Tobacco Road Draft Instrument Mod_20210308

RES Cape Fear 02 Umbrella Mitigation Bank
Tobacco Road Mitigation Project
Instrument Modification
Cape Fear River Basin
HUC 03030002
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Prepared by: Resource Environmental Solutions, LLC
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Bank Sponsor: Environmental Banc & Exchange, LLC
3600 Glenwood Avenue, Suite 100
Raleigh, North Carolina 27612
919-770-5573
March 2021

Table of Contents
1 INTRODUCTION.....................................................................................................................1
1.1
Project Description........................................................................................................................1
1.2
Project Location............................................................................................................................1
1.3
Service Area..................................................................................................................................
2
1.4
Identified Watershed Needs..........................................................................................................
2
1.5
Purpose and Objectives.................................................................................................................2
1.6
Technical Feasibility.....................................................................................................................3
1.7
Site Ownership..............................................................................................................................4
2 QUALIFICATIONS..................................................................................................................4
2.1
Bank Sponsor................................................................................................................................4
2.2
Bank Sponsor Qualifications........................................................................................................
4
3 EXISTING CONDITIONS........................................................................................................5
3.1
Existing Jurisdictional Waters of the US......................................................................................
5
3.2
Existing Reach Conditions............................................................................................................
6
3.3
Physiography and Soils...............................................................................................................11
3.4
Endangered/Threatened Species.................................................................................................12
3.5
Vegetation...................................................................................................................................13
3.6
Cultural Resources......................................................................................................................13
3.7
Constraints..................................................................................................................................13
4. PROPOSED
BANK CONDITIONS........................................................................................14
4.1
Conceptual Mitigation Plan........................................................................................................14
4.2
Stream Restoration......................................................................................................................15
4.3
Potential Wetland Enhancement and Preservation.....................................................................18
5 MONITORING.......................................................................................................................19
5.1
Reference Ecosystems.................................................................................................................19
5.2
As -Built Survey..........................................................................................................................19
5.3
Visual Monitoring.......................................................................................................................19
5.4
Cross Sections.............................................................................................................................19
5.5
Vegetative Success Criteria........................................................................................................
20
5.6
Adaptive Management................................................................................................................
20
6 BANK ESTABLISHMENT AND OPERATION.....................................................................20
6.1
Establishment and Operation of the Bank...................................................................................
20
6.2
Proposed Credit Release Schedule..............................................................................................
21
6.2.1
Initial Allocation of Released Credits.................................................................................
21
6.2.2
Subsequent Credit Releases................................................................................................
21
6.3
Financial Assurances..................................................................................................................
23
6.4
Proposed Ownership and Long -Term Management...................................................................
23
6.5
Assurance of Water Rights.........................................................................................................
24
7
References.......................................................................................................................................25

List of Figures
Figure 1. Project Vicinity Map
Figure 2. Parcel Access Map
Figure 3. USGS Quadrangle Map
Figure 4. Existing Conditions Map
Figure 5. Historical Imagery
Figure 6. Mapped Soils
Figure 7. FEMA Map
Figure 8. Conceptual Design
Figure 9. LiDAR
Appendices
Appendix A — NC DWR Stream Determination
Appendix B — Landowner Authorization Forms
Appendix C — Existing Conditions Photo Log

INTRODUCTION
Environmental Banc & Exchange, LLC (EBX), a wholly owned subsidiary of Resource Environmental
Solutions (RES), is pleased to propose the Tobacco Road Mitigation Project (the Project) for inclusion in
the RES Cape Fear 02 Umbrella Mitigation Bank Instrument (the Bank). The Project has been identified as
having potential to help meet the compensatory mitigation requirements for stream and wetland impacts in
hydrologic unit 03030002 of the Cape Fear River Basin (Cape Fear 02).
This mitigation plan will be prepared in accordance with the RES Cape Fear 02 Umbrella Mitigation Bank
made and entered into by EBX, LLC on February 9, 2018, and the United States Army Corps of Engineers
(USACE). In addition to stream and wetland mitigation, the Project is proposing to provide riparian buffer
and/or nutrient offset mitigation through the NC Division of Water Resources (DWR) Riparian Buffer
Mitigation program within the Haw River Subwatershed of the Jordan Lake Watershed.
1.1 Project Description
The Project is located in Alamance County, approximately 13 miles southwest of Burlington, NC (Figure
1) near the intersection of Thom Road and Highway 54 in the Cape Fear River Basin within Cataloging
Unit 03030002, 03030002050040, and NC Division of Water Resources (DWR) Sub -Basin 03-06-04. The
Project consists of two parcels totaling 46.42 acres of conservation easement (Figure 2). The Project has a
total drainage area of 458 acres (Figure 3a and 3b) and is mainly a mix of forested and agricultural land
including row crop and active pasture (Figure 4); aerial imagery indicates that the Project area has
historically served these land uses (Figure 5). Stressors currently affecting the Project include row crop,
livestock production and a lack of riparian buffers.
The Project will involve the stream restoration, enhancement, and preservation of several unnamed
tributaries including, TRI (TRI-A, TRI-B, TRI-C, TRI-D, TRI-E, TRI-F), TR2, MN1 (MNI-A, MN1-
B, MN1-C), MN2 (MN2-A, MN2-B), MN3, MN4 (MN4-A, MN4-B), MN5 (MN5-A, MN5-B), MN6
(MN6-A, MN6-B), MN7 (MN7-A, MN7-B), and MN8. Reaches are broken up by treatment type. TRI
flows east to west towards Mineral Springs Road. MNI, MN2, MN3, and MN7 flow south before coming
to confluences with TRI. MN4, MN5, and MN6 flow north before coming to confluences with TRI. TR2
flows to the west, paralleling TRI-C before draining to it, just before the confluence of TRI-D and MN5-
B. In addition to the stream reaches, there are multiple degraded wetland areas within the project area that
have been impacted by livestock access and/or ditching. The conceptual design presents 12,899 linear feet
of stream mitigation generating 7,074.796 Stream Mitigation Units (SMU) and 0.58 acres of wetland
mitigation generating 0.139 Wetland Mitigation Units (WMU). In addition to stream and wetland
mitigation, the Project also presents the opportunity to provide up to 44 acres of Riparian Buffer Mitigation
generating 16.05 acres of Riparian Buffer Credits. The Project will provide critical ecological uplift to
aquatic and riparian corridors that would otherwise be even further degraded by agricultural uses and
continued livestock access.
1.2 Project Location
To access the Project from Burlington, NC, travel approximately thirteen miles on NC-54 east. At the
intersection of Thom Road and NC-54 east, turn right. The entrance to the Project is about 0.3 miles down
Thom Road on the right. The latitude and longitude of the access road to the Project is 35.973063°, and -
79.282234°.
RES Cape Fear Instrument Modification
Umbrella Mitigation Bank 1 March 2021

1.3 Service Area
This Bank will provide stream and wetland mitigation credits to offset unavoidable impacts on both stream
and wetland resources within the Cape Fear River Basin (8-digit USGS HUC 03030002). In a separate
mitigation banking instrument with DWR this project is proposing to provide up to 16.05 acres of Riparian
Buffer Mitigation Credits for the Haw River Subwatershed of the Jordan Lake watershed.
1.4 Identified Watershed Needs
The 2009 Cape Fear River Basin Restoration Priorities (RBRP) identified several restoration needs for the
entire Cape Fear River Basin, as well as for HUC 03030002, specifically. This Project contains tributaries
draining to the Haw River, which eventually drain to B. Everett Jordan Lake, a Nutrient Sensitive Water,
providing drinking water supply to surrounding areas. Reduction of non -point source pollution to waters
draining to Jordan Lake is a recommendation for the Cape Fear 02 watershed. Water quality stressors
currently affecting the Project include row crop production, livestock production and lack of forested
riparian buffer. Field evaluations determined all reaches to be either intermittent or perennial. A
combination of stream restoration, enhancement, and preservation is proposed to increase water quality and
ecological function and protect these features in perpetuity.
1.5 Purpose and Objectives
The purpose of the proposed Project is to generate compensatory mitigation credits for inclusion in the RES
Cape Fear 02 Umbrella Mitigation Bank in the Cape Fear River Basin.
The project goals address stressors identified in the watershed, and include the following:
• Restore and enhance hydrology, and water quality functions to stream channels;
• Reduce inputs of sediment into streams from eroding stream banks;
• Reduce nutrient inputs to streams;
• Improve aquatic habitat in project streams;
• Improve floodplam connectivity;
• Enhance and protect wetland hydrology, soils, and plant communities;
• Restore appropriate riparian and wetland plant communities;
• Preserve high quality stream and wetland resources;
• Improve ecological processes by reducing water temperature, improving terrestrial and aquatic
habitat, and restoring a native plant community.
The project goals will be addressed through the following project objectives:
• Design and reconstruct stream channels sized to convey bankfull flows that will maintain a stable
dimension, profile, and planform based on watershed and reference reach conditions;
• Addition of in -stream structures and bank stabilization measures to protect restored and enhanced
streams;
• Install habitat features such as brush toes, constructed riffles, woody materials, and pools of varying
depths to restored and enhanced streams;
• Reduce bank height ratios and increase entrenchment ratios to reference reach conditions;
• Increase forested riparian buffers to at least 50 feet on both sides of the channel along the project
reaches with appropriate native riparian plant communities;
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• Enhance and protect wetlands by raising stream bed elevations and planting native wetland plant
species;
• Establish a permanent conservation easement on the Project;
• Add fencing to exclude livestock from water resources (streams, buffers, and wetlands), therefore
lessening stream and wetland soil erosion and improving overall water quality.
The proposed Project is designed to help meet these goals. The project will address stressors identified in
the watershed through nutrient removal, sediment removal, runoff filtration, and improved aquatic and
terrestrial habitat. These project goals will be achieved through restoration, enhancement, and preservation
of the streams, wetlands, and riparian buffers.
1.6 Technical Feasibility
The technical feasibility of the Bank is assured due to RES' extensive experience with stream and wetland
restoration in North Carolina and throughout the Southeast. Examples of EBX's success include the projects
listed in Table 1.
Table 1. Summary of RES Projects across the State of North Carolina
Basin
Projects in various
Various
stages of development,
Broad
3
Counties
18,510
13.11
NA
construction,
monitoring, and
completion
Projects in various
Cape Fear-
Randolph,
stages of development,
Randleman
10
Guilford
2,828
0
3,172,672.750
construction,
monitoring, and
completion
161,955.830
Projects in various
Cape Fear-
Alamance,
BMU
stages of development,
Jordan
7
Orange,
13,662
8.2
27,571.840
construction,
Lake
Guilford
lbs N
monitoring, and
820.680 lbs P
completion
Projects in various
Various
stages of development,
Cape Fear
10
Counties
59,762
50.5
NA
construction,
monitoring, and
completion
Projects in various
Various
stages of development,
Catawba
14
Counties
78,210
45.5
1,547,829
construction,
monitoring, and
completion
French
7
Henderson
24,525
3.9
NA
Projects in development
Broad
Mitchell
Little
2
Macon,
4,766
4.5
NA
Projects in monitoring
Tennessee
Jackson
RES Cape Fear
Umbrella Mitigation Bank
Instrument Modification
March 2021

Lumber
2
Anson,
4,098
69
NA
Projects closed out
Lenoir
9,764,220.550
Projects in various
Various
BMU
stages of development,
Neuse
33
Counties
119,948
648
392,710.04
construction
lbs N
monitoring, and
completion
Roanoke
3
Various
20,331
112.2
NA
Projects closed out
Counties
Tar-
Pamlico
I
Halifax
6,757
85.8
0
Projects closed out
White Oak
1
Onslow
3,770
0
NA
Project in Development
Projects in various
Various
stages of development,
Yadkin
18
Counties
90,784
0
NA
construction,
monitoring, and
completion
1.7 Site Ownership
The land required for the construction, management, and stewardship of this mitigation project includes
portions of the parcels listed in Table 2. A landowner map is also provided in Figure 2. EBX, LLC has
obtained a legal option to develop the mitigation project and establish a permanent conservation easement
on the necessary area on the subject parcels.
Table 2. Tobacco Road Landowner Information
iiwner�
EEffF__ PIN
County
Marvin Boyd Newlin—
9810596562
Alamance
Newlin Marvin Morrow REV Trust
Steven Gerald Greeson
9810273348
Alamance
2 QUALIFICATIONS
2.1 Bank Sponsor
The Project shall be established under the terms and conditions of the RES Cape Fear 02 Umbrella
Mitigation Bank made and entered into by EBX, LLC, acting as the Bank Sponsor.
Company Name: Environmental Banc & Exchange, LLC
Company Address: 3600 Glenwood Avenue, Suite 100, Raleigh, NC 27612
Contact Name: Matt Butler
Telephone: [phone]
Email: [e-mail]
2.2 Bank Sponsor Qualifications
RES is the nation's largest and most experienced dedicated ecological offset provider. RES develops and
supplies ecological solutions to help public and private sector clients obtain required permits for
unavoidable, project -related impacts to wetlands, streams, and habitats. RES helps clients proactively
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Umbrella Mitigation Bank 4 March 2021

manage risk from operations in environmentally sensitive areas by providing impact analyses, streamlining
permitting processes, and limiting liability and regulatory exposure.
Key RES milestones and achievements include:
• Restoration, enhancement, and preservation of 58,024 acres of wetlands
• Restoration of over 328 miles of streams
• Rehabilitation, preservation, and/or management of over 15,000 acres of special -status species
habitat
• Successful close-out of over 100 mitigation sites
• Permitting and development of over 200 permittee-responsible mitigation projects
• Design, permitting, management, and development of 138 wetland, stream, species and
conservation banks
• Delivery of 20,000 acres of custom, turnkey mitigation solutions
• Design and construction of over 350 stormwater management facilities
• Reductions of over 267 tons of water quality nutrients
• Planting of over 17,400,000 trees across all operating regions
• Development and operation of nurseries in three states including the largest coastal nursery in
Louisiana
• Facilitation of compensatory mitigation and nutrient offsets for over 3,434 federal and state
permits
In North Carolina, RES and its affiliated companies have a long history of supplying mitigation contracts
with North Carolina state agencies. With a regional office in Raleigh staffed with full-time professionals,
RES has the ability to carry out existing projects, as well as secure and carry out new projects and banks in
the State.
3 EXISTING CONDITIONS
3.1 Existing Jurisdictional Waters of the US
United States Fish and Wildlife Service (FWS) National Wetland Inventory (NWI) mapping depicts three
wetlands within the proposed project easement (Figure 4). The wetland types include a freshwater
forested/shrub wetland (PFOIA), a riverine wetland (R4SBC), and a freshwater pond (PUBM). A wetland
delineation has not yet been performed. The Project will be delineated by RES and confirmed by the
USACE during the design phase of the project. The stream channels were classified using DWR
methodology (NCDWR, 2010) (Appendix A).
The Project area includes unnamed tributaries which drain to Motes Creek, eventually draining to the Haw
River to the west of the Project. The current State classifications for Motes Creek is Water Supply V (WS-
V) and Nutrient Sensitive Waters (NSW). Classification WS-V refers to waters usually upstream of Class
C waters and are used by industry to supply their employees with drinking water. These are also waters that
may have formerly been used as water supply and are also protected for Class C uses. NSW are waters
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needing additional nutrient management due to being subject to excessive growth of microscopic or
macroscopic vegetation.
3.2 Existing Reach Conditions
In general, most or portions of the Project streams do not function to their full potential. Current conditions
demonstrate significant habitat degradation as a result of impacts from historic agriculture, including
livestock and row crop production (Figure 5). The Project reaches are generally channelized, lack bedform
diversity, and are oversized with poor riparian buffer conditions. Some existing stream parameters are
summarized in Table 3 and can be found in Figure 4. Photos that show existing field conditions can be
seen in Appendix C.
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Table 3. Tobacco Road Project Stream Summary
JrAWS�tRretermination
TR1-A
Intermittent
Score*(acres)
25.5
DrainageLivestock
144
Length
(LF)
1,136
Access
No
TRI-B
Perennial
36
225
1,314
Yes
TRI-C
Perennial
293
1,125
Yes
TRI-D
Perennial
366
1,849
No
TRI-E
Perennial
456
2,150
No
TRI-F
Perennial
458
168
No
TR2
Intermittent
22
13
367
Yes
MNI-A
Intermittent
25
17
213
No
MN1-B
Intermittent
23
447
No
MN1-C
Intermittent
28
356
No
MN2-A
Intermittent
21
14
394
Yes
MN2-13
Intermittent
27
561
Yes
MN3
Intermittent
25
18
274
Yes
MN4-A
Intermittent
23.5
13
201
Yes
MN4-B
Intermittent
16
258
Yes
MN5-A
Intermittent
22.5
9
51
Yes
MN5-13
Intermittent
10
206
Yes
MN6-A
Intermittent
25.5
19
416
No
MN6-B
Intermittent
22
228
No
MN7-A
Intermittent
19.25
3
352
No
MN7-B
Intermittent
12
462
No
MN8
Intermittent
22.5
9
370
No
*Stream determination score determined by NCDWR Stream Identification Form 4.11, see Appendix A.
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Umbrella Mitigation Bank 7 March 2021

Reach TRI
Reach TRI, a tributary of Motes Creek, enters the project from the northeast corner and flows east through
the project area and exits at the southwestern corner. Eventually, Motes Creek drains directly to the Haw
River west of the Project, eventually flowing to B. Everett Jordan Lake. The entire reach has a 458-acre
total drainage area. TRI is split into six reaches: TRI-A, TRI-B, TRI-C, TRI-D, TRI-E, and TRI-F,
beginning as an intermittent stream and ending as perennial. Eight unnamed tributaries, MN1, MN2, MN3,
MN4, MN5, MN6, MN7 and TR2, drain into TRI based on existing conditions. Reach TRI-A is the most
upstream section of TRI that ends at the proposed easement break and intersection of NC Highway 54.
This reach is fed by a stormwater pond northeast of the proposed easement boundary and is mostly stable
throughout with good bedform diversity and existing riparian buffer. Row crops surround the channel on
both the left and right banks. There is one proposed farm crossing used for agricultural access which divides
the reach near the middle. Some channel instability is limited to a few meander bends and a rip rap ramp is
present on the upstream end of the reach. The channel top of bank measures approximately 10 feet wide
and 3 feet deep, and the drainage area is 144 acres. On the downstream side of the proposed easement break,
intersected by Highway 54, reach TRI-B picks up and flows west until reaching the confluence with TRI-
C and MN3. Upstream along TRI-B the channel splays out over the floodplain with little to no riparian
buffer due to continued livestock access. Further downstream, past its one proposed easement break that
divides the reach used for agricultural access, the channel becomes straightened and oversized with vertical,
eroded banks. There is scattered vegetation along the banks; however, invasive species are present, and
cattle access has heavily degraded the existing riparian area. The channel measures about 12 feet wide in
some places and around two feet deep. Bed material is slightly undersized due to the sediment inputs from
bank erosion and cattle access. The drainage area is 225 acres. TRI-C begins at the confluence of MN3
and TRI-B and is segmented into three sections due to two proposed easement breaks, one of which is an
existing pipeline right of way. The reach has good bedform throughout but has been channelized for
agricultural purposes; spoil piles are scattered along the banks. Most of the reach is open to direct cattle
access, which has led to degraded stream banks and riparian buffer. The size of the channel fluctuates
moving downstream but averages around 10 feet wide from top of bank, and one and a half to two feet
deep. Channel instability is present on about 30 percent of the reach. Proposed Wetland WC is situated near
the downstream portion of TRI-C along the left bank. The drainage area of TRI-C is 293 acres. TRI-D
begins at the confluence of TRI-C and MN5-B and has relatively good bedform with appropriately sized
bed material. The right bank is heavily vegetated with a mix of native and invasive species. The left bank
is sparsely vegetated upstream but becoming exposed to row crop moving downstream. Channel instability
is present along about 15 percent of the reach. The average size is approximately seven and a half feet wide
from top of bank, two feet deep on the left bank and four feet deep on the right bank. The drainage area is
366 acres. TRI-E begins downstream of the last proposed easement break along TRI. The channel has
good bedform diversity, but slightly undersized bed material, averaging approximately 11 feet wide from
top of bank and around three feet deep. There are areas of active erosion and incision along 50 percent of
the reach. TRI-E is mostly forested, with a mix of hardwood and invasive species. The drainage area is 456
acres. The final reach is TRI-F, which extends downstream to the end of the proposed easement boundary.
Scattered bedrock lies throughout the bottom of the channel creating good bedform diversity and sinuosity
along the reach; however, erosion of the banks has caused the channel to become oversized, impacting
stability. The reach is sparsely buffered by mature hardwoods and some invasive species. The channel
measures approximately 12 to 13 feet wide and about two feet deep and has a 458-acre drainage area.
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Reach TR2
TR2 is an intermittent tributary that has formed from a ditch outside of the easement and runs northwest,
paralleling the main channel, before coming to a confluence with TRI-C. It is sparsely forested with mature
native hardwoods and some invasive species on both banks. Livestock access and other agricultural
manipulation have left the channel degraded and not functioning properly. TR2 measures about four feet
wide and one foot deep and has a drainage area of about 13 acres.
Reach MNl
Reach MN1 is split into four smaller reaches, MN1-A, MN1-B, and MN1-C which all flow south towards
TRI-A. The total drainage area of MN1 is 28 acres. MN1-A is an intermittent stream that comes to a
confluence with MN8 right before the existing pipeline proposed easement break. The reach is stable with
heavily vegetated banks; however, the right bank has a narrow buffer before meeting NC Highway 54.
The average channel width of this reach is between two and three feet from top of bank and the
approximate depth is between a half a foot to a foot deep. The drainage area of MN1-A is 17 acres.
Continuing downstream past the proposed easement break, MN1-B picks up, flowing south before
coming to its confluence with MN1-C. It is relatively stable, lacking some bedform diversity and is only
sparsely forested. Row crops are grown adjacent to either side of the banks' narrow buffers and proposed
wetland WA is positioned near the middle of the left bank. The channel measures approximately four feet
wide and two and a half feet deep. The drainage area is 23 acres. The final section of MN1, MN1-C has
good bedform diversity, but an exposed floodplain, surrounded by row crops on both banks. The reach,
flowing south towards TRI-A, has been channelized and straightened, with areas of incision and bank
erosion. The channel is approximately two and a half feet wide and one and a half feet deep. The drainage
area is 28 acres.
Reach MN2
Reach MN2, an intermittent tributary flowing south to TRI-B, is split into two smaller reaches, MN2-A
and MN2-B, divided by a proposed easement break designated for an existing pipeline right of way. The
channel begins as a headcut, flowing through forested buffer, before emptying into a pasture with an
exposed floodplain. The drainage area of the entire reach is 27 acres. MN2-A is a relatively stable channel
with heavily vegetated stream banks and a well -developed riparian buffer composed mostly of mixed
hardwoods. The channel has been straightened and areas of piled trash can be found along the left bank.
Livestock have direct access to the stream. The channel measures approximately three feet wide from top
of bank and about half a foot deep, with a drainage area of 14 acres. MN2-B begins after the proposed
easement break and flows through an agricultural field, heavily impacted by historic and current livestock
activity. The channel has been manipulated, lacking bedform diversity and stability, in some areas ditched
or splayed out over the floodplain. It flows through proposed wetland WB, meeting a culverted livestock
crossing before coming to its confluence with TRI-B. The channel is somewhat incised with vertical banks
measuring three feet wide from top of bank and two feet deep, and the drainage area is approximately 27
acres.
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Umbrella Mitigation Bank 9 March 2021

Reach MN3
Reach MN3 is an intermittent tributary flowing south toward the confluence of TRI-B and TRI-C. The
reach begins at the tree line south of its forested origin. MN3 has a mostly exposed floodplain to the north
but becomes sparsely forested closer to its confluence with TR1-C. Due to livestock pressure, straightening,
and ditching, the stream is not functioning to its highest potential. The channel is overwide and shallow
with little to no bedform. The drainage area of the reach is 18 acres, and it measures approximately four
feet wide from top of bank and about half a foot deep.
Reach MN4
Reach MN4, an intermittent tributary flowing north to TRI-C, is split into two smaller reaches, MN4-A
and MN4-B, divided by a proposed easement break designated as a farm crossing. The drainage area of the
entire reach is 16 acres. The beginning of the channel, MN4-A, starts just below an agricultural pond outside
of the easement and flows north through open pasture. There is sparse tree cover at the top of the reach;
however, the majority of MN4-A has an exposed floodplain, with little to no forested buffer. Ditching and
cattle access has caused this reach to splay out across the floodplain in areas, lacking bedform diversity and
channel stability. It measures approximately six feet wide from top of bank and two and a half feet deep.
The drainage area of MN4-A is 13 acres. The stream enters into sparse forest after a proposed easement
break, which begins MN4-B. The channel is relatively stable with heavily vegetated stream banks and a
well -developed riparian buffer composed mostly of mixed hardwoods; however, there is continued
livestock access throughout the reach which has impacted the functionality of MN4-B. The channel
measures approximately four feet wide from top of bank and two feet deep, with a drainage area of 16 acres.
Reach MN5
Reach MN5, is an intermittent tributary of TRI-C that flows northwest and is split into two smaller reaches,
MN5-A and MN5-B. The drainage area of the entire reach is 10 acres. The channel begins at MN5-A, a
heavily forested stream with a well -developed rocky bed. With vegetation along both banks, the reach is
able to maintain stability and nutrient intake from the adjacent pasture. The left bank is fully forested out
to the easement boundary, while the right bank is mostly forested, leaving a small corridor of remaining
row crop to be planted with native riparian species. Some incision is present on the upstream portion of the
reach. The channel measures approximately four feet wide from top of bank and 0.2 feet deep, with a nine -
acre drainage area. MN5-A meets MN5-B as the right bank becomes less vegetated with hardwoods, and
more vegetated with pasture grasses. There is livestock access to both MN5-A and MN5-B; however, the
impacts are more evident along MN5-B as the channel banks are more eroded and become splayed out
across the floodplain in some areas. The left bank remains forested along the entire reach. MN5-B averages
between seven and 11 feet wide from top of bank and about two feet deep. The drainage area is 10 acres.
Reach MN6
Reach MN6, a tributary of TRI-D, flowing northwest, is split into two smaller reaches, MN6-A and MN6-
B, with a total drainage area of 22 acres. It begins as MN6-A, a moderately established channel, originating
at a forested headcut. The banks are relatively shallow, splayed out in some places, most likely due to
agricultural manipulation, but otherwise healthy. The stream parallels a planted field along the left bank
while the right bank is densely forested with a mix of hardwoods. Invasive species are present along this
RES Cape Fear Instrument Modification
Umbrella Mitigation Bank 10 March 2021

reach. MN6-A measures about four feet wide from top of bank and half a foot deep with a 19-acre drainage
area. The channel transitions to reach MN6-B after flowing north beyond the tree line. This reach has been
heavily ditched and straightened, lacking bedform diversity. The banks are splayed across the exposed
floodplain adjacent to row crops. Wetland WD is situated along the right bank near the confluence of MN6-
B and TRI-D. The channel measures approximately three and a half feet wide from top of bank and about
a foot deep. The drainage area is 22 acres.
Reach MN7
Reach MN7, flows from the north towards TRI-D and is split into two smaller reaches, MN7-A and MN7-
B. The total drainage area is 12 acres. The stream begins at MN7-A, a ditched channel intersecting
agricultural fields. Directly along the banks, there is very sparse tree cover, composed of mostly mature
hardwoods; moving out into the floodplain, which is currently row crops, there is no vegetative riparian
buffer. The channel has been manipulated and straightened leaving it unable to function at its highest
potential. MN7-A is approximately four feet wide and half a foot deep with a three -acre drainage area. The
channel transitions to MN7-B as it flows south into a forested buffer after the proposed farm crossing. With
adequate bedform diversity and a mostly vegetated riparian buffer, MN7-B exhibits high stability and
functionality. Some invasives are present along the reach, but the canopy is mostly native hardwoods. The
easement boundary along the right bank lacks a fully developed riparian buffer where a portion of row crop
encroaches in, otherwise, both banks are fully vegetated. The channel measures approximately four feet
wide from top of bank and about two feet deep with a drainage area of 12 acres.
MN8
MN8 is an intermittent stream that comes to a confluence with MN1-A right before the existing pipeline
proposed easement break. The reach is stable with heavily vegetated banks; however, the left bank is
narrowly buffered with row crop extending to the forest boundary. The average channel width of this reach
is between two and three feet from top of bank and the approximate depth is between a half a foot to a foot
deep. The drainage area of MN8 is nine acres.
3.3 Physiography and Soils
The site is located in the Carolina Slate Belt level IV ecoregion within the Piedmont level III ecoregion.
Because of the mineral -rich metavolcanic and metasedimentary rocks with slatey cleavage that make up
this ecoregion, the finer -grained and less metamorphosed rock tend to form slightly lower elevations with
wider valleys throughout this portion of the Piedmont. This region is made of mainly dissected irregular
plains, some hills, linear ridges, and isolated monadnocks. Streams with low to moderate gradient are
mostly composed of boulder and cobble substrates. Silty and silty clay soils are often found throughout this
region. Natural vegetation communities consist of mixed oak and oak -hickory -pine forests (USEPA). Land
use throughout this ecoregion consists mainly of mixed and deciduous forest, pine plantations, pasture, and
some public land.
The Natural Resource Conservation Service (MRCS) depicts eight soil mapping units across the Project
(Figure 6). The map units and soil characteristics are summarized in Table 4. The mapped soil data
presented here are for reference only. Additional work will be conducted as needed to support the project.
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Table 4. Tobacco Road Mapped Soil Series
Map
Vb
Map Unit NameWWinage
Class
Hydric
Hydrologic
S
W
Status
Soil Group
Setting
Chewacla loam, 0 to 2
Somewhat
Non -
ChA
percent slopes, frequently
poorly drained
hydric
B/D
Floodplains
flooded
Cullen clay loam, 2 to 6
Non-
CnB2
percent slopes,
Well drained
hydric
B
Interfluves
moderatelyeroded
Cullen clay loam, 6 to 10
Non-
CnC2
percent slopes,
Well drained
Hydric
B
Interfluves
moderatelyeroded
Cullen clay loam, 10 to
Non-
CnD2
15 percent slopes,
Well drained
Hydric
B
Interfluves
moderatelyeroded
Cullen clay loam, 15 to
Non-
CnE2
45 percent slopes,
Well drained
hydric
B
Interfluves
moderatelyeroded
HnE
Herndon silt loam, 15 to
Well drained
Non-
B
Interfluves
45 percent slopes
hydric
Sloughs on
interfluves,
Mandale-Secrest
depressions on
MaB
complex, 2 to 6 percent
Somewhat
Non-
C/D C
Interfluves,
Slopes
poorly drained
hydric
drainageways
on interfluves,
flats on
interfluves
Drainageways
Somewhat
on interfluves,
Mandale-Secrest
poorly
sloughs on
MaC
complex, 6 to 10 percent
drained
Non-
C/D C
Interfluves,
slopes
Moderately
hydric
depressions on
well drained
Interfluves,
flats on
Interfluves
3.4 Endangered/Threatened Species
The US Fish and Wildlife Service (USFWS) database (accessed April 20, 2020) for Alamance County,
North Carolina lists one endangered species, Cape Fear shiner (Notropis mekistocholas), as being within
proximity of the proposed project. In addition, the Bald eagle (Haliaeetus leucocephalus) is protected under
the Bald and Golden Eagle Protection Act (BGPA) and prohibits take of bald and golden eagles. (Table 5).
In addition to the USFWS database, the North Carolina Natural Heritage Program (NCNHP) GIS database
(accessed April 20, 2020) was consulted to determine whether previously cataloged occurrences of
protected species were mapped within one mile of the project. Results from NHP indicate that there are
three known occurrence of state significantly rare species within a one -mile radius of the project area (NHP,
2020). These occurrences include two butterflies, the mottled duskywing (Erynnis martialis) and the Helicta
satyr (Neonympha helicta). One dragonfly, the coppery emerald (Somatochlora georgiana). No protected
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species or potential habitat for protected species was observed during preliminary site evaluations. Based
on initial site investigations, no impacts to state protected species are anticipated as a result of the proposed
project. The decision phase of the project will include USFWS and North Carolina Wildlife Resource
Commission coordination to confirm these findings.
Table 5. Federally Protected Species in Alamance County
q� Federal Habitat
Common N� Ilientilic name Status* Present Record Status
Fish:
Cape Fear shiner
Notropis mekistocholas
E
No
Current
Vertebrate:
Bald Eagle
Haliaeetus leucocephalus
BGPA
No
Current
*BGPA = Bald and Golden Eagle Protection Act, E = Endangered
3.5 Vegetation
The Project is characterized primarily by row crop, active livestock pasture, and disjointed riparian forest.
Existing vegetation throughout the site includes white oak (Quercus alba), black oak (Quercus velutina),
hickory (Carya sp.), American beech (Fagus grandifolia), flowering dogwood (Corpus florida), eastern
red cedar (Juniperus virginiana), sweet gum (Liquidambar styraciflua), tulip poplar (Ltriodendron
tulipifera), winged elm (Ulmus alata), American holly (Ilex opaca), sugarberry (Celtis laevigata), box elder
(Acer negundo), red maple (Acer rubrum), sourwood (Oxydendrum arboreum), American sycamore
(Platanus occidentalis), green ash (Fraxinus pennsylvanica), eastern redbud (Cercis canadensis), black
walnut (Juglans nigra), American hophornbeam (Ostrya virginiana), and black gum (Nyssa sylvatica).
Invasive species are also present throughout, including Chinese privet (Ligustrum sinense), multiflora rose
(Rosa multiflora), and autumn olive (Elaeagnus umbellata).
3.6 Cultural Resources
On April 20, 2020, the North Carolina State Historic Preservation Office (SHPO) website database was
reviewed to determine if any listed or potentially eligible historic or archeological resources in the proposed
project area existed. This search did not reveal any registered occurrence within the project area. The search
did however reveal two registered occurrences of possible historic or archeological resources within a mile
of the proposed project area, the Sherriff Turrentine House (AM0444) which is now gone and the Newlin -
Thompson House (AM0432). The proposed Project is not expected to have any impact on either of these
findings. The environmental screening phase of the Project will include SHPO coordination to confirm
these findings.
3.7 Constraints
There are minimal constraints to the Project that will be considered during the design of the Project. The
western portion of the Project is within a FEMA regulatory floodway (Figure 7) and therefore FEMA
permitting will be required for this Project. The middle portion of TRl-C has a buffer area less than 50 feet
from the stream top of bank to the proposed easement boundary, with an easement break on either side,
therefore, this portion of the reach will not be eligible to generate stream mitigation credit; however, stream
and buffer work will still be performed to ensure the functionality of the reach as a whole. A tree survey
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will be conducted to design the mitigation measures and access to minimize impacts to significant specimen
trees. Trees that are necessary to remove for project construction will be utilized for in -stream habitat
structures. An existing pipeline intersects the Project, creating the need for three easement breaks. NC
Highway 54 intersects the Project on the eastern section, creating another easement break.
Currently, cattle have access to reaches TRI-B, TRI-C, TR2, MN2, MN3, MN4, and the right bank of
MN5. Six additional crossings are proposed throughout the easement boundaries allowing landowner access
and agricultural crossings. There is one culverted livestock crossing along MN2-B that will be removed
during construction.
The proposed mitigation project is located within five miles of one air transport facility. The Duchy Airpark
is a private airpark located directly east of the northern section of the Project, on the eastern side of NC
Highway 54. The proposed Project will not affect the operations of this airport (Figure 1).
4. PROPOSED BANK CONDITIONS
4.1 Conceptual Mitigation Plan
The Project presents the opportunity to provide 7,074.796 stream mitigation units (SMUs) and 0.139
wetland mitigation units (WMUs). These will be derived from a combination of stream and wetland
restoration. Table 6 details the mitigation types and credits generated. The proposed conceptual design plan
is shown in Figure 8.
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Table 6. Tobacco Road Proposed Stream Mitigation Summary
Reach
Mitigation
Length (LF)
Ratio
SMUs
TRl-A
Enhancement III
1,136
5:1
227.282
TRl-B
Restoration
11314
1:1
1,314.390
TRI-C
Enhancement 11
871
2.5:1
348.420
TRl-C
Uncredited
254
-
-
TRI-D
Enhancement 11
1,849
3:1
616.183
TRl-E
Restoration
2,150
1:1
2,149.890
TRI-F
Enhancement III
168
5:1
33.608
TR2
Enhancement II
367
2.5:1
146.728
MN1-A
Preservation
213
10:1
21.260
MN1-B
Enhancement I
447
1.5:1
298.064
MN1-C
Restoration
356
1:1
356.380
MN2-A
Enhancement II
394
3:1
131.431
MN2-B
Enhancement I
561
1.5:1
374.102
MN3
Enhancement II
274
2.5:1
109.600
MN4-A
Enhancement I
201
1.5:1
134.105
MN4-B
Enhancement III
258
5:1
51.526
MN5-A
Preservation
51
10:1
5.056
MN5-B
Enhancement I
206
1.5:1
137.191
MN6-A
Enhancement III
416
7:1
59.481
MN6-B
Restoration
228
1:1
228.107
MN7-A
Enhancement II
352
2.5:1
140.902
MN7-B
Enhancement II
462
3:1
154.099
MN8
Preservation
370
10:1
36.991
Total Length
12,899
Total SMUs
7,074.796
4.2 Stream Restoration
Current stream conditions along the proposed restoration reaches demonstrate habitat degradation as a result
of impacts from agricultural land use, channel modification, and historic land disturbance. Additionally,
the riparian buffer is degraded or absent throughout much of the Project area.
Stream restoration, enhancement, and preservation efforts along the tributaries of the Project will be
accomplished through analyses of geomorphic conditions and watershed characteristics. The design
approach applies a combination of analytical and reference reach -based design methods that meet objectives
commensurate with both ecological and geomorphic improvements. Proposed treatment activities may
range from minor bank grading and planting to re-establishing a stable planform and hydraulic geometry.
For reaches requiring full restoration, natural design concepts will be applied and verified through rigorous
engineering analyses and modeling. The objective of this approach is to design a geomorphically stable
channel that provides habitat improvements and ties into the existing landscape. The Project will include
stream Restoration, Enhancement I, Enhancement II, Enhancement II (3:1), Enhancement III (5:1),
Enhancement III (7:1), and Preservation. A conceptual plan view is provided in Figure 8.
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The Project has been broken into the following design reaches:
Reach TRI-A/B/C/D/E/F
Because Reach TRI-A is mostly stable, 1,136 linear feet of Enhancement III (5:1) is proposed, which will
entail invasive species treatment where needed, supplemental planting, and buffer protection to a minimum
of 50 feet. Toe protection will be installed throughout the reach to enhance stability and habitat. One farm
crossing will be installed for landowner access through the parcel. TRI-B lacks stability and functionality
due to agricultural manipulation, livestock access, and little to no riparian buffer; therefore, 1,314 linear
feet of Restoration is being proposed. This will entail the design and construction of a stable meandering
channel within the natural valley with appropriate width/depth ratio and cross -sectional area. Restoration
activities will include using log and rock structures to provide vertical stability, assist in maintaining riffle,
run, and pool features and to provide habitat features. Habitat will further be improved by widening and
planting buffers and excluding livestock by installing fencing. One farm crossing will be installed to allow
landowner and livestock access through the parcel. Stream mitigation along Reach TRI-C will involve
1,125 linear feet of Enhancement II; however, only 871 linear feet of the total reach will be creditable due
to a lack of minimum riparian buffer (less than 50 feet out from the left top of bank to the easement
boundary). Work will include maintaining the channel along its existing alignment but constructing a more
stable profile and cross section by grading back the banks, installing structures such as rock sills, brush
toes, and constructed riffles. Spoil piles along the banks will be removed. Habitat will further be improved
by planting a minimum 50-foot riparian buffer with temporary/permanent seed mixes and native hardwoods
and excluding livestock by installing fencing. Two proposed easement breaks divide TRI-C, one for an
existing pipeline right of way, the other to allow landowner and livestock access through the parcel. Work
along TRI-D will involve 1,849 linear feet of Enhancement II (3:1). Livestock do not currently have direct
access to this reach and the channel exhibits less instability than of TRI-C. Row crop encroachment and
other agricultural manipulation along the reach has depleted the natural vegetation, leaving portions of the
channel unbuffered and allowing nutrients to seep into the waterway. Bank grading, spoil removal, riparian
planting out to a minimum of 50 feet, permanent seeding and invasive species mitigation will take place
along this reach. Restoration on 2,150 linear feet of stream will be performed along Reach TRI-E due to
current and historical stream manipulation. Stream work will involve the design and construction of a stable
meandering channel within the natural valley with appropriate width/depth ratio and cross -sectional area.
Restoration activities will include using log and rock structures to provide vertical stability, assist in
maintaining riffle, run, and pool features and to provide habitat features. Habitat will further be improved
by widening and planting buffers out to a minimum of 50 feet. One farm crossing will be installed splitting
TRI-D and TRI-E, to allow landowner access through the parcel. Finally, mitigation along TRI-F will
involve 168 linear feet of Enhancement III (5:1). Work done along this reach will primarily involve the
supplemental planting, seeding, and protection of the riparian buffer out to at least 50 feet. Invasive species
will be treated where necessary.
Reach TR2
Enhancement II is proposed along Reach TR2 (367 linear feet) which will address localized channel
instability, buffer degradation, and livestock impacts. Enhancement activities will include installation of
grade control structures, stabilizing the banks, planting the buffer, and excluding cattle. In -stream structures
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such as rock sills, brush toes, and constructed riffles will be installed for stability and to improve habitat.
Habitat will further be improved through buffer plantings to a minimum of 50 feet and livestock exclusion.
Reach MNl- A/B/C
Stream Preservation is proposed for Reach MN1-A (213 linear feet) as it is a stable channel with a well -
established riparian buffer. Its stream and habitat will be protected in perpetuity. One easement break will
be installed separating MNI-A and MN8 from MN1-B to allow for an existing pipeline right of way. Due
to disturbance of both the channel and its surrounding riparian area, stream work on MN1-B will involve
447 linear feet of Enhancement I. Activities include addressing headcuts and bank erosion with a mix of
bank/floodplain grading and structure installation. Native riparian planting out to a minimum of 50 feet and
removal of invasive species will also occur along this reach. MN1-C, the most degraded portion of MN1,
will undergo 356 linear feet of stream Restoration, entailing the design and construction of a stable
meandering channel with appropriate width/depth ratio and cross -sectional area. Restoration activities will
include using log and rock structures to provide vertical stability, assist in maintaining riffle, run, and pool
features and to provide habitat features. Invasive species will be removed and replaced with native riparian
hardwoods planted out to a minimum of 50 feet.
Reach MN2- A/B
Stream mitigation along Reach MN2-A will involve 394 linear feet of Enhancement II (3:1). Within this
reach, cattle will be excluded from the buffer and riparian vegetation will be established where necessary.
Trash and debris along the left bank will be removed and major areas of channel instability will be stabilized
as part of the Project. Invasive species along this reach will be treated where necessary. One easement break
will be installed, dividing Reach MN2-A from MN2-B, to allow right of way for an existing pipeline.
Enhancement I is proposed along MN2-B (561 linear feet). Activities include addressing channel incision
and bank erosion with a mix of bank/floodplain grading and structure installation. Additionally, one
culverted livestock crossing will be removed, and cattle exclusion fencing will be installed. Native riparian
planting and seeding out to a minimum of 50 feet will also occur along this reach.
Reach MN3
Proposed mitigation along MN3 will involve 274 linear feet of Enhancement II, addressing localized
channel instability, buffer degradation, and livestock impacts. Enhancement activities will include
installation of grade control structures and stabilizing the banks. In -stream structures such as brush bed sills
will be installed for stability and to improve habitat. Habitat will further be improved through buffer
plantings to a minimum of 50 feet and livestock exclusion.
Reach MN4- A/B
Enhancement I is proposed for 201 linear feet along Reach MN4-A to address channel instability, buffer
degradation, and continued livestock impacts. Enhancement activities will include installation of grade
control structures, stabilizing the banks, planting the buffer, and excluding cattle. In -stream structures such
as rock sills, brush toes, and constructed riffles will be installed for stability and to improve habitat. Native
riparian vegetation will be planted and cattle exclusion fencing will be installed. Enhancement III (5:1) is
proposed along MN4-B (258 linear feet). Work done along this reach will primarily involve the installation
of cattle exclusion fencing, supplemental planting, seeding, and protection of the riparian buffer out to at
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least 50 feet. Invasive species will be treated where necessary. One farm crossing bisects MN4, allowing
landowner and livestock access through the parcel.
Reach MN5- A/B
Preservation along MN5-A is proposed for 51 linear feet and will protect the stability and functionality of
the channel in perpetuity. Cattle exclusion fencing will be installed along the easement boundary adjacent
to the right bank. The remaining portion of the reach, MN5-B, will involve 206 linear feet of Enhancement
1. Enhancement activities will include installation of grade control structures, stabilizing the banks, planting
the buffer, and excluding cattle. In -stream structures such as inline step pools and constructed riffles will
be installed for stability and to improve habitat. Habitat will further be improved through buffer plantings
to a minimum of 50 feet and the installation of livestock exclusion fencing along the easement boundary
adjacent to the right bank.
Reach MN6- A/B
Proposed mitigation along Reach MN6-A involves 416 linear feet of Enhancement III (7:1), which will
entail invasive species treatment, supplemental planting, and buffer protection to a minimum of 50 feet. As
the reach enters the agricultural field, currently active row crops, it transitions to MN6-B where 228 linear
feet of stream will be restored. Restoration will involve the design and construction of a stable meandering
channel with appropriate width/depth ratio and cross -sectional area. Activities will include the use of log
and rock structures to provide vertical stability, assist in maintaining riffle, run, and pool features and to
provide habitat features. Native riparian hardwoods and seed mixes will be planted out to a minimum of 50
feet to improve habitat and nutrient uptake along the reach.
Reach MN7- A/B
Enhancement II is proposed for both MN7-A (2.5:1) and MN7-B (3:1). Enhancement activities will include
installation of grade control structures, stabilizing the banks, and planting the buffer. In -stream structures
such as rock sills, brush toes, and constructed riffles will be installed for stability and to improve habitat.
Habitat will further be improved by seeding and planting a native riparian buffer to a minimum of 50 feet
and removing invasive species where necessary. MN7-A measures 352 linear feet while MN7-B is 462
linear feet. One farm crossing will be installed, splitting the reach into MN7-A and MN7-B, which will be
utilized by the landowner for access throughout the parcel.
Reach MN8
Stream Preservation is proposed for Reach MN8 (370 linear feet) as it is a stable channel with a well -
established riparian buffer. Its stream and habitat will be protected in perpetuity. One easement break will
be installed separating MNI-A and MN8 from MN1-B to allow for an existing pipeline right of way.
4.3 Potential Wetland Enhancement and Preservation
Four small areas of potential wetland are being proposed throughout the Project, WA, WB, WC, and WD.
Wetland Enhancement is being proposed throughout WA, WB, and WD, equaling 0.368 acres in total.
These areas will be enhanced by removing cattle and establishing native wetland vegetation throughout.
This Enhancement will provide 0.123 WMUs. Wetland Preservation is being proposed in WC and will
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equal 0.160 acres and 0.016 WMUs. This area will be fenced off from cattle and protected in perpetuity,
allowing the wetland to continue functioning at its highest potential.
5 MONITORING
Stream stability, hydrology, and vegetation survival will be monitored across the site to determine the
success of the stream and wetland mitigation. Stream stability will be monitored with cross section surveys
and visual assessment stream walks. Vegetation survival rates will be monitored using vegetation plots over
approximately two percent of the planted area. The success criteria for the Project will follow current
accepted and approved success criteria presented in the USACE Stream and Wetland Mitigation Guidelines,
and subsequent agency guidance. Monitoring reports will be prepared annually and submitted to the
Interagency Review Team (IRT). Specific success criteria components are presented below.
5.1 Reference Ecosystems
An appropriate local reference community will be identified and surveyed during the mitigation plan phase.
5.2 As -Built Survey
An as -built topographic survey will be conducted immediately following construction to document
floodplain grading, channel planform, profile, and dimension. The survey will include a complete profile
of centerline, thalweg, water surface, bankfull, and top of bank to compare with future geomorphic data.
Longitudinal profiles will not be required in annual monitoring reports unless requested by the IRT.
5.3 Visual Monitoring
Visual monitoring of all mitigation areas will be conducted a minimum of twice per monitoring year by
qualified individuals. A Current Conditions Plan View (CCPV) and associated tables will be submitted
every monitoring year in the annual monitoring report. The Current Condition Plan View (CCPV) provides
the spatial distributions and qualitative performance ratings for certain monitoring features. Visual
assessments will include vegetation density, vigor, invasive species, and easement encroachments. Visual
assessments of stream stability will include a complete stream walk and structure inspection. Digital images
will be recorded at fixed representative locations during each monitoring event, as well as at any noted
problem areas or areas of concern. Results of visual monitoring will be presented in a plan view exhibit
with a brief description of problem areas and digital images. Photographs will be used to subjectively
evaluate channel aggradation or degradation, bank erosion, success of riparian vegetation and effectiveness
of erosion control measures. Longitudinal photos should indicate the absence of developing bars within the
channel or an excessive increase in channel depth. Lateral photos should not indicate excessive erosion or
continuing degradation of the banks over time. A series of photos over time should indicate successional
maturation of riparian vegetation.
5.4 Cross Sections
Permanent cross -sections will be installed at approximately one per 20 bankfull widths with half in pools
and half in riffles on all reaches that include restoration or significant channel stabilization or two cross -
sections per 1,000 linear feet for very narrow streams within the project. All cross-section measurements
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will include bank height ratio and entrenchment ratio. There should be minimal changes in the annual
monitoring cross sections from the as -built cross sections. If changes do take place, they will be evaluated
to determine if they represent a movement toward a less stable condition (for example down -cutting or
erosion) or are minor changes that represent an increase in stability (for example settling, vegetative
changes, deposition along the banks, or decrease in width/depth ratio). Channel stability should be
demonstrated through a minimum of four bankfull events documented in the seven-year monitoring period.
Cross-section surveys will occur in monitoring Years 1, 2, 3, 5, and 7.
5.5 Vegetative Success Criteria
Vegetation monitoring plots will be a minimum of 0.02 acres in size and cover approximately two percent
of the planted area. The following data will be recorded for all trees in the plots: species, height, planting
date (or volunteer), and grid location. Monitoring will occur each year during the monitoring period. The
interim measures of vegetative success for the Projects will be the survival of at least 320 planted three-
year old trees per acre at the end of Year 3 and 260 five-year old trees per acre at the end of Year 5. The
final vegetative success criteria will be the survival of 210 trees per acre with an average height of 10 feet
at the end of Year 7 of the monitoring period. Invasive and noxious species will be monitored and controlled
so that none become dominant or alter the desired community structure of The Project. If necessary, EBX,
LLC will develop a species -specific control plan.
5.6 Adaptive Management
The Mitigation Plan will include a detailed adaptive management plan that will address how potential
problems are resolved. In the event that the Project or a specific component of the Project fails to achieve
the defined success criteria, RES will notify the USACE of the need to develop necessary adaptive
management plans and/or implement appropriate remedial actions for the Project. Remedial action required
will be designed to achieve the success criteria specified previously, and will include identification of the
causes of failure, remedial design approach, work schedule, and monitoring criteria that will take into
account physical and climatic conditions. If needed, a corrective action plan will be created to change the
management of the Project, to meet success criteria. Once the Corrective Action Plan is prepared and
finalized RES will:
1. Notify the 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.
3. Obtain other permits as necessary.
4. Prepare Corrective Action Plan for review and approval by IRT.
5. Implement the Corrective Action Plan.
Provide the IRT a Record Drawing of Corrective Actions. This document shall depict the extent
and nature of the work performed.
6 BANK ESTABLISHMENT AND OPERATION
6.1 Establishment and Operation of the Bank
Bank parcels shall be established under the terms and conditions of the RES Cape Fear 02 Umbrella
Mitigation Banking Instrument (UMBI) made and entered into by and among EBX, LLC, and the USACE,
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the United States Environmental Protection Agency (USEPA), the USFWS, the National Marine Fisheries
Services, the NCDWR, and the North Carolina Wildlife Resources Commission, collectively, the IRT.
6.2 Proposed Credit Release Schedule
All credit releases will be based on the total credit generated as reported in the approved mitigation plan of
the project. Under no circumstances shall any mitigation project be debited until the necessary Department
of the Army (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 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 Project fails to meet the specified performance standard. The release of project credits will be
subject to the criteria described in Table 7 and Table 8.
6.2.1 Initial Allocation of Released Credits
The initial allocation of released credits, as specified in the mitigation plan can be released by the IRT with
written approval of the DE upon satisfactory completion of the following activities:
a) Execution of the UMBI by the Sponsor and the USACE
b) Approval of the final mitigation plan
c) Mitigation site must be secured
d) Delivery of financial assurances
e) Recordation of the long-term protection mechanism and title opinion acceptable to the USACE
f) Issuance of the 404-permit verification for construction of the Project, if required
6.2.2 Subsequent Credit Releases
The second credit release will occur after the completion of implementation of the Mitigation Plan and IRT
approval of the Baseline Monitoring Report and As -built Survey. 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. As projects approach milestones associated with credit release, the Sponsor
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.
RES Cape Fear
Umbrella Mitigation Bank
21
Instrument Modification
March 2021

Table 7. Stream Credit Release Schedule
Interim
Total
Telease
ilestone
it Release Activity
Release
Released
1
Site Establishment (includes all required criteria stated above)
15%
15%
Completion of all initial physical and biological
2
15%
30%
improvements made pursuant to the Mitigation Plan
Year 1 monitoring report demonstrates that channels are
3
°
10 /°
°
40/°
stable and interim performance standards have been met
Year 2 monitoring report demonstrates that channels are
4*
°
10 /°
°
50/°
stable and interim performance standards have been met
Year 3 monitoring report demonstrates that channels are
5
10%
60%
stable and interim performance standards have been met
Year 4 monitoring report demonstrates that channels are
6°5%
6*
stable and interim performance standards have been met
5%
(75 /° )
Year 5 monitoring report demonstrates that channels are
75%
7
10%
stable and interim performance standards have been met
(85%**)
Year 6 monitoring report demonstrates that channels are
80%
8
stable and interim performance standards have been met
5%
(90%**)
Year 7 monitoring report demonstrates that channels are
90%
9
stable and interim performance standards have been met
10%
(100%**)
project has received close-out approval.
*Please note that vegetation plot data may not be required with monitoring reports submitted during these
monitoring years unless otherwise stated by the Mitigation Plan or directed by the IRT.
** 10% reserve of credits to be held back until the bankfull event performance standard has been met.
RES Cape Fear Instrument Modification
Umbrella Mitigation Bank 22 March 2021

Table 8. Wetland
Credit Release Schedule
Veleav
Interim
Total
Milestone
Release Activity
Release
Released
Site Establishment (includes all required criteria stated
I
15%
15%
above)
2
Baseline Monitoring Report and As -built Survey
15%
30%
First year monitoring report demonstrates performance
3
10%
40%
standards are being met.
Second year monitoring report demonstrates
4
10%
50%
performance standards are being met.
Third year monitoring report demonstrates
5
15%
65%
performance standards are being met.
6
Fourth year monitoring report demonstrates
5%
70%
performance standards are being met.
Fifth year monitoring report demonstrates performance
7
15%
85%
standards are being met.
Sixth year monitoring report demonstrates
8
5%
90%
performance standards are being met.
Seventh year monitoring report demonstrates
9
performance standards are being met, and project has
10%
100%
received close-out approval.
6.3 Financial Assurances
The Sponsor shall provide financial assurances in the form of a Performance Bond to the IRT sufficient to
assure completion of all mitigation work, required reporting and monitoring, and any remedial work
required. Financial assurances shall be payable at the direction of the USACE to the project designee or to
a standby trust. Financial assurances structured to provide funds to the USACE in the event of default by
the Bank Sponsor are not acceptable. A financial assurance must be in the form that ensures that the USACE
receives notification at least 120 days in advance of any termination or revocation.
6.4 Proposed Ownership and Long -Term Management
EBX, LLC, acting as the Bank Sponsor, will establish a Conservation Easement, and will monitor the
Project for a minimum of seven years. The Mitigation Plan will provide detailed information regarding
bank operation, including long term management and annual monitoring activities, for review and approval
by the IRT. Upon approval of the projects by the IRT, the project will be transferred to a long-term land
steward. The long-term steward shall be responsible for periodic inspection of the project to ensure that
restrictions required in the Conservation Easement or the deed restriction document(s) are upheld.
Endowment funds required to uphold easement and deed restrictions shall be negotiated prior to site transfer
to the responsible party.
The Bank Sponsor will ensure that the Conservation Easement will allow for the implementation of an
initial monitoring phase, which will be developed during the design phase and conducted by the Bank
RES Cape Fear Instrument Modification
Umbrella Mitigation Bank 23 March 2021

Sponsor. The Conservation Easement will allow for yearly monitoring and, if necessary, maintenance of
the project during the initial monitoring phase. These activities will be conducted in accordance with the
terms and conditions of the RES Cape Fear 02 Umbrella Mitigation Bank made and entered into by EBX,
LLC and USACE.
6.5 Assurance of Water Rights
Sufficient water rights exist to support the long-term sustainability of the Project, as there are no "severed"
rights on the property.
RES Cape Fear Instrument Modification
Umbrella Mitigation Bank 24 March 2021

7 References
North Carolina National Heritage Program (NCNHP). 2020. "North Carolina Natural Heritage Data
Explorer." https://ncnhde.natureserve.org/. (Accessed October 2020).
North Carolina Department of Environmental Quality (NCDEQ). "Classifications." Water Resources
https:Hdeq.nc.gov/about/divisions/water-resources/planning/classification-
standards/classifications. (Accessed October 2020).
NC DEQ. "Cape Fear River Basin Wide Water Quality Plan." Cape Fear 2005.
https:Hfiles.nc.gov/ncdeg/Water%20Qualiiy/Planning/BPU/BPU/Cape Fear/Cape%20Fear%20P1
ans/2006%20Plan/CPF%202005.pdf (Accessed October 2020).
North Carolina Department of Environment and Natural Resources (NCDENR) 2012. "Water Quality
Stream Classifications for Streams in North Carolina." Water Quality
http://portal.ncdenr.org/web/wq/home. (Accessed October 2020).
North Carolina Department of Natural and Cultural Resources (NCDNCR). 2020. "NC State Historic
Preservation Office." NCSHPO. hit2s://www.ncdcr.gov/about/histoDL/division-histon*cal-
resource s/nc-state -hi ston* c-preservation-office (Accessed October 2020).
North Carolina Division of Water Quality (NCDWQ). 2010. "Methodology for Identification of
Intermittent and Perennial Streams and Their Origins." NC DWR.
https ://file s.nc.gov/ncdeg /Water%20Qualily/Surface%20 W ater%20Protection/40 I /Policie s_Guid
es Manuals/StreamID v_4pointl l_Final_sept_01_2010.pdf. (Accessed October 2020).
United States Environmental Protection Agency (USEPA). 2002. "Ecoregions of North Carolina and
South Carolina." US EPA. https://www.epa.gov/eco-research/ecoregion-download-files-state-
region-4. (Accessed October 2020).
United States Fish and Wildlife Service (USFWS). 2018. "Threatened and Endangered Species in North
Carolina." North Carolina Ecological Services.
https://www.fws.gov/raleigh/species/cntylist/union.html. (Accessed October 2020).
United State Department of Agriculture — Natural Resource Conservation Service (USDA NRCS). 2020.
Web Soil Survey; http:Hwebsoilsurvey.nres.usda.gov. (Accessed October 2020).
RES Cape Fear Instrument Modification
Umbrella Mitigation Bank 25 March 2021

Figures

--'L 21 1
m
27—O
:135
Sa
zls3 zlal
21Sa
7135 l
7'.b5 I
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a
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2t78
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Legend
Proposed Easment
14 Digit HUC - 03030002050040
Cape Fear River Basin - 03030002
5 Mile Aviation Zone
- Other Managed Area (NC NHP January 2021)
2'42
J
n S81 1eensboro
0
D Q
High Poi
0
a'
ro
Tobacco Road
Mitigation Project
ham
Chapel Hill
Raleig
0
Natual Areas (NC NHP January 2021)
35.973487,-79.282131
" Figure 1- Project Vicinity Date: 3/2/2021
w E Tobacco Road Drawn by: EJU
s 0 0.5 1 Mitigation Project Checked by: JRM esMile Alamance County, North Carolina

I /
AA.
WWI
i
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Legend gnnlap
ParcelProposed Easment
Project Parcel C.0
Access Road
���'
0
Figure
• A��.� • �►i�
.ems,:!:.; •;•��r�1 Tobacco Road
Feet Alarnance County, North Carolina
^a a
fires

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Appendix A — NC DWR Stream Determination

NC DWQ Stream Identification Form Summary
REACH
tR1A
tRi B.F
tR2
MN1
MN2
MN3
MN4
MN5
MN6
MN7
MNB
Coordinates
NA
NA
NA
NA
3597279559
-792854854
35979392
-79 M045721
35978W6
-7928236823
3597495065
-7928402652
35973W551
-7928401044
3597193262
-7928684087
3597015845
-7928952535
35 W351952
-7929188984
3597988129
-7927975397
A. Geomorphology (Subtotal =)
11.5
19
6
12.5
6
12.5
9.5
7.5
12
3
7.5
is Continuity of channel bed and bank
2
3
1
2
1
2
2
2
2
1
1
2. Sinuosity of channel along thalweg
2
2
1
2
1
1
1
0
2
0
2
3. In -channel structure: ex. riffle -pool, step -pool,
e- ool seguence
2
3
1
1
1
2
1
1
1
1
1
4. Particle size of stream substrate
2
3
1
2
0
2
2
2
0
0
1
5. Active/relict 0ootlplain
0
2
0
1
0
1
1
0
2
0
0
6. Depositional bars or benches
1
2
0
1
1
1
1
1
2
0
1
7. Recent alluvial deposits
1
2
0
1
1
1
0
1
1
0
0
8. Heaccuts
0
0
1
1
0
1
1
0
1
0
0
9. Grade control
0.5
0.5
0
0
0
0
0
0
0
0
0
10. Natural valley
1
1.5
1
1.5
1
1.5
0.5
0.5
1
1
1.5
11. Second or greater order channel
0
0
0
0
0
0
0
0
0
0
0
(SubtotalB. Hydrology
12. Presence of Baseflow
15. Sediment on plants or debris
16. Organic debris lines or piles
17. Soil -based evidence of high water table?
C. Biology (Subtotal =)
6
7
5
6
6
5
6
6
5
6.75
6
18. Fibrous roots in streambetl
3
3
2
3
2
2
3
3
2
2
2
19. Rooted upland plants in streambetl
3
3
2
3
3
3
3
3
2
3
3
20. Macrobenthos (note diversity and
abuntlance
0
0
1
0
1
0
0
0
1
1
1
21. Aquatic Mollusks
0
0
0
0
0
0
0
0
0
0
0
22. Fish
0
1
0
0
0
0
0
0
0
0
0
23. Crayfish
0
0
0
0
0
0
0
0
0
0
0
24. Amphibians
0
0
0
0
0
0
0
0
0
0
0
25. Algae
0
0
0
0
0
0
0
0
0
0
0
26. Wetland plants in streambetl
0
0
0
0
0
0
0
0
0
0.75
0
Total Points Subtotal= 25.5 1 36 1 22 1 25 1 21 1 25 1 23.5 1 22.5 1 25.5 1 19.25 1 22.5
Stream Determinationj Intermittent I Perennial I Intermittent I Intermittent I Intermittent I Intermittent I Intermittent I Intermittent I Intermittent I Intermittent I Intermittent

Appendix B —
Landowner Authorization
Forms

LANDOWNER AUTHORIZATION FORM
PROPERTY LEGAL DESCRITION:
PIN Number: 9810596562
Street Address: 5249 Thom Road, Graham, NC 27253
Property Owner (please print): M ,4(LV l N � 6'L✓ /�� (/V L r /t�
PropeKply Owner -(please print -),-
The undersigned, registered property owner(s) of the above property, do hereby authorize
Resource Environmental Solutions, the NC Department of Environmental Quality, and the US
Army Corps of Engineers, their employees, agents or assigns to have reasonable access to the above
referenced property for the evaluation of the property as a potential stream, wetland and/or
riparian buffer mitigation project, including conducting stream and/or wetland determinations and
delineations, as well as issuance and acceptance of any required permit(s) or certification(s).
Property Owners(s) Address: c/o /V C--- V'' L / A/
(if different from above)
� ✓����I�ti��iv.F� � III �_ `z 7� � ��-
Property Owner Telephone Number: 57 S
I/We hereby certify the above information to be true and accurate to the best of my/our knowledge.
(Property Own1W Authorized Signature)
(Date)
(Property Owner Authorized Signature) (Date)

Landowner Authorization Form
Site: Tobacco Road (Greeson)
Property Legal Description
Deed Book/Page: 3217/0243
County: Alamance
Parcel ID Numbers: 9810273348
Street Address: 4870 Mineral Springs Road, Apt A, Graham, NC 27253
Property Owner: Steven Gerald Greeson and wife Deedra Greeson
Resource Environmental Solutions, the NC Division of Water Resources, and the US Army Corps of Engineers,
their employees, agents or assigns to have reasonable access to the above referenced property for the evaluation of
the property as a potential stream, wetland, and or riparian buffer restoration project, including conducting stream
and or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or
certification(s).
Property Owner Address: 4870 Mineral Springs Road, Apt A, Graham, NC 27253
I/We hereby certify the above information to be true and accurate to the best of my/our knowledge.
(Property Owner Authorized Signature)
(Property Owner Printed Name)
EN I
Date
(Property Owner Authorized Signature) Date
FNEW--r►.ra
(Property Owner Printed Name)
4846-3189-9210, v. 1

Appendix C — Existing Conditions Photo Log

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