BPDP Review - EMH Farms

From: Merritt, Katie
To: Baker. Caroline D
Cc: Hartshorn. Blake
Subject: FW: BPDP Review - EMH Farms
Date: Wednesday, March 15, 2023 5:33:08 PM
Attachments: EMH Farms BPDP DWRedits.odf
File email thread below and the attachment as 1 pdf. Thank you
From: Merritt, Katie
Sent: Wednesday, March 15, 2023 5:32 PM
To: Kevin Yates<[e-mail]>
Subject: BPDP Review - EMH Farms
Hey Kevin,
Pursuant to Titles 15A NCAC 02B .0295 and 15A NCAC 02B .0703 (e), a provider shall submit a
project plan proposal to the Division for review and approval that includes specific elements of the
project. On October 20, 2022, Clearwater Mitigation Solutions, LLC (Clearwater) submitted a Bank
Parcel Development Package (Plan) for the EMH Farms Site, to the Division, for review and
approval. According to the initial review by DWR staff of the subject Plan, some elements were
either not provided, not explained thoroughly, not accurate or lacking in sufficient information.
Therefore, until DWR receives an updated Plan addressing all comments and edits provided in the
attached 1) comment summary and 2) PDF version of the document itself, DWR cannot finalize the
review of the Plan or issue an approval of the Plan. In an effort to be as efficient as possible at
providing comments to Clearwater during this busy time, I have provided my comments in a
different format. Attached are the comments & edits provided within the actual PDF of a condensed
Plan (without Appendices) as well as a comment summary.
When Clearwater is ready to submit their final project Plan, please include a summary of all
Clearwater's responses to the DWR comments acknowledging how Clearwater addressed the
comments. Please upload the final Plan using our Mitigation Project Information Upload Form
through this link: https://edocs.deQ.nc.gov/Forms/Mitigation_ Information_ Upload . Please note the
DWR ID# 2022-1493 (version 1) on all electronic submissions for this project.
Thank you for your patience during this time and if you have any difficulty reading though the
comments or edits please let me know.
Katie
Katie Merritt
Nutrient Offset & Buffer Banking Coordinator
401 & Buffer Permitting Unit
North Carolina Department of Environmental Quality
Office: 919-707-3637
Work Cell: 919-500-0683
Website:

https:Hdeq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-
permitting-branch
512 N. Salisbury Street, Raleigh, NC 27620
1617 Mail Service Center, Raleiah. NC 27699-1617
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

1D#p* 20221493 Version* 1
Select Reviewer:'"
Katie Merritt
Initial Review Completed Date 11/1412022
Mitigation Project Submittal - 10/20/2022
Is this a Prospectus, Technical Proposal or a New Site?*
Type of Mitigation Project:*
Stream Wetlands Buffer Nutrient Offset
tSalecl ail that apply)
Project Contact Information
Company/Owner: * Clearwater Mitigation Solutions, Ll-C
Contact Name:
Kevin Yates
Project Information
Project Type: DMS o Mitigation Bank
Project Name: ErMH Farm Buffer Mitigation Bank
County: Guilford
Document Information
Yes No
Email Address: *
CLEARWATERMITIGATION@GMA
ILCOM
Mitigation Document Type:*
Mitigation Plans
File Upload: 2022-October DRAFT EMH
25.22MB
_ Farm_SPDPw.Appendices.pdf
Please upload only one PDF of the Complete file that needs to be submitled...
Signature
Print Name:* Kevin Yates
Signature.*
C��iY �r�rr�enJ

BANK PARCEL DEVELOPMENT PACKAGE
EMH Farms Buffer Mitigation Bank
Guilford County, NC
Randleman Watershed — Cape Fear River Basin
NCDWR Project No. ****
Sponsored by:
Clearwater Mitigation Solutions
CLEARWATER MITIGATION
1) I. II T 1 0 N A
POC: Kevin Yates
Ph: 919-624-6901
604 Macon Place
Raleigh, North Carolina
October 2022
Prepared by:
Axiom Environmental, Inc.
A-)m F. nv,rommnnlal. Inc.
POC: Grant Lewis
218 Snow Avenue
Raleigh, North Carolina 27603
This mitigation plan was written in conformance with the following:
North Carolina consolidated buffer mitigation rule 15A NCAC 02B .0295, effective November 1, 2015 and the
Randleman Lake Buffer Protection Rule (15A NCAC 02B .0724)

TABLE OF CONTENTS
1.0 INTRODUCTION............................................................................................................... 4
1.1 BANK LOCATION... ............................. ................................................................................... _.. 4
1.2 BANK OVERVIEW.......................................................................................................................
5
1.3 PROJECTGOALS........................................................................................................................
5
2.0 PROJECT AREA — EXISTING CONDITIONS..........................................................................
6
2.1 PHYSIOGRAPHY.........................................................................................................................
6
2.2 BANK FEATURES........................................................................................................................
6
2.3 SOILS.......................................................................................................................................
7
2.4 VEGETATION.............................................................................................................................7
2.5 THREATENED AND ENDANGERED SPECIES.......................................................................................
8
2.6 CULTURAL RESOURCES................................................................................................................
9
2.7 NORTH CAROLINA NATURAL HERITAGE ELEMENTS...........................................................................
9
2.8 FEMA....................................................................................................................................
9
2.9 UTILITIES..................................................................................................................................9
2.10 OTHER ENVIRONMENTAL CONDITIONS.........................................................................................
9
3.0 RIPARIAN RESTORATION, ENHANCEMENT, AND PRESERVATION PLAN ..........................
10
3.1 RIPARIAN AREA RESTORATION ACTIVITIES.....................................................................................
10
3.2 RIPARIAN BUFFER ENHANCEMENT..............................................................................................
11
3.3 RIPARIAN BUFFER PRESERVATION ACTIVITIES................................................................................
11
3.4 CREDIT RELEASE SCHEDULE........................................................................................................
11
4.0 MONITORING AND MAINTENANCE PLAN......................................................................
12
4.1 MONITORING PROTOCOL..........................................................................................................
12
4.2 BANK MAINTENANCE...............................................................................................................
12
4.3 LONG-TERM MANAGEMENT PLAN..............................................................................................
13
4.4 EASEMENT BOUNDARIES AND FENCING........................................................................................
13
5.0 FINANCIAL ASSURANCE................................................................................................. 13
6.0 MITIGATION POTENTIAL............................................................................................... 14
7.0 REFERENCES..................................................................................................................14
Bank Parcel Development Package Table of Contents page i
EMN Farms Buffer Mitigation Bank Clearwater Mitigation Solutions
Guilford County, North Carolina October2022

TABLES
Table 1. Ecological and Water Quality Goals................................................................................. 5
Table2. Project Features............................................................................................................... 7
Table 3. Web Soil Survey Soils Mapped within the Site................................................................ 7
Table 4. Threatened and Endangered Species............................................................................... 8
Table 5. Proposed Bare -Root Planting Plan................................................................................. 10
Table F. Credit Release Schedule................................................................................................. 11
Bank Parcel Development Package Table of Contents page ii
EMN Farms Buffer Mitigation Bank Clearwater Mitigation Solutions
Guilford County, North Carolina October2022

APPENDICES
Appendix A. Figures and Credit Determination
Figure 1. Site Location and Service Area
Figure 2. USGS Topo Quad
Figure 3. NRCS Soil Survey
Figure 4. Historic Aerial Imagery
Figure 5. Existing Conditions
Figure 6. Restoration Plan
Figure 7. Planting Plan
Figure S. Credit Determination
Figure 9. Monitoring Plan
Table 7. Project Credits
Appendix B. Agency Letters/Correspondence
NCDWR Stream Determination Letter, July 26, 2021
NCDWR Site Viability Letter, September 24, 2021
Appendix C. Data
NCDWR SWIT Forms
Site Photos
Appendix D. Threatened and Endangered Species Data
Summary Letter of Federally Protected Species Survey
North Carolina Natural Heritage Program (NCNHP) Report
USFWS IPaC Resource List
Appendix E. Environmental Data Resources (EDR) Report Executive Summary
Appendix F. Conservation Easement
Bank Parcel Development Package Table of Contents page iii
EMH Farms Buffer Mitigation Bank Clearwater Mitigation Solutions
Guilford County, North Carolina October2022

1.0 INTRODUCTION
Clearwater Mitigation Solutions (Sponsor) is pleased to provide this Bank Parcel Development
Package (BPDP) for the EMH Farms Buffer Mitigation Bank (Bank). The Bank was made under
terms and conditions of the FMH Farms Mitigation Banking Instrument (MBI). The Bank is
designed to provide riparian buffer mitigation credits for unavoidable impacts due to
development within the Randleman watershed of the Cape Fear River Basin per the Randleman
Nutrient Strategy (15A NCAC 02B .0724). The Bank shall be planned and designed according to
the Banking Instrument with NCDWR, and the Consolidated Mitigation Rule 15A NCAC 028.0295,
which became effective on November 1, 2015.
Stormwater runoff from the Bank drains directly to unnamed tributaries to the Deep River, just
upstream from the Randleman Reservoir. According to the Final Cape Fear River Basin
Restoration Priorities (NCEEP 2009), this watershed should be targeted for restoration to protect
the critical area that ultimately drains into the WS-IV water supply at Randleman Reservoir. The
proposed mitigation activities will reduce sediment and nutrient levels and improve water quality
within the Bank and their downstream watersheds. The Banat includes the restoration,
enhancement, and preservation of riparian areas along three unnamed tributaries in Guilford
County, NC. The sole purpose of the Bank is to provide riparian buffer mitigation credits to
mitigate for buffer impacts within the Randleman Lake Watershed, Hydrologic Unit Code (HUC)
03030003 and the NCDWR Sub -basin 03-06-08 of the Cape Fear River Basin.
All riparian areas were assessed by NCDWR during an onsite visit to determine viability for buffer
mitigation (NCDWR Site Viability Letter, Appendix B). Approximately 26.31 acres will be
protected with a permanent conservation easement. Of those 26.81 acres, 21.39 acres will be
restored, 1.16 acres will be enhanced by supplementally planting partially forested riparian areas,
and 2,90 acres will be preserved. Riparian restoration/enhancement area widths on streams will
extend out to a maximum of 200 feet from the top of bank with a minimum width of 20 from top
of banks. Riparian buffer enhancement and preservation credits generated on this Bank Parcel
are allowed pursuant to 15A NCAC 02B .0295 (n) and 15A NCAC 02B .0295 (o)(5), respectively.
No nutrient offset credit will be generated on the Bank. Figure 8 shows the Credit Determination
Map and Section 3.0 provides details of the mitigation determination on the Bank.
1.1 Bank Location
Located in the South Atlantic/Gulf Region approximately 4 miles east of Archdale, NC in
southwest Guilford County (Figure 1, Appendix A), the Bank is hydrologically situated within the
USGS 14-digit HUC 03030003010050 of the Cape Fear River Basin and Randleman Lake
Watershed (North Carolina Division of Water Quality 5ubbasin Number 03-06-08).
Directions to the Site from Raleigh, North Carolina.
Y Head west on 1-40 for 69 miles
Just after Exit 220, stay left, following signs for 1-85 Bus S
Continue onto 1-85BL S/US-29 S/US-70 W, and travel 2.8 miles
Bonk Parcel Development Package page 4
FMH Farms Buffer Mitigation Bank Clearwater Mitigation Solutions
Guilford County, North Carolina October2022

Take Exit 33 toward 1-73 N/Groometown Road
Keep left at the fork, following signs for Groometown Road
:- Turn left onto Groometown Road
The Site on the right after 5.7 miles
o Site Latitude, Longitude
35.91942N,-79.89412W (WG584)
1.2 Bank Overview
The Bank encompasses 26.81 acres of land containing unnamed tributaries to Deep River. It is
located in a region of the state dominated by agriculture and livestock but is also affected by
urban runoff from nearby Archdale and High Point. Restoration of the riparian buffer is expected
to result in immediate water quality benefits within the vicinity of the Rank through the removal
of livestock access to Bank streams, as well as the establishment of riparian vegetation.
UTs 10 2, and 3 are present onsite and were deemed subject to the Randleman Lake Buffer
Protection Rule (15A NCAC 02B .0724) by NCDWR in correspondence dated September 24, 2021
(NCDWR Site Viability Letter, Appendix B). The upper portion of UT2 (Feature E-1) and Feature
E-2 are ephemeral streams and were determined to be not subject. The drainage areas of site
streams range from 0.007 mi# to 0.24 miz. Additional present and historical land use practices
including the maintenance and removal of riparian vegetation and the relocation, dredging and
straightening of onsite streams resulted in degraded water quality and unstable channel
characteristics (stream entrenchment, erosion, bank collapse, and stream aggradation).
1.3 Project Gods
The major goals of the proposed riparian buffer project are to provide ecological and water
quality enhancements to the Randleman watershed by restoring the riparian area to create a
functional riparian corridor. Specific enhancements to water quality and ecological processes are
outlined in Table 1.
Table 1. Ecolop.i'cal and Water Quality Goals
Goal
Objective
Nutrient input will be decreased by filtering runoff from the agricultural
Decrease nutrient levels
fields through restored native buffer zones. The off -site nutrient input will also
be absorbed on -site by filtering flood flows through restored floodplain areas,
where flood flows can disperse through native vegetation.
Decrease Sediment Input
Sediment from off -site sources will be captured by deposition on restored
floodplain areas where native vegetation will slow overland flow velocities.
Decrease water temperature
Planted riparian trees will shade the streams as they mature reducing
and increase dissolved oxygen
thermal pollution.
concentration
Create appropriate riparian
Riparian areas adjacent to ditches and streams will be restored by planting
habitat
native vegetation.
Permanently protect the parcel
A conservation easement will be recorded on the Bank.
from harmful uses
Bonk Parcel Development Package page 5
EMH Farms Buffer Mitigation Bank Clearwater Mitigation Solutions
Guilford County, North Carolina October2022

2.0 PROJECT AREA — EXISTING CONDITIONS
2.1 Physiography
Situated within the Southern Outer Piedmont portion of the Piedmont Ecoregion of North
Carolina, the Banks's regional physiography is characterized by dissected irregular plains; low
rounded hills and ridges; and low to moderate gradient streams with mostly cobble, gravel, and
sandy substrates. On -site elevations range from a high of 802-feet NGVD above the upper
reaches of UT 2 to a low of approximately 750-feet NGVD at the Bank outfall (USGS High Point
East, North Carolina 7.5-minute topographic quadrangle). Surrounding land use consists
primarily of wooded and agricultural land, with some low -density residential housing (Figure 5,
Appendix A).
Historically, livestock have had indiscriminate access to most of the Parcel streams, resulting in
degradation of stream banks. Riparian vegetation adjacent to tributaries is mainly herbaceous
and disturbed due to livestock grazing and other maintenance activities. Mature forest exists at
the upper reach of UT 1, and a small area of disturbed mature forest is located at the downstream
extent of UT 1 (Figure 5, Appendix A). These conditions were confirmed by Katie Merritt
(NCDWR) during the September 21, 2021 site visit and in the accompanying viability letter
(Appendix B),
2.2 Bank Features
The Bank includes three unnamed tributaries (UT 1-3) and two ephemeral reaches (E 1-2) (Figure
6, Appendix A) which flow to Randleman Reservoir. There is also an existing ditch (E 3) which is
proposed to be plugged and filled as part of Bank restoration activities. The Randleman Reservoir
is a regional water supply and stream buffer protection rules are in place throughout the
watershed. Photos showing current site conditions (as of April 2022) of the Bank are provided in
Exhibit C.
The classification and subjectivity calls for the Bank were approved by NCDWR in an onsite visit
with Sue Homewood on July 1, 2021. A letter dated July 26, 2021 sent by NCDWR indicated UTs
1, 2, and 3 are subject to the Randleman Lake Buffer Protection Rule (15A NCAC 02B .0724). The
upper portion of UT2 (feature E-1) and Feature E-2 are ephemeral streams and were determined
to be not subject (NCDWR Stream Determination letter, Appendix B). An additional Site visit to
determine viability for buffer mitigation was held with Katie Merritt on September 16, 2021. All
features were determined to be viable for riparian buffer credit generation per rule 15A NCAC
02B .0295 (NCDWR Site Viability Letter, Appendix A).
Bonk Porcel Development Package
FMN Farms Buffer Mitigation Bank
Guilford County, North Carolina
page 6
Clearwater Mitigation Solutions
October2022

Table 2. Proieet Features
NCDWR Feature ID
In Field Classification
Subject to Buffer Rules
Buffer Credit Viable
UT 1
Intermittent/Perennial
Yes
Yes
UT 2
Intermittent/Perennial
Yes
Yes
UT 3
Intermittent/Perennial
Yes
Yes
E 1
I Ephemeral
No
Yes
E 2
Ephemeral
No
Yes
13
Ditch c 3' depth
No
Yes"
* Must meet contingencies per rule 15A NCAC 02B .0295 (8), however, no credit is proposed on this feature.
2.3 Soils
Soils that occur within the Site, according to the Web Soil Survey (USDA 2022) are described in
the following table.
Table 3. Web Soil Survev Soils Maimed within the Site
Map Unit
Map Unit Name
Mydric Status
Description
Symbol
(Classification)
This series consists of frequently flooded, somewhat poorly
Nan-hydric
Chewacla loam
but may
drained soils found on floodplains with 0-2 percent slopes. The
ChA
(Fluvaquentic Dystrudepts)
contain hydric
parent material is loamy alluvium derived from igneous and
inclusions
metamorphic rock. Depth to the water table is 6-24 inches and
depth to restrictive features is more than 80 inches.
This series consists of very deep, well drained, slowly
Non-hydric
permeable soils on ridgetops, The parent material is residuum
EnB, EnD
Enon fine sandy loam
but may
weathered from mafic or intermediate igneous and high-
(Ultic Hapludalfs)
contain hydric
grade metamorphic rocks such as diorite, gabbro, diabase, or
inclusions
hornblende gneiss or schist. Depth to bedrock is more than
60 inches. Slopes are 2-15 percent.
This series consists of very deep, moderately well -drained,
Helen a-Sedgefield complex
Non-hydric
slowly permeable soils found on Piedmont ridges and hill
Hhf3
(Aquic Hapludalfs Aquultic
but may
slopes. The parent material is residuum weathered from a
Hapludalfs)
contain hydric
mixture of feisic, intermediate, or mafic igneous or high-grade
inclusions
metamorphic rock. Depth to the seasonal high-water table is
1.5 to 2.5 feet.
This series consists of very deep, well drained, slowly
Mhe2
Mecklenburg sandy clay loam
Non-hydric
permeable soils. The parent material is intermediate and
(Ultic Hapludalfs)
mafic crystalline rocks of the Piedmont uplands. Depth to
bedrock is more than 50 inches. Slopes are 2-25 percent.
2.4 Vegetation
The Bank is characterized primarily by actively grazed pasture with scattered disturbed forest.
Agricultural land is maintained for livestock grazing and has been planted with fescue (Festuca
sp.). Natural recruits of dog fennel (Eupatorium copillifolium), clover (Trifolium spp.), blackberry
(Rebus spp.), as well as other opportunistic herbaceous species grow sporadically throughout the
Bank, The area surrounding the downstream reach of UT 1 is disturbed wetland, which is
characterized by rushes (Juncos spp.), knotweed (polygonum spp), and sedges (Carex spp.).
Disturbed forest is largely cleared of understory species due to livestock pruning and is composed
Bank Parcel Development Package page 7
EMH Farms Buffer Mitigation Bank Clearwater Mitigation Solutions
Guilford County, North Carolina October2022

of sweetgum (Liquidambar styraciflua), red maple (Ater rubrum), eastern red cedar (luniperus
virginiona), various oaks (Quercus spp.), sycamore (Plotanus occidentalis), and hornbeam
(Carpinus coraliniona).
2.5 Threatened and Endangered Species
Based on a search of the USFWS Information for Planning and Consultation (IPK) database on
September 7, 2022, two federally protected species are listed for the project area. Table 4 lists
the federally protected species and indicates if potential habitat exists within the Bank for each;
preliminary biological conclusions and summaries follow. Additionally, the bald eagle (Holiaeetus
leucocepholus) is protected by the Bald and Golden Eagle Protection Act; however, habitat for
the bald eagle is not present within the Bank. The IPaC resource list, NCNHP report, and summary
letter of the federally protected species survey are included in Appendix D.
Table 4. Threatened and Endangered Species
Species
Federal Status
Habitat at Site
Biological
SummarySummary
Habitat exists in or near the project
Small Whorled Pogo
Threatened
Yes
No Effect
boundaries but will not be affected
(lsatria medealaides)
by restoration activities.
Habitat exists in or near the project
Schweinitz's sunflower
Endangered
Yes
No Effect
boundaries, but a survey concluded
(Nelianthus schweinitzii)
that no specimens are present.
Small Whorled Pogonia (Isotrio medeoloides)
Small whorled pogonia is found in open, dry deciduous or mixed pine -deciduous forest, or along
stream banks. Examples of areas providing suitable conditions (open canopy and shrub layer
with a sparse herb layer) where small whorled pogonia has been found include old fields,
pastures, windthrow areas, cutover forests, old orchards, and semi -permanent canopy breaks
along roads, streams, lakes, and cliffs. In the Mountains and Piedmont of North Carolina, this
species is usually found in association with white pine (Pinus strobus). Marginally suitable habitat
is present in disturbed mixed hardwood areas within the project boundaries, but these areas will
not be adversely affected by restoration activities; therefore, this project will have No Effect on
small whorled pogonia.
Schweinitz's sunflower (Helianthus schweinitzii)
Schweinitz's sunflower is endemic to the Piedmont of North and South Carolina. The few sites
where this rhizomatous perennial herb occurs in relatively natural vegetation are found in Xeric
Hardpan Forests. The species is also found along roadside rights -of -way, maintained power lines
and other utility rights -of -way, edges of thickets and old pastures, clearings and edges of upland
oak -pine -hickory woods and Piedmont longleaf pine forests, and other sunny or semi -sunny
habitats where disturbances (e.g., mowing, clearing, grazing, storms, frequent fire) help create
open or partially open areas for sunlight penetration to the ground. Suitable habitat is present
within the project boundary, so a survey was conducted on September 15, 2022, The survey
Bank Parcel Development Package
FMH Farms Buffer Mitigation Bank
Guilford County, North Carolina
page 8
Clearwater Mitigation Solutions
October 2022

determined that no individuals are present, and therefore this project will have No Effect on
Schweinitz's sunflower.
2.6 Cultural Resources
The term "cultural resources" refers to prehistoric, or historic archaeological sites, structures, or
artifact deposits over SO years old. "Significant" cultural resources are those that are eligible or
potentially eligible for inclusion in the National Register of Historic Places. Evaluations of site
significance are made with reference to the eligibility criteria of the National Register (36 CFR 60)
and in consultation with the North Carolina State Historic Preservation Office (SHPO).
Field visits were conducted at the Bank in the spring and summer of 2022 to ascertain the
presence of structures or otherfeatures that may be eligible for inclusion on the National Register
of Historic Places. No structures were identified within proposed easement boundaries;
however, coordination with SHPO will occur prior to construction activities to determine if any
significant cultural resources are present.
7.7 North Carolina Natural Heritage Elements
A search of the North Carolina Natural Heritage Program (NHP) database was conducted to
identify areas within or around the Bank that are already known to support fare species.
According to NHP files, no federally or state -protected species are known to occur within or
within a one -mile radius of the Bank. Additionally, the Randleman Lake managed area (Piedmont
Triad Regional Water Authority) is located within one mile of the Bank (Appendix D).
2.8 FEMA
Inspection of the FEMA Flood Insurance Rate Maps 3710773900J, Panels 7739 and 7738,
effective June 18, 2007, indicates that the project is not located within a flood area. Therefore,
a "Conditional Letter of Map Revision" (CLOMR) is not necessary for this Site.
2.9 Utilities
No utilities are located within easement boundaries. A Duke Energy powerline right-of-way runs
along the roadside adjacent to the eastern edge of the easement boundary, and a transmission
line runs just north of the Bank (Figure S, Appendix A). Bank restoration activities will not affect
the adjacent utility easements.
2.10 Other Environmental Conditions
An Environmental Data Resources, Inc (EDR) Radius Map Report with Geocheck was ordered for
the Parcel on September 7, 2022. Neither the target property nor the adjacent properties were
listed in any of the Federal, State, or Tribal environmental data bases searched by EDR. The
executive summary of the EDR report is included in the Appendix E.
Bonk Parcel Development Package
FMN Farms Buffer Mitigation Bank
Guilford County, North Carolina
page 9
Clearwater Mitigation Solutions
October 2022

3.0 RIPARIAN RESTORATION, ENHANCEMENT, AND PRESERVATION PLAN
The riparian area will be restored through the revegetation of native plant communities. Detailed
analysis of plant communities and the planting plan follow. The riparian restoration areas will be
surveyed and information provided in the As -Built report. Areas where existing mature
vegetation exists are eligible for riparian buffer enhancement and preservation credit, depending
on existing stem density (Figure 8, Appendix A),
3.1 Riparian Area Restoration Activities
Riparian area restoration will involve planting appropriate native tree species along the riparian
corridor throughout Bank riparian restoration areas (21.96 acres). Vegetation management and
herbicide applications may be needed over the first few years of tree establishment in the
riparian restoration areas to prevent encroachment of undesirable species that may out -compete
the planted native vegetation. Tree species planted across the Bank are anticipated to include a
mixture of the species listed in Table 5. Species availability may result in the substitution of
regionally appropriate native species. A minimum of 4 species of trees and shrub collectively
will be planted. Final species composition and density will be detailed in the As -built Report.
Riparian Buffer Restoration will occur on the site as follows (Figures 8, Appendix A). Note that all
areas of restoration from TOB to 29 feet will extend a minimum of 20 feet from TOB, and all areas
of restoration from TOB to 200 feet will extend a minimum of 30 feet from the TOB.
• UT-1: TOB-29 feet, TOB-200 feet
• UT-2: TOB-200 feet
• UT-3: TOB-200 feet
• E-1: TOB-200 feet
• E-2: TOB-200 feet
Table S. Pronosed Bare -Root Plantine Plan
Common Name
Scientific Name
% of Total Planted Trees
Canopy Type
River birch
Betula nigra
15
Canopy
Tulip poplar
Liriodendron tuliplfera
10
Canopy
Red mulberry
Morus rubra
5
Midstory
Black gum
Nyssa sylvatica
10
Midstory
Sycamore
Platanus occidentalis
10
Canopy
Mockernut hickory
carya tomentoso
5
Canopy
Swamp chestnut oak
Quercus michauxii
10
Canopy
Water oak
Quercus nigra
10
Canopy
Willow oak
Quercus phellos
10
Canopy
Shumard oak
Quercus shumardii
10
Canopy
American elm
Ulmus americana
5
Canopy
Trees will be planted at a density of approximately 680 stems per acre on 8-foot centers,
sufficient to meet the performance standards outlined in Rule 15A NCAC 02B .0295 of 260
planted trees per acre at the end of five years of monitoring. In addition, bare -root tree stock
Bonk Parcel Development Package page 10
EMH Farms Buffer Mitigation Bank Clearwater Mitigation Solutions
Guilford County, North Carolina October 2022

will be sufficient mixed during planting to ensure diversity and that no one tree species will be
greater than 50% of the established stems. An appropriate seed mix of annual and perennial
species will also be applied to provide temporary and permanent ground cover for soil
stabilization and reduction of sediment loss during rain events in areas without existing
herbaceous cover. Planting is tentatively scheduled for February 2023.
3.2 Riparian Buffer Enhancement
Riparian buffer enhancement will include supplementally planting and permanently protecting
existing riparian buffer from livestock via exclusionary fencing, cutting, clearing, filling, grading,
and any similar activities that would affect the functionality of the riparian buffer (Figure 8,
Appendix A). These areas are primarily described as disturbed mixed hardwoods. Buffer credits
sought in the enhancement area are allowed pursuant to 15A NCAC 02B .0295 (n). The
enhancement area will extend a maximum of 200 feet from the top of bank with a minimum
width of 20 from top of banks.
3.3 Riparian Buffer Preservation Activities
Riparian buffer preservation will include permanently protecting existing riparian buffer from
cutting, clearing, filling, grading, and any similar activities that would affect the functionality of
the riparian buffer. Areas specified for Preservation, as defined in 15A NCAC 02B .0295, are
shown in Figure 8 (Appendix A). These areas are primarily described as mixed hardwoods, with
the number of high value species above 200 per acre. They are areas where livestock are
currently fenced out, and there has been little or no historic livestock access.
3.4 Credit Release Schedule
Table 6. Credit Release Schedule
Task
Project Milestone
% Credit
Available
for Sale
1
BPDP Approved by NCDWR, Conservation Easement Recorded, and Financial Assurance Posted
20
2
Mitigation Site Earthwork, Planting and Installation of Monitoring Devices Completed
20
3
Monitoring Financial Assurance Posted and NCDWR Approval of As -Built Report
10
4
Monitoring Report #1: Approved by NCDWR** & Financial Assurance renewed
10
5
Monitoring Report #2: Approved by NCDWR** & Financial Assurance renewed
10
6
Monitoring Report #3: Approved by NCDWR** & Financial Assurance renewed
10
7
Transfer or assign the conservation easement and all its interests, in perpetuity, to a land trust
or stewardship program
5
Note: No remaining credits will be released until the conservation easement has been assigned to
an approved land trust or stewardship program
8
Monitoring Report #4: Approved by NCDWR*# & Financial Assurance renewed
5
9
Monitoring Report #5 & Project Closeout: Approved by NCDWR**
10
Total
100%
** DWR Approval provided upon determination that the site is meeting performance standards contained within
the approved BPDP.
Bank Parcel Development Package page 11
EMH Farms Buffer Mitigation Bank Clearwater Mitigation Solutions
Guilford County, North Carolina October2022

4.0 MONITORING AND MAINTENANCE PLAN
4.1 Monitoring Protocol
Permanent vegetation monitoring plots will be installed and evaluated within the riparian buffer
restoration areas to measure the survival of the planted trees. The plots will be 100 square
meters each and will be randomly placed throughout the planted riparian areas. A total of
nineteen (19) plots (2,08% of the restoration/enhancement credit generating area) will be
established within the riparian restoration areas (Figure 9, Appendix A).
Vegetation assessments will be conducted and follow the Carolina Vegetation Survey (CVS) Level
2 Protocol for Recording Vegetation (Lee et. all, 2008). A reference photo will be taken from the
origin point of each plot and provided in the annual reports. All planted stems will be marked
with flagging tape and recorded.
Planting is scheduled for February 2023. The Sponsor will notify NCDWR within 30 days of
completion, and failure to do so may delay the credit -release schedule. The first annual
monitoring activities will commence at the end of the first growing season, at least five months
after planting has been completed and no earlier than the fall season. Species composition,
height, and survival rates will be evaluated on an annual basis by plot. The total number of
volunteer woody stems will also be documented and reported. The measure of vegetative
success for the Parcel will be the survival of at least four native hardwood tree species, where no
one species is greater than 50% of the established planted stems, and an established density of
at least 260 planted trees per acre at the end of monitoring year five. Appropriate and desirable
native volunteer species may be included in the Bank's density to meet the performance
standards with NCDWR approval.
The Sponsor shall submit the annual monitoring report to NCDWR by December 31 of each year
for five consecutive years and will follow the terms and conditions of the EMH Farms Mitigation
Banking Instrument.
4.2 Bank Maintenance
In the event that the Bank or a specific component of the Bank fails to achieve success criteria as
outlined in section 4.1A remedial action plan will be developed and implemented with the
approval of NCDWR. Other vegetation maintenance and repair activities may include pruning,
mulching, and fertilizing. If exotic invasive plant species require treatment, such species will be
controlled by mechanical (physical removal with the use of a chainsaw) and/or chemical methods
(aquatic approved herbicide) in accordance with North Carolina Department of Agriculture
(NCDA) rules and regulations.
The easement boundary will be checked annually as part of monitoring activities. Easement
boundary conditions and any maintenance performed will be reported in the annual monitoring
reports to NCDWR. If mowing is deemed necessary by the Sponsor during the monitoring period,
Bonk Parcel Development Package
FMN Forms Buffer Mitigation Bank
Guilford County, North Carolina
page 12
Clearwater Mitigation Solutions
October2022

the Sponsor must receive approval from NCDWR prior to conducting any mowing activities within
Randleman Buffer Zones 1 and 2 to ensure that no buffer violations have occurred.
4.3 Long -Term Management Plan
A Permanent Conservation Easement will preserve all areas and prohibit all use of the property
inconsistent with its use as mitigation property including any activity that would materially alter
the biological integrity of the Bank. The sponsor has requested the North Carolina Wildlife
Habitat Foundation (NCWHF) will agree to be holder of the easement. The Sponsor will provide
an endowment to the NCWHF to hold and enforce the Conservation Easement and its interests
in perpetuity. T4-.e r^^ Gn Font WR wed on
at G-01ford C mint tourthmig in Bid Beek
(nix F-.)
4.4 Easement Boundaries and Fencing
Easement boundaries will be identified in the field to ensure clear distinction between the Parcel
and adjacent properties. Boundaries may be identified by cattle fence, marker, bollard, post,
tree -blazing, or other means as allowed by site conditions and/or conservation easement.
Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced on an as
needed basis.
5.0 FINANCIAL ASSURANCE
Following approval of the EMH Farms Bank Parcel Development Package, the Sponsor shall
provide a Performance Bond from a surety that is rated no less than an " A-" as rated by A. M.
Best. The performance bond amount shall be 100% of the estimated cost for implementation of
the project as described in the Bank Parcel Development Package, but not less than $ 150,000.
In lieu of posting the performance bond, the Sponsor may elect to construct the project prior to
the first credit release. In that case, no performance bond will be necessary.
After completion of the restoration/ construction, a separate performance/ maintenance bond
will be secured for 100% of the estimated cost to implement the monitoring and maintenance
plan but not less than $ 100,000. The performance/ maintenance bond shall apply at the
inception of the monitoring period for a term of one year and be extended annually for a
minimum of five years. Upon DWR approval, this may be lowered each year based on the
adjusted cost to complete the monitoring.
Performance bonds for monitoring shall be renewed at least annually to cover the next year' s
monitoring period, with confirmation of renewal provided to DWR with each annual monitoring
report when applicable. DWR reserves the right to alter the credit release schedule if monitoring
reports are submitted without proof of bond renewals when applicable.
Bonk Parcel Development Package
FMN Farms Buffer Mitigation Bank
Guilford County, North Carolina
page 13
Clearwater Mitigation Solutions
October2022

6.0 MITIGATION POTENTIAL
The EMH Farms Mitigation Bank will provide Randleman Lake buffer mitigation credits for
development impacts within the Randleman Lake Watershed (Figure 8 and Table 7, Appendix A
and NCDWR Site Viability Letter, Appendix B). The width of the credit generation areas will begin
at the most landward limit of the top of bank or the rooted herbaceous vegetation and extend
landward a maximum distance of 200 feet where the Sponsor is able. No buffer mitigation credit
generation areas will be less than 20 feet in width from TOB.
The Sponsor will maintain two (2) credit ledgers, if applicable, for the Bank under the MBI: one
(1) for Buffer Restoration mitigation credits and one (1) for Buffer Preservation and Enhancement
mitigation credits, both in square feet and acres.
7.0 REFERENCES
Griffith, G.E., J.M. Omernik, J.A. Comstock, M.P. Schafale, W.H. McNab, D.R. Lenat, T.F.
MacPherson, J.B. Glover, and V.B. Shelbourne. 2002. Ecoregions of North Carolina and
South Carolina. U.S. Geological Survey, Reston, Virginia.
Information for Planning and Consultation (IPaC). 2022. United States Fish and Wildlife Service
(online). Available: https://ipac.ecosphere.fws.gov/ (September 7, 2022).
Randleman Lake Buffer Protection Rule 15A NCAC 02B .0724
Lee, M.T., R.K. Peet, S.D. Roberts, and T.R. Wentworth. 2008. CVS-EEP Protocol for Recording
Vegetation, Level 1-2 Plot Version 4.2. Ecosystem Enhancement Program, North
Carolina Department of Environment and Natural Resources.
Natural Resources Conservation Service (NRCS). 2022. Web Soil Survey (online). Available:
http://websoilsurvey.nres.usda,gov/app/ [August 31, 2022]. United States Department
of Agriculture.
Schafale, M.P. and A.S. Weakley. 2012. Classification of the Natural Communities of North
Carolina: Fourth Approximation, North Carolina Natural Heritage Program, Division of
Parks and Recreation, N.C. Department of Environment, Health, and Natural Resources.
Raleigh, North Carolina.
Bank Parcel Development Package page 14
FMH Farms Buffer Mitigation Bank Clearwater Mitigation Solutions
Guilford County, North Carolina October 2022

APPENDIX A
FIGURES AND CREDIT DETERMINATION
Figure 1. Site Location and Service Area
Figure 2. USG5 Topo Quad
Figure 8. NRCS Soil Survey
Figure 4, Historic Aerial Imagery
Figure 5. Existing Conditions
Figure 6. Restoration Plan
Figure 7. Planting Plan
Figure 8. Credit Determination
Figure 9. Monitoring Plan
Table 7. Project Credits
Bank Parcel Development Package
EMH Farms Buffer Mitigation Bank
Guilford County, North Carolina
Appendices
Clearwater Mitigation Solutions
October 2022

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