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HomeMy WebLinkAbout20150636 Ver 1_BPDP_Phased_20160601 Neville Farms Buffer and Nutrient Offset Bank Parcel Development Package (Revised to Reflect Project Phasing) Jordan Lake Nutrient Strategy - Upper New Hope Subwatershed Orange County, NC DWR# 2015-0636 June 1st, 2016 Prepared by: Watershed Investments NC, LLC 1630 Weatherford Circle Raleigh, NC 27604 Phone: 919.533.9195 Contents ............................................................................................................................ ii LA IST OF TTACHMENTS 1.0 Introduction ................................................................................................................................. 1 ........................................................................................................................... 1 1.1Bank Sponsor ............................................................................................... 1 1.2Project Location and Description ................................................................................................................. 1 1.3Directions to the Site ............................................................................................................... 1 Tract 1 (Gambill Property): ................................................................................................................ 1 Tract 2 (McGee Property): ......................................................................................................... 1 2.0PSD ROJECT ITE ESCRIPTION .................................................................................................................................. 1 2.1Land Use ..................................................................................................................... 2 2.2Watershed Setting ...................................................................................... 2 2.2 Surface Hydrology and Watershed Area ................................................................................... 2 2.3Surface Water Determination for the Site .............................................................................................................. 2 2.4 Floodplain Assessment ........................................................................................................................ 3 2.5Geology & Soils .................................................................................................................. 4 2.6Cultural Constraints .................................................................................. 4 2.8 Rare, Threatened and Endangered Species ..................................................................................................... 5 2.9Existing/Historic Vegetation ............................................................................................................ 5 3.0PPP ROJECT LANTING LAN ................................................................................................... 5 3.1 Riparian Restoration Activities ............................................................................................................................. 6 3.2 Planting Plan .................................................................................................. 6 3.3 Riparian Preservation Activities ............................................................................. 6 3.4Site Preparation and Invasive Species Control ................................................................................................................ 7 3.5Easement Boundaries ............................................................. 7 4.0PMP ROJECT ONITORING AND ERFORMANCE STANDARDS ............................................................................................................ 7 4.1Project Monitoring Plan ....................................................................................................... 8 4.2 Adaptive Management Plan .................................................................................................... 8 4.3 Long Term Management Plan ................................................................................................................ 8 5.0.FA INANCIAL SSURANCE ............................................................................................................ 13 6.0MP ITIGATION OTENTIAL ............................................................................................................................. 17 7.0R: EFERENCES LA IST OF TTACHMENTS Attachment A. Supporting Figures Figure 1. USGS Topographic Map Figure 2. Project Site Map Figure 3. Watershed Setting Figure 4. Soils Map Figure 5. Historic Use Figure 6-A. Tract 1/Phase 1 Tract Mitigation Area Figure 6-B. Tract 2/Phase 2 Tract Mitigation Area Attachment B. Orange County Stream Determination Attachment C. Orange County Floodplain and Project Review Attachment D. State Historic Preservation Office Review Attachment E. Natural Heritage Program Review Attachment F. Division of Water Resource Project Viability Letter Attachment G. Division of Water Resource Financial Assurance Guidance Memo Attachment H. Division of Water Resource Nutrient Credit Calculation for Phase 2 Attachment I. Delivery Factor determination for the Site Attachment J. Site Photos ii Neville Farms BPDP Watershed Investments NC This revised Neville Farms Bank Parcel Development Package (BPDP) is being submitted to allow for the development of the project in two phases. The original BPDP, submitted to the Division on August 18, th 2015, did not reflect phased development of the site. After revisions, that plan was placed on public notice January 13th, 2016 and approved by the Division on January 29th, 2016. 1.0 Introduction As described in this plan, the Neville Farms Bank Parcel (Site) presents approximately 5.1 and 1.2 acres of riparian restoration and preservation, respectively, for a total of 6.3 acres of permanent conservation easements in Orange County, North Carolina. The Site is comprised of two separate tracts owned by two different land owners. The Site will be mitigated in two phases. Phase 1 is comprised of Tract I and is approximately 4.5 acres and Phase 2 is comprised of Tract 2 and is approximately 1.8 acres. Each phase will have its own credit release schedule for milestones met in accordance with the Neville Farms Mitigation Banking Instrument (MBI). Details of the phasing of the Site are provided in Sections 3.0 and 6.0. The purpose of this project is to generate Jordan Lake riparian buffer restoration and preservation mitigation credits as well as nutrient offset credits. The Neville Farms Bank Parcel is included in the Neville Farms Mitigation Banking Instrument (MBI) for Riparian Buffer Mitigation and Nutrient Offset Credits signed between Watershed Investments NC, LLC and the NC Division of Water Resources (DWR) and effective on January 29, 2016. This MBI is in accordance with 15A NCAC 02B .0295 (Temporary Consolidated Buffer th Mitigation Rule, effective October 24, 2014) and 15A NCAC 02B .0240 (Nutrient Offset Payments Rule). The site shall be planned and designed encompassing land along Neville Creek, a tributary to University Lake south of Chapel Hill in Orange County North Carolina. For the purposes of this Bank Parcel Development Package (BPDP) the project Site is divided into the following two tracts:  Tract 1 – Main project area on the north side of Neville Creek and accessible from Old Greensboro Highway.  Tract 2 – Area south of Neville Creek and accessible from Stansbury Road. Though the properties are adjacent, the division of the site is necessary based on land use, land planning, project crediting, and for more clear referencing within this document. The purpose of both rural tracts is to establish forest adjacent to surface water features to reduce nutrients that flow into Neville Creek, University Lake, and ultimately, Jordan Lake. The project will have ancillary benefits that include reducing sediment runoff, reducing nutrients to streams through agricultural runoff, and thus, improving aquatic and terrestrial habitat. Any nutrient offset or riparian buffer mitigation generated from this Bank Parcel would be available to offset impacts from development, both existing and proposed, within the Upper New Hope Subwatershed of Jordan Lake, as verified by DWR staff onsite and in their letter dated April 6, 2015 (Attachment F). All mitigation shall be provided in compliance with 15A NCAC 02B .0295 (Temporary Consolidated Buffer Mitigation Rule, effective October 24, 2014) and 15A NCAC 02B .0240 (Nutrient Offset Payments Rule). 1.1 Bank Sponsor The Site is proposed by Watershed Investments NC, LLC (WINC) Contact information for WINC is provided below. Watershed Investments NC Attn: Mike Herrmann Phone: 919-559-6264 1630 Weatherford Circle Email: mherrmann@watershedinvestmentsnc.net Raleigh, NC 27604 1 Neville Farms BPDP Watershed Investments NC 1.2 Project Location and Description Attachment A-Figure 1 provides the USGS 1:24,000 Topo map showing the location for the Site, nearby roads, and the surrounding vicinity. Surface water drainage features at the Site feed into the Upper New Hope subwatershed of Jordan Lake. The Site is in the Cape Fear River Basin approximately 3 miles southwest of Chapel Hill, NC and one mile upstream of University Lake. More specifically, the Site’s longitude and latitude in decimal degrees are -79.129 W and 35.892 N, respectively. 1.3 Directions to the Site Tract 1 (Gambill Property): i.From Raleigh, go West on I-40 and take the Hwy 54-West Exit to Chapel Hill ii.From Hwy-54, take the Jones Ferry Rd Exit, turn left to go South and proceed 0.9 miles. iii.Turn Right onto Old Greensboro Highway after passing University Lake. Proceed 1.8 miles. Site entrance is on the left through a driveway right-of-way at address 1426 Old Greensboro Road, Chapel Hill Tract 2 (McGee Property): i.Follow the above directions but instead of turning into the entrance for Tract 1, proceed another 0.5 miles and turn left onto Bowden Road. ii.Follow Bowden Road for 1.2 miles and turn Left onto Stansbury Road. iii.Property is at the end of the road. Address is 2201 Stansbury Rd, Chapel Hill, NC 2.0 PSD ROJECT ITE ESCRIPTION 2.1 Land Use Attachment A-Figure 2 has a map of the Site. The Site consists of two separate tracts of land which will be mitigated in two phases, Phase 1 and Phase 2: Attachment A-Figure 2 provides a 2013 aerial of the Site while Attachment J contains on the ground photos of the site. These two tracts are further described below: 1.Tract 1 (Gambill Property) –Part of a 112 acre farm that includes livestock pasture, woodlots, and hay production. The proposed conservation easement is approximately 4.56 acres and is located on an area dedicated to hay production, which is classified as an agricultural practice. Annual nitrogen application rates for the property are approximately 100 lbs/ac. Portions of the riparian area currently have a narrow buffer of trees (10-15ft) immediately adjacent to the stream. The majority of the proposed reforestation is in the 100 year floodplain for Neville Creek. Runoff from the Site flows directly to Neville Creek. Approximately 4.4 acres of land are proposed for the generation of nutrient offset or buffer mitigation credit on this property (Note: As planned, a 0.20 acre portion of the conservation easement will extend beyond 200 ft. from the stream and not be eligible for nutrient or buffer mitigation). This tract will be constructed as Phase 1 of the total project site 2.Tract 2 (McGee Property) – Part of a 9 acre single-family residential property with the pervious areas maintained as a fescue grassed lawn, which is not classified as an agriculture practice. The proposed conservation easement is approximately 1.8 acres. Portions of the proposed easement area currently have a narrow forested buffer of 10-15 ft. An area at the lower end of the project site has grown over in blackberry and honeysuckle and is planned to be cleared and reforested to help restore the native tree buffer. Surface water leaves the site directly through drainage to Neville Creek. This tract will be constructed as Phase 2 of the total project site. 1 Neville Farms BPDP Watershed Investments NC 2.2 Watershed Setting Attachment A-Figure 3 provides a map of the Site in context with its watershed setting. Neville Farms is in Jordan Lake’s Upper New Hope subwatershed. In addition, the Site is upstream of University Lake, a designated Water Supply Watershed. University Lake is used by the Orange County Water and Sewer Authority to provide water to municipalities that include Chapel Hill and Carrboro. Table 2.2 provides summary of watershed information on the Site. Table 2.2. Site Watershed Information. Watershed Unit Number HUC 8 03030002 Jordan Subwatershed Upper New Hope WBD 12-Digit ID 030300020606 WBD Name University Lake NC DWR Watershed Water Supply II Classifications High Quality Water Nutrient Sensitive Water 2.2 Surface Hydrology and Watershed Area The surface water from the Site drains directly to Neville Creek at Assessment Unit (AU) 16-41-2-2-1-(1) which subsequently flows to University Lake and then Jordan Lake. As shown in Table 2.3, this AU was not rated in NC DWR’s 2014 Water Quality Assessment (NC DWR 2014). Table 2.3. Neville Creek use classification for the project stream at the Site (Source: NC DWR 2014). Assessment Unit Surface Water Classification 16-41-2-2-1-(1) Not Rated 2.3 Surface Water Determination for the Site Orange County is delegated authority by the NC Environmental Management Commission to conduct determinations on whether drainage features in their jurisdiction are surface waters and subject to the buffer rules of the State found in 15A NCAC 02B .0267 Protection of Existing Riparian Buffers. Orange County Planning and Inspections assessed the Site and on February 9, 2015 provided their determination that the th surface water features on the site are subject to the Rule. Attachment B provides a copy of this determination. 2.4 Floodplain Assessment The majority of the Site is in the floodplain. The project, however, will not affect areas of the stream and no actions associated with the project are expected to be in conflict with the County or State floodplain management requirements. Orange County’s floodplain administrator was notified of the project and requested to review the proposed project activities and determine if additional actions are needed for project approval. Attachment C contains the Orange County Floodplain Manager’s determination that the project “will not require additional floodplain analysis as the reestablishment of vegetation is not deemed to create/impact 2 Neville Farms BPDP Watershed Investments NC existing floodways.” Further County staff issue “approval for the project from both a zoning and flood permitting standpoint” (Orange County, 2015). 2.5 Geology & Soils The Site is located in the Carolina Slate Belt Level 3 Ecoregion. According to Griffin et. al (2002), this region contains mineral rocks along with silty and silty clay soils. Also, low water yielding rock in the ecoregion lead to streams drying up in the summer months. Attachment A-Figure 4 provides a map of the soil at the Site. These soils data are summarized in Table 2.4. The predominant soils on the site are Congaree which are well drained loamy alluvium. These have a seasonally high water table and are prone to flooding. Other soils on the site (Appling, Georgeville, and Goldston) are deep, well drained, and have little organic matter. Ridges in the hay fields of Tract 1 contain sporadic areas of shallow rock along the steeper slope faces. The shallow rock is not expected to preclude the establishment of forest within the mitigation area and therefore will not be removed as part of the mitigation plan. Table 2.4. Site Soil Types and Descriptions. (Source: USDA. 2015) Soil Unit Project Hydric Hydrologic Soil Description Area (%) Soil Soil Group ApC Soils are found on slopes and ridges. Deep, well Appling sandy drained soils whose parent material consists of loam, 6 to 10 19.0% No B saprolite. These soils have little organic matter, are percent slopes not flooded or ponded, and with no saturation within a depth of 72 inches. Cp Dominant soil for the site. The soil is found in flood Congaree fine plains with a parent material of loamy alluvium. Soils sandy loam, 0 are moderate in organic matter, deep and moderately to 2 percent 62.0% No C well drained. Soil is frequently flooded with a water slopes, table depth of 39 inches during winter months. frequently flooded GeB Upland and interfluve soil. The parent material Georgeville silt consists of weathered argillite. The soils are deep and loam, 2 to 6 9.0% No B well drained. These soils have little organic matter, percent slopes are not flooded or ponded, and have no saturation within a depth of 72 inches. GeB This soil is found on hillslopes and ridges. The Georgeville silt parent material consists of weathered argillite. The loam, 6 to 10 4.5% No B soils are deep and well drained. These soils have little percent slopes organic matter, are not flooded or ponded, and have no saturation within a depth of 72 inches. GlF This soil is found on hillslopes and ridges. The Goldston parent material consists of weathered argillite. The channery silt soils may have bedrock within 10-20 inches of the 5.5% No D loam, 15 to 45 surface but are otherwise well drained. These soils percent slopes have little organic matter, are not flooded or ponded, and have no saturation within a depth of 72 inches. 3 Neville Farms BPDP Watershed Investments NC 2.6 Cultural Constraints Cultural resources include historic and archeological resources located in or near the project parcel. The evaluation of cultural focused primarily on the presence of cultural resources as determined by the North Carolina State Historic Preservation Office (SHPO) and through field observations. The SHPO GIS Web Service database did not reveal any listed or potentially eligible historic or archeological resources in the proposed project area (NC SHPO 2015). No architectural structures or archeological artifacts have been observed or noted during surveys of the site. The State Historic Preservation Office (SHPO) has been notified of the proposed project and confirmed that their database contains no record of important cultural resources in the easement area. A copy of their review and response letter is provided in Attachment D. 2.8 Rare, Threatened and Endangered Species Plants and animals with a federal classification of endangered (E) or threatened (T) are protected under provisions of Sections 7 and 9 of the Endangered Species Act of 1973, as amended. The US Fish and Wildlife Service (USFWS) database for Orange County, NC (updated 12/27/2012) lists the following one endangered species classified as Current and 2 as Historic (USFWS 2012):  Dwarf wedgemussel (Alasmidontaheterodon) - Current;  Michaux’s sumac (Rhusmichauxii) – Historic;  Smooth coneflower (Echinacea laevigata) - Historic; The USFWS database also lists the Bald eagle (Haliaeetus leucocephalus) for the County. This species is protected under the Bald and Golden Eagle Protection Act (BGPA) and prohibits take of bald and golden eagles. No protected species or potential habitat for protected species was observed during preliminary Site evaluations. In addition to the USFWS database, the NC Natural Heritage Program (NHP) was contacted to determine whether previously cataloged occurrences of protected species were mapped within one mile of the project site. A copy of the correspondence with the NHP is included in Attachment E. Results from NHP indicate the following two species have were observed in the year 1940 within a mile of the project area.  Pursh’s Wild-petunia (Ruellia purshiana) – A plant species with a status of Special Concern-Vulnerable (SC-V) observed in 1940. Its habitat is woodlands, mostly over mafic or calcareous rocks (NHP 2014).  Coppery Emerald (Somatochlora georgiana) – A dragonfly Somatochlora georgiana lacked specific location information so it’s observation has low accuracy but it has been observed in Orange County. This species prefers “small, sand, forest streams” as habitat (Paulson 2011). Pursh’s Wild-petunia’s habitat is predominantly woodland’s and on rocks. Existing woodlands and rocks will not be areas subject to planting activities with this project. The dragonfly species Somatochlora georgiana habitat is forested streams. Most of the Site’s riparian areas have a narrow mature tree buffer. Planting activities will remain outside of that buffer with tree planting activities associated with this mitigation project expanding on the tree cover favored as habitat for this species. Based on initial site investigation and species habitat preferences, no impacts to state protected species are anticipated as a result of the proposed project. 4 Neville Farms BPDP Watershed Investments NC 2.9 Existing/Historic Vegetation The majority of Tract 1 is currently planted in fescue and rye grass for hay production. Tract 2 is a mostly managed fescue lawn with a mix of other native and planted grasses. Most areas on both sides of Neville Creek have a narrow (10-15 ft) tree buffer adjacent to the stream that provides some buffer functions. This thin buffer area has a mix of native trees (Gum, Red Cedar, Ironwood, Tulip Poplar) along with some invasive shrubs (Chinese Privet, Autumn Olive). Historical imagery from 1993 confirms that this land use occurred prior to the existence of buffer protection rules for the area (See Attachment A-Figure5). Table 2.5 provides a summary of the dominant woody vegetation found in the streamside buffer area. Based on feedback from the Division of Water Resources staff, those areas with existing tree cover will be considered as Buffer Preservation for mitigation purposes. Table 2.5. Observed Native Tree and Shrub Species Common Name Scientific Name Common Name Scientific Name Tulip Poplar Liriodendron tulipifera Ironwood Carpinuscaroliniana Sweet Gum Liquidambar styraciflua Loblolly Pine Pinustaeda Red Cedar Juniperus virginiana Spicebush Lindera benzoin Box Elder Acer Negundo Coralberrry Symphoricarpos arbiculatas Invasive plants are present in the existing woodland buffer but are not predominant at the site. Table 2.6 lists invasive species observed at the site. Discussion on the control of existing invasive can be found in the Project Planting Plan in Section 3. Table 2.6. Observed Invasive Species Common Name Scientific Name Chinese Privet Ligustrum sinense Autumn Olive Elaeagnus umbellate Japanese Honeysuckle Lonicera japonica 3.0 PPP ROJECT LANTING LAN 3.1 Riparian Restoration Activities The riparian restoration will be conducted according to the temporary rule 15A NCAC 02B .0295. The restoration of plant communities within the Site will provide stabilization and improve water quality within the parcel. The protected buffer easements will be planted up to 200 feet back from the top of the stream bank, with appropriate native species observed in the surrounding forest and species known to occur in similar environmental settings. Fencing will not be installed as neither tract is used for pasture and livestock will not have access to the area adjacent to the established easement. The buffered channels will provide water quality and habitat functions within the Nutrient Sensitive Waters of Jordan Lake. Some areas of the easement may require maintenance to prevent the establishment of invasive and/or exotic species. Pre-planting treatment will be used to help remove these species limit the need for these maintenance activities. 5 Neville Farms BPDP Watershed Investments NC 3.2 Planting Plan Revegetation of the Site will include planting 2,500 bare root trees and controlling invasive species growth. Site preparation and planting of bare root stems on both phases is anticipated to occur between December 2016 and March 2017. Phase 1 consists of Tract 1 and will be planted with 1,800 stems, while Phase 2, which consists of Tract 2, will be planted with 700 stems. To achieve a minimum stem density of 260 stems/acre after 5 years, planting density will be at least 436 stems/acre on 10foot x 10 foot spacing. Volunteer species at the Site may be considered by the Division to count toward meeting these performance standards. Recruitment of volunteer species in the floodplain is anticipated due to forests that exist upstream and on the stream bank. An As-Built report/s will be submitted to DWR for both phases documenting the completion of Site construction. WINC reserves the right to submit one As-Built Report to document the completion of Site construction for both Phase 1 and Phase 2 if the construction of each phase begins and ends at the same time. Or, WINC must submit two separate As-Built Reports to document the completion of Site construction for Phase 1 and for completion of Site construction for Phase 2 if construction of the phases occurs at different times. All As-Built Reports shall reflect the Phase for which it is being submitted. The Site consists predominantly of bottomlands which will be planted as Piedmont Alluvial Forest. When planting, at least four (4) species from Table 3.1 will be selected for the site with no one species comprising more than 50% of the total planted stems. Planted stock will be high quality bare root plants approximately 24 inches in height. Seedlings will be hand-planted using KBC planting bars and will be pretreated with an endo/ ectomycorrhizal spore root treatment. Table 3.1. Planned Tree Species for Phase 1 and Phase 2 Riparian Planting. (Note: Species availability may result in the substitution of regionally appropriate native species.) Common Name Scientific Name Common Name Scientific Name Yellow Poplar Liriodendron tulipifera Swamp Chestnut Oak Qurercus michauxii Eastern Redbud Cercis Canadensis Cherrybark Oak Quercus pagoda River Birch Betula nigra Sycamore Platanus occidentalis Green Ash Fraxinus pennsylvanica 3.3 Riparian Preservation Activities A narrow fringe of mature trees exists throughout the site along portions within the Neville Creek riparian buffer. The riparian buffer, as defined in 15A NCAC 02B .0267, extends a maximum distance of 50 feet from the top of stream bank. The preservation area was reviewed by the Division of Water Resources and determined eligible for Buffer Preservation (see Attachment F). Preservation areas will be included in the conservation easement and invasive species populations that threaten the integrity of the native hardwood community will be controlled. There will be no planting in these areas. 3.4 Site Preparation and Invasive Species Control Soil conditions in floodplain areas, which are predominant at the site, are not compacted and not in need of disking to rip and loosen the soil. A focus of site preparation will be to treat and manage invasive species listed in Table 2.6 in buffer preservation and restoration areas. Invasive species management of existing woody invasive plants within the woodland buffer will take place during the first year post planting. Larger invasive shrubs may be treated as a cut stump treatment while smaller vegetation is sprayed. Any applications will completed by a NC licensed pesticide applicator. 6 Neville Farms BPDP Watershed Investments NC In addition, within the planting areas of Tract 1 and Tract 2 herbaceous competition management will be conducted as necessary during the first full growing season. Herbaceous competition management will consist of mowing as well as targeted herbicide spraying of such species as blackberry, honeysuckle, and Johnson grass. 3.5 Easement Boundaries Two separate easements, one on Tract 1 and one on Tract 2, will be secured along with any access easements that may be necessary to provide permanent access to the conservation easement areas. Easement boundaries will be identified in the field to ensure clear distinction between the Site and adjacent properties. Boundaries may be identified by 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. The easement boundaries will be checked annually as part of monitoring activities with the status of the boundaries reported in annual monitoring reports. 4.0 PMP ROJECT ONITORING AND ERFORMANCE STANDARDS Pursuant to criteria found in the Temporary Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 and Neville Farms Mitigation Banking Instrument (MBI), the measures of vegetative success for the Site will be the survival of at least 260 planted trees per acre at the end of Year 5 based on monitoring data compiled for the site and site visits by the DWR. Natural recruits will not count towards annual achievement of performance standards; however they may be taken into account during review by the NC DWR. Invasive and noxious species will be monitored and controlled so that none become dominant or alter the desired community structure of the site. 4.1 Project Monitoring Plan Riparian vegetation monitoring for Phase 1 and Phase 2 will be based on the CVS-EEP Protocol for Recording Vegetation Level 2 Plot Sampling Only Version 4.2. Annual vegetation monitoring will occur each year during the fall season with the first year for each Phase occurring at least 5 months after initial planting of the Tract/s. Vegetation monitoring plots will be a minimum of 0.02 acres in size and cover between 2% and 2.5% of the planted area. Accordingly, four (4) permanent vegetative plots will be used to monitor Phase 1 and two (2) permanent vegetative plots will be used to monitor Phase 2. A reference photo will be taken from the southwestern corners of each plot. All planted stems in the plots will be marked with flagging tape and recorded. Data collected will include: species, height, planting type (planted stem or volunteer), and grid location. The Sponsor shall submit to NCDWR an annual monitoring report for each phase, no later than December 31 of each year for five consecutive years. Reports will document the success of the vegetation and any maintenance, supplemental planting, or encroachment within the easement areas. WINC reserves the right to submit one Monitoring Report each year for at least 5 years to document the above requirements for both Phase 1 and Phase 2, if the monitoring of each phase begins at the same time. Or, WINC must submit two separate Monitoring Reports each year for 5 years to document the above requirements for Phase 1 and for Phase 2 if the monitoring of each phase begins at different times. All Monitoring Reports shall reflect the Phase for which it is being submitted. . Monitoring bonds shall be renewed with confirmation of renewal provided to DWR with each annual monitoring report for each phase. DWR reserves the right to alter the credit release schedule if monitoring reports are submitted without proof of bond renewals. 7 Neville Farms BPDP Watershed Investments NC 4.2 Adaptive Management Plan In the event that the Site, or a specific component of the Site, fails to achieve the defined performance standards, WINC will develop necessary adaptive management plans and/or implement appropriate remedial actions for the Site in coordination with the NC DWR. Remedial actions will be designed to achieve the performance standards 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. 4.3 Long Term Management Plan WINC, acting as the Bank Sponsor, will establish a Conservation Easement for Tract 1 and Tract 2 separately. The Bank Sponsor will monitor and maintain Tract 1 and Tract 2 for a minimum of five years post planting, or until NC DWR approval has been given. Prior to the submission of the 4 year monitoring th reports for each Tract, Tract 1 and Tract 2 will both be transferred to a responsible third party. The third party shall be responsible for periodic inspections of Tract 1 and Tract 2 to ensure that restrictions required in the Conservation Easements are upheld. Endowment funds required to uphold easement conditions shall be negotiated prior to site transfer to the responsible parties. The Bank Sponsor will ensure that the Conservation Easements will allow for the implementation of the construction and monitoring period, which will be developed during the design phases and conducted by the Bank Sponsor. The Conservation Easements will allow for yearly monitoring and, if necessary, maintenance of the Site. These activities will be conducted in accordance with the terms and conditions of the Neville Farms MBI. 5.0. FA INANCIAL SSURANCE The Sponsor shall provide financial assurance acceptable to the Division in the form of Performance Bonds sufficient to assure completion of all mitigation work, required reporting and monitoring, and any remedial work required. The amounts of the assurances are driven in part by the Site meeting requirements outlined by the Division in a memo released on 4-2-14 (See Attachment G). In the memo, the Division outlines criteria that allow for a site to seek performance bond amounts commensurate with project costs. To qualify, sites must meet all of the following criteria:  Project is for riparian restoration by approved private mitigation bank;  Proposed mitigation area is 10 acres or less in size;  Project does not require fencing; and  Project does not include stream and/or wetland mitigation. The Neville Farms Bank Parcel (Site) meets all of the above criteria for both phases. As a result, performance bond amounts will be based, in part, on project specific costs. Table 5.1 summarizes the construction, monitoring, and financial assurances amounts required for the Site. Detailed information on monitoring and construction costs for Phase 1 and Phase 2 can be found in tables 5.2 through 5.5. Table 5.6 provides a list of the consultants and contractors who are planned to work on the Site. To comply with the MBI, a performance bond will be acquired to cover 100% of construction costs or $50,000, whichever is greater for the entire Site. For monitoring, the bond must cover the monitoring costs for the entire site, or, at a minimum, be in the amount of $25,000. Alternatively, in lieu of posting the Construction Bond, the Sponsor (WINC) may elect to construct the project prior to the first credit release. 8 Neville Farms BPDP Watershed Investments NC WINC will provide a performance bond/s to cover 100% of the costs associated with the construction of the Site. WINC reserves the right to acquire one performance bond to cover 100% of the costs of construction for both Phase 1 and Phase 2, or two performance bonds to cover 100% of the costs of Phase 1 construction and 100% of the Phase 2 construction, separately. Neither bond shall be less than $50,000, but may expire upon DWR confirmation of the completion of Task 2 in the MBI for the applicable Phase and DWR approval of the applicable As-Built Report. All performance bonds shall specify which Phase/s of the Neville Farms Bank Parcel is/are being bonded. WINC will provide a monitoring bond/s to cover all costs associated with the monitoring of the Site for 5 years. WINC reserves the right to acquire one monitoring bond to cover the costs of monitoring for both Phase 1 and Phase 2, or two monitoring bonds to cover the costs of Phase 1 monitoring and Phase 2 monitoring, separately. Neither bond shall be less than $25,000. Each bond shall be renewed annually for at least 5 years, or until DWR approval of the Site’s success criteria. All monitoring bonds shall specify which Phase/s of the Neville Farms Bank Parcel is/are being bonded. Upon DWR approval, the monitoring bond/s may be lowered each year based on the adjusted cost to complete the monitoring. Financial assurances shall be payable at the direction of the NC DWR to his designee or to a standby trust. Table 5.1. Project Cost Summary and Associated Bond Requirement. Project Cost Bond Amount Construction $27,700 $50,000 1 Phase 1 Monitoring $32,000 $32,000 2 Construction $17,550 $50,000 1 Phase 2 Monitoring $12,000 $25,000 2 WINC reserves the right to acquire one performance bond to cover 100% of the construction cost 1 for both Phase 1 and Phase 2, or two performance bonds to cover 100% of the costs of Phase 1 construction and 100% of the Phase 2 construction, separately. WINC reserves the right to acquire one monitoring bond to cover the 100% of the monitoring 2 costs for both Phase 1 and Phase 2, or two monitoring bonds to cover 100% the costs of Phase 1 monitoring and Phase 2 monitoring, separately. 9 Neville Farms BPDP Watershed Investments NC Table 5.2. Phase 1 Planned Construction Costs Cost per Application/ Attorney Fees Total Activity Quantity Unit Handling Fees Other Changes Cost 1 $1,750 $50 $0 $1,800 Mitigation Banking Document Bank Parcel Development 1 $3,750 50 $0 $3,800 Package Document 1 $3,000 $3,000 As-Built Report Establishment of Vegetation 4 $350 $1,400 Plots 1 $2450 $2,450 GIS / Mapping 1 $2,500 $2,500 Survey Filing of Conservation 1 $550 $550 Easement/Deed 1 $4,800 $4,800 Site Preparation 1 $500 $500 Herbicide 1800 $3 $5,400 Plants/Planting 0 0 Fertilizer 1 $1,500 $1,500 Planting Contractor $0 $0 Equipment Costs $27,700 Total Planned Construction Costs Table 5.3. Phase 1 Monitoring & Maintenance Costs Cost (per Consultant Total Monitoring Tasks Quantity Unit) Fees Cost Vegetation Plot Data Collection 4 plots $1,500 $5,000 $11,000 Data Analysis 5 years $600 $3,000 Report Documentation 5 reports $1,800 $6,000 Total $20,000 Maintenance & Adaptive Management Tasks (if needed) Herbicide / Vegetation Control 4 $1,500 $6,000 Herbivory Control 2 $1,000 $2,000 Replanting 1 $2,000 $2,000 Total $10,000 Stewardship Inspections 10 $200 $2,000 Total $2,000 Monitoring and Maintenance Costs Total $32,000 10 Neville Farms BPDP Watershed Investments NC Table 5.4. Phase 2 Planned Construction Costs Cost per Application/ Attorney Fees Total Activity Quantity Unit Handling Fees Other Changes Cost 1 $1000 $50 $0 $1,050 Mitigation Banking Document Bank Parcel Development 1 $3,750 50 $0 $3,800 Package Document 1 $1,400 $1,400 As-Built Report Establishment of Vegetation 2 $400 $800 Plots 1 $1,100 $1,100 GIS / Mapping 1 $2,000 $2,000 Survey Filing of Conservation 1 $550 $550 Easement/Deed 1 $3,500 $3,500 Site Preparation 1 $250 $250 Herbicide 700 $3 $2,100 Plants/Planting 0 0 Fertilizer 1 $1,000 $1,000 Planting Contractor $0 $0 Equipment Costs $17,550 Total Planned Construction Costs Table 5.5. Phase 2 Monitoring & Maintenance Costs Cost (per Consultant Total Monitoring Tasks Quantity Unit) Fees Cost Vegetation Plot Data Collection 2 plots $1,500 $2,000 $5,000 Data Analysis 5 years $200 $1,000 Report Documentation 5 reports $600 $3,000 Total $9,000 Maintenance & Adaptive Management Tasks (if needed) Herbicide / Vegetation Control 4 $250 $1000 Herbivory Control $0 $0 Replanting 1 $1,000 $1000 Total $2,000 Stewardship Inspections 10 $100 $1,000 Total $1,000 Monitoring and Maintenance Costs Total $12,000 11 Neville Farms BPDP Watershed Investments NC Table 5.6.Contractors/Consultants for completion, monitoring and construction of the Site. Site Prep and Planting Contractor Surveying Bruton Natural Systems K2 Design Group PO Box 1197 5688 US Hwy 70 East Fremont NC 27830 Goldsboro, NC 27534 naturalsystems@embarqmail.com k2design@suddenlink.net 919-242-6555 919-751-0075 Conservation Easement Preparation Banking Documents and Reports Preparation Harriss& Marion, PLLC Watershed Investments NC 3326 Durham-Chapel Hill Blvd 1630 Weatherford Circle P.O Box 51009 Raleigh NC 27604 Durham, NC 27717 mherrmann@watershedinvestmentsnc.net joe@hmattorneys.net 919-559-6264 919-493-8421 Monitoring Services Axiom Environmental 218 Snow Avenue Raleigh, NC 27603 919-215-1693 glewis@axiomenvironmental.org 12 Neville Farms BPDP Watershed Investments NC 6.0 MP ITIGATION OTENTIAL As noted in the Neville Farms MBI, buffer credit determination is subject to the Temporary Buffer Rule 15A NCAC 02B .0295(h) and (i). Figures 6-A and 6-B identify the riparian areas and credit types sought for Phase 1 and Phase 2, respectively. Buffer credit will be generated from both Preservation and Restoration activities. Details of the planting and restoration activities planned for the Site are outlined in Section 3.0 In accordance with Rule 15A NCAC 02B .0295, the width of the buffer/nutrient credit generation area will begin at the most landward limit of the top of bank or the rooted herbaceous vegetation and extend landward to a maximum distance of 200 feet. Nutrient offsets will not be generated within the areas described as Preservation. Preservation areas meet the requirements described in .0295 (m)(2)(D) – Preservation of Buffers on Subject Streams. Restoration areas meet the requirements of .0295(i) – Riparian Restoration or Enhancement. Nutrient Offset credits sought are consistent with rules 15A NCAC 02B .0240 and .0273. The Site will be constructed consistent with the Neville Farms MBI, but will be completed in two phases. Following approval of the revised BPDP, conservation easement surveys for Tract I and Tract 2 will be submitted to the Division for approval prior to being recorded with the Orange County Register of Deeds office. Final surveys of the mitigation areas on tracts 1 and 2 will also be conducted after construction has been completed and will be submitted to the Division for approval with both the Phase 1 and Phase 2 as-built reports. Tables 6.1 through 6.4 provide a summary of the Jordan Lake riparian buffer credits and nutrient offset credit calculations for phases 1 and 2 of the Site. The following credits are requested with the approval of the Neville Farms BPDP: Phase 1 (Tract 1)  Riparian Buffer Preservation: 0.62 acres for a credit of 2,700.7 square feet (ft) 2  Nutrient Offset: 3.70 acres (7,143.38 lbs-N delivered and 420.34 lbs-P delivered) Phase 2 (Tract 2)  Riparian Buffer Restoration: 1.20 acres for a credit of 51,400.8 square feet (ft) 2  Riparian Buffer Preservation: 0.64 acres for a credit of 2,787.8 square feet (ft) 2 13 Neville Farms BPDP Watershed Investments NC Table 6.1. Phase 1 Neville Farms Buffer Credit Generation Summary Buffer Mitigation Type Ratio Phase 1 Credit Per Total Buffer Zone Area (ac) Acre Credit Buffer Zone A Preservation 10:1 0.62 4,356 2,700.7 (0-50 ft) Total Riparian Preservation for Buffer credit 0.62 n/a 2,700.7 Table 6.2. Phase 1 Neville Farms Nutrient Offset Credit Generation Summary Generated Nutrient Buffer Mitigation Type Phase Generated Offset Delivery Factor Delivered Offset Offset Credit Yield Zone 1 area Credit for Offsets Credit (lb/30yr/ac) (ac) N lbs/ac P lbs/ac N lbs P lbs %N %P N lbs P lbs Zone A Buffer 0.68 1,475.10 97.79 1,312.84 77.25 (0-50 ft) Restoration Zone B Riparian 1.29 2798.35 185.51 2490.53 146.55 (51-100 ft) Restoration 2,169.26 143.81 89 79 Zone C Riparian 1.73 3,752.82 248.79 3,340.01 196.54 (101-200) Restoration Total Riparian Restoration 3.70 8,026.27 532.09 7,143.38 420.34 for Nutrient Offset Credit 14 Neville Farms BPDP Watershed Investments NC Table 6.3. Phase 2 Neville Farms Buffer Credit Generation Summary Buffer Mitigation Type Ratio Phase 2 Credit Per Total Buffer Zone Area (ac) Acre Credit Buffer Restoration 1:1 0.68 43,560 29,620.8 Zone A Buffer (0-50 ft) 10:1 0.55 4,356 2,395.8 Preservation Riparian 1:1 0.48 43,560 20,908.8 Restoration Zone B (51-100 ft) Riparian 10:1 0.09 4,356 392.0 Preservation Riparian 1:1 & 50% 0.04 21,780 871.2 Restoration Zone C (101-200) Total Riparian Restoration for Buffer credit 1.20 n/a 51,400.8 Total Riparian Preservation for Buffer credit 0.64 n/a 2,787.8 Table 6.4. Phase 2 Neville Farms Nutrient Offset Credit Generation Summary Generated Nutrient Buffer Mitigation Type Phase * Generated Offset Delivery Factor *Delivered Offset Offset Credit Yield Zone 2 area Credit for Offsets Credit (lb/30yr/ac) (ac) N P N lbs P lbs %N %P N lbs P lbs Zone A Buffer 0.68 618.29 137.70 550.28 108.78 (0-50 ft) Restoration Zone B Riparian Restoration 0.48 436.44 97.20 388.43 76.79 (51-100 ft) 909.25 202.50 89 79 Zone C Riparian Restoration 0.04 36.37 8.10 32.37 6.40 (101-200) Total Riparian Restoration 1.20 1091.10 243.0 971.08 191.97 for Nutrient Offset Credit *Note: In the BPDP, WINC is requesting buffer mitigation from Phase 2 and is providing this information for supporting documentation in case a request is made to transfer credit from buffer to nutrient offset. Any transfer of credit from buffer to nutrient must be reviewed and approved by the Division prior to transfer. 15 Neville Farms BPDP Watershed Investments NC To comply with the requirements of 15A NCAC 02B .0273(2)(d)(i), nutrient credit sales (nitrogen (N) and phosphorous (P)) will need to “account for differences in instream nutrient losses between the location of the reduction need and excess loading reduction in reaching the affected arm of Jordan Reservoir”. To accomplish this, delivery factors are applied to nutrient offsets generated at Neville Farms to calculate the nutrient pounds delivered to Jordan Lake. Nutrient offset credits, therefore, take into account nutrient deliveries to the lake. Attachment I provides the Division’s determination of delivery factors that apply to this Site. Neville Farms falls into Zone 9 for N and Zone 8 for P resulting in delivery factors of 89% and 79%, respectively. As indicated in the Site’s MBI, credits generated from riparian buffer restoration activities can be converted and transferred from buffer credits to nutrient offset credits with Division approval and from nutrient offset credits to buffer credits. However, when converting from nutrient offsets to buffer, all applicable ratios and percentages of full credit will apply according to 15A NCAC 02B .0295. As indicated in the Neville Farms MBI, Tract 2, which will be constructed in Phase 2, requires differing methods to develop available nutrient credits than Tract 1. At the Division’s direction, WINC used the Jordan-Falls Stormwater Accounting Tool (JFSAT) to calculate nutrient offsets for Tract 2. Based on the application of the JFSAT, the generated nutrient offset credits available for land conversion of 1.20 acres from residential managed turf to riparian forest and reduction of the runoff from approximately 30 acres of land draining to Tract 2 are 1,091.10 lbs N and 243.00lbs P. With application of the delivery factor 89% for nitrogen and 79% for phosphorous, the delivered nutrient offset credits available for 1.20 acres riparian restoration on Tract 2 are 971.08 N lbs and 191.97 P lbs. Attachment H provides a summary of the Division’s approval of Tract 2’s credit calculation along with a summary of the methods used in the calculation. Neville Farms’ Nutrient Offset and Riparian Buffer credits will not be debited within the same area (not stacked). The Neville Farms Bank will service impacts within the Upper New Hope Subwatershed of Jordan Lake. 16 Neville Farms BPDP Watershed Investments NC 7.0 R: EFERENCES Griffith, G.E., Omernik, J.M., Comstock, J.A., Schafale, M.P., McNab, W.H.,Lenat, D.R., and MacPherson, T.F., 2002, Ecoregions of North Carolina, U.S. Environmental Protection Agency, Corvallis, OR. NC Natural Heritage Program. 2014. NC Natural Heritage Program List of Rare Plant Species of North Carolina. Online at http://portal.ncdenr.org/c/document_library/get_file?uuid=4eaaf9f2-e30b- 4c19-809b-fcb12e0daff1&groupId=61587. Accessed 4/24/15. NC State Historic Preservation Office. 2015. HPOWEB GIS Service. Online at http://gis.ncdcr.gov/hpoweb/ (Accessed 4/7/15) NC Division of Water Resources. 2014. 2014 NC Water Quality Assessment for 305(b). Online at: http://portal.ncdenr.org/web/wq/ps/mtu/assessment. NC Division of Water Resources. 2015. Site Viability Response Letter. 4/6/15. Orange County, NC. 2015. Orange County Flood Determination Response Letter. 4/9/2015. Paulson, D. 2011. Dragonflies and Damselflies of the East. Princeton University Press. 544pg. Shafale, M. P., and Weakley, A.S. 1990. Classification of the natural communities of North Carolina, third approximation. NC Department of Environment and Natural Resources, Natural Heritage Program. Raleigh, NC. U.S. Department of Agriculture. 2015. Web Soil Survey Report. Accessed online 3/15/15 http://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm U.S. Fish and Wildlife Service. 2012. Endangered and Threatened Species and Species of Concern by County for North Carolina. Online at http://www.fws.gov/raleigh/species/cntylist/orange.html (Accessed 4/8/15). 17 Neville Farms BPDP Watershed Investments NC A TTACHMENTS A Neville Farms BPDP Watershed Investments NC