20080229 Ver 1_MBI_20070223

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Forrest Creek Mitigation Bank
Mitigation Banking Instrument
Orange County, North Carolina
Prepared for:
Mid-Atlantic Mitigation, LLC
February 2007
a Kimley-Horn and Associates, Inc. 2007

? ? ? Kimley-Horn
and Associates, Inc. RECEIVED
FEB 2 J 2007
RALEIGH REGULATORY FIELD OFFICL?
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RECEIVED
FEB 2 J 2007
(Version 2.1 February, 2007)
RALEIGH REGULATORY FIELD OFFICE
AGREEMENT TO ESTABLISH THE FORREST CREEK MITIGATION BANK
IN ORANGE COUNTY, NORTH CAROLINA
• This Mitigation Banking Instrument (MBI) is made and entered into on the day of
• , 200_, by Mid-Atlantic Mitigation, LLC, hereinafter Sponsor, and the U. S. Army
• Corps of Engineers (Corps), and each of the following agencies, upon its execution of this MBI,
the Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS), the
• North Carolina Wildlife Resources Commission (NCWRC), and the North Carolina Division of
Water Quality (NCDWQ). The Corps, together with the State and Federal agencies that execute
• this MBI, are hereinafter collectively referred to as the Mitigation Bank Review Team (MBRT).
• WHEREAS the purpose of this agreement is to establish the Forrest Creek Mitigation Bank
• (Bank) providing compensatory mitigation for unavoidable wetland impacts separately
• authorized by Section 404 Clean Water Act permits in appropriate circumstances; and
• WHEREAS the Sponsor controls through an option to purchase or has purchased a permanent
• conservation easement of certain parcels of land containing approximately 25 to 30 acres located
• in Orange County, North Carolina, described in the Forrest Creek Mitigation Bank Mitigation
Plan (Mitigation Plan) in Appendix A, and as shown on the attached in Figure 2 of the
• Mitigation Plan.
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• WHEREAS the agencies comprising the Mitigation Bank Review Team agree that the Bank
site is a suitable mitigation bank site, and that implementation of the mitigation plan as described
• in the Mitigation Plan is likely to result in net gains in stream functions at the Bank site, and have
• therefore approved the Mitigation Plan;
• THEREFORE, it is mutually agreed among the parties to this agreement that the following
• provisions are adopted and will be implemented upon signature of this MBI.
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• General Provisions
1. The goal of the Bank is to restore, enhance, and preserve stream systems with the adjacent
• riparian areas and their functions and values to compensate in appropriate circumstances for
• unavoidable stream impacts authorized by Section 404 and Section 401 of the Clean Water Act
permits in circumstances deemed appropriate by the Corps and NCDWQ after consultation,
• through the permit review process, with members of the MBRT.
• 2. Use of credits from the Bank to offset stream and/or wetland impacts authorized by Clean
Water Act permits must be in compliance with the Clean Water Act and implementing
• regulations, including but not limited to the 404(b)(1) Guidelines, the National Environmental
• Policy Act, and all other applicable Federal and State legislation, rules and regulations. This
agreement has been drafted following the guidelines set forth in the proposed " Federal Guidance
• for the Establishment, Use and the Operation of Mitigation Banks," 60 Fed. Reg. 58605,
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(Version 2.1 February, 2007)
November 28, 1995 (Guidance) as well as those described in the Stream Mitigation Guidelines
(April 2003).
- 3. The MBRT shall be chaired by the representative of the U. S. Army Corps of Engineers,
Wilmington District Raleigh Regulatory Field Office. The MBRT shall review monitoring and
accounting reports as described below. In addition, the MBRT will review proposals for
- remedial actions proposed by the Sponsor, or any of the agencies represented on the MBRT. The
MBRT's role and responsibilities are more fully set forth in Sections IL C. 3 and 6 of the
Guidance included in this document by reference.
- 4. The Corps, after consultation with the appropriate Federal and State review agencies
through the permit review process, shall make final decisions concerning the amount and type of
compensatory mitigation to be required for unavoidable, permitted wetland impacts, and whether
- or not the use of credits from the Bank is appropriate to offset those impacts. In the case of
- permit applications and compensatory mitigation required solely under the Section 401 Water
Quality Certification rules of North Carolina, the N.C. Division of Water Quality (NCDWQ) will
determine the amount of credits needed to compensate for specific permitted impacts.
- 5. The parties to this agreement understand that, where practicable, on-site, in-kind
compensatory mitigation may be used, unless use of the Bank is determined by the Corps to be
environmentally preferable.
- Mitigation Plan
6. The Bank site is currently a part of a dairy operation. A more detailed description of the
- baseline conditions on the site is contained in the Mitigation Plan (Appendix A).
7. The Sponsor will perform work described in the Mitigation Plan, including the restoration
of approximately 6900 feet of Forrest Creek and an unnamed tributary with the re-forestation of
- 50 foot (minimum) buffers, 325 feet of Enhancement Level II with the removal of invasive
- vegetation and re-planting of native forest community, and 3050 feet of stream preservation.
The purpose of this work, and the objective of the Bank, is to restore natural stream and riparian
area functions to compensate for permitted impacts to similar resources. Stream mitigation units
- are defined in paragraph 15, below.
8. The Bank Sponsor shall monitor the Bank Site as described in the Mitigation Plan, until
such time as the MBRT determines that the success criteria described in Section 10 of the
- Mitigation Plan have been met. The monitoring period shall be a minimum of five years.
9. The Sponsor is responsible for assuring the success of the restoration, enhancement and
preservation activities at the Bank Site, and for the overall operation and management of the
- Bank.
10. The Sponsor shall provide to each member of the MBRT the reports described on
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(Version 2.1 February, 2007)
Section 11 of the Mitigation Plan.
11. The Corps shall review said reports, and may, at any time, after consultation with the
Sponsor and the MBRT, direct the Sponsor to take remedial action at the Bank site. Remedial
action required by the Corps shall be designed to achieve the success criteria specified above.
All remedial actions required under this paragraph shall include a work schedule and monitoring
criteria that will take into account physical and biological conditions.
12. The Sponsor shall implement any remedial measures required pursuant to the above.
13. In the event the Sponsor determines that remedial action may be necessary to achieve the
required success criteria, it shall provide notice of such proposed remedial action to all members
of the MBRT. No remedial actions shall be taken without the concurrence of the Corps, in
consultation with the MBRT.
14. The members of the MBRT will be allowed reasonable access to the Property for the
purposes of inspection of the Property and compliance monitoring of the Mitigation Plan. The
Sponsor shall be notified 48 hours in advance of any member of the MBRT accessing the
property.
Use of Mitigation Credits
15. The Geographical Service Area ( GSA) is the designated area wherein a bank can
reasonably be expected to provide appropriate compensation for impacts to wetland or other
aquatic resources. The GSA for this Bank shall include the Neuse River Basin Hydrologic Unit
03020201 in North Carolina. Use of credits from the Bank to compensate for impacts beyond
the geographic service area may be considered by the Corps or the permitting agency on a case-
by-case basis.
JABLE-
Proposed Mitigation Type Linear Feet SMU Formula
Stream Restoration (Forrest Creek and Tributary) 6,900 6,900
Stream Preservation (Forrest Creek 3,050 610
Stream Enhancement Level II (Forrest Creek) 325 130
TOTALS 10,200 7,640
16. It is anticipated by the parties to this agreement that use of mitigation credits shall be "in-
kind;" that is, that stream credits will be used to offset stream impacts.
17. Wetland Mitigation - At this time the Sponsor is not seeking to conduct wetland
mitigation; however if wetland mitigation credit is sought in the future the Sponsor will
coordinate its request through the MBRT and seek to modify the Mitigation Plan accordingly and
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(Version 2.1 February, 2007)
with the approval of the MBRT. It is anticipated by the parties that in most cases in which the
Corps, after consultation with the MBRT, has determined that wetland mitigation credits from
the Bank may be used to offset wetland impacts authorized by Section 404 permits. It is assumed
that the amount of mitigation required (in acres or credits) will be specified in the 404/401
Permit obtained for the impacts. As such, it is assumed that one acre of mitigation required will
be equal to one credit of debit.. One of those credits must be a restoration credit; the remaining
credit will be made up of any combination of restoration, enhancement, creation or preservation
credits, as selected by the Sponsor and approved by the Corps during its permit process.
Deviations from this compensation ratio may be authorized by the Corps on a case-by-case basis
where justified by considerations of functions of the wetlands impacted, the severity of the
wetland impacts, whether the compensatory mitigation is in-kind, and the physical proximity of
the wetland impacts to the Bank site, except that in all cases, a minimum of a one-to-one ratio of
impact acres to restoration mitigation credits (acres) must be met.
Stream Mitigation - Stream mitigation credit will be determined according to the procedures
described in the Stream Mitigation Guidelines (April 2003) and noted in Table 1.
18. Notwithstanding the above, all decisions concerning the appropriateness of using credits
from the Bank to offset impacts to streams or wetlands, as well as all decisions concerning the
amount and type of such credits to be used to offset stream, wetland and open water impacts
authorized by Department of the Army permits, shall be made by the Corps of Engineers,
pursuant to Section 404 of the Clean Water Act and implementing regulations and guidance.
Any necessary notice to and consultation with the members of the MBRT for use of credits shall
be through the permit review process.
19. Wetland and Stream Mitigation-
Fifteen percent (15%) of the Bank's total restoration credits shall be available for sale
immediately upon completion of all of the following:
a. Execution of this MBI by the Sponsor, the Corps, and other agencies eligible for
membership in the MBRT who choose to execute this agreement;
b. Approval of the final mitigation plan;
c. Delivery of the financial assurance described in paragraph 23 of this MBI;
d. Recordation of the preservation mechanism described in paragraph 22 of this MBI, as
well as a title opinion covering the property acceptable to the Corps;
Additionally, the Sponsor must complete the initial physical and biological improvements to
the bank site pursuant to the mitigation plan no later than the first full growing season following
initial debiting of the Bank.

(Version 2.1 February, 2007)
20. Subject to the Sponsor's continued satisfactory completion of all required success criteria
and monitoring, additional restoration mitigation credits will be available for sale by the Sponsor
on the following schedule:
For Wetland Mitigation:
Wetlands Credit Release:
§ 10% after first year, if interim success measures are met (total 25%);
§ 10% after second year; if interim success measures are met (total 35%);
§ 10% after third year; if interim success measures are met (total 45%);
§ 15% after fourth year; if interim success measures are met (total 60%);
§ 15% after fifth year, if Success Criteria are met (total 75%); and
§ 25% after fifth year, if the bank site meets the overall objectives and Success Criteria
set forth in mitigation plan (total 100%).
The above schedule applies only to the extent the Sponsor documents acceptable survival and
growth of planted vegetation, and attainment of acceptable wetland hydrology as described under
the success criteria in the monitoring section of the mitigation plan. The final 25% of credits will
be available for use only upon a determination by the MBRT of functional success as defined in
the mitigation plan.
Stream Restoration and Enhancement Credit Release:
§ 15% for items in paragraph 19, above
§ Construction release:
10 % upon completion of all initial physical and biological improvements made pursuant
to the mitigation plan: (25% cumulative)
§ After year 1: (35% and 45% cumulative)
10% if no bankfull event occurs: 20% if bankfull event has occurred, channel is stable
and all other success criteria met.
§ After year 2: (45% and 55% cumulative)
10% if the first bankfull event occurred in a previous year or a bankfull event does not
occur in this year. 20% if the first bankfull event occurs in this year, channel is stable and
all other success criteria met.
§ After year 3: (55% to 65% cumulative)
10% or 20% (same as year 2).
§ After year 4: (65% to 75% cumulative)
10% or 20% (same as year 2 and year 3)
§ After year 5: (90% to 100% cumulative)
25% if at least one bankfull event has occurred in the previous year(s). 35% if the first
bankfull event occurs in year 5 and the MBRT makes a determination of functional
success as defined in the mitigation plan.
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(Version 2.1 February, 2007)
The above schedule applies only to the extent the Sponsor documents acceptable survival and
growth of planted vegetation, attainment of acceptable wetland/stream conditions as described
under the success criteria in the monitoring section of the mitigation plan.
Stream and Wetland Preservation Credit Release:
For the portion of the Bank Site considered to be preservation, 100% of the credit will be
released immediately upon execution of the MBI by the Sponsor, the USACE, and other
agencies eligible for membership in the MBRT who choose to execute this agreement and
recordation of the preservation mechanism.
21. The Sponsor shall submit an annual ledger documenting credit releases and debits to the
MBRT for maintaining accurate records of credit transactions made from the Bank. Accounting
procedures shall include the generation of a report by the Sponsor showing credits used each
time they are debited from the Bank, which the Sponsor shall provide within 30 days of the debit
to the chair of the MBRT. In addition, the Sponsor shall prepare an annual report, by the end of
each calendar-year, showing all credits used, and the balance of credits remaining, the USACE
and NCDWQ, until such time as all of the credits have been utilized, or this agreement is
otherwise terminated. All reports shall identify credits debited and remaining by type of credit
(e. g., stream), and shall include for each reported debit the Corps Action ID number for the
permit for which the credits were utilized.
Property Disposition
22. The Sponsor shall secure a Permanent Conservation Easement, in form acceptable to the
MBRT, sufficient to protect the Bank site in perpetuity. The Permanent Conservation Easement
shall be perpetual, preserve all natural areas, and prohibit all use of the property inconsistent with
its goals as mitigation property, including any activity that would materially alter the biological
integrity or functional and educational value of streams or wetlands within the Bank site,
consistent with the mitigation plan. The purpose of the Permanent Conservation Easement will
be to assure that future use of the Bank site will result in the restoration, protection, maintenance
and enhancement of wetland functions described in the mitigation plan. The Sponsor shall
deliver a title opinion acceptable to the Corps covering the mitigation property. The property
shall be free and clear of any encumbrances that would conflict with its use as mitigation,
including, but not limited to, any liens that have priority over the recorded preservation
mechanism. Prior to Bank closure a mutually acceptable, long-term land steward will be
identified and the permanent conservation easement will be transferred to that steward.
Financial Assurances
23. The Sponsor will provide security in the form of acceptable performance bonds or letters of credit
as described in the following paragraph to guarantee delivery of the minimum number of Mitigation Units
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- (Version 2.1 February, 2007)
sold. The performance bonds must be obtained from a company licensed in North Carolina with a Best's
current rating of not less than "A -". The performance bonds will follow the prescribed wording provided
in N.C.G. S. § 44A-33.
The Sponsor must provide a performance bond for 55% of the total cost of the construction and must be
in effect and submitted with the executed conservation easement. This bond must remain in effect until
- the Sponsor has received written notification from the USACE that the requirements pertaining to
construction and planting described in the Mitigation Plan have been met. After the project has been
successfully constructed and planted according to the Mitigation Plan„ the bond can then be retired.
- Long-term Management
24. The Sponsor shall implement the long-term management measures described in the
- Mitigation Plan, section 14.
Miscellaneous
- 25. Any agency participant may terminate its participation in the MBRT with notice in
writing to all other parties to this agreement. Termination shall be effective seven (7) days from
placing said notices in the United States mail. Member withdrawal shall not affect any prior sale
- of credits and all remaining parties shall continue to implement and enforce the terms of this
- MBI. Except for termination as described above, this agreement may be modified only with the
written agreement of all remaining parties to this agreement at the time of the modification.
- 26. Any delay or failure of Bank Sponsor shall not constitute a default hereunder if and to the
- extent that such delay or failure is primarily caused by any act, event or conditions beyond the
Sponsor's reasonable control and significantly adversely affects its ability to perform its
obligations hereunder including: (i) acts of God, lightning, earthquake, fire, landslide, drought,
- hurricane, storm, flood, or interference by third parties; (ii) condemnation or other taking by any
• governmental body; (iii) change in applicable law, regulation, rule, ordinance or permit
condition, or the interpretation or enforcement thereof, (iv) any order, judgment, action or
determination of any federal, state or local court, administrative agency or government body; or
- (v) the suspension or interruption of any permit, license, consent, authorization or approval. If
the performance of the Bank Sponsor is affected by any such event, Bank Sponsor shall give
written notice thereof to the MBRT as soon as is reasonably practicable. If such event occurs
before the final availability of all credits for sale, the Sponsor shall take remedial action to
- restore the property to its condition prior to such event, in a manner sufficient to provide
adequate mitigation to cover credits that were sold prior to such delay or failure to compensate
for impacts to waters, including wetlands, authorized by Department of the Army permits. Such
remedial action shall be taken by the Sponsor only to the extent necessary and appropriate, as
- determined by the MBRT.
27. No third party shall be deemed a beneficiary hereof and no one except the signatories
hereof, their successors and assigns, shall be entitled to seek enforcement hereof.
(Version 2.1 February, 2007)
28. This MBI constitutes the entire agreement between the parties concerning the subject
matter hereof and supersedes all prior agreements or undertakings.
29. In the event any one or more of the provisions contained in this MBI are held to be
invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceablility
will not affect any other provisions hereof, and this MBI shall be construed as if such invalid,
illegal or unenforceable provision had not been contained herein.
30. This MBI shall be governed by and construed in accordance with the laws of North
Carolina and the United States as appropriate.
31. This MBI may be executed by the parties in any combination, in one or more
counterparts, all of which together shall constitute but one and the same instrument.
32. The terms and conditions of this MBI shall be binding upon, and inure to the benefit of
the parties hereto and their respective successors.
33. All notices and required reports shall be sent by regular mail to each of the parties at their
respective addresses, provided below:
Sponsor:
Richard K. Mogensen
Mid-Atlantic Mitigation, LLC
9301 Aviation Blvd., Suite CE1
Concord, NC 28027
USAGE:
Mr. Monte Matthews
U.S. Army USACE of Engineers
Regulatory Division - Wilmington District
Raleigh Field Office
6508 Falls of Neuse Road, Suite 120
Raleigh, North Carolina 27615
USEPA:
Ms. Rebecca Fox
Wetlands Section - Region IV
1349 Firefly Road
Whittier, NC 28789
FWS:
Mr. Harold F. Hall
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(Version 2.1 February, 2007)
U. S. Fish and Wildlife Service
Ecological Services
P. O. Box 33726
Raleigh, North Carolina 27636-3726
NCWRC:
Ms. Shari Bryant
North Carolina Wildlife Resources Commission
PO Box 129
Sedalia, NC 27342
NCDWQ:
Mr. Ian McMillan
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
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(Version 2.1 February, 2007)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement To Establish The Forrest Creek Mitigation Bank In Orange County, North
Carolina":
Sponsor: Mid-Atlantic Mitigation, LLC
By:
U.S. Army Corps of Engineers:
Date:
By: Date:
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(Version 2.1 February, 2007)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled
"Agreement To Establish The Forrest Creek Mitigation Bank In Orange County, North
Carolina":
U.S. Environmental Protection Agency:
By: Date:
U.S. Fish and Wildlife Service:
By: Date:
N.C. Division of Water Quality:
By: Date:
N.C. Wildlife Resources Commission:
By: Date:
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(Version 2.1 February, 2007)
List of Appendices
Appendix A: Forrest Creek Mitigation Bank Mitigation Plan
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Forrest Creek Mitigation Bank
Mitigation Plan
Orange County, North Carolina
Prepared for:
Mid-Atlantic Mitigation, LLC
February 2007
°- Kimley-Horn and Associates, Inc. 2007
Forrest Creek Mitigation Banking Mitigation Plan, Orange County, North Carolina
Mid Atlantic Mitigation, LLC 1
Table of Contents
1.0 Introduction .....................................................................................................................3
2.0 Bank Goals and Objectives ............................................................................................ ..3
3.0 Ownership of Bank Lands ............................................................................................. ..5
4.0 Bank Size and Criterion of Resources Proposed for Inclusion in the Bank ..................... ..5
5.0 Description of Baseline Conditions at the Bank Site ...................................................... ..6
5.1 Site Description ......................................................................................................... ..6
5.2 Geology ..................................................................................................................... ..6
5.3 Soils .......................................................................................................................... ..6
5.4 Hydrology and Water Resources ................................................................................ ..7
5.5 Existing Vegetation and Invasive Species .................................................................. ..7
5.6 Jurisdictional Streams and Wetlands .......................................................................... ..8
5.7 Flood Mapping .......................................................................................................... ..9
5.8 Cultural Resources ..................................................................................................... ..9
5.9 Protected Species ....................................................................................................... ..9
5.10 Environmental Issues ................................................................................................. 10
6.0 Geographic Service Area ............................................................................................... 10
7.0 Aquatic Resource Impacts Suitable for Compensation ........................................................... 10
8.0 Methods for Determining Credits and Debits ......................................................................... 10
9.0 Accounting Procedures ..................................................................................................... 13
10.0 Performance Standards for Determining Credit Availability and Bank Success .......................... 13
11.0 Reporting Protocols and Monitoring Plans ............................................................................ 15
11.1 Stream Channel Assessment ...................................................................................... 15
11.2 Vegetation ................................................................................................................. 16
11.3 Frequency .................................................................................................................. 17
12.0 Contingency and Remedial Actions and Responsibilities ........................................................ 17
13.0 Financial Assurances ........................................................................................................ 17
14.0 Provisions for Long-Term Management and Maintenance ...................................................... 17
List of Figures
Figure 1. Vicinity Map
Figure 2. Conceptual Design
Figure 3. Soils
Figure 4. Flood Mapping
Figure 5. Aerial Photo
List of Appendices
Appendix A. Model Easement
Appendix B. Description of Stream Restoration and Enhancement Level II
Appendix C. Morphological Measurements Table
Appendix D. Stream Cross Section and Design Parameters
Appendix E. Riparian Area Restoration
Appendix F. Photo Log
Forrest Creek Mitigation Banking Mitigation Plan, Orange County, North Carolina
Mid Atlantic Mitigation, LLC 2
1.0 Introduction
Mid-Atlantic Mitigation, LLC (Sponsor) respectfully submits this Mitigation Plan for the
mitigation banking agreement associated with the Forrest Creek Mitigation Bank (Bank) in
Orange County, North Carolina. The project intends to restore and preserve approximately
10,200 linear feet of Forrest Creek and its associated tributary. The purpose of this mitigation is
to provide the North Carolina Ecosystem Enhancement Program (EEP) and/or other potential
unknown permittees with mitigation credits needed to compensate for unavoidable impacts to
jurisdictional streams within the Neuse River Basin (HUC 03020201). The intent of this
Mitigation Plan is to provide regulatory agencies with sufficient information on the
establishment and operation of the Bank and to initiate regulatory review through establishing a
Mitigation Bank Review Team (MBRT) with its sponsor, Mid-Atlantic Mitigation. It is expected
that this Mitigation Plan will be the basis of a formal Mitigation Banking Instrument (MBI).
This Bank offers the opportunity to greatly enhance and improve the ecological conditions of the
regional watershed. The Bank will provide viable and sustainable ecological and hydrological
functions for the proposed mitigation bank service area. It will be effectively managed in
perpetuity and will not impact or degrade any areas with high ecological value. Due to the
existing conditions, the site has a very high probability of meeting the prescribed success criteria,
while also meeting the requirements of all other applicable federal and state laws. The adjacent
land uses will not adversely affect the perpetual viability of the mitigation bank. This Mitigation
Plan details the above-mentioned information as it relates to the site. The sponsor, Mid-Atlantic
Mitigation, does not anticipate any problems meeting the prescribed financial responsibility
requirements.
2.0 Bank Goals and Objectives
The Bank is part of HUC 03020201 located in Orange County near Hillsborough, North Carolina
(Figure 1). The project area is situated in its entirety, within the Piedmont Physiographic
Province. Ultimately, the Bank will improve the overall function, habitat, and integrity of the
Forrest Creek channel and floodplain. The mitigation plan will include the restoration (including
the dimension, pattern, and profile), enhancement, and preservation of Forrest Creek and one of
its tributaries. Narrow areas ofriverine wetlands may be restored and/or created for additional
habitat diversity in areas of the old, abandoned channels.
Forrest Creek is classified by the North Carolina «1
.; AT
Division of Water Quality (NCDWQ) as WS II (water M
?.
supply II), HQW (high quality waters) and NSW 7
(nutrient sensitive water). As such restoring and
protecting the stream and riparian area function that ,
have been severely degraded by the existing cattle
.. t •,
Forrest Creek Mitigations BankzngMitigatiora Plana, Orange County, North Caro ;Vr?
Mid Atlantic Mitigation, LL.C 3
i
operation is paramount to maintaining the uses of Forrest Creek. The local Soil and Water
Conservation District has implemented a plan to help prevent cattle from entering riparian areas
by providing a completely fenced cattle path between certain pastures on the property.
Establishing the Bank would completely prevent cattle from accessing both of the streams and
riparian areas adjacent to the streams as well as restoring, enhancing and preserving these
systems where appropriate so that these systems can have their proper ecological functions. The
objective of the restoration plan is to restore the primary stream and riparian area functions and
values associated with nutrient removal and transformation, sediment retention, flood-flow
attenuation, native species communities, and wildlife (both aquatic and terrestrial) habitat. In
particular, the Bank provides an opportunity to restore and preserve a substantial riparian zone
on lands that have been historically used for pasture, as noted on the aerial photograph of the site
(Figure 2). Water budgets including HEC-RAS and any other appropriate models will be
prepared for the site to verify that conditions are favorable for the proposed stream mitigation
area.
Stream restoration will follow methodologies consistent with natural channel design protocols
and the multi-agency Stream Mitigation Guidelines (April 2003). In addition, riparian buffers
ranging from 50 to 150 feet in width will be established along both sides of Forrest Creek and its
tributary. The riparian buffer will be designed to restore targeted natural communities that are
based on comparison of existing site conditions with established type communities (Schafale and
Weakly) with verification of appropriate species from proximate reference natural communities.
Planted species will be grown from local genetic stock from a pre-screened nursery within the
same climatic zone in an area within 200 miles north and south of the site. To assure that desired
species will be available for planting, the planting list will be developed and target plants will be
ordered from the nursery prior to the growing season preceding restoration activities. A list of
planting alternates will be created as a contingency in case specific species of pre-ordered plants
are not available or acceptable for installation. The buffers help to filter pollutants and nutrients
before entering the channels. This, along with stream restoration will aid in reducing the overall
sediment inputs at the site, as well as downstream. In addition, cattle from the on-going dairy
farm will be fenced out of the project area. This will reduce nutrient loading and bank erosion.
Restoration of the channels will include restoring the dimension, pattern and overall profile (see
Appendix B, C and D). Natural structures consisting of rock cross vanes, single-arm rock vanes
and rootwads will assist in channel stabilization and provide habitat for wildlife, both aquatic and
terrestrial. Floodplain benches will be established along both sides of the channels to provide an
area for flood attenuation. As a result, more area will be available for flood storage without the
increase of flood elevations.
• The length of the stream proposed as preservation is mostly stable with an established riparian
- buffer. Most of the buffer contains native and target plant species with few instances of invasive
or noxious species. The watershed is classified as WSII, HWQ, and NSW making the stream a
a valuable resource with the highest uses. As such, this section of the stream in a good candidate
a for preservation.

Forrest Creek Mitigation BankingMitigatzon Plan, Orange County, North Carolina
Mid AtlanticMitigatzon, LLC 4
3.0 Ownership of Bank Lands
The Bank covers three parcels owned by Milton A. Latta & Sons Dairy Farms, Inc. The
landowner has agreed to allow the stream restoration and to place the land under a permanent
conservation easement so that the site will be protected in perpetuity (Appendix A). Specific
information regarding the ownership status is provided in the chart below. The sample
conservation easement can be found in Appendix A Parcel locations are presented on Figure 2.
Initially, Mid-Atlantic Mitigation will hold and enforce the easement with the USACE acting as
a third party. Once all of the credits are sold and prior to formal bank closure a mutually
agreeable long-term land steward will be identified to hold the conservation easement. Entities
such as the Orange County Soil and Water Conservation District, the Triangle Land
Conservancy, or the NCEEP are examples of such potential holders.
Current Owner Address Pin No. Total Acreage of Tract Tract
No.
Milton A Latta & 3200 Edmund Latta

Sons Dairy
Road, Hillsborough,
9876497735 257.24 Total
255370
Farms, Inc. NC, 27278 (Only floodplain acres will be purchased)
9877601770 69.82 Total 228743
(Only flood lain acres will be purchased)
9876678660 65.88 Total 265322
(Only flood lain acres will be purchased)
Real Estate Provisions: The Sponsor shall provide for the perpetual protection and preservation
of the Forrest Creek Mitigation Bank through a permanent conservation easement. This
document will be based on the USACE and/or NCEEP model document with the language
modified to allow for existing and proposed cattle crossings easements or other specified access.
These areas will be specifically identified and excluded from the conservation easement and will
not generate mitigation credit. A copy of the conservation easement to be used as the standard is
included as Appendix A. The USACE will be given notice that all easements have been
recorded with the appropriate entity. This notice shall include a copy of a sample completed
document and a list of all properties on which these conservation documents were recorded.
4.0 Bank Size and Criterion of Resources Proposed for Inclusion in the
Bank
The proposed bank size covers approximately 25 acres with 10,200 linear feet of stream channel
associated with Forrest Creek and one of its tributaries. The Forrest Creek channel is denoted as
a perennial "blue line" stream on the US Geological Survey (USGS) 7.5 Minute Topographic
Quadrangle maps Caldwell and Hillsborough, NC and the Orange County Soil Survey (Dunn,
1977). The unnamed tributary of Forrest Creek is also shown on both the USGS and the Soil
Survey maps. Mid-Atlantic Mitigation estimates that approximately 6,900 linear feet of
restoration, 325 feet of Enhancement Level II and 3,050 linear feet of stream preservation will be
Forrest Creek Mitigation Banking Mitigation Plan, Orange County, North Carolina
Mid Atlantic Mitigation, LLC 5

provided within the site's boundaries. Please refer to Section 8 for an assessment of stream
mitigation credits.
- There are presently no wetlands classified by the USFWS National Wetland Inventory on site.
The majority of the site consists of pastureland. A recent, wetland delineation found one wetland
area along the extreme northwestern portion of the property. This area may be included in the
MBI as preservation. It is associated with the Forrest Creek channel.
5.0 Description of Baseline Conditions at the Bank Site
5.1 Site Description
The Bank is located approximately seven miles
northeast of Hillsborough and six miles
northwest of Durham in northeastern Orange
County, North Carolina (Figure 1).
Specifically, the site is situated along both sides
of Edmund Latta Road. The site is
characterized by a variable floodplain
associated with Forrest Creek which is
bordered by moderately sloping terrain along
both sides. Forrest Creek transects the site in a
southeasterly direction. The creek and one of
its unnamed tributaries drain the majority of the
area associated with the site. Elevations range
from a high of 620 feet above mean sea level at the northwestern site boundary, west of t:dmund
Latta Road, to a low of approximately 600 feet above mean sea level in the Forrest Creek
floodplain, downstream of the Edmund Latta Road crossing. Its drainage area covers
approximately 3.3 square miles. The primary land use within the study area is pastureland with
active cattle grazing.
5.2 Geology
The site is located in the Piedmont physiographic province and is composed of metavolcanic
rocks of the Carolina slate belt and eastern slate belt. According to the NC Division of Land
Resources (NCDNR, 1985), the Bank is underlain by felsic metavolcanic rock with mafic and
intermediate volcanic rocks. Moderately wide to narrow, rolling, interstream divides, intermixed
with steeper slopes along well-defined drainage ways, characterize the landscape.
5.3 Soils
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The soils underlying the site and adjacent areas are mapped as the Georgeville-Herndon
association, comprised of gently sloping and sloping, well drained soils that have a surface layer
of slit loam and a subsoil of clay loam, silty clay, -silty clay loam, and clay (Dunn, 1977).
Based on the soil survey of Orange County, Chewacla soils dominate the floodplain areas
associated with Forrest Creek and its unnamed tributary (Figure 3). Chewacla soils are classified
by the NRCS as fine-loamy, mixed, active, thermic Fluvaquentic Dystrudepts. These soils are
somewhat poorly drained soils formed in recent alluvium on nearly level floodplains along
streams that drain from the Mountains and Piedmont physiographic provinces. Slopes range from
0 to 2 percent. Chewacla soils are noted as Hydric B soils (NRCS, 2000).
5.4 Hydrology and Water Resources
Forrest Creek and its tributary are part of the upper Neuse River Basin, situated within US
Geological Survey (USGS) Hydrologic Unit Codes (HUCs) 03020201020020 (USGS 14 digit)
and 03020201 (USGS 8 digit), and NC Division of Water Quality (NCDWQ) subbasin 03-04-01.
Forrest Creek is a third order stream that enters the site from the northwest and flows in a
southeasterly direction approximately 8,000 linear feet across the site. One unnamed tributary
enters Forrest Creek from south within the project area. Upstream of the site, Forrest Creek
collects surface hydrology from several unnamed tributaries. The calculated drainage area of
Forrest Creek is approximately 3.3 square miles. Further downstream of the site, Forrest Creek
empties into South Fork Little River, which converges with North Fork Little River to form the
Little River north of Durham. The Little River ultimately drains into the Neuse River.
According to the North Carolina Department of Environment and Natural Resources (NCDENR,
1999), South Fork Little River exhibits an Index of Biotic Integrity (NCIBI) rating of
"Excellent." No ratings are available for Forrest Creek. This excellent rating was issued in 2000
and incorporates information about species richness and composition, indicator species, trophic
function, abundance and condition, and reproductive function. The ratings are translated into use
support ratings, which denote that the South Fork Little River is supporting. This information
was taken at SR 1461 approximately 10 miles downstream of the site. The surface water
classification of South Fork Little River, including Forrest Creek and its tributaries, is Class WS-
11, HQW, NSW (NCDENR, 2002). It should be noted however, that the actual condition of
Forrest Creek does not reflect this classification. The length of the stream proposed for
restoration is severely degraded, lacks effective cattle exclusion, and has little to no riparian
buffers along this reach. This project should assist with providing additional protection to the
overall watershed.
5.5 Existing Vegetation and Invasive Species
Three regions define riparian mitigation opportunities within the Forrest Creek watershed
(Figure 2). Region 1 includes the stream preservation located in the northern section of the site.
Forrest Creek Mitigation Banking Mitigation Plan, Orange County, North Carolina
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Region 2 includes two areas: the section of the tributary to Forrest Creek that runs from the
parcel boundary separating wooded area with pasture to the confluence with Forrest Creek and
the section of Forrest Creek between the preservation reach and Edmund Latta Road. Region 3
includes the remaining sections of Forrest Creek and its tributary. (See Figure 1)
Region 1 covers a wide buffer surrounding the stream. Native woody vegetation such as
hackberry (Celtis laevigata), tulip poplar (Lir•iodendrtion tzdipifera), sycamore (Platanus
occidentalis), eastern red cedar (Juniperits virginiana) and sweetgum (Liguidambar styraciflua)
dominate the canopy and understory. Some invasive species also compose a portion of the
community; however, the species do not appear to be dominant or spreading in any areas
reviewed.
Region 2 covers a mostly 50 foot buffer surrounding the stream. A significant population of
invasives including privet (Ligustrum sinense), multiflora rose (Rosa multiflora), Japanese
honeysuckle (Lonicer•a japonica), Japanese Stilt Grass (Mircostegium vimineum), Tree-of-
Heaven (Ailanthus altissima), and Princess Tree (Paulownia tomentosa) compromises the
integrity of the natural community. As part of the restoration and Enhancement Level II
activities the invasives will be removed and supplemental planting of naturally existing species
will be provided to enhance the riparian buffer.
Region 3 consists of predominantly herbaceous species including fescue (Festuca sp.) with a
- strip of woody vegetation that rarely extends beyond 10 feet from the top of bank. Both native
- and invasive tree species comprise Region 3. The trees live within an unstable high energy
environment. The accelerated erosion of the stream banks makes these trees vulnerable to
falling. These areas will be restored and planted as described above in Section 2.0 and Appendix
- E. See Figure 2.
5.6 Jurisdictional Streams and Wetlands
Forrest Creek is considered as a third order stream, while the tributary is first order. They both
classify as "G" and/or "F" stream types, using the Rosgen stream classification system. These
stream types are entrenched and exhibit signs of high shear stress through each stream reach.
Active erosion is present throughout both of the stream channels.
The US Army Corps of Engineers (USACE) and
NC Division of Water Quality (NCDWQ) will
verify the existing streams and wetlands at the site.
This verification will be conducted as part of the
Restoration Plan approval and permitting. Forrest
Creek and one of its tributaries fall under the
jurisdictional requirements issued by both the
USACE and NCDWQ. Mid-Atlantic Mitigation
Forrest Creek Mitigation Banh
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Based on the site visit July 25, 2006, Forrest Creek and the unnamed tributary had flowing water
with fish and other aquatic species. As such, it is assumed that the systems are perennial
considering the time of year.
has determined that jurisdictional wetlands exist within the Forrest Creek floodplain upstream of
the Edmund Latta Road crossing. These wetlands and associated stream channel will be
preserved as part of the mitigation bank. No wetlands exist within the proposed stream
restoration areas due to the existing land use, current vegetation and soil types.
It is anticipated that a Nationwide Permit No. 27 with the corresponding Water Quality
Certification will be required. Additionally, it is anticipated that a Sedimentation and Erosion
Control Permit and the corresponding NPDES Stormwater Permit will also be required. No other
Federal or State permits or approvals are anticipated.
5.7 Flood Mapping
• Portions of the Bank, including the channel of Forrest Creek and its immediate floodplain are
located within the newly determined Federal Emergency Management Association's (FEMA's)
designated floodway and approximate 100-year flood boundary. These areas are inundated by
the 100-year flood. As a result, permitting may require the completion of a no-rise certification
- or a Conditional Letter of Map Revision (CLOMR) be completed prior to construction. A copy
of the FEMA map is provided in Figure 4. This copy has not been revised with the new
designations.
5.8 Cultural Resources
A review of properties to be determined eligible for the National Register of Historic Places at
the State Historic Preservation Office (SHPO) was conducted for the study area and surrounding
areas. According to the files, there are no National Register properties within a one-mile radius
of the study area. In addition, the SHPO Archaeological Section was contacted in order to
determine if documented archaeological sites occur at or near the study area. No sites were
identified within a one-mile radius of the study area. Mid-Atlantic Mitigation will seek a
clearance letter from the SHPO prior to implementing the restoration plan.
5.9 Protected Species
According to the US Fish and Wildlife Service (USFWS), there are four endangered species
(red-cockaded woodpecker, dwarf wedge mussel, Michaux's sumac, and smooth coneflower)
and thirteen federal species of concern (Carolina darter, Carolina redhorse, Atlantic pigtoe, brook
floater, Carolina well diacyclops, Green floater, savanna lilliput, yellow lampmussel, butternut,
creamy tick-trefoil, sweet pinesap, Torrey's mountain-mint, and a liverwort) potentially
occurring in Orange County. In addition, The NC Natural Heritage Program (NCNHP) identifies
another 10 species listed as endangered, threatened, or of special concern species also potentially
occurring in the county. A review of the NCNHP database of documented occurrences did not
reveal the presence of any of the aforementioned species within a one-mile radius of the site.
Preliminary field investigations did not identify suitable habitat for any of the species listed as
Forrest Creek Mitigation Banking Mitigation Plan, Orange County, North Carolina
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federally endangered or federal species of concern. Additional investigations will be conducted
for each of these species and their appropriate habitat requirements as part of the Restoration
• Plan. A Section 7 (ESA) clearance will be sought prior to restoration activities.
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5.10 Environmentallssues
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• The Mid-Atlantic Mitigation Team obtained preliminary data from Environmental Data
• Resources, Inc. (EDR) regarding the potential for on-site or nearby sources of contamination.
• EDR maintains an updated database of current and historical sources of contamination. All
storage tanks, whether above-ground or underground are identified, as well as superfund sites,
• landfills, hazardous waste sites, and other potential hazards. No sites exist on their database
• within a one-mile radius of the site.
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• 6.0 Geographic Service Area
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• The Bank is situated within the upper Neuse River Basin, sub-basin 17, Hydrologic Unit Code
• 03020201, which corresponds to NCDWQ sub-basin 03-04-01. The drainage area of the site is
approximately 3.3 square miles. The geographic service area is proposed to include the entire
• upper Neuse River Basin (HUC 03020201). Use of the Bank Site to compensate for impacts
• beyond the geographic service area may be considered by the USACE or the permitting agency
• on a case-by-case basis.
• 7.0 Aquatic Resource Impacts Suitable for Compensation
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• The proposed designs for the Bank will entail stream restoration, stream preservation and
wetland preservation. Wetland restoration, enhancement and/or creation credits may also be
• available once designs are completed. The stream mitigation aspect will compensate for stream
• impacts and/or losses to similar resources throughout the basin. Initially, wetland mitigation will
- consist primarily of preservation, but this may be revised as restoration plans are developed.
Mid-Atlantic Mitigation and the MBRT will determine the actual formula for compensation,
• since only minor amounts of restoration, enhancement, and/or creation will be proposed. A
• proposed restoration summary is presented in Appendix B, C and D and shown in Figure 1.
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• 8.0 Methods for Determining Credits and Debits
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• According to the US Army Corps of Engineers (USACE) and NCDWQ, Stream Mitigation Units
• (SMUs) are determined by using the formula [SMU = (Restoration/ 1.0) + (Enhancement Level
I11.5) + (Enhancement Level II/2.5) + (Preservation/5.0)] as noted in the Stream Mitigation
• Guidelines (USACE, 2003). The Bank exhibits approximately 6,900 linear feet of restoration,
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325 feet of Enhancement Level 11, and 3,050 linear feet of stream preservation. The following
chart relates existing linear footage and anticipated SMUs for the Bank.
Proposed Mitigation Type Linear Feet SMU Formula
Stream Restoration (Forrest Creek and Tributary) 6,900 6,900
Stream Preservation (Forrest Creek) 3,050 610
Stream Enhancement Level II (Forrest Creek) 325 130
TOTALS 10,200 7,640
The preservation and restoration of streams and preservation of wetlands associated with the
Bank will follow guidelines established by the USACE, Wilmington District. Mitigation bank
wetland credits, if available, will be calculated using the following methodology:
Restoration Acres (R) _ (1:1)
Enhancement Acres (E) _ (2:1)
Creation Acres (C) _ (3:1)
Preservation Acres (P) _ (5:1)
Credit Release Schedule: Typically, fifteen percent (15%) of the projected credit total for the
Bank Sites developed as part of the Forrest Creek Mitigation Bank (other than preservation
acreage which are available in their entirety as described below) shall be available for advance
sale and debiting, provided the following minimum requirements have been satisfied; (i)
execution of the MBI by the Sponsor, the USACE and the other agencies eligible for
membership in the MBRT who choose to execute the agreement; (ii) the Mitigation Plan has
been approved; and (iii) a conservation easement/declaration of restrictions (as described
previously in the Prospectus) is placed on the Bank Site; and (iv) appropriate financial
assurances of a type and amount acceptable to the USACE and the MBRT have been established,
if necessary. Credit release shall begin as soon as the above conditions have been met.
Stream Restoration and Enhancement Credit Release:
§ 15% for items i through iv, above.
§Construction release:
10 % upon completion of all initial physical and biological improvements made pursuant
to the mitigation plan: (25% cumulative)
§After year 1: (35% and 45% cumulative)
10% if no bankfull event occurs: 20% if bankfull event has occurred, channel is stable
and all other success criteria met.
§After year 2: (45% and 55% cumulative)
10% if the first bankfull event occurred in a previous year or a bankfull event does not
occur in this year. 20% if the first bankfull event occurs in this year, channel is stable and
all other success criteria met.
§After year 3: (55% to 65% cumulative)
10% or 20% (same as year 2).
§After year 4: (65% to 75% cumulative)
10% or 20% (same as year 2 and year 3)
§After year 5: (90% to 100% cumulative)
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25% if at least one bankfull event has occurred in the previous year(s). 35% if the first
bankfull event occurs in year 5 and the MBRT makes a determination of functional
success as defined in the mitigation plan.

The above schedule applies only to the extent the Sponsor documents acceptable survival and
growth of planted vegetation, attainment of acceptable wetland/stream conditions as described
- under the success criteria in the monitoring section of the mitigation plan.
Preservation Credit Release:

- For the portion of the Bank Site considered to be preservation, it is requested that 100% of the
credit be released immediately upon execution of the MBI by the Sponsor, the USACE, and
other agencies eligible for membership in the MBRT who choose to execute this agreement and
recordation of the preservation mechanism.
No wetland restoration or enhancement is proposed at this time; however, should any be
proposed during the design phase, the credit release schedule below would apply.

- Wetlands Credit Release:
§ 10% after first year, if interim success measures are met (total 25%);
- § 10% after second year; if interim success measures are met (total 35%);
• § 10% after third year; if interim success measures are met (total 45%);
§ 15% after fourth year; if interim success measures are met (total 60%);
§ 15% after fifth year, if Success Criteria are met (total 75%); and
• § 25% after fifth year, if the bank site meets the overall objectives and Success Criteria
- set forth in mitigation plan (total 100%).
Use of Credits
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Decision-Making Authority for Use of the Bank:
The USACE is the regulatory authority for permit decisions pursuant to Section 404 of the Clean
Water Act, including determinations of compliance with the USACE permit regulations (33 CFR
- Parts 320-330) and Section 404 (b) (1) Guidelines (40 CFR Part 230). NCDWQ also has been
designated the regulatory authority in North Carolina for issuing Water Quality Certifications for
wetlands and streams impacts through Section 401 of the Clean Water Act. NCDWQ has
developed mitigation requirements, as well, regarding wetland and stream impacts. NCDWQ
- has implemented rules for protecting stream buffers in the Neuse Basin that includes
requirements for mitigating impacts to riparian buffers. The USACE will determine the amount
of compensatory mitigation required for each 404 permit, and the equivalent number of credits
necessary to meet mitigation requirements and whether the Forrest Creek Mitigation Bank is
- acceptable for use. To the extent that the Bank may be authorized for use under other Federal,
State, or local programs, the USACE, in consultation with the affected regulatory entity, will
determine the eligibility of projects to use the Bank on a case-by-case basis. The objective of the

Forrest Creek Mitigation Banking Mitigation Plan, Orange County, North Carolina
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Bank is to meet the USACE and NCDENR waters of the US, water supply watershed, and future
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• 9.0 Accounting Procedures
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Mid-Atlantic Mitigation will maintain an annual bank ledger and will submit to the MBRT a
• statement including the number of mitigation credits, dates awarded and the permit or file
number from the appropriate regulatory agency for each transaction. The report will be submitted
• within two weeks of credit transfer.
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• 10.0 Performance Standards for Determining Credit Availability and Bank
• Success
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• Sponsor's Obligations: The Sponsor agrees to perform all necessary work, in accordance with
the provisions of the MBI to establish and/or maintain the Bank Site or phases of the Bank Site,
• until (1) credits have been exhausted or banking activity is voluntarily terminated through
written notice by the Sponsor with approval of the USACE and MBRT; and (2) it has been
• determined that the debited Bank Site has satisfied all the conditions in the MBI. It is anticipated
• that the MBRT will provide official notification that a Bank Site has been "closed out" upon
• receiving a request by Sponsor including documentation that the site can be closed out.
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• All mitigation plans and banking agreements will be submitted to the MBRT for approval prior
to bank transactions. Approval will require a demonstration of financial and legal assurances to
• create and operate the mitigation bank by the bank sponsor. Monitoring of the restoration and
• enhancement areas will be performed for five years or until success criteria are met. Monitoring
• in the restoration area is proposed for stream dimension, pattern and profile, as well as riparian
buffer vegetation. Monitoring in the Enhancement Level II area is proposed for the riparian
• vegetation only. The monitoring plan will be in accordance with USACE protocols.
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Success criteria for stream mitigation sites are based on the Stream Mitigation Guidance (April
2003) established by the USACE, US Environmental Protection Agency (USEPA), NC Wildlife
• Resources Commission (NCWRC) and the NCDWQ. These guidelines establish criteria for both
• hydrologic conditions and vegetation survival.
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Restored stream reaches: The restored stream geometry will be considered successful if the
cross-section geometry, profile, and sinuosity are stable or reach a dynamic equilibrium. It is
expected that there will be minimal changes in the designed cross sections, profile, and/or
substrate composition. Changes that may occur during the monitoring period will be evaluated to
determine if they represent a movement toward a more unstable condition (e.g. down cutting,
erosion, etc.) or are minor changes that represent an increase in stability (e.g. settling, vegetative
changes, coarsening of bed material, etc.).
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An initial, though not exclusive, indicator of success will be adherence to design or reference
ratios of stream geometry found in the morphological table or in comparable and stable reference
systems.
Deviation from the design ratios will not necessarily denote failure as it is possible to maintain
- stability and not stay within the design geometry. The following key indicators of stability
provide a more complete picture of stream stability:
- § Stream Type: Maintenance of the design stream type or progression or conversion to stable
stream type such as C or E will indicate stability
§ Bank Height Ratio: Bank height ratio between 1.0 and 1.1 will indicate flood flows have
- access to the active floodplain and that higher flows do not apply excessive stresses to stream
- banks
Erosion of upstream unstable stream banks will persistently contribute sediment to the project
- reaches. The designer anticipates that the excess sediment will either be routed through the
project area or deposited in target areas such as point bars and the floodplain. Minor
sedimentation of pools and glides may occur. The pools are designed to be over dug to account
for some sedimentation.
- Vegetation success will measure the likelihood of the reforested stands developing into the
communities specified in Appendix E. Stands that show progression towards a target species
composition and overall abundance will be considered successful. The target composition will
• be the measure of reproductively viable populations of target species within the stand. A
majority (80%) of the targeted species should be present in the reforestation area in numbers and
condition conducive to continuing the species through the maturation of the community. The
population of noxious species will be kept below 10% of the total population. Abundance as
- measured by the total population of species within the reforested area will meet USACE
guidelines for wetland and stream mitigation. Appendix E provides a listing of target species
and also provides a list of species not considered target species (non-target). For the purposes of
this mitigation plan, noxious species are defined as those plants listed in the Exotic Plant
- Guidelines by Cherri Smith in 1998 for the North Carolina Department of Environment and
Natural Resources Division of Parks and Recreation.
- Community composition and abundance will be tracked through plots measuring survival of
• planted and recruited stems. Survivability will be based on 320 stems per acre after three years
and 260 stems per acre after five years. A survey of vegetation between June 1 and October 31
will be conducted annually over the five year monitoring period in order to verify survivability
- of the installed plantings and recruited species. This survey will track the total mortality per
- species on an annual basis and be used to calculate survivability at the end of three and five
years. Total survivability of less than 320 stems/acre at the end of three years and less than 260
stems/acre at the end of five years or the depletion of a target species may require the installation
- of additional plantings as replacement for the mortality. A finding of noxious species populations
• greater than 10% of the survey may require site maintenance to remove the noxious species.
Vegetation monitoring and maintenance protocols as well as remediation plans introduced in this
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• 11.0 Reporting Protocols and Monitoring Plans
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• Monitoring of the Bank will be performed until success criteria are met as defined in the
• restoration plans and the permits (for a minimum of five years). Monitoring is proposed for
- hydrology, stream bank integrity, and vegetation. The monitoring plan will be designed in
• accordance with the USACE Stream Mitigation Guidelines (2003). Results will be documented
on an annual basis, with the associated reports submitted to the MBRT as evidence that goals are
• being achieved. Both Mid-Atlantic Mitigation and the MBRT, in coordination with the
• appropriate regulatory agencies, will determine when the performance standards have been
• achieved at the Bank. If standards are not met, the Bank sponsor, Mid-Atlantic Mitigation, will
perform appropriate remedial activities to satisfy the MBRT. Mitigation credit will be released
• and utilized in accordance with a schedule approved by MBRT.
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• 11.1 Stream Channel Assessment
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• The monitoring plan to evaluate the success of the stream restoration project is based on
• guidance provided by The Stream Mitigation Guidelines disseminated by the United States
• Corps of Engineers - Wilmington District and recommendation from the Ecosystem
• Enhancement Program. The collection and summarization of monitoring data will be conducted
in accordance with the most current version of the EEP documents entitled "Content, Format,
• and Data Requirements for EEP Monitoring Reports"
• Upon completion of the restoration project, an as-built survey will be conducted that documents
• the following conditions:
• § Geomorphology (dimension, pattern, and profile)
• § Channel materials
• § Channel stability and in-stream structure functionality
• § Wetland hydrology
• § Vegetation (stream and wetland)
• The survey of channel dimension will consist of permanent cross sections placed at
approximately two cross sections (one riffle and one pool) per unique stream segment. The cross
• sections will represent approximately 50% riffles and 50% pools. Annual photographs showing
both banks and upstream and downstream views will be taken from permanent, mapped photo
• points. The survey of the longitudinal profile will represent distinct areas of restoration and will
• cover a cumulative total of 3,000 linear feet of channel. Newly-constructed meanders will be
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surveyed to provide pattern measurements. Channel material measurements will be collected by
using pebble counts of the permanent cross sections. _
The entire restored length of stream will be investigated for channel stability and in-stream
structure integrity. Any evidence of channel instability will be identified, mapped, and
photographed. All structures will be inventoried for functionality and photographed.
The monitoring will occur annually for a minimum of five years. The monitoring period should
include two separate years with bankfull events. Bankfull events will be verified using an
installed crest gauge that will be inspected during each monitoring visit and after significant
storm events. If there are not two bankfull events, the monitoring period may be extended at the
discretion of the USAGE, Raleigh Regulatory Field Office Project Manager and the NCDWQ
401-Wetlands Unit. Monitoring reports will be submitted during years 1-5.
11.2 Vegetation
Vegetation requirements state that 260 stems/acre representing a majority of target species must
be viable for success after the five year monitoring period. Should the performance criteria
outlined above not be met during the monitoring period, Mid-Atlantic Mitigation will provide the
MBRT with their remediation proposal, detailing corrective actions and/or maintenance actions
proposed and an implementation schedule for said actions, planned to meet the criteria. Upon
review and approval of said corrective measures by the MBRT, Mid-Atlantic Mitigation will
implement the necessary corrective measures.
Monitoring for the progress of vegetation restoration will follow protocol developed by the
Carolina Vegetation Survey (CVS) Level 2 inventory plots. Level 2 plots count planted stems
and total woody stems including recruits. The Level 2 inventory also assesses the health of the
inventoried vegetation. Modules, the standard area of inventory, cover a 100 square meter area.
The modules will be placed randomly throughout the restoration and enhancement areas. The
total area inventoried by the modules will compose 3 -5% of the total restoration and
enhancement area. Initial sampling will occur within 60 days of the plantings. The Year 1
monitoring will occur during September with subsequent year's samplings occurring between
June 1 and October 31. For each module, photos will be taken each year at permanent photo
points.
Noxious species will be identified and controlled so that none become dominant or alter the
desired community structure of the site. If noxious plants are identified as a problem in the site,
Mid-Atlantic Mitigation will develop a species-specific control plan for approval by the MBRT
prior to implementation.
Through coordination with the MBRT during the five-year monitoring period, Mid-Atlantic
Mitigation, where necessary, will remove, treat, or otherwise manage undesirable plant or animal
species, including physical removal, use of herbicides, live trapping, confining wires, or nets.
The site will be fenced to keep cattle out of the mitigation areas.
Forrest Creek Mitigation Banking Mitigallon Plan, Orange County, North Carolina
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•
• All vegetation removal from the site shall be done by mechanical means only unless the MBRT
• has first authorized the use of herbicides for the control of plants in or immediately adjacent to
• the site.
•
• 11.3 Frequency
•
•
• All monitoring reports will be submitted to the USACE, the MBRT's designated representative
• for coordination with the appropriate regulatory agencies by December of each year. Reports will
• be submitted to the MBRT by the end of each year unless a different report submittal date is
requested. The year of construction will have two submittals, one being the As-Built drawings
• and the second being the First Year Annual Monitoring Report. It is understood that the USACE
• will coordinate any monitoring report submittals with the MBRT and other appropriate
• regulatory agencies. If monitoring reports indicate any deficiencies in achieving the success
criteria on schedule, a remedial action plan will be included in the annual monitoring reports.
• Implementation of the remedial plan will be Mid-Atlantic Mitigation's responsibility. Mid-
Atlantic Mitigation will be available to coordinate any agency site visits, both before and after
• restoration activities have been completed. Vegetative monitoring will be conducted during the
summer months of each monitoring year.
•
• 12.0 Contingency and Remedial Actions and Responsibilities
•
• The annual monitoring report will note any conditions requiring remedial action and the probable
• cause will be determined. The Bank sponsor, Mid-Atlantic Mitigation, will be responsible for
• problems relating to design, construction and/or maintenance issues. The success of the
restoration, enhancement and preservation activities will be provided by Mid-Atlantic
• Mitigation.
•
• 13.0 Financial Assurances
•
• The Sponsor will provide security in the form of acceptable performance bonds or letters of credit as
• described in the following paragraph to guarantee delivery of the minimum number of Mitigation Units
sold. The performance bonds must be obtained from a company licensed in North Carolina with a Best's
• current rating of not less than "A -". The performance bonds will follow the prescribed wording provided
• in N.C.G.S. § 44A-33.
The Sponsor must provide a performance bond for 55% of the total cost of the construction and must be
• in effect and submitted with the executed conservation easement. This bond must remain in effect until
• the Sponsor has received written notification from the USACE that the requirements pertaining to
construction and planting described in the Mitigation Plan have been met. After the project has been
• successfully constructed and planted according to the Mitigation Plan, the bond can then be retired.
• 14.0 Provisions for Long-Term Management and Maintenance
•
•
• Forrest Creek Mitigation Ban
king Mitigation Plan, Orange County, North Carolina
• Mid Atlantic Mitigation, LLC 17
•
•

The Bank sponsor, Mid-Atlantic Mitigation, will be responsible for maintaining the Bank until
all monitoring requirements have been met, but for at least five (5) years. At that time, the
- MBRT may perform a final compliance visit to confirm that all success criteria have been met.
The Bank will be protected in perpetuity through a conservation easement (included in Appendix
A), prior to the Bank closure. The conservation easement will ensure that future activities
including agriculture, mining, dredging, timbering and development will not occur on the
- restored site. The conservation easement will be transferred to a qualified long-term land steward
approved by the MBRT. The long term land steward will be responsible for managing the site in
perpetuity in accordance with terms and conditions of the approved conservation easement.
Possible land stewards include Orange County Soil and Water District, the Triangle Land
Conservancy, or the NCEEP.
Forrest Creek Mitigation Banking Mitigation Plan, Orange County, North Caro, 'na
Mid Atlantic Mitigation, LLC is
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APPENDIX A Model Conservation Easement
Forrest Creek Mitigation Banking Mitigation Plan, Orange County, North Carohna
Mid Atlantic Mitigation, LLC 20

MODEL CONSERVATION EASEMENT

January 18, 2001
• Revd October 16, 2002
'
Rev
d August, 2003

- Model Conservation Easement for use in preserving mitigation property. Language in
- italics is instructional, and should be deleted when site-specific Conservation Easement
is prepared.

• PERMANENT CONSERVATION EASEMENT

THIS CONSERVATION EASEMENT ("Conservation Easement") made this
• day of , 200 by and between ,
- ("Grantor") and (Grantee).
The designation Grantor and Grantee as used herein shall include said parties,
- their heirs, successors and assigns, and shall include singular, plural, masculine, feminine
- or neuter as required by context.
RECITALS
-
WHEREAS, Grantor owns in fee simple certain real property situated, lying and
being in County, North Carolina, more particularly
described in Exhibit A attached hereto and incorporated herein ("Property");
•
WHEREAS, Grantee is [either a public body of this state, an agency of the United
States, or a nonprofit corporation or trust whose purpose is the conservation of property],
and is qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat.
- § 121-35;
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or
aesthetic value of the property in its natural state, which includes the following natural
. communities: [describe by wetland and/or stream type, as well as any associated buffers
or upland communities]. The purpose of this Conservation Easement is to maintain
wetland and/or riparian resources and other natural values of the Property, and prevent
- the use or development of the Property for any purpose or in any manner that would
- conflict with the maintenance of the Property in its natural condition.
a [For use when the mitigation is offered for impacts of a single individual or
• general permit use] WHEREAS, the preservation of the Property is a condition of
- Department of the Army permit Action ID issued by the Wilmington
District Corps of Engineers, required to mitigate for unavoidable stream and/or wetland
impacts authorized by that permit. Grantor and Grantee agree that third-party rights of
• enforcement shall be held by the U.S. Army Corps of Engineers, Wilmington District

(Corps, to include any successor agencies), and that these rights are in addition to, and do
not limit, the rights of enforcement under said permit. -
[Alternate paragraph for use when the conservation easement supports a
mitigation bank] WHEREAS, the preservation of the Property is required by a Mitigation
Banking Instrument for the [Name of Bank], Department of the Army Action ID [Action
ID number for the mitigation bank]. The Mitigation Bank is intended to be used to
compensate for unavoidable stream and/or wetland impacts authorized by permits issued
by the Department of the Army. Grantor and Grantee agree that third-party rights of
enforcement shall be held by the U.S. Army Corps of Engineers, Wilmington District
(Corps, to include any successor agencies), and that these rights are in addition to, and do
not limit, the rights of the parties to the Mitigation Banking Instrument.
NOW, THEREFORE, for and in consideration of the covenants and
representations contained herein and for other good and valuable consideration, the
receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby
unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors
and assigns, forever and in perpetuity a Conservation Easement of the nature and
character and to the extent hereinafter set forth, over the Property described on Exhibit A,
together with the right to preserve and protect the conservation values thereof, as follows:
ARTICLE I.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This conservation Easement is an
easement in gross, runs with the land and is enforceable by Grantee against Grantor,
Grantor's personal representatives, heirs, successors and assigns, lessees, agents and
licensees.
ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purpose of this
Conservation Easement is prohibited. The Property shall be preserved in its natural
condition and restricted from any development that would impair or interfere with the
conservation values of the Property.
Without limiting the generality of the foregoing, the following activities and uses
are expressly prohibited, restricted or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the Property or any introduction of non-native
plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building,
mobile home, asphalt or concrete pavement, billboard or other advertising display,

antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or
permanent structure or facility on or above the Property.

C. Industrial, Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any right of passage for such purposes are prohibited.

• D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal
- husbandry, and horticultural use of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting
or mowing of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways
on the property; nor enlargement or modification to existing roads, trails or walkways.

G. Signage. No signs shall be permitted on or over the Property, except the
posting of no trespassing signs, signs identifying the conservation values of the Property,
signs giving directions or proscribing rules and regulations for the use of the Property
and/or signs identifying the Grantor as owner of the property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or other
materials on the Property is prohibited.

w I. Excavation, Dredging or Mineral Use. There shall be no grading, filling,
• excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any manner
on the Property, except to restore natural topography or drainage patterns.

i J. Water Quality and Drainage Pattern. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or alteration
- of the restored, enhanced, or created drainage patterns. In addition, diverting or causing
or permitting the diversion of surface or underground water into, within or out of the
easement area by any means, removal of wetlands, polluting or discharging into waters,
springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.

• K. Development Rights. No development rights that have been encumbered or
extinguished by this Conservation Easement shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited. [The Corps
- will generally allow the use of vehicles on existing roads provided those roads are

r

i
- identified by reference to a recorded map showing their location, configuration, and
size.]
• M. Other Prohibitions. Any other use of, or activity on, the Property which is or
may become inconsistent with the purposes of this grant, the preservation of the Property
substantially in its natural condition, or the protection of its environmental systems, is
- prohibited.
ARTICLE III
GRANTOR'S RESEVERED RIGHTS
• The Grantor expressly reserves for himself, his personal representatives, heirs,
successors or assigns, the right to continue the use of the property for all purposes not
inconsistent with this Conservation Easement, including, but not limited to, the right to
- quiet enjoyment of the Property, the rights of ingress and egress, the right to hunt, fish,
- and hike on the Property, the right to sell, transfer, gift or otherwise convey the Property,
in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms
of, and shall specifically reference, this Conservation Easement.

[For use when mitigation work (approved or required restoration, creation, or
enhancement)is to be done on the property]Notwithstanding the foregoing Restrictions,
Grantor reserves for Grantor, its successors and assigns, the right to construct wetland
- and stream mitigation on the Property, in accordance with the [describe mitigation plan
• by title, date and permit action id if a single mitigation site; if a mitigation bank, include
"
the language
detailed mitigation plan approved in accordance with the Mitigation
Banking Instrument for the Mitigation Bank.]
-
ARTICLE IV.
'
GRANTEE
S RIGHTS

- The Grantee or its authorized representatives, successors and assigns, and the
Corps, shall have the right to enter the Property at all reasonable times for the purpose of
inspecting said property to determine if the Grantor, or his personal representatives, heirs,
successors, or assigns, is complying with the terms, conditions, restrictions, and purposes
- of this Conservation Easement. The Grantee shall also have the right to enter and go
upon the Property for purposes of making scientific or educational observations and
studies, and taking samples. The easement rights granted herein do not include public
access rights.
ARTICLE V
ENFORCEMENT AND REMEDIES

• A. To accomplish the purposes of this Easement, Grantee is allowed to prevent
any activity on or use of the Property that is inconsistent with the purposes of this
Easement and to require the restoration of such areas or features of the Property that may
be damaged by such activity or use. Upon any breach of the terms of this Conservation

-
Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify
the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of
such notice to correct the conditions constituting such breach. If the breach remains
- uncured after 30 days, the Grantee may enforce this Conservation Easement by
appropriate legal proceedings including damages, injunctive and other relief.
Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice,
to obtain a temporary restraining order, injunctive or other appropriate relief if the breach
. of the term of this Conservation Easement is or would irreversibly or otherwise
materially impair the benefits to be derived from this Conservation Easement. The
Grantor and Grantee acknowledge that under such circumstances damage to the Grantee
would be irreparable and remedies at law will be inadequate. The rights and remedies of
- the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights
and remedies available to Grantee in connection with this Conservation Easement. The
costs of a breach, correction or restoration, including the Grantee's expenses, court costs,
and attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be
- responsible for the breach. The Corps shall have the same right to enforce the terms and
conditions of this easement as the Grantee.

- B. No failure on the part of the Grantee to enforce any covenant or provision
hereof shall discharge or invalidate such covenant or any other covenant, condition, or
provision hereof or affect the right to Grantee to enforce the same in the event of a
- subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed to entitle
Grantee to bring any action against Grantor for any injury or change in the Property
- resulting from causes beyond the Grantor's control, including, without limitation, fire,
- flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or
from any prudent action taken in good faith by Grantor under emergency conditions to
prevent, abate, or mitigate significant injury to life, damage to property or harm to the
• Property resulting from such causes.
ARTICLE VI
MISCELLANEOUS
•
A. Warran . Grantor warrants, covenants and represents that it owns the
Property in fee simple, and that Grantor either owns all interests in the Property which
may be impaired by the granting of this Conservation Easement or that there are no
- outstanding mortgages, tax liens, encumbrances, or other interests in the Property which
have not been expressly subordinated to this Conservation Easement. Grantor further
warrants that Grantee shall have the use of and enjoy all the benefits derived from and
arising out of this Conservation Easement, and that Grantor will warrant and defend title
- to the Property against the claims of all persons.

-
B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this
Conservation Easement in any deed or other legal instrument that transfers any interest in
all or a portion of the Property. The Grantor agrees to provide written notice of such
- transfer at least thirty (30) days prior to the date of the transfer. The Grantor and Grantee
agree that the terms of this Conservation Easement shall survive any merger of the fee
• and easement interests in the Property or any portion thereof and shall not be amended,
modified or terminated without the prior written consent and approval of the Corps.

C. Assignment. The parties recognize and agree that the benefits of this
Conservation Easement are in gross and assignable provided, however that the Grantee
hereby covenants and agrees, that in the event it transfers or assigns this Conservation
- Easement, the organization receiving the interest will be a qualified holder under N.C.
Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee
further covenants and agrees that the terms of the transfer or assignment will be such that
- the transferee or assignee will be required to continue in perpetuity the conservation
• purposes described in this document.
D. Entire Agreement and Severabilitv. This instrument sets forth the entire
- agreement of the parties with respect to the Conservation Easement and supersedes all
. prior discussions, negotiations, understandings or agreements relating to the Conservation
Easement. If any provision is found to be void or unenforceable by a court of competent
jurisdiction, the remainder shall continue in full force and effect.

- E. Obligations of Ownership. Grantor is responsible for any real estate taxes,
assessments, fees, or charges levied upon the Property. Grantor shall keep the Property
free of any liens or other encumbrances for obligations incurred by Grantor. Grantee shall
- not be responsible for any costs or liability of any kind related to the ownership,
• operation, insurance, upkeep, or maintenance of the Property, except as expressly
provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with
federal, state or local laws, regulations and permits that may apply to the exercise of the
- Reserved Rights.
F. Extinguishment. In the event that changed conditions render impossible the
continued use of the Property for the conservation purposes, this Conservation Easement
- may only be extinguished, in whole or in part, by judicial proceeding.
a G. Eminent Domain. Whenever all or part of the Property is taken in the exercise
of eminent domain so as to substantially abrogate the Restrictions imposed by this
- Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time
of such taking to recover the full value of the taking, and all incidental and direct
damages due to the taking.

- H. Proceeds. This Conservation Easement constitutes a real property interest
immediately vested in Grantee. In the event that all or a portion of this Property is sold,
exchanged, or involuntarily converted following an extinguishment or the exercise of
eminent domain, Grantee shall be entitled to the fair market value of this Conservation

-
Easement. The parties stipulate that the fair market value of this Conservation Easement
shall be determined by multiplying the fair market value of the Property unencumbered
by this Conservation Easement (minus any increase in value after the date of this grant
- attributable to improvements) by the ratio of the value of this easement at the time of this
grant to the value of the Property (without deduction for the value of this Conservation
Easement) at the time of this grant. The values at the time of this grant shall be the values
used, or which would have been used, to calculate a deduction for federal income tax
- purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or
ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner
consistent with the purposes of this Conservation Easement.

• I. Notification. Any notice, request for approval, or other communication
required under this Conservation Easement shall be sent by registered or certified mail,
postage prepaid, to the following addresses (or such address as may be hereafter specified
by notice pursuant to this paragraph):

To Grantor
[Name, address and fax number]

. To Grantee:
[Name, address and fax number]

- To the Corps:
- [Name, address and fax number]

J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this
Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a
reasonable period of time after the occurrence of one of these events Grantee fails to
- make an assignment pursuant to this Conservation Easement, then the Grantee's interest
- shall become vested in another qualified grantee in accordance with an appropriate
proceeding in a court of competent jurisdiction.

- K. Amendment. This Conservation Easement may be amended, but only in a
• writing signed by all parties hereto, and provided such amendment does not affect the
qualification of this Conservation Easement or the status of the Grantee under any
applicable laws, and is consistent with the conservation purposes of this grant.
-
L. [For use if there is a document describing the current condition of the
property. The language provided is applicable if there is a mitigation plan that
accurately describes the current condition and uses of the property. If there is not such a
- plan, another document we agree is accurate and can be identified and is in our files can
be referenced.]Present Condition of the Property. The wetlands, scenic, resource,
environmental, and other natural characteristics of the Property, and its current use and
state of improvement, are described in Section , Appendix B of the Mitigation Plan,

dated , prepared by Grantor and acknowledged by the Grantor and
Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee
have copies of this report. It will be used by the parties to assure that any future changes
in the use of the Property will be consistent with the terms of this Conservation
Easement. However, this report is not intended to preclude the use of other evidence to
establish the present condition of the Property if there is a controversy over its use.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for
the aforesaid purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.
[Signatures of the Grantor and Grantee in appropriate form]
r
APPENDIX B - Description of Stream Restoration and Enhancement Level II
• Proposed Restoration Summary
- Initial site inspections of Forrest Creek and the Ut to Forrest Creek showed that both channels
are unstable due to the current and past land use activities. Forrest Creek is overwide with
sections of severe bank erosion. Portions of the riparian buffer are currently being degraded or
are a part of the active pasture areas. The Ut to Forrest Creek is experiencing an increase in
- sediment load and is being severely degraded by cattle traffic. The lack of adequate buffer and
sinuosity combined with the noticeable bank scour and channel incision indicates that changes to
the dimension, pattern, profile and additional buffer will be required for restoration activities.
• Forrest Creek from the downstream property boundary to the confluence with Ut to Forrest
Creek will be restored by using natural channel design techniques consistent with Rosgen
Priority 1. This reach will be restored to a Rosgen C channel type, reconnecting the channel to its
historic floodplain, while correcting the dimension and profile. Rosgen Priority 11 restoration is
- proposed from the confluence to approximately 435 linear feet upstream of Edmund Latta Road.
This technique will allow the pattern and dimension to be adjusted, while using the current
channel invert as a base. The existing channel will be utilized where possible to make use of
- existing bedrock and to minimize the impacts to the larger hardwood trees. A bankfull bench
will be constructed to allow the channel to access a floodplain during flood events.
Approximately 315 linear feet of the main channel is impounded due to a crushed culvert
causing a backwater condition. This pipe will be replaced in order to restore normal flow
- conditions to the area and a 50 foot riparian buffer will be planted qualifying this reach as
Rosgen Enhancement Level ll. This crossing will consist of a culvert with invert placed below
the stream bed grade per NCDWQ and USACE requirements. The current crossing is acting as a
weir. The proposed crossing will remove the weir and seek to match the original stream grade.
- The remaining 3,050 linear feet of the upper reach of Forrest Creek will be placed into
- preservation. This includes the area ponded by beaver activity at the very upper reaches of the
preservation portion of the project.
- The UT to Forrest Creek will be restored using a combination of Rosgen Priority I and 11
- restoration techniques. Cattle have open access to most of the upper reach and have severely
degraded the channel, where in some cases there is no defined dimension, pattern, or profile.
The cattle will be excluded from the channel through livestock fencing of the easement area. A
- permanent cattle crossing will be installed just upstream of the confluence with Forrest Creek.
This crossing will consist of a culvert with invert placed below the stream bed grade per
NCDWQ and USACE requirements. This crossing will not be included in the easement area.
Rosgen Priority 11 restoration will be utilized from the upstream property boundary to the
- Edmund Latta Road crossing. The upstream channel bed elevation and the culvert at Edmund
Latta Road will control the profile elevations. The remainder of the channel will utilize Rosgen
Priority I restoration techniques.
- Restoring the channels to their natural dimension, stabilizing their profile, and correcting the
pattern will reduce shear stress, increase stream competency, increase water quality, and improve
habitat.
i Forrest Creek Mitigation Banking Mitigation Plan, Orange County, North Carolina
• Mid Atlantic Mitigation, LLC 21
All excavated material will be used to fill the abandoned channel to match the existing elevation
of the surrounding area. It is anticipated that there will be a balanced cut/fill for the excavated
materials.
• Enhancement Level II
The Enhancement Level II reach will include removal of non-native and invasive species as
- described in Appendix E. Additionally, there is a farm road crossing with a crushed tile that is
impounding water in the proposed enhancement area. This road crossing will be repaired or
replaced so that the natural stream flow can be re-established.
- Beaver Management Plan
Impacts to the project by beaver will be assessed quarterly during the monitoring period. If it is
determined that beaver are negatively impacting the stream restoration or enhancement portion
- of the site the following will be implemented.
- To prevent impacts by beavers to the newly designed channels, a beaver management plan will
remove existing on-site beaver populations. A qualified contractor will remove the existing
population. Repopulation of the site by beavers from neighboring streams will be controlled
though active management. Active management will involve a regular schedule of beaver
- trapping by a qualified contractor. Beaver trapping will occur monthly for the first year after
construction and then quarterly through the rest of the monitoring period. The restoration plan
also includes design measures to avert reoccupation by beavers. The reconfiguration of the
• stream channel from a wide incised dimension (G and F channels) to a higher velocity system
- with access to its floodplain should reduce habitat potential. The reach of Forrest Creek that is
proposed for preservation will not be included in any beaver removal or management plan due to
concerns stated by the USAGE, unless approved by the MBRT.
a
- • Reference Stream(s)
A reference reach has not been located for natural channel design purposes relating to Forrest
Creek; however, Mid-Atlantic Mitigation will continue to locate a reach suitable for comparison
- to the design stream. Due to the valley type and overall land use throughout this basin, reference
- streams are somewhat rare. If a stream is not located, the team will continue searching in other
portions of the Piedmont physiographic province and rely on regional curve data.
• Proposed Construction Sequence and Phasing
- Construction of the project will be carried out in two phases for maximum vegetation survival,
channel stability, and sediment control requirements. Stream enhancement, consisting of riparian
buffer planting, will be implemented first along the upper sections of the Forrest Creek channel
. and its tributary. Following the enhancement work, the main channel and the tributary will be
constructed. For the most part, these channels will be constructed in a new location (or in the
dry) within their respective flood plains. However, the new channels may intersect the existing
channels in some locations. In such cases, pump around with a filter bag will be used to reduce
- sedimentation below the project. The sequencing will proceed from upstream to downstream.
- The number of actual intersections will be limited to reduce overall sediment inputs during
construction. The new dimensions, patterns, and profiles will be based on the reference reach
channel conditions. Work will progress from upstream to downstream. Stabilization structures,
r-'1
Forrest Creek Mitigation Banking Mitigation Plan, Orange County, North Carolina
Mid Atlantic Mitigation, LLC 22

including rock cross vanes, single-arm rock vanes, and rootwads, will be constructed to
immediately stabilize the new channel sections. Spoil material will be _subsequently stockpiled
- and backfilled in the abandoned sections of the existing channels once the water has been
diverted. The adjacent streambanks will be immediately seeded and planted to ensure maximum
survivability. Vegetation may also include transplants from on-site resources. Clay plugs will be
- installed intermittently through sections of the old channel to reduce the probability of "chute
- cut-offs" from establishing. It is anticipated that sections of the old channels will be enhanced to
serve as vernal pools for aquatic and semi-aquatic habitat. These methods will be implemented in
a manner to minimize sediment input into the stream system.
Forrest Creek Mitigation Banking Mitigation Plan, Orange County, North Carolina
Mid Atlantic Mitigation, LLC 23

APPENDIX C - Morphological Measurements Table
Forrest Creek Mitigation Banking Mitigation Plan, Orange County, North Carolina
Mid Atlantic Mitigation, LLC 24
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APPENDIX D - Stream Cross Sections and Design Parameters
Forrest Creek Mitigation Banking Mitigation Plan, Orange County, North Carolina
Mid Atlantic Mitigation, LLC 25
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•
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•
APPENDIX E - Riparian Area Restoration
•
•
• Natural Plant Community Restoration Goals and Objectives
The goal of the riparian restoration is to provide long-term improvements to ecological functions
• of the existing forest community. The restoration plan has been developed to provide these
functional uplifts through the re-establishment of target natural communities. The target natural
communities have been determined based on comparison of existing site conditions with
• established type communities with verification of appropriate species from proximate reference
• natural communities. Based on the North Carolina Natural Heritage Program's Nature
• Community Classification, the site's riparian area most closely correlates to Piedmont
Bottomland Forests and, in upper section of the tributary, to the Piedmont Alluvial Forest
• (Schafale and Weakley 1990).
• Reforestation Scheme
•
• The goal of the planting scheme seeks to establish a riparian community consistent with the
reference community using an approach that accelerates the succesional process leading to a
• mature riparian community. The planting plan will use reference plant communities discussed in
• Section 1.0 as a base to design a planting scheme and develop a vegetation list.
• Re-colonization of cleared riparian habitats characteristically begins with an invasion of pioneer
• species that creates an environment (e.g. shading) suitable for species more typical of a mature
community. To initialize the proposed riparian community, the restoration area will be planted
• with a mix of pioneer and climax species that have been selected and arranged to meet the
• following objectives:
• § Establish mix of shade intolerant canopy and shade tolerant understory species
• § Provide vegetative source of target species
§ Establish local seed sources for those species less likely to migrate into the restoration area
• § Provide stability to disturbed or high stress areas
• The design of a planting plan involves several components. The planting zones have been
• developed considering site hydrology, soils, and disturbance regimes and are referenced to
natural communities. Each zone has a unique environment that dictates species selection and
community structure. The planting list is developed for each zone to match the vegetation in the
• reference community and meet the objectives given above. The planting list also reflects which
species are readily available and have a reasonable expectation of survival. For a given zone and
• species, a plant source and planting type (e.g. containerized or bare root) is recommended. A
planting schedule is developed so that site preparation and plant installation occur at the optimal
• time and season. After installation, the planting should be verified. The maintenance plan is
• developed to promote long-term success of the planting. These planting plan components are
• described below.
• Planting Zones
The planting plan includes 4 zones of distinct vegetative composition and structure.
•
• Forrest Creek Mitigation Banking Mitigation Plan, Orange County, North Carolina

• Mid Atlantic Mitigation, LLC 26
•
•

§ Zone 1 - Stream Channel
Zone 2 - Stream Bank
§ Zone 3 - Riparian
§ Zone 4 - Transitional
Zone 1 -Stream Channel
The stream channel zone includes the stream channel from base flow to bankfull. This zone
features the steepest slopes (3-8%) and highest saturation levels. This environment dictates the
planting of fast-growing, obligate pioneer species, such as black willow, to provide stability to
areas at or below bankfull.
Zone 2 - Stream Bank
The stream bank zone includes the area from the top of bank outward away from the stream 20
feet. It is an area exposed to high stream flows and frequent soil deposition. The most stressed
areas are located on the outside bends of meanders. The banks will be planted with fast-growing,
deep-rooted species that will provide biostabilization and shading to the stream
Zone 3 - Riparian
The riparian zone includes the area beyond zone 2 to the edge of the floodplain where the
hydrology supports bottomland hardwood forest vegetation. The area is flat, frequently flooded,
and the water table remains close to the surface. The composition of the vegetation includes a
mix of wetter canopy and understory trees.
Zone 4 -Transitional
The transitional zone includes an approximately 20-foot buffer between zone 3 and an adjacent
open area such as a field outside of the conservation easement. The planting list consists of a
subset of species found in zone 2 consisting of smaller species that tolerate full sun and will
eliminate an abrupt boundary between the open field and zone 3.
Plant List
The plant list is based on the target community, reference community, and recommendations
from the North Carolina Stream Restoration Institute (Hall 2001) and the North Carolina
Ecosystem Enhancement Program (Smith 2004). The selection of species also depends on
availability from local nursery sources.
Forrest Creek Mitigation Banking Mitigation Plan, Orange County, North Carolina
Mid Atlantic Mitigation, LLC 27

Target S ecies Non-Target Spec es
Scientific Name Common Name Scientific Name Common
Name
Betula ni ra River Birch Acer rubrum Red Maple
Ca rya cordiformis Bitternut Hickory Liquidambar st raciflua Sweet um
Ca rya ovata Shagbark Hickory Liriodendron tulipifera Yellow Poplar
Celtis laevi ata Su arber Platanus occidentalis Sycamore
Fraxinus americana White Ash Acer ne undo Box Elder
Fraxinus enns Ivanica Green Ash
Ju lans ni ra Black Walnut
Quercus imbricaria Shingle Oak

Quercus
michauxii Swamp Chestnut
Oak
Quercus pagoda Cher bark Oak
Ulmus americana American Elm

Acer
barbatum Southern Sugar
Maple
Aesculus sylvatica Buckeye
Asimina triloba Pawpaw
Carpinus caroliniana American Hormbeam
Corpus amomum Silk Dogwood
Corpus florida Flowering Dogwood
Co lus cornuta Beaked Hazelnut
Evon mus americana Hearts A Burstin
Ilex o aca American Holly
Leucothoe recurva Dog-Hobble
Lindera benzoin Spicebush
Plant Sources
The planting plan preferentially selects local genetic stock and utilizes three sources of plants.
Two sources-nursery stock and on-site transplants-will be tied directly to the initial planting
and will be utilized in numbers to support permit guidelines. The remaining source-
recruitment-has been factored into the selection of species in the plant list. The plant list
includes a significant portion of species not likely to establish from natural propagation.
Nursery Stock
The planting plan may utilize any of the following nursery stock forms of woody species: bare
roots, tublings, live-stakes, containerized seedlings, and ball and burlap. Additionally, the
planting plan also may use sod or seeds from commercial sources. The planting plan prescribes
that nursery stock are grown locally under environmental conditions similar to the target
environment. The source nursery should be located within viable range that shares the same
climatic region within an area 200 miles north and south of the restoration site.
The supplier nursery will be selected based on its ability to provide desired species. Several
reputable nurseries operate within the viable range. These nurseries will be screened based on a
Forrest Creek Mitigation Banking Mitigation Plan, Orange County, North Carolina
Mid Atlantic Mitigation, LLC 28
•
•
•
•
• review of previous mitigation plant production and plant availability. Plants will be ordered
• from the nursery prior to the growing season before plant installation. Planting of nursery stock
• will occur between November 15th and April 15th after completion of channel restoration
• activities. The planting list includes alternates in case specific species of pre-ordered plants are
not available or acceptable for installation.
•
- On-Site Transplants
• Several favorable species grow within the existing site. In the course of constructing a new
channel alignment, some individual plants may need to be removed. The individuals of a target
• species that are of an appropriate size and age may be transplanted into the restoration area.
• Recruitment
• It is expected that the restoration sites will be populated with species from adjacent communities.
• The restoration sites will be maintained to keep unwanted species at less than 10% of the total
• population.
• Plant Care and Installation
• The plantings will be cared for and installed based on guidelines provided in the included
• planting notes. When planted properly, bare root seedlings are the most cost-effective and
• successful plant material. Containerized plantings, live stakes, and other plant materials will be
• used based on the needs of the planting zone (e.g. frequent disturbance, immediate shading, and
others). If necessary, larger unprotected trees will be guarded using tree shelters that should
• protect against herbivory and inhibit site occupation by beavers. The tree shelters also should
- accelerate growth.
• Schedule
• The planting plan will be scheduled around stream construction activities and growing season.
Special attention will be paid to stabilizing disturbed areas that include newly-constructed
• channels and temporary construction easements. The final vegetation planting will occur after
• proper site preparation (described below) during the appropriate season.
• Plantings may be staggered based on surrounding activities and project phasing. Live stake
planting on stream banks (zone 1) will follow closely after channel construction to provide
• immediate stabilization. On-site transplants should be planted within an appropriate timeframe
- after removal from their existing habitat. Planting of zones 2-4 should occur from late fall to
• early spring (November 15 to April 15) after construction to minimize or eliminate threats from
the construction; exotic vegetation treatment; unpredictable weather; and beaver activity. Any
• treatment of problem areas should also occur between fall and early spring.
Stabilization
• Immediately after construction, the contractor will seed the stream banks and all disturbed areas
• with permanent and temporary seed mixes. Permanent seeding will be completed in conjunction
• with construction with temporary seeding applied per Land Quality Section requirements. Within
• the stream channel (Zone 1), the contractor will plant pioneer species that provide immediate
bank stabilization. The contractor will plant live stakes and bare roots around structure
• installations and the outside of meander bends to provide an area of high density root mass. Coir
•
• Forrest Creek Mitigation Banking Mitigation Plan, Orange County, North Carolina
MirlAtlanticMitigation, LLC 29
•
•
•

fiber matting and live stakes will be used along the entire reach of the restored channels to
provide stabilization until vegetation can be established.
Site Preparation
Prior to planting the riparian buffer, efforts will be made to eradicate fescue and invasive plants
such as multiflora rose (Rosa mult flora), Chinese privet (Lingustrum sineses), and Japanese
honeysuckle (Lonicera japonica). These efforts may include herbicide use during the spring and
• a follow-up spraying in early fall to eliminate any fescue that was not killed in the spring. A
permanent seed mix can be used after application of the pre-emergent. Woody planting can
follow during the dormant season.
Planting Review
• After the final planting is complete, the planting supervisor will verify that the site was planted
properly though inspection of stem counts and condition. The planting contractor will be
responsible for replacing damaged plantings.
Monitoring and Maintenance
• Monitoring will verify that the restoration area is meeting restoration goals. Damaged plantings
will be noted and replanting will occur if the planting survival fails to meet restoration goals. If
monitoring indicates that an area is trending towards greater than 10% coverage by nuisance
- vegetation, that area will be treated to remove the nuisance vegetation. Mid-Atlantic Mitigation
- will develop a species-specific control plan for approval by the MBRT prior to implementation.
References
Hall, Karen (2001). Recommended Native Plant Species for Stream Restoration in North
- Carolina. Raleigh, NC, North Carolina Stream Restoration Institute NCSU.
- Schafale, Michael P. and Alan D. Weakley (1990). Classification of the Natural Communities of
• North Carolina, Third Approximation, NC Natural Heritage Program, Division of Parks and
Recreation, NC Department of Environment, Health, and Natural Resources.

Smith, Cherri L. (2004). Guidelines for Riparian Buffer Restoration. Raleigh, NC, North
Carolina Department of Environmental and Natural Resources - Ecosystem Enhancement
Program.
PLANTING NOTES
BARE ROOT/CONTAINERIZED VEGETATION
1. General:
In order to establish vegetation in restoration areas, such as bankfull benches and
slopes, bare root and containerized vegetation will be planted as shown on the
planting plans.
Forrest Creek Mitigation Banking Mitigation Plan, Orange County, North Carolina
Mid Atlantic Mitigation, LLC 30

2. Materials:
Initial vegetation material will be provided by the contractor. The contractor is
responsible for correctly installing and maintaining vegetation material.
Vegetation material will consist of bare root trees and/or shrubs and containerized
trees and/or shrubs. Container material will be in tubling, gallon, and/or three-gallon
plastic containers.
3. Preparation:
Planting should take place in before April 15th. Immediately following delivery to
the project site, all plants with bare roots, if not promptly planted, shall be heeled-in
in constantly moist soil or sawdust in a manner consistent with generally accepted
horticultural practices.
While plants with bare roots are being transported to and from heeling-in beds, or are
being distributed in planting beds, or are awaiting planting after distribution, the
contractor shall protect the plants from drying out by means of wet canvas, burlap, or
straw, or by other means acceptable to Planting Supervisor and appropriate to weather
conditions and the length of time the roots will remain out of the ground.
4. Installation:
Soil in the area of shrub and tree plantings shall be loosened to a depth of at least 5
inches.
Bare root vegetation may be planted in a hole made by a mattock, dibble, planting
bar, or other means approved by Planting Supervisor. Rootstock shall be planted in a
vertical position with the root collar approximately %2 inch below the soil surface.
The planting trench or hole shall be deep and wide enough to permit the roots to
spread out and down without J-rooting. The plant stem shall remain upright.
Soil shall be replaced around the transplanted vegetation and tamped around the shrub
or tree firmly to eliminate air pockets.
LIVE STAKES
1. General:
Live stakes are to be installed on exposed stream banks to bankfull elevation of the
designed stream. The Planting Supervisor reserves the right to reject any "stakes"
that do not meet the above mentioned criteria. The Contractor shall replace rejected
material at no additional cost to the owner.
Forrest Creek Mitigation Banking Mitigation Plan, Orange County, North Carolina
Mid Atlantic Mitigation, LLC 31

2. Materials:

• • Live stakes are to be dormant (cut fall or winter) and gathered locally or
- purchased from a commercial supplier.
• Stakes must be freshly cut with side branches removed, but with bark intact
(ensure that the bark is not stripped during the cutting, preparation, or installation
of the stake).
- • Cuttings are to be collected using a saw or sharpened pruning shears (not an ax).
a 3. Preparation:
• One end must be cut at an angle for insertion into the soil and the other end must
be cut square for tamping.
• Cuttings must be kept fresh and moist prior to installation.
• Cuttings must be prepared from 0.5 to 2-inch diameter stock and approximately 2
to 3 feet in length.
4. Installation:
• Install stakes the same day they are prepared.
• Start the installation nearest to the stream and work up the bank/floodplain.
• Cuttings must be installed right side up with the buds pointing upward.
• Cuttings should be tamped into the ground at right angles to the slope and angled
downstream.
• They are to be tamped into the ground for approximately 4/5 of their length.
• Cuttings that split or become "mushroomed" must be replaced.
• Stakes should be installed in a random configuration to prevent gullies and
promote a more natural effect in the re-vegetated area
Forrest Creek Mitigation Banking Mitigation Plan, Orange County, North Carolina
MiclAtlanticMitigation, LLC 32
SHRUB AND TREE TRANSPLANTS
1. General:
Existing site vegetation may be used to augment plantings. Transplants may only be
taken from disturbed areas.
2. Materials:
Vegetation to be transplanted will be identified by the Planting Supervisor. Shrub
and trees less than 3 inches in diameter shall be salvaged onsite in areas designated
for construction, access areas, and other sites that necessarily will be disturbed.
3. Preparation
Transplanted vegetation shall carefully be excavated with root balls and surrounding
soil remaining intact. Care shall be given not to rip limbs or bark from the shrub and
tree transplants.
4. Installation
Vegetation should be transplanted immediately, if possible. Otherwise, transplanted
vegetation shall be carefully transported to designated stockpile areas and heeled-in in
constantly moist soil or sawdust in an acceptable manner appropriate to weather or
seasonal conditions. The solidity of the plants shall be carefully preserved.
Installation of shrub and tree transplants shall be located in designated areas along the
stream bank above bankfull elevation or in floodplain restoration areas as directed by
Planting Supervisor. In areas of compacted soils, the soil in the area of vegetation
transplants shall be loosened to a depth of at least 1 foot. Transplants shall be
replanted to the same depth as they were originally growing. The planting trench or
hole shall be deep and wide enough to permit the roots to spread out and down
without J-rooting. The plant stem shall remain upright.
Soil shall be replaced around the transplanted vegetation and tamped around the shrub
or tree firmly to eliminate air pockets.
Spacing of vegetation transplants will be determined onsite by the Planting
Supervisor.
Forrest Creek Mitigation Banking Mitigation Plan, Orange County, North Carolina
Mid Atlantic Mitigation, LL C 33
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PERMANENT SEEDING SPECIFICATIONS
1. General:
Permanent seeding will be used in combination with woody plantings on the up-slope
side of the riparian areas and down to the bankfull elevation. Permanent seeding will
occur in conjunction with temporary seeding where applicable. This mixture will
also be used in any terrestrial (areas not inundated) riparian areas that have been
disturbed by construction; designated as wetland and/or riparian enhancement; or as
directed by Planting Supervisor.
2. Materials:
A riparian seed mix at the rate of 1/4 lb per 1,000 sq ft or 10 lbs per acre shall be used
for seeding. The table labeled "riparian seed mix" lists an herbaceous, permanent
seed mixture.
3. Preparation
On sites where equipment can be operated safely, the seedbed shall be adequately
loosened. Disking may be needed in areas where soil is compacted. Steep banks my
require roughening, either by hand scarifying or by equipment, depending on site
conditions. Planting Supervisor will determine condition needs onsite. If seeding is
done immediately following construction, seedbed preparation may not be required
except on compacted, polished or freshly cut areas. If permanent seeding is
performed in conjunction with temporary seeding, seedbed preparation only needs to
be executed once.
4. Installation
This mixture shall be planted in late fall in combination with the temporary seeding
operation and woody plant installations. Seeding should be done evenly over the area
using a mechanical or hand seeder. A drag should be used to cover the seed with no
more than 11/2 inch of soils. Where a drag cannot safely be utilized, the seed should be
covered by hand raking and/or straw.
Forrest Creek Mitigation Banking Mitigation Plan, Orange County, North Carolina
Mid AtlanticMitigalion, LLC 34
•
APPENDIX E - Photo Log
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Title Photograph Pages
Project Forrest Creek Stream Restoration
Prepared For: Orange County, North Carolina
h,arthMark
Date Project Number Page
8/24/06 012857004 1
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Title Photograph Pages
Project Forrest Creek Stream Restoration
Prepared For'. Orange County, North Carolina
F,arthMark

?1 61 ; ,' Date Project Number Page
8/24/06 012857004 2
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Photograph 6. Above woods, note presence of water July 25, 2006- OF to Forrest Creek
Title Photograph Pages
Project Forrest Creetrealn Restoration
Prepared For:
F,arthMark Orange County, North Carolina
t' Date Project Number Page
8/24/06 012857004 3
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Title Photograph Pages
Project Forrest Creek Stream Restoration
Prepared For: Orange County, North Carolina
Fart11N1ark
Date Project Number Page
8/24/06 012857004 4
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Title Photograph Pages
Project Forrest Creek Stream Restoration
Prepared For Orange County, North Carolina
Earthblark

Date Project Number Page
8/24/06 012857004 6
T:\pn\012857004 Forrest Creek\PHOTOGRAPHS\CompiledPhotos.doc Prepared by Cori =.,i.

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Title Photograph Pages
Project Forrest Creek Stream Restoration
Prepared Foe Orange County, North Carolina
t?artli?tark
Date Project Number Page
8/24/06 012857004 7
T:\pn\012857004 Forrest Creek\PHOTOGRAPHS\CornpiledPhotos.doc Prepared by l: Myl =-n. Iti
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Photograph 16. Forrest Creek Bankfull Indicator
Title Photograph Pages
Project Forrest Creek Stream Restoration
Prepared For: Orange County North Carolina
Iarthblark
t, P 21 tt v'? Date Project Number Page
8/24/06 012857004 8
T:\pn\012857004 Forrest Creek\PHOTOGRAPHS\CompdedPhotos.doe Prepared by [ zF1 =. i.
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Photograph 18. UT to Forrest Creek
Title Photograph Pages
Project Forrest Creetream Restoration
Prepared For: Orange County, North Carolina
Earth lark
t 0 `_, ! ,, Date Project Number Page
8/24/06 012857004 9
T:\pn\012857004 Forrest Creek\PHOTOGRAPHS\CompiledPhotos.doe Prepared by [ z F I '==' ir,
Photograph 17. Forrest Creek Stream Bed