construction and unavoidable impacts to wetlands associated with the development of Lots 18 and 19 of the Partner's Equity Group project located off South Equity Drive and Industrial Park Drive (SR 2398) in Smithfield, Johnston County, NC. Total permanent wetland impacts proposed are 1.683 acres of the total 2.13 acres of wetlands for both lots within USGS HUC 03020201 and the North Carolina Division of Water Quality (DWQ) sub -basin 03- 04 -02. The existing permit (Permit # SAW -2007- 04137, DWQ #2005 -0949) allows for the discharge of approximately 44,443 cubic yards of material for the filling and grading of the lots. Remaining wetlands (0.447 acres) on site will be preserved in connection with a landscape plan as an effort to avoid and minimize impacts. Given this effort and the fact the proposed mitigation is 'but of kind" for a higher value wetland than the wetlands impacted, mitigation for impacts will only provide preservation of wetlands. Wetlands proposed for mitigation are located on site as well as at a site adjacent to the Rudolph Neuse River Buffer and Nutrient Offset Mitigation Bank within the USGS HUC 03020201 and the DWQ sub -basin 03- 04 -02. The off site mitigation is located off of Brogden road (SR 1007) in Johnston County and within the watershed tributary to Moccasin Creek and the Neuse River. (Figures 1 & 2). Compensation Areas Compensation will consist of on -site wetland preservation of Pine Flat wetlands and Headwater and Bottomland Hardwood Forest Wetlands (NCWAM) off site approximately 12.4 miles from the impact site. Total preservation area proposed is 31.372 acres and includes preservation at 2 locations. The location of the proposed sites is shown in Figures 1 and 2 (Mitigation Site Locations). The following is a description of each area proposed for mitigation: On -Site Wetland Preservation (Pine Flat) — 0.447 acre Off -Site Wetland Preservation (Headwater and Bottomland Hardwood Forest) — 30.925 acres Total Preservation Area — 31.372 acres N N 7 O V y O v1 a c� a� w +r o cn o o o � U rl N G� 61 Lr J.r bA bA t 11 1-' Z Off+ �• , �\„ - � , ti • • ISO��.' All f • Z �• �` a Cf fK 11101111: A. s t �l)FI AHIMM \fll It Al Ml l l 11111 4IIFFT,N2�l �OII ��fINnl It \ \IIJN �}I(�Il! JOHNSTII\ Ill11NIY Ni]IYltl C.OIINA - "FET\d ] OF Ih (- 6ulleos abed ou yllM laays aZls ul1 IXS'Q E uo adeosp ul polulld uogm oluinooe Aluo sl aleos ayl) ' Z LOZ '6Z Jegolop 81eQ _ v Taal EOZ = 4oul 1 aleog •ajay paluesaidaj uoilewjolul ayl jol ApIpsuodsaa le6el ou sownsse Alunoo uolsuyor ... 83161IdlOSIG ... GENERAL NOTES 1) The esuamd flags located herson,sers post processed to sub -meter accuracy NAD 84 using a TAmble Gato7(T The e.U-d flops we Ned to Raleigh DOT CORS 2) A9 dwt-- are hor—tal ground. 3) M wedad area computed using caodbnate method from measured field data and boundary Prod4e6 4) The Boundary Survey, all easements and other matters of record other than than wetland flag location, shoe. hereon was reference Johnston County P8 50 pope 420 S) WWarnds delinealica perfanned by Scott J. Fredrick E< NCLSS, ca 10 -0.06, of ihs Soil, Water & Envbamental Group (SWE) Ral.19% NC 6) The Well..- Defection Exhibit shoe. hereon Is NOT FOR RECORDATION incept far JD purposes 7) %U-d fop locations ere to be considered preliminary until CORPS JD sign off 1 Brian E Justice, certify that this project was completed under my 6..t rsspon.bl charge from an actual around _M made under my superNdera that the original data estlm4 data eas obtained an 10 -3-07 and Unol all coordinates, we based on NC Orki NAG 113 (2007) post processed using CORS Rdo%h DOT, NC. Brian E Justtm NCPLS L -4636 Data This crtif" Owl this copy of this plat IdanUfles as wetlands a0 areas of eetonds regulated pursuant to Section 40s of the a— Water Aa a detmnlned by the underdg -d - this data Unless there is a diange In the low or our published regdatlan., this determination of Section 404 )niadiction may be led upon for a period not to exceed eve tsars from Nis data Thb determination wa mode utilizing the 1987 Corps of Engineers Welland Dete bwtlon Manual Regulatory Oftlekd USAGE Action ID This document originally issued and sedad by Brian E Autkx, NCPLS L -4638. an This electronic media s1na0 not be conddered a carBfled document � Water & Environment Group arch Building I, Centennial Campus Capability Drive, Suite 312 Raleigh, !.7604 I I r mac, I I r I I � I �G I I I I m v I � I I I I I I I � I �m I � C i -0 '< I C: Co Ise v r� '00'0 " R— 0 L 9 27 T -25 00 — ,,,, CH= N47'34'35 "W 00 EIS EIS 17 NOW OR FORMERLY SOUTH EQUITY DRIVE PLAZA PROPERTY OWNERS' ASSOCIATION D 8 2952, PG 355 P B 50, PG 420 PIN 2604 -10 -8296 NOW C TNERS_ DB 1 P S- PIN F2 i 01 EP _ — — ERLY TY GROU 911 420 V I I io II NOW OR FORME Y I I NOW OR FORMERLY GR P I I JOHN R DUPREE & DAVID W DUPREE D B 1741, PG 872 P B 50, 420 I i P B 50, PG 420 IN 2603' —39 I I PIN 2603 -29 -0880 9 I I I II ' TLAN LOT 1 I I 48,924 1 112 c II i I WETLAND DELINAETION SURVEY FOR. PARTNERS EQUITY GROUP — d — I LNG WETLANDS LOTS 18 & 19 BOUNDARY (TYP) OWNER PARTNERS EQUITY GOUP C � REF PB 50 PC 420 g c^ SMITHFIELD TOWNSHIP 6 JOHNSTON COUNTY COUNTY, NORTH CAROLINA ICO ROL CORNER EP 30 15 0 30 60 k {' EIS — - -" SCALE 1 " =30' BC BC DATE 10 -24 -07 pI EP REVISED 10 -31 -07 4 III III 12 � III NOW OR FORMERLY '°Q' ITE Ill MARKET STREET INVESTMENTS EP D B 9, PG 485 5 P 0 0263 PIN 4 RVICINITY I'—EIS MAP 1— - -_ - - - -_ - Il I l 11 I I NOW OR FORMERLY I I PARTNERS EQUITY GROUP D B 1295, PG 911 I l P B 50, PG 420 50' i I' l PIN 2604 -20 -0065 >M I I CA 0 Ii z� I l I I I D D l 10' DRAINAGE & UTILITY EASEMENT z I l TYPICAL — ALL INTERIOR LOT LINES N I I (P B 50, PG 420) II 50' l ll Il I I V I I io II NOW OR FORME Y I I NOW OR FORMERLY GR P I I JOHN R DUPREE & DAVID W DUPREE D B 1741, PG 872 P B 50, 420 I i P B 50, PG 420 IN 2603' —39 I I PIN 2603 -29 -0880 9 I I I II ' TLAN LOT 1 I I 48,924 1 112 c II i I WETLAND DELINAETION SURVEY FOR. PARTNERS EQUITY GROUP — d — I LNG WETLANDS LOTS 18 & 19 BOUNDARY (TYP) OWNER PARTNERS EQUITY GOUP C � REF PB 50 PC 420 g c^ SMITHFIELD TOWNSHIP 6 JOHNSTON COUNTY COUNTY, NORTH CAROLINA ICO ROL CORNER EP 30 15 0 30 60 k {' EIS — - -" SCALE 1 " =30' BC BC DATE 10 -24 -07 pI EP REVISED 10 -31 -07 � i lJ w u w C m a' U U 2 � x � 0 0 3 Q 0 � I I I I I I I Z I I I I I �,I_ �` - - -_ ___ - - -- I - - - - -- _ - - - -- _ -- \. . l of . \• / \ //i /\ \\ \ \� // I I 0�•���a0 I // / 70.0' OAAO ACE T / I � il1:�l I I bd all I SOUTH EQUITY DRIVE } (50• PLELIC RMn o n N U O � II Z o� S� a€ a 'd=s �Cd El bum REP m� 5" V m� o � � s €] g €-Wd 38 Lai �i FIR Eo 3g� 2� sw � o °a?i a �0. ill I II I II� III iw III I III I III II I� \ I II I I I I I III III M IQ N I(I I L11 � III I IYg III I LU II Z\4 II, I _ I I I I UF Ijl� WI I �I 111 011 111 I I III I t 1!1, I r s, I 1 ,I 0 2 1 I t �l l l e a II �jN il= O 0.>>> C�O.ZZZ �l r' 1 _ K UW��N Z Q J a N Cl) U z z_ N z N Q O J U 0 W _W � L.L � m N z Q J F- W G Q n m w n N m m O b O °x N � o YN4 ca � —O m , U M � t N o °r' j t N p.YN �•- CN lJ �R C m b a c $ N U o �n ' C 6 6 o w E Q � a n Z Q J a N Cl) U z z_ N z N Q O J U 0 W _W � L.L � m N z Q J F- W G Q n m w n N m m O b O °x N � o YN4 ca � —O m , U M � t N o °r' j t N p.YN �•- CN a ----------------------------- ------- - - - - -- g --- - - - - -- �ooi asur - as rr3aooxea� i �s lHil' #4zN'si 'iIiN ai v 85881 B >:8 "88a °^ FE -dE P# R S 8a'8 d�yE I I Ar `- E6a��cba�a "an' ea t�iE I -R 8 �a� to �al N N PTI HI M HIM P s Aaacx s A r 000I z vn � i�/ is \ � _ � i� 3r+nrauvn ague 6fJ (�A � �• / /gym) t j �s 3 °� r °� i �A S�BS�S� a UUU � gI i R� g v in, 11 3Nf4gLY11 3mnH3iym eta k iT ®RA 1yc1.0.4 aAaa HIM � � (i t � ie I �� I �` � /c,'k"` gym, /• � -# —, aawiecxesi�PPs:Fza��§�- p�� I � Ratl }6k }k��$��ttf�6L�i��ayYC 000 cl (AlN/100 3NAYM) 1 , s ea �p (U NOISN3S 3/JINN✓3 v 73315 SO q T 77777777771 $� p LBg8i18�YC ;8`. i'L 5{c �Y.ktk_bYY�Y� "� ;b::..S'�ti o88EYBYEB °_8� Litt }L4L��4.�� }��b�YY }YS:�.Y}b� �. a 8Gh L88^ SSoeS YSY$ S�L k�(�8;�.Y_LY S� 8 Y -Sg :8,y SS:LYE= Aw Now, On Site Mitigation Area (0 447 ac) HUC 03020201 Ecoregion Southeastern floodplains and low terraces Wetland Type ( NCWAM) Pine Flat Vegetation Early succession hardwood regeneration Soils Rains sandy loam Watershed Tributary to Polecat Branch and Neuse River The proposed on site mitigation area contains approximately 0 447 acres of disturbed Pine Flat wetlands located adjacent to existing development and connected to the development's storm water system Historically, the wetland served as a headwater flat area for water draining to Polecat Creek and eventually to the Neuse River With the construction of I -95 and surrounding development, this wetland area is now cut off from the historic hydrology drainage regime Off Site Mitigation Area (30 925 ac) HUC 03020201 Ecoregion Southeastern floodplams and low terraces Wetland Type ( NCWAM) Headwater Wetland and Bottomland Hardwood Forest Vegetation Mature and mid succession regenerating hardwoods /mixed pine /cypress, gum Soils Wehadkee - Chastain loam association (frequently flooded), Augusta sandy loam (occasionally flooded), Tomotley sandy loam (rarely flooded) Watershed Tributary to Moccasin Creek and Neuse River The proposed mitigation site contains approximately 31 acres of a mixture of Headwater Wetland and Bottomland Hardwood Forest wetlands and uplands Water draining from the site courses through existing channelized ditches flowing toward Moccasin Creek and eventually flows to the Neuse River The site is directly abutting an existing Neuse River Buffer and Nutrient Offset mitigation site The proposed mitigation area will form a connection between the existing mitigation site and Moccasin Swamp The proposed mitigation site consists of a variety of community types as approximated by Schafale and Weakley (1990) within palustrine systems including, river floodplain (cypress -gum swamp, blackwater subtype), river floodplain (Coastal Plain bottomland hardwoods, blackwater subtype), and river floodplam (Coastal Plain small stream swamp, blackwater subtype) Ecotonal changes range from very wet to moderately drained with sharp contrasts of vegetation diversity and density, as well as soil type NCWAM describes these types of wetlands at the Preservation Site as both headwater and bottomland hardwood forest wetlands Wetlands are classified by Cowardin et al. (1979) as palustrine, forested, deciduous, seasonally flooded wetlands on first and second level bottomlands within the floodplain. Johnston County is a diverse geographic County with areas located in the Middle and Upper Coastal Plain as well as Southern Piedmont Elevations range from 75 feet to over 370 feet above sea level. Soils are equally - diverse forming from residues of crystalline bedrock in the Piedmont areas to sediments deposited several million years ago by the ocean and streams in the Coastal Plain areas. Deposits along the Neuse River have occurred much more recently and are not as weathered as those found in the Coastal Plain (USDA, Johnston County, 1994). Hydrology Most of the county is in the Neuse River Basin with most of the county being well drained. Areas around Smithfield, the Neuse River valley, and contributing tributaries are poorly drained. The Neuse River bottom is quite flat and little relief. Tributaries in the western pars of the county are somewhat narrow and relief in the adjoining stream valleys varies from 40 feet to more than 150 feet. The proposed wetland preservation site hydrology has been modified in the past as a result of silviculture and farming. Future restoration work will restore the historic stream hydrology to the site and adjacent wetlands proposed for preservation. Flooded open water areas also exist on the site and contain jurisdictional wetlands, connecting with existing drainage networks and eventually other flooded areas adjacent to the Moccasin Creek bottomland hardwood wetland complex. Flooding of the wetlands is caused by overbank flooding from Moccasin Creek as well as by beaver activity. Hydrology at the on site preservation area is controlled by surface runoff from parking lots and precipitation. Water flows from the remaining wetlands through a series of channels designed to provide stormwater storage and treatment for nutrients and other constituents leaving the site before entering waters draining to Polecat Creek and eventually into the Neuse River. Soils A series of 3 5 in. hand auger borings were done across the site to depths ranging from 12 - 24 in as part of the initial wetland delineation of the site according to the Field Guide for Wetland Delineation, 1987 Corps of Engineers Manual. These borings were done to characterize the depth of each of the horizons, the color of the soil material at each of the various depths, the texture, structure, and consistence of the soil material within each of the horizons. These augerings were also done to verify the boundaries of mapping units indicated in the USDA soil survey for Johnston County (USDA, 1994). The hand auger borings confirmed that some of the soils mapped on the site according to NRCS (USDA) are present. Soils on the onsite mitigation area are hydric and are most similar to Rains sandy loam series soil (USDA — Johnston County, 1994). These soils are very deep, poorly drained, and located in broad interstream areas on the Coastal Plain. 4 Wetland areas within the offsite preservation area are hydric with some areas of better drained soils extending away from Moccasin Swamp. Soils consist of Wehadkee- Chastain loam association (frequently flooded), Augusta sandy loam (occasionally flooded), and Tomotley sandy loam (rarely flooded) along existing channelized drainage networks (USDA — Johnston County, 1994). Vegetation Vegetation on the onsite mitigation area has been cleared with the exception of one maturing red maple (Acer rubrum) (20+ ft), and three willow oak (Quercus phellos) trees (30 -50 ft). Regenerating vegetation consists of a mixture of giant cane (Arundinaria gegantea), red maple, sweetbay (Magnolia verginiana), swamp blackgum (Nyssa sylvatica var. Mora), sweetgum (Liquidambar styraciva), water oak (Quercus nigra), willow oak, red bay (Persea borbonia) , titi (Cyrilla racem flora), sweet pepperbush (Clethra aln folia), Juncus sp., Smilax sp., and Andropogon sp., black willow (Salix nigra), and Sphagnum spp moss. Vegetation will be maintained according to an approved management plan reviewed by USACE and DWQ. Vegetation on the proposed off site mitigation area has been cut in some areas and left to mature in the wettest areas near Moccasin Swamp resulting in a diverse forest, forest age classes, and habitats. Vegetation on better drained soils and along drainage ways contain green ash (Fraxinus pennsylvanica), water oak, willow oak, red maple, sweetgum, swamp blackgum, smilax, giant cane, sweet bay, red bay, swamp chestnut oak (Quercus michauxii), loblolly pine (Pinus taeda), and American holly (Ilex opaca). The vast majority of the site contains jurisdictional wetlands. The wettest areas, or depressions contain regenerating swamp blackgum and bald cypress and have not matured as fast as surrounding swamp chestnut, water, and willow oak stands. Depressions also contain red maple, ti ti, sweetgum, cinnamon fern (Osmunda cinamomea), chain fern (Woodwardia areolata), royal fern (Osmunda regales), and lizards tail (Saururus cernuus). Proposed Actions Wetland Preservation Approximately 30 925 acres of wetlands tributary to Moccasin Creek and approximately 0.447 acres of wetlands adjacent to the development will be placed in permanent protection through this mitigation plan. The following is a listing of existing species on the proposed mitigation sites found in Table 1: Table 1: Existing Vegetation on the Proposed Wetland Preservation Areas On Site Wetland Preservation Area Off Site Wetland Preservation Area Arundinaria gigantea Pmus taeda 5 Magnolia virginiana Liquidambar styrac flua N ssa s lvatica var. bi ora Quercus michauxaa Quercus nigra Quercus nigra Ilex glabra Quercus phellos Li uidambar styraciflua Ilex o aca Persea borbonaa Osmunda cinamomea Cyrdla racemiora Woodwardia areolata Clethra alnifolia Persea borbonaa Juncus sp. Magnolia var iniana Smilax sp. Taxodium distichum var. distichum Andro 0 on sp. Osmunda re alas Salix nigra N ssa sylvataca var. bi ora Sphagnum s Saururus cernuus Fraxinus enns lvanica Acer rubrum Overall, the offsite mitigation area is functioning well as a complex of Headwater Wetland and Bottomland Hardwood Forest jurisdictional wetlands. Most of the property is frequently flooded, mature, bottomland hardwood forest wetlands with minor areas of better and more poorly drained soils. The site supports diverse wildlife habitats, connects a large area of existing wetlands as well as mitigation property, and will maintain existing jurisdictional wetland functions if preserved in perpetuity. Wildlife and Fisheries Habitat Protection The proposed preservation areas within the mitigation site are important for wildlife habitat and providing water quality benefits for fisheries. Protecting this corridor adjacent to the Rudolph Mitigation Bank and Bottomland Hardwood Forest wetlands along Moccasin Creek is an important step to maintaining and improving water quality, providing flood protection, and improving downstream water quality. Compensation Mitigation Implementation Sequence The following compensatory mitigation activities will be undertaken prior to construction of the proposed project 1. Survey Mitigation Areas 2. Recordation of the Conservation Easement— Off -Site Mitigation 3. Recordation of the Declaration of Restrictive Covenants — On -Site Mitigation 4. Implement Conservation Easement and Restrictive Covenants Off -Site: Site Protection Instrument The proposed off -site Preservation Site will be protected by a Conservation Easement in perpetuity to be held by the North Carolina Wildlife Habitat Foundation. The Site currently contains approximately 30.925 acres of headwater and bottomland hardwood forest jurisdictional wetlands. This preservation area is within a 48 3 -acre property area that contains stream features and some wetland area that will be proposed to be further enhanced /restored /placed in conservation easement, and connected to these wetlands and the Rudolph Mitigation Bank site as well The permittee shall ensure that the Conservation Easement is recorded in the Johnston County Register of Deeds prior to the sale or conveyance of Impact Site. Management Plan The Conservation Easement shall ensure in perpetuity that the site shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Conservation Easement Property. The easement holder, the NC Wildlife Habitat Foundation ( NCWHF), will inspect the property at least annually. The NCWHF is member of the National Land Trust Alliance, and will conduct at least annual inspections, prepare a report and work with the landowner and USACOE to ensure that the conservation purposes are safeguarded. Pursuant to the Conservation Easement and enforcement rights stated therein, the following activities and uses are expressly prohibited, restricted, or reserved as indicated below: A. Disturbance of Natural Features Any change, disturbance, alteration, or impairment of the natural features of the Conservation Easement Property or any introduction of non - native plants and /or animal species is prohibited B Construction There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock, or any other temporary or permanent structure or facility on or above the Conservation Easement Property C Industrial, Commercial, and Residential Use. Industrial, residential, and /or commercial activities, including any right of passage for such purposes on or over the Conservation Easement Property are prohibited D. Agricultural, Grazing, and Horticultural Use Agricultural, grazing, animal husbandry, and horticultural use of the Conservation Easement Property are prohibited E Vegetation There shall be no removal, burning, destruction, harming, cutting, or mowing of trees, shrubs, or other vegetation on the Conservation Easement Property F. Roads and Trails There shall be no construction of road, trails, or walkways on the Conservation Easement Property, nor enlargement or modification of existing roads, trails, or walkways G. Signage No signs shall be permitted on or over the Conservation Easement Property, except the posting of no trespassing signs, signs identifying the conservation values of the Conservation Easement Property, signs giving directions or proscribing rules and regulations for the use of the Conservation Easement Property and /or signs identifying the Grantor as owner of the Conservation Easement Property H Dumping or Storage Dumping or storage of soil, trash, ashes, garbage, waster, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks, or other materials on the Conservation Easement Property is prohibited. I. Excavation, Dredging, or Mineral Use. There shall be no grading, filling, excavation, dredging, mining or drilling, no removal of topsoil, sand, gravel, rock, peat, minerals, or other materials, and no change in the topography of the land in any manner on the Conservation Easement Property, except to restore natural topography or drainage patterns. J. Water Quality and Drainage Pattern There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns In addition, diverting or causing or permitting the diversion of surface or underground water info, within or out of the Conservation Easement Property by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. K. Development Rights No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise L Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all - terrain vehicles, cars, and trucks is prohibited on the Conservation Easement Property other than for temporary or occasional access by the Grantee, its employees and agents. M Other Prohibitions Any other use of, or activity on, the Conservation Easement Property which is or may become inconsistent with the purposes of this grant, the preservation of the Conservation Easement Property substantially in its natural condition, or the protection of its environmental systems, is prohibited. On-Site- Site Protection Instrument The proposed on -site preservation Site will be preserved, in area (0.447 ac) and manner pursuant to an agreement to be reached between the USACE and Purchaser that will address landscaping and /or maintenance of the wetland area, to be agreed upon and memorialized in a Declaration of Restrictive Covenants to be referenced in the modified permit (SAW- 2007 - 04137, DWQ #2005 -0949) and recorded prior to the sale or conveyance of the Impact Site, not later than December 31St, 2015 and referenced in the modified permit (SAW- 2007 - 04137, DWQ #2005- 0949). Management Plan The 50' wetlands easement may be maintained in a prudent manner without mechanized equipment to: allow sight lines, protect the health and safety of employees and customers, maintain the structural integrity of permitted buildings, and to control pests and vermin. Specifically, the owner may: • Maintain clear sight lines from the street, parking areas, and signs to the building by trimming shrubs at a height not to exceed 4 -5 feet and trimming and limbing of existing and newly planted trees having a height greater than 8 feet; 8 • Perform hand removal of debris, including removal of over - growth, dead or dying vegetation, trees and shrubs; • Use handheld tools (such as Weed- eaters) for minimal trimming on the perimeter of the wetland easement; • Keep the area free of vermin, feral cats, bugs and pests; • Protect the structural integrity of any permitted building. The owner may not: • Mow the wetland area; Install plantings within the wetland area without approval by the USACOE; Make other modification within the wetlands area without express approval by the USACOE. The landowner or its assigns will conduct at least annual inspections, prepare a report and work with USACOE to ensure that the conservation purposes are safeguarded. Planting Plan Plants will be chosen and installed according to the approved plant list to include, but not limited to swamp titi, dog hobble, Ilex sp., marsh hibiscus, swamp iris, Clethra aln folia, silky dogwood, or button bush, for very wet areas marsh mallow, hibiscus, lizard tail, or rushes. All plants will be native to North Carolina and to the region. Plants will be installed by professional contractors and maintained for long -term survivability greater than 85 %. Should mortality fall below 85 %, similar plants will be installed until sufficient survival is achieved In addition to survivability, competition from pioneer species such as red maple, loblolly pine, and sweet gum will be controlled to allow planted species to thrive. Other competing species such as non- native reed (Phragmites sp) and cattails if necessary will be controlled by hand mechanized equipment. Survival monitoring will occur on an annual basis and throughout the year for a period no less than 7 years from implementation. 0 REFERENCES Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoc. 1979. Classification of wetlands and deepwater habitats of the United States. U.S. Fish and Wildlife Service. OBS, Washington, DC. FWS /OBS 79/31. 103 pp. Schafale, M.P. and A.S. Weakley, 1990. Classification of the Natural Communities of North Carolina, A Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, Department of Environment, Health and Natural Resources, Raleigh, NC. United States Department of Agriculture, Soil Conservation Service. Soil Survey of Johnston County, North Carolina. 1994 United States Department of Agriculture, Soil Conservation Service. Soil Survey of Johnston County, North Carolina. GIS Web Survey, 2007.