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HomeMy WebLinkAboutBPDP Review - Creeping Swamp C-DFrom: Merritt, Katie To: Menefee -Dunn. Barbara A Subject: FW: BPDP Review - Creeping Swamp C-D Date: Wednesday, September 20, 2023 4:33:24 PM Attachments: Draft BPDP CreepinaSwampCD DWRedits.pdf Barbara, Please file the email thread below with the attached Comment Summary as 1 pdf in Laserfiche. Date: Today File Name: Subject line of email DWR#: 2022-0620v4 Thank you so much, Katie From: Merritt, Katie Sent: Wednesday, September 20, 2023 4:30 PM To: Jenkins, Barrett <Barrett.Jenkins@davey.com> Cc: Hartshorn, Blake <blake.hartshorn@deq.nc.gov> Subject: BPDP Review - Creeping Swamp C-D Hey Barrett, 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 March 9, 2023, Restoration Systems, LLC (RS) submitted a Bank Parcel Development Package (Plan) for the Creeping Swamp C-D 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 IRS during this busy time, I have provided my comments in a unique format. Attached are the comments & edits provided within the actual PDF of a condensed Plan (without Appendices) as well as a comment summary. When IRS is ready to submit their final project Plan, please include a summary of all responses by IRS to the DWR comments acknowledging how IRS 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- 0620 (version 4) 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 Blake or I 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://deq.nc.gov/about/divisions/water-resources/water-quality permitting/401-buffer- permitting-branch NEW EMAIL!! katie.merrittPdeq.nc.gov 512 N. Salisbury Street, Raleigh, NC 27620 1617 Mail Service Center, Raleigh, 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. Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official. BANK PARCEL DEVELOPMENT PACKAGE CREEPING SWAMP PHASE C❑ NUTRIENT OFFSET BANK PARCEL NEUSE RIVER BASIN DWR ID#: 2022-XXXXX Bank Parcel Sponsor Restoration Systems, LLC POC: Barrettlenkins(bjenkins@restoratio nsystems.com) Ph: 919-755-9490 1101 Haynes Street, Suite 211 Raleigh, North Carolina 27604 BANK PARCEL DEVELOPMENT PACKAGE CREEPING SWAMP PHASE CD NUTRIENT OFFSET BANK PARCEL March 8, 2823 TABLE OF CONTENTS 1.0 Introduction.....................................................................................................................................1 2.0 Mitigation Project Summary ............................................................................................................1 2.1 Project Goals.........................................................................................................................1 2.2 Existing Parcel Conditions.....................................................................................................2 2.3 Watershed Characterization.................................................................................................3 2.4 5oi Is....................................................................................................................................... 4 2.5 Geology.................................................................................................................................4 2.6 Existing Vegetative Communities.........................................................................................4 2.7 Threatened and Endangered Species...................................................................................4 2.8 Cultural Resources and Significant Natural Heritage Areas .................................................5 2.9 FEMA Floodplain Compliance...............................................................................................5 2.10 Parcel Location, Parcel Constraints, and Access..................................................................5 2.11 Other Environmental Conditions..........................................................................................5 3.0 Site Protection Instrument.............................................................................................................. 5 4.0 Mitigation Work Plan.......................................................................................................................6 4.1 Parcel Preparation................................................................................................................6 4.2 Diffused Flow........................................................................................................................6 4.3 Riparian Area Restoration Activities.....................................................................................7 5.0 Monitoring and Maintenance Plan..................................................................................................8 5.1 Monitoring Protocol.............................................................................................................8 5.2 Parcel Maintenance....................................................................................................•--....... 8 5.3 Parcel Protection & Easement Boundaries..........................................................................9 &0 Financial Assurances and Long -Term Management........................................................................9 6.1 Financial Assurances.............................................................................................................9 6.2 Long Term Management Plan............................................................................................ 10 7.0 Project Credit Potential.................................................................................................................. 10 8.0 Credit Release................................................................................................................................10 9.0 References.....................................................................................................................................10 Creeping Swamp Phase CD, Bank Parcel Development Plan (DWR I)#: xxxx-xxxxj Table of Contents pg. i Neuse River Basin 8-Digit HUC:03020202 TABLES Table 1: Ecological and Water Quality Goals........................................................... Table 2: Project Attributes & Timeline.................................................................... Table 3: Project Features......................................................................................... Table 4: Project Soil Types and Descriptions ........................................................... Table 5: Bank Parcel Fee SimpleOwnership ............................................................ Table 6: Diffuse Flow Summary............................................................................... Table 7: Proposed Hardwood and Shrub Bare Root Planting Plan by Species ........ Table 8: Proposed Seed Mix..................................................................................... Table 9: Creeping Swamp Phase CD DWR# XXXX-XXXX, Project Credit Table......... APPENDICES Appendix A — Figures, Historic Aerial Imagery (EDR), Existing Condition Photos Figure 1— Parcel Location and Service Area Figure 2 —Site Map and Existing Conditions Figure 3 — USGS Map Figure 4 — MRCS Map Figure 5 — Restoration Plan Figure 6 — Credit Map Figure 7 — Monitoring Map Historic Aerial Imagery — EDR Parcel Photos— Existing Conditions Appendix B — DWR Correspondence Appendix C — USDA, MRCS Web Soil Survey Report Appendix D — NHP & USFWS Reports Appendix E — EDR Report Appendix F — SHPO Correspondence Appendix G —Template Conservation Easement ................................1 ................................ 2 ................................ 3 ................................ 4 ................................ 6 ................................ 6 ................................ 7 ................................ 7 ..............................11 Creeping Swamp Phase CD, Bank Parcel Development Plan {DWR [D#: xxxx-xxxxj Table of Contents pg. ii Neuse River Basin 8-Digit HUC: 03020202 Bank Parcel Development Package Creeping Swamp Phase CD Nutrient Offset Bank Parcel Craven County, NC— Neuse River Basin 1.0 Introduction Creeping Swamp Phase CD Nutrient Offset Bank Parcel ("Parcel" or "Site") is proposed under the terms and conditions of the proposed Restoration Systems Neuse 02 Nutrient Offset Umbrella Banking Instrument (UBI), which will be made and entered into by Restoration Systems, LLC (RS), acting as Bank Sponsor (Sponsor), and the North Carolina Department of Environmental Quality (NCDEQ), Division of Water Resources (DWR). The Parcel shall be planned and designed according to the MBI, 15A NCAC 02B .0703, and the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295. Located in Craven County, North Carolina, the project encompasses 107.32 acres of waterways and land utilized for row crop production. The project will restore the riparian area in accordance with the buffer mitigation rule 15A NCAC 02B .0295(n) along six (6) unnamed streams and eight (8) ditches with hydrologic connection to the Creeping Swamp and subsequently the Neuse River. The primary purpose of the Parcel is to provide nutrient offset credits for stormwater and wastewater requirements within the United States Geological Survey (USGS) Cataloging Unit 03020202. The Parcel is located on one tract of land 6 miles northwest of Vanceboro and upstream Creeping Swamp draining to Swift Creek and subsequently the Neuse River. The Parcel is located approximately 6 miles north of the town of Vanceboro in Craven County, east of NC Highway 43, north of Wilmar Road and east of Pollard Swamp Road. (Appendix A, Figure 1). Laura Lancaster and Dixie Pratt are the current fee simple owners of the tracts of land associated with the Bank Parcel, which has been historically and is currently used as agricultural fields with minimal existing forest/non-agricultural area. The Parcel is within the Neuse River Basin 14-digit USGS Cataloging Unit 03020202090030 of the Swift Creek [North Carolina Division of Water Quality [NCDWQj Sub -basin Number 03-04-09) (Appendix A, Figure 1). DWR representatives conducted on -site stream determinations and provided a Stream Determination letter far the Parcel May 13, 2022, and two Site Viability for Buffer & Nutrient Offset letters were provided by the Division on December 6, 2022 for Phase C and D respectively. Both Phases are included in the BPDP as one Parcel. All letters are provided in Appendix B. 2.0 Mitigation Project Summary 2.1 Project Goals The primary goals of the proposed nutrient offset project are to provide ecological and water quality enhancements to the Neuse River Basin by restoring the riparian area to create a functional, forested, riparian corridor. Specific improvements to water quality and ecological processes are outlined below in Table 1. Table 1: Ecological and Water Quality Goals Goal Objective Nutrient input will be decreased by filtering runoff from the agricultural fields Decrease nutrient levels 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. Creeping Swamp Phase CD, Bank Parcel Development Plan+DWR I D#: 202 2-xxxxy Pg. ] Neuse River Basin 8-Digit HUC: 03020202 Table 1: Ecological and water Quality Goals (Continued) Goal Objective 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 thermal and increase dissolved pollution. oxygen concentrations Create appropriate Buffer areas will be restored by planting native vegetation. terrestrial habitat Permanently protect the project Parcel from harmful A conservation easement will be recorded on the Parcel. uses 2.2 Existing Parcel Conditions The proposed nutrient offset project includes approximately 107.32 acres of open agricultural fields along six streams and eight ditches all draining to Creeping Swamp. The agricultural fields are currently being used for row crop production, including cotton, soybeans, and corn. In addition, the farmer regularly applies fertilizers and herbicides to the fields (Appendix A, Figure 3). Land use and general site conditions have not changed since the site photos in Appendix A were taken. Site features predominantly originate on -site, and all drain to Creeping Creek immediately downstream. A review of historic aerials shows the property has been historically and consistently utilized for row crop production (Appendix A). Table 2: Project Attributes & Timeline Project Name Creeping Swamp Phase CD Nutrient Offset Mitigation Site Hydrologic Unit Code 03020202 River Basin Neuse Geographic Location (Lat, Long) 35.388885,-77.198574 Site Protection Instrument (DB, PG) To be recorded Total Credits 97.94 acres (222,626 Ibs nitrogen offset credits) Types of Credits Nitrogen Offset Credits BPDP Date September 2023 Initial Planting Date February 2024 Baseline Report Date March 2024 MY1 Report Date December 2024 MY2 Report Date December 2025 MY3 Report Date December 2026 MY4 Report Date December 2027 MY5 Report Date December 2028 Creeping Swamp Phase CD Bank Parcel Development Plan (DWR ID#: xxxx-xxxx) Pg. 2 Neuse River Basin 8-digit HUC: 03020202 DWR performed an on -site visit of the Parcel to determine applicability to the Neuse Buffer Rules (15A NCAC 02B .0714) and viability to provide nutrient offset credits. A copy of both the "On -Site Origin Determination for Applicability to the Neuse Buffer Rules" and "Site Viability for Buffer Mitigation and Nutrient Offset" are provided in Appendix B. In addition, a summary of their determinations, specific to Parcel Features, is shown in Table 3 for Phase C and Phase D respectively and correlated with stream segments as labeled in Figure 3, Appendix A. There have been no changes to land use in the project area since DWR's site visit, and project photos contained in Appendix A were taken. Table 3: Project Features PHASE C DWR Feature ID In Field Classification Subject to Buffer Rules Nutrient offset Viability UTA Stream Yes Yes 1 Ditch <3' depth No Yes 2 Ditch No No 3 Ditch >3' depth No Yes 4 Ditch No Not assessed UTC Stream Yes Yes (non -forested fields only) 5 Ditch No Yes 6 Ditch No Yes 7 Ditch No Yes 8 Ditch No Not assessed UTB Stream Yes Yes 9 Ditch >3' depth No Yes 10 Ditch >3' depth No Yes 11 &12 Swales No No PHASED DWR Feature ID In Field Classification Subject to Buffer Rules Nutrient Offset Viability UTD Stream Yes Yes (non -forested fields only) 1 Ditch r3' depth No Yes (left bank only) 2 Ditch No Yes (right bank only) 3 Ditch >3' depth No Yes (left bank only) 4 Ditch >3' depth No Yes UTE Stream Yes Yes (non -forested fields only) 5 Ditch No No 6 Ditch No Na UTF Stream No Yes (non -forested fields only) 2.3 Watershed Characterization The Parcel is located within USGS HUC 03020202 and DWR Subbasin 03-04-09. Features include one unnamed stream and two ditches draining into that stream, all draining to Creeping Swamp, which is classified as C, SW and NSW by DWR. Class C waters are designated for recreational use, agriculture, fishing and fish consumption, and the maintenance of biological integrity for wildlife. The Sw is for swamp waters and the NSW designation applies to surface waters that are experiencing excessive growths of microscopic or macroscopic vegetation. Creeping Swamp Phase CD Bank Parcel Development Plan (DWR ID#: xxxx-xxxx) Pg. 3 Neuse River Basin 8-digit HUC: 03020202 The Parcel topography, as indicated on the 2019 Wilmar, NC USGS 7.5-minute topographic quadrangle, shows gently sloped areas throughout the Parcel (Figure 4). Land uses draining to the project reaches are primarily agriculture with some forested use. 2.4 Soils The Parcel is mapped by the Craven County Soil Survey. Project soils are described below in Table 4. An image of the paper copy of the 1981 Soil Survey of Craven is provided in Figure 5. A custom soil report is provided in Appendix C. Table 4: Project Soil Types and Descriptions Map Unit Percent of Hydric Symbol Map Unit Name Bank Parcel Soil Rating CrB Altavista fine sandy loam, 0 to 2 percent slopes 0.5 No GoA Goldsboro loamy fine sand, 0 to 2 percent slopes 9.9 No La Leaf silt loam 24.8 Yes Le Lenoir silt loam 28.1 No Lynchburg fine sandy loam, 0 to 2 percent slopes, Atlantic L y Coast Flatwoods 13.0 No Rains fine sandy loam, 0 to 2 percent slopes, Atlantic Ra Coast Flatwoods 4.4 Yes Ro Roanoke fine sandy loam 19.4 Yes Source: https.//usebsoilsurvey.sc.egov.usda.govIApp/HomePage.htm 2.5 Geology The Parcel is in the Coastal Plain physiographic province. The landscape is characterized by flatlands to gently rolling hills and valleys. The Coastal Plain primarily consists of marine sedimentary rocks comprised of sand, clay, and limestone formed through the deposition of estuarine and marine sediments within the last 140 million years. According to the Geologic Map of North Carolina (1985), the underlying geology of the Parcel is mapped as the York Town Formation. The Formation is described as Fossiliferous clay with varying amounts of fine-grained sand, bluish gray, shell material commonly concentrated in lenses: mainly in area north of Neuse River and including Duplin Formation consisting of Shelly, medium to coarse grained sand. 2.6 Existing Vegetative Communities Existing vegetation within the Parcel consists of active row crop fields, as shown in the attached site photos (Appendix A). 2.7 Threatened and Endangered Species The NC Natural Heritage Program (NHP) database was searched for federally listed threatened and endangered plant and animal species within one mile of the Parcel. Four species, the Regal Darner (Coryphaeschna ingens), Coppery Emerald (Somatochlora georgiana), Phantom Darner (Triacanthagyna trifida), Banded Sunfish (Enneacanthus obesus), and Beadle's coreopsis (Coreopsis palustris) were listed as being last observed in prior to 2004. The project footprint however had no occurrences and the habitat Creeping Swamp Phase CD Bank Parcel Development Plan (DWR ID#: xxxx-xxxx) Pg. 4 Neuse River Basin 8-digit HUC: 03020202 is not suitable. The US Fish and Wildlife Service (FWS) was similarly queried for occurrences and listed six species that could occur in the area. The Northern Lang -eared Bat (Myotis septenrionaIis), Tricolored Bat (Perimyotis subflavus), Red -cockaded Woodpecker (Picoides borealis), Eastern Black Rail (Laterallus jamaicensis ssp. Jamaicensis), Red Knot (Calidris canutus rufa) American Alligator (Alligator mississippiensis), Green Sea Turtle (Chelonia mydas), Leatherback Sea Turtle (Dermochelys coriacea), Neuse River Waterlog (Necturus lewisi), Rough -leaved Loosestrife (Lysimachia asperulaefolia) and Monarch Butterfly (Danaus plexippus), are listed or proposed for listing as federally endangered or threatened species that could occur in the area. IRS performed pedestrian surveys of the Parcel in June 2022 and determined no suitable habitat for the species within the proposed Parcel. The USFWS Self - Certification Letter and NHP Report are included in Appendix D. The presence of conditions or characteristics that can hinder restoration activities on the Parcel was evaluated. The evaluation focused primarily on the presence of hazardous materials, utilities, and restrictive easements, rare/threatened/endangered species or critical habitats, the potential for hydrologic trespass, and existing utility easements. Existing information regarding Parcel constraints was acquired and reviewed, including an Environmental Records Report developed by Environmental Data Resources Inc., which located no evidence of environmental risk associated with the Parcel {Appendix Q. In addition, any Parcel conditions that can restrict the restoration and implementation were documented during the field investigation. As a result of our review and field surveys, no known Parcel constraints exist that may hinder proposed restoration activities. Potential constraints reviewed include the following; 2.8 Cultural Resources and Significant Natural Heritage Areas There are no existing structures in the project area or on the larger tract of land. 5HPO was contacted with a request for review and comment on January 24, 2023. All communication with SHPO is included in Appendix F. Z.9 FEMA Floodplain Compliance No grading activities are proposed in the floodplain, so a floodplain development permit will not be required. Additionally, no hydraulic modeling is proposed for this project. 2.10 Parcel Location, Parcel Constraints, and Access The Parcel is in rural Craven County, approximately 6 miles northwest of the town of Vanceboro northeast of the intersection of Wilmar Road and NC Highway 43 extending to Pollard Swamp Road to the east. The Parcel is accessible for construction, monitoring, and long-term stewardship from Wilmar Road and Pollard Swamp Road (Appendix A, Figure 3). An access road and associated access easement will be detailed in the final conservation easement survey and recorded at the Craven County Register of Deeds. DOT right of ways, powerlines, and associated easements will be excluded from the conservation easement. 2.11 Other Environmental Conditions An Environmental Data Resources, Inc (EDR) Radius Map Report with Geocheck was provided for the Parcel on October 03, 2022. Neither the target property nor the adjacent properties were listed in any of the Federal, State, or Tribal environmental databases searched by EDR. The executive summary of the EDR report is included in Appendix E. 3.0 Site Protection Instrument Creeping Swamp Phase CD Bank Parcel Development Plan (DWR ID#: xxxx-xxxx) Pg. S Neuse River Basin 8-digit HUC: 03020202 The land required for planting, management, and stewardship of the mitigation project includes portions of a larger tract of land listed in Table 5. The Parcel will remain in private ownership, protected in its entirety by an approved DWR conservation easement, and managed/held by an approved DWR long-term steward under the terms detailed in the conservation easement. A template conservation easement that will be used to develop the conservation easement for this Parcel is provided in Appendix G. Table 5: Bank Parcel Fee Simple Ownership Owner Name D.B/Pg. PIN# Acreage Dixie Lancaster Pratt 3729/0936 1-051-011, 004, 003, and 002 400 Laura R Lancaster 3729/0943 1-059-001 149.94 4.0 Mitigation Work Plan The project will restore agriculturally impacted land in the Parcel footprint as shown on Figure 6 to a forested riparian corridor, protected in perpetuity, improving the ecological function of the area. In addition, the project design will ensure that no adverse impacts to wetlands or existing riparian buffers occur. Figure 6 illustrates the conceptual design for the Parcel. 4.1 Parcel Preparation The land use within 200 feet from the top of bank of project features is either forested and will not be impacted, or is agricultural land maintained for crops. Areas slated for restoration may require soil testing and will be ripped to break up compact soil. No permits are necessary, including 404 (US Army Corps of Engineers), 401 (NC Division of Water Resources), and Land Quality Erosion and Sediment Control (NC Division of Energy, Mineral, and Land Resources). Site preparation will include select herbicide treatments and/or limited mechanical clearing to remove undesirable vegetation and may include soil amendments. Where needed, invasive species will be selectively removed and/or spot treated by a licensed pesticide applicator. Two culverts exist within the proposed conservation easement footprint that are proposed to be removed at the confluence of Feature 1 and 2 and Feature B and 9, all on Phase C (Figure 6). 4.2 Diffused Flow Per DWR Buffer Interpretation/Clarification Memo #2008-019 — Diffuse Flow, stormwater carried by lateral ditches that enter buffered streams from existing ag fields will receive a 4350 sq. ft. credit deduction. The credit deduction will be calculated at start of the credit generating area from Feature 2, 5, 6, an 7 from Phase C, and Feature 4 from Phase D subject to the Diffuse Flow Memo (Appendix A, Figure 7). Table 6: Diffuse Flow Summary Feature Classification Diffuse Flow Subjectivity 2 Phase C Ditch Yes; credit deduction applied (Figure 7, Appendix A). 4 Phase D Ditch Yes; credit deduction applied (Figure 7, Appendix A). 5 Phase C Ditch Yes; credit deduction applied (Figure 7, Appendix A). 6 Phase C Ditch Yes; credit deduction applied (Figure 7, Appendix A). 7 Phase C Ditch Yes; credit deduction applied (Figure 7, Appendix A). Creeping Swamp Phase CD Bank Parcel Development Plan (DWR ID#: xxxx-xxxx) Pg. 6 Neuse River Basin 8-digit HUC: 03020202 4.3 Riparian Area Restoration Activities Riparian area restoration will involve planting appropriate native tree and shrub species along the riparian corridor. 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 Parcel are planned to include the species and percentages listed in Table 7. Bareroot stems will be well mixed prior to planting to ensure diversity of bare roots across planted areas and monitoring plots. Species availability at the time of planting may result in the substitution of the four regionally appropriate native species listed at the bottom of Table 7, with each substitute species not to exceed 10°% of total planted stems. Final species composition and density will be detailed in the As -built Report. DWR will be notified for approval prior to planting if the species density and diversity outlined in Table 7 are not available far planting. Table 7: Proposed Hardwood and Shrub Bare Root Planting Plan by Species Common Name Scientific Name % of Total Planted Trees Canopy Type River birch 8etula nigra 10% Canopy Tulip poplar Uriodendron tulipifero 5°% Canopy Red mulberry Morus rubra 10% Midstory Sycamore Platanus occidentalis 10% Canopy Swamp chestnut oak Quercus michauxii 10% Canopy Water oak Quercus nigra 10% Canopy Willow oak Quercus phellos 10% Canopy American elm Ulmus amencona 10% Canopy Red bud Cercis canadensis 5% Midstory Persimmon Diospyros vfrginfana 10% Canopy Green ash Fraxinus pennsylvanica 5% Canopy Wax myrtle Myrica cerifera 5% Shrub Proposed Substitutes Black gum Nyssa sylvatica <10% Midstory White oak Quercus albs <10°% Canopy Hackberry Ceftis occidentalis <10% Midstory Red Oak Carya iffinofnensfs <10% Canopy Trees and shrubs will be planted at a density sufficient to meet the performance standards outlined in Rule 15A NCAC 02B .0295 of 260 planted trees and shrubs per acre at the end of five years of monitoring. In addition, no one tree species will be greater than 50% of the established stems. An appropriate seed mix of annual and perennial species listed below in Table 8 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. Seed species availability may result in the substitution of regionally appropriate native species. Planting is tentatively scheduled for February 2024 at a density of 680 stems per acre on 8ft x 8ft spacing. Table 8: Proposed Seed Mix Common Name Scientific Name Annual/Perennial Plains Coreopsis Coreopsis tinctoria Annual Creeping Swamp Phase CD Bank Parcel Development Plan (DWR ID#: xxxx-xxxx) Pg. 7 Neuse River Basin 8-digit HUC: 03020202 ❑eertongue, Tioga Panicum clandestinurn Perennial Blackeyed Susan Rudbeckia hirta Perennial Purpletop Tridens flavus Perennial Lanceleaf Coreopsis Coreopsis lanceloata Perennial Clasping Coneflower Rudbeckia amplexicaulis Annual Oxeye Sunflower Heliopsis hefianthoides Perennial Common Yarrow Achillea millefolium Perennial Perennial Gaiiiardia (Blanketflower) Gaillardia aristato Perennial Purple Coneflower Echinacea purpurea Perennial 5.0 Monitoring and Maintenance Plan 5.1 Monitoring Protocol Permanent vegetation monitoring plots will be installed and evaluated within the riparian huffer restoration and nutrient offset araa5 to measure the survival of the planted trees. The plots will be randomly placed throughout the planted riparian areas. A total of 80 plots (2% of the total restoration area as shown in Figure 7) will be established within the riparian restoration areas. The total restoration area includes diffuse flow deduction areas and excludes planted areas outside of the 200 foot buffer. The size of individual quadrants will be 100 square meters. RS will mix bare root stems before planting to ensure monitoring nlntc are representative of the Parcel's diversity goals, including that no one species represents more than 50%of planted stems and there are a minimum of 4 species per monitoring plot. Vegetation assessments will be conducted and follow the Carolina Vegetation Survey (CVS) Level 2 Protocol for Recording Vegetation (2008). A reference photo will be taken from the southwestern corner of each of the 80 plots. Photos will be taken from all photo points each monitoring year and provided in the annual reports. All planted stems will be marked with flagging tape and recorded. Planting is scheduled for February 2024. 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 and survival rates will be evaluated on an annual basis by plot based on data collected on species, height, planting or volunteer date, and vigor. The total number of volunteer woody stems will also be documented and reported. The measure of vegetative success far 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 Parcel's density to meet the performance standards with DWR approval. Restoration Systems shall submit the annual monitoring report to DWR by December 31 of each year far five consecutive years and will follow the terms and conditions of the 1.161. 5.2 Parcel Maintenance If the Parcel or a specific component of the Parcel fails to achieve the success criteria outlined in Section 5.1, adaptive measures will be developed and/or appropriate remedial actions will be implemented. Site maintenance will be performed to correct any identified problems on the Parcel that have a high likelihood of affecting the project's success. Such items include but are not limited to fire, flooding, drought, or Creeping Swamp Phase CD Bank Parcel Development Plan (DWR ID#: xxxx-xxxx) Pg. 8 Neuse River Basin 8-digit HUC: 03020202 insects that cause excess tree mortality. Any actions implemented will be designed to achieve the success criteria and will include a work schedule and updated monitoring criteria. Any parcel maintenance performed will be included in the monitoring report for that year. A rigorous herbicide schedule may need to be implemented in the first few years of tree establishment in the restoration areas to prevent the establishment of invasive species that may out -compete the planted native vegetation. The only herbicides used on the Parcel will be aquatic approved herbicides that will be applied in accordance with North Carolina Department of Agriculture 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 DWR. If mowing is deemed necessary by the Sponsor during the monitoring period, the Sponsor must receive approval from DWR priorto conducting any mowing activities within Neuse Buffer Zones 1 and 2 to ensure that no buffer violations have occurred. 5.3 Parcel Protection & Easement Boundaries Easement boundaries will be identified in the field to ensure clear distinction between the Parcel and adjacent properties. Boundaries may be identified by fence, marker, post, tree -blazing, or other means as allowed by site conditions and/or conservation easement and will be clearly marked prior to the Task 2 site visit by DWR. Boundary markers that have been disturbed, damaged, or destroyed will be repaired and/or replaced on an as needed basis. Contact information for the conservation easement holder will be included on easement markers. A complete and detailed survey of the easement boundaries will be included in the As -Built Report. In accordance with the UBI, within 30 calendar days after completing the establishment of the nutrient offset areas, the Sponsor will submit written notification to DWR documenting that all nutrient offset activities have been completed. Failure to submit written notification within 30 days may result in a modified credit release schedule or a delay in the issuance of credit releases. Notification shall include all the items as specified in the UBI. 6.0 Financial Assurances and Long -Term Management 6.1 Financial Assurances Following approval of the Creeping Swamp Phase CD Nutrient Offset 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 far 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 Creeping Swamp Phase CD Bank Parcel Development Plan (DWR ID#: xxxx-xxxx) Pg. 9 Neuse River Basin 8-digit HUC: 03020202 applicable. DWR reserves the right to alter the credit release schedule if monitoring reports are submitted without proof of bond renewals when applicable. 6.2 Long Term Management Plan The Parcel will remain in private ownership, protected in its entirety by an approved DWR long-term steward, and will be managed under the terms detailed in an approved DWR conservation easement. The long-term manager will be responsible for periodic inspection of the Parcel to ensure that the restrictions documented in the recorded easement are upheld in perpetuity. The conservation easement will be transferred to the long term steward prior to the year 4 monitoring period. 7.0 Project Credit Potential Of the 107.32 acres protected under the conservation easement, 100.81 acres are anticipated to be planted (Figure 6) and before deductions for diffuse flow and after excluding areas beyond the maximum 200 foot buffer width the total restoration area as shown in Figure 7 is 98.49 acres, after taking deductions for diffuse flow 97.97 acres are anticipated to generate Nitrogen Offset Credits equivalent to 222,626.193 lbs. Riparian area restoration, with a minimum of 50-feet from the top of bank (TOB), out 200-feet from the TOB, will general Nitrogen Offset Credit. The nutrient offset credit summary below was derived based on Restoration Systems' conceptual design and may be adjusted in the AsBuilt Report. The management objectives, mitigation type, and proposed credits are presented in detail in the Project Credit Table provided in Table 9. These Nutrient Offset Credits will be neither convertible or transferable to any other credit type, including Riparian Buffer Mitigation. 8.0 Credit Release Upon submittal of the appropriate documentation by the Sponsor and subsequent approval by DWR, the mitigation credits associated with the Creeping Swamp Phase CD Nutrient Offset Bank Parcel will be released as described in the credit release schedule found in the UBI. 9.0 References Schafale, M. P. and Weakley, 2012. A Classification of the Natural Communities of North Carolina, Fourth Approximation. North Carolina Geological Survey, 1985, Geologic map of North Carolina: North Carolina Geological Survey, General Geologic Map, scale 1:500000. https.Ildeq.nc.govlabout/divisions/energy-mineral-land- resources/north-carolino-geological-survey/ncgs-maps/1985-geologic-map-of-nc Creeping Swamp Phase CD Bank Parcel Development Plan (DWR ID#: xxxx-xxxx) Pg. 10 Neuse River Basin 8-digit HUC: 03020202 !-§ m �,1T�� ,§ | )7 27 ( $} f/ 22 f3 a t� ))7 , )} J! � ]|! k �°( ; �kk \ }; p . - ! a$ � \k �} �{! k)\ \ || 22 2 | !] 33 3 ! \))k E � {§).a m ! §2 ! §k )) ) z » cif � \\) \ � k�± ` § ia2222 ;f§ { () ]]��l•;� � m ) ) 1 APPENDIX A— FIGURES, HISTORIC AERIAL IMAGERY (EDR), EXISTING CONDITION PHOTOS Figure 1— Vicinity Map Figure 2 — Service Area Figure 3 —Site Overview Figure 4 — USGS Figure 5 — MRCS Figure 6 — Restoration Plan Figure 7 — Credit and Monitoring Historic Aerial Imagery — EDR Parcel Photos— Existing Conditions Creeping Swamp Phase CD, Bank Parcel Development Plan (DWR lD# xxxx-xxxx) Appendices Neuse River Basin 8-Digit HUC: 03020202 a � LLJ 10w Z w N(O O 00 0 6w❑0.00 cp c V�� c )S � y :F C7 LLI30.WQVj 9V) DHa •r V� N R ED ?� W Waa 0 Z W 0'2 O ZaV� LL It 7 m CJ ai y � N .c IL a V Z H ❑ a a-'~ o� U m Z J J C c N a� �o Z U E � m Y (7 � r�Z 0 M y � n K J - Vie_ U UU 2 a �c eo N D mM �O c) E $ = W a U m Z 0o _ a 3 v� UU � a r _ cV �W W W c W m = y = a ` = - w Z �U 1 `m N N Z _ 'O - N N w U U N N - O oz _ m zo w = C U JV Z c o - � m m m - - m o U J ry � N GU C o _ m U w p =_ c m O a U o a � U A > o � U v � C v U o L U Z Z Z C - J 00 a LU �. 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E mN a vlU� wo � u.ZZp F LL2Z�i ° E co t `o 0 U of a ¢ E z° n oU d ° w M P u cw ❑ � N a � �~ ° � o � z � E 20 m ❑ g z o u C c°� m an d °- 'd N U U '. ❑ ° v m LL $ ._ 3 _ w mJ � `m � QvtOi ow = .. m m d U ❑ c ° w N o ry d o ° c a ~O = a&z dog o ~O �00 �wm mm E m " 16 y �^ o a °.�' c O'-mac do �� c mOo ~ �o 0000 a v zzn H U 7 2 O' E 0O Z Creeping Swamp 2030 Wilmar Road Vanceboro, NC 28586 Inquiry Number: 7136438.5 October 05, 2022 6 Armstrong Road, 4th floor Shelton, CT 06484 CEDRQD Tall Free: 800.352.0050 www.edrnet.com EDR Aerial Photo Decade Package 10/05/22 I Site Name: Creeping Swamp 2030 Wilmar Road Vanceboro, NC 28586 EDR Inquiry # 7136438.5 Client Name: Restoration Systems, LLC 1101 Haynes Street Raleigh, NC 27604 Contact: J❑ Hamby CEDW Environmental Data Resources, Inc. (EDR) Aerial Photo Decade Package is a screening tool designed to assist environmental professionals in evaluating potential liability on a target property resulting from past activities. EDR's professional researchers provide digitally reproduced historical aerial photographs, and when available, provide one photo per decade. Search Results: Year Scale Details Source 2016 1"=1000' Flight Year: 2016 USDA/NAIP 2012 1"=1000' Flight Year: 2012 USDA/NAIP 2009 1"=1000' Flight Year: 2009 USDA/NAIP 2006 1"=1000' Flight Year: 2006 USDAINAIP 1998 1"=1000' Acquisition Date: January 01, 1998 USGSIDOQQ 1993 1"=1000' Acquisition Date: March 08, 1993 USGSIDOQQ 1982 1"=1000' Flight Date: March 29, 1982 NHAP 1974 1 "=1000' Flight Date: April 01, 1974 USGS 1964 1 "=1000' Flight Date: April 01, 1964 USGS 1961 1"=1000' Right Date: October 05, 1961 USGS 1950 1"=1000' Flight Date: November 21, 1950 USGS When delivered electronically by EDR, the aerial photo images included with this report are for ONE TIME USE ONLY. Further reproduction of these aerial photo images is prohibited without permission from EDR. For more information contact your EDR Account Executive. 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EDR and its logos (including Sanbom and Sanborn Map) are trademarks of Environmental Data Resources, LLC or its of hates. All other trademarks used herein are the property of their respective owners. 7136438 - 5 page 2 Ll i INQUIRY M 7136438.5 1 N YEAR: 2016 (r 1000 FOR 97 0 ol 4,0 z-v'. Ile Ab ^4- POW\ kht/ 400K b u p INQUIRY M 7136438.5 YEAR: (rJoaoEDR JL AL 4L F2 i. INQUIRY 9: 7136438.5 1 N YEAR: 1993 - , (r 1000 FOR N�J i AV .n . •iii." y Y TM. 1 'ems � �.`F r�n!•:^.:G .h - s F •h rn �...• `.i ;. •�, •".+r ..:' �i..�` '+ti•; �;'_,r .: a.:.-�q�.�':. �.I'i• a Sr' i..+'� ;'•., . .� �``` .; '.•_xy`."•:'f:= � -+' jr,•..�..o...rn .,r,wL� aF7- i..:: •�I"t ��,. , .r,... �,.. ..f'R'S.',... :.:•R ry yam,, 4ii�i' .+TYti ;`L'v ,� "t•.ii 'A' •'1` %' : -b •" � t•ti. 1, .!'_f!'_i: •: T � . - � �}y,hai 1• -`� i. , _ - ryk'fA.. 'y�` Cr;?*•,.rf:,+.-. .:`h4- fiA - �' r 1. `'"=�C'��� Y'Ca•��`',', �• .-•.` �F�.:: ,j, .",� s•.r�':+&':. .M�'i" y.' rin r'•iy. Yid:, x� iz-n..: ., .s': 'i!? :�• s: ;w" a i.. •_. �.� �..+`�': '..:k;-:. .r_ ;fit`; �?«a's:t. r.�Y 1':`,�;:�:� :ti,'�� � S',iY :. '' � .",' +w+f�•',�SI�Ys .' 'IvP . ar � ',�'•� �:���'+.e�;2�'. _'�,' * ��. r!� r � : � f:'r'1�'-fir .. . '�t �'•� 57=ro' `'s_=� r `�i"zt`. "r�.�'' , .. r•i�i-. S�+�e �.���� • � ��� 'ri'.,�`� i '� -�� £ . •.�� ..ti '� - 'e.i^' r .:�,.;.:�: '�T.��F'.v.r� i. -L� r�tw-.,.�.y F•:. � .:.:. jam: •'. FL: `>'•: yr:1. '; !45 �ri - .�_' �7 . - � � P :• } -s In bk''r'+y'• ' �, - "r•� ^+iw t -r•%"; �^' r.. a .fit..n INQUIRY M 7136438.5 YEAR: 1961 ■ ■ '•; 1000 FOR =�-j Creeping Swamp Phase CD Bank Parcel — Neuse 02; Craven County Photo Date: 01/25/2023 Image 1: Phase C looking west at Feature C and draining ditches, Features 9 and 10 Image 2: Phase C looking upstream and south at Feature C, Feature 7 and Feature D Creeping Swamp Phase CD Bank Parcel — Neuse 02; Craven County Photo Date: 01/25/2023 Image 5: Phase C Looking downstream and south at Feature 1, 2, 3, and A Image 6: Phase C looking northeast, downstream confluence of Feature 7 and 6 with Feature C Creeping Swamp Phase CD Bank Parcel — Neuse 02; Craven County Photo ❑ate: 01/25/2023 Image 3: Phase D, Looking downstream at confluence of Feature 1b int❑ 1a and Feature F showing farm road and maintenance area Image 4: Phase D, Looking upstream at confluence of Feature lb andla showing existing culvert along 1a excluded from Parcel footprint