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HomeMy WebLinkAbout20100596 Ver 1_Mitigation Bank Proposal_20080319CLEARWATER ENVIRONMENTAL CONSULTANTS, INC. March 13, 2008 Ms. Amanda Jones U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801-2638 Re: Bat Fork Mitigation Bank Henderson County, North Carolina Ms. Jones, Enclosed is the proposed Bat Fork wetland mitigation bank prospectus in Henderson County, North Carolina. The site is approximately 79 acres and is bordered by U.S. Highway 64, Jackson Park, private. farmland, and state-owned land home to the endangered swamp pink and bunched arrowhead species. Access to the site is primarily from U.S. Highway 64 (Figures 1-2 attached) in the town of Hendersonville. C1earWater Environmental Consultants (CEC) has scheduled an on-site meeting with you and members of the Mitigation Bank Review Team (MBRT) for April 1, 2008 at 11 am (see Figure 2). Please do not hesitate to contact me with any questions, comments, or further information at (828) 698-9800. Th k ya j - R. ement Rid le, P.W.S. Principal Cc: Becky Fox, USEPA Bryan Tompkins, USFWS Dave McHenry, NCWRC Eric Kulz, NCDWQ Tammie Hill, NCDWQ Kevin Barnett, NCDWQ ~~~~oe~p MAR 1 9 2008 DEPJfr • W/Hi'Ef1 UUAUIY VMFTlt1h~}S;aND ST:'?Ri41MVATER 9{~~'d(:Ai 718 Oakland Street Hendersonville, North Carolina 28791 Phone:828-698-9800 Fax: 828-698-9003 www.cwenv.com BAT FORK MITIGATION BANK PROSPECTUS Bank Sponsor Identification MBRT C1earWater Environmental Consultants, Inc. Amanda Jones, USACE 718 Oakland Street Becky Fox, USEPA Hendersonville, North Carolina 28791 Bryan Tompkins, USFWS (828) 698-9800 office Dave McHenry, NCWRC (828) 698-9800 fax Eric Kulz, NCDWQ asalzberg(~z),cwenv.com Kevin Barnett, NCDWQ (828) 606-1200 cell clement@cwenv.com (828) 606-5168 cell Introduction The Bat Fork Mitigation Bank is a wetland mitigation bank planned for the approximately 79- acre parcel off U.S. Highway 64 near Jackson Park (see Figures 1-2). The property proposed for the mitigation bank is adjacent to one of the most vital ecological habitats in the North Carolina mountains as documented by the N.C. Natural Heritage Program. The restoration property is currently being utilized as cow pasture and farmland. Development is constantly increasing in Henderson County and this mitigation bank would ensure protection of this vital system. The proposed mitigation bank will include approximately 55 acres of wetland restoration, 24 acres of wetland preservation, and 4,563 linear feet of stream enhancement (see Figures 3-5). The sponsor feels this mitigation bank will serve as an important contribution to the region, as the next closest North Carolina mitigation bank is Potts Creek in Lincoln County. Existing Conditions Wetland Community Restoration Area Vegetation The proposed wetland restoration area within the mitigation bank includes mostly pasture and drainage ditches (see photo documentation). Cows currently graze in and around the wetland area, thereby reducing the vegetation to a few herbaceous species and shrubs, mostly hooked buttercup (Ranunculus recurvatus), soft stem rush (Ja~ncus effuses), giant iron weed (Vernonia gigantea), horse nettle (Solanum carolinum), and bitter dock (Rumex obtusifolius). Hydrology The hydrology within the restoration area is severely impaired due to drainage ditches located throughout the former wetland. Automated groundwater wells should be installed within the wetland and on the upland interface to collect baseline hydrologic information that will show successful rehydration of the site upon completion. Soils The existing soils consist mostly of Hatboro loam (Ha) classified as hydric soil (see Figure 3). These are poorly drained, nearly level soils in depressional areas on stream flood plains. These areas are somewhat elongated and are 6 to 40 acres in size. This soil has high potential for water- tolerant hardwoods and pines. Wetland Community Preservation Area Vegetation The wetland community proposed for preservation within the mitigation bank consists of obligate, facultative wet, and facultative species and is a mixture of bottomland hardwood species on the perimeter and emergent wetland in the center. Tree species include red maple (Ater rubrum), American sycamore (Platanus occidnetalis), American holly (Ilex opaca), black river birch (Betula nigra), and black willow (salix nigra). Shrub species include tag alder (Alms serrulata), swamp rose (Rosa palustris), silky dogwood (Corms amomum), elderberry (Sambucus canadensis), white meadowsweet (Spiraea alba), ironwood (Carpinus caroliniana), yellow root (Zanthorhiza simplicissima), and Chinese privet (Ligustrum sinense). Herbaceous species include hooked buttercup (Ranz~nculus recurvatus), soft stem rush (Juncus effuses), grass leaved rush (Juncus marginatus), pickerel rush (Pontedaria cordata), blunt spikerush (Eleocharis obtuse), woolgrass (Scirpus cyperinus), shallow sedge (Carex lurida), fox tail sedge (Carex vulpinoidea), giant iron weed (Vernonia gigantea), arrow-leaf tearthumb (Polygonum sagittatum), cinnamon fern (Osmunda cinnamomea), false nettle (Boehmeria cylindrica), horse nettle (Solanum carolinum), barnyard grass (Echinochloa crusgalii), and bitter dock (Rumex obtusifolius). Hydrology The wetland area proposed for preservation within the mitigation bank is mostly inundated or saturated (range of 0-6 inches of surface water throughout wetland) in the upper 12 inches (see photo documentation). Soils The wetland soils consist mostly of hydric Hatboro loam (Ha). Stream Community Enhancement Area Bat Fork Creek is proposed as stream enhancement credit. The mitigation bank owns one side of the creek and the adjacent side is owned by Jackson Park (see photo documentation). The stream dimension, pattern and profile will not be changed; but enhancement (invasive species control and planting) will take place on the mitigation bank's riparian zone. The riparian buffer is currently in pasture with a narrow buffer along the bank. Existing species along the edge of the creek include black willow (salix nigra), swamp rose (Rosa palustris), Chinese privet (Ligustrum sinense), American sycamore (Platanus occidnetalis, tag alder (Alms serrulata), multi flowered rose (Rosa mult~ora), ironwood (Carpinus caroliniana), giant iron weed (Vernonia gigantea), bitter dock (Rumex obtusifolius), and elderberry (Sambucus canadensis). Goals The sponsor's main goal is to establish a mitigation bank with the primary purpose of remedying ecological deficiencies by restoring approximately 55 acres of wetland and preserving a high quality ecological system compromised of streams and wetlands vital in protecting rare species habitat that supports both plants and animals unique to the western North Carolina region. It is known that this wetland property provides habitat to approximately 23 species of warblers; very rare in this region. The proposed mitigation bank will include approximately 55 acres of wetland restoration, 24 acres of wetland preservation, and 4,563 linear feet of stream enhancement. The restoration includes rehydration of wetland hydrology and revegetation with hydric native species. Functions Wetland functions involve the performance or execution of changes within the wetland ecosystem whether natural or created to improve the existing functional deficits. These functions include biological, chemical and physical transformations in the diversity of forms and substances that exist within the wetland. The primary target functions to be restored include; biological functions that provide habitat for reproduction, feeding, and nesting; physical functions that include flood attenuation, groundwater recharge and sediment entrapment; and chemical functions include nutrient removal. RP.rVi(:P. Area The proposed geographic service area encompasses the French Broad River Basin, including the following areas: Haywood County (06010106 eight-digit cataloging unit); Madison, Henderson, Buncombe, and Transylvania counties (06010105 eight-digit cataloging unit); and Yancey County (06010108 eight-digit cataloging unit) (see Figure 6). Proposed wetland credit composition and calculation If deemed appropriate by the MBRT, fifteen percent (15%) of this mitigation bank's total restoration credits will be available for sale immediately upon completion of all of the following: • Execution of the mitigation banking instrument by the Sponsor, the Corps, and other agencies eligible for membership in the MBRT who choose to execute the agreement • Approval of the final mitigation plan • Delivery of the financial assurances • Recordation of the conservation easement, as well as a title opinion acceptable to the Corps covering the property The Sponsor will 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. Subject to the Sponsor's continued satisfactory completion of all required success criteria and monitoring, additional restoration mitigation credits will be available for sale on the following schedule: • 10% after first year, if interim success measures are met (tota125%) • 10% after second year; if interim success measures are met (total 35%) • 10% after third year; if interim success measures are met (tota145%) • 15% after fourth year; if interim success measures are met (tota160%) • 15% after fifth year, if Success Criteria are met (total 75%) • 25% after fifth year, if the bank site meets the overall objectives and Success Criteria set forth in the mitigation plan (total 100%). The above schedule applies only to the extent that the Sponsor documents acceptable survival and growth of planted vegetation and attainment of acceptable wetland hydrology as described under the success criteria in the mitigation plan. The fmal 25% of credits will be available for sale only upon a determination by the MBRT of functional success as defined in the mitigation plan. Reference Site The proposed reference site adjacent to Jackson Park on the north east side of Hendersonville, N.C. in Henderson County (see Figure 2). This site is designated as a wetland by the USGS on the topographic map, and contains similar vegetation, hydrology, and soils. The site is also adjacent to the State of North Carolina wetlands and adjacent to an area documented in 1985 by the North Carolina Natural Heritage program as a significant wetland area. Monitoring The applicant plans to submit a five year monitoring plan to the MBRT for approval that will include survival rates and success criteria for both the vegetation and hydrology within the wetland and stream buffer areas. The success criteria should document the survival and growth of planted vegetation and attainment of wetland hydrology. After five years, the applicant will submit a fmal annual monitoring report to the MBRT that should document how the mitigation bank meets the overall objectives and success criteria established in the approved mitigation plan. Site Mana eg ment The property included in the mitigation bank will be protected in perpetuity through a conservation easement. Financial assurances will be obtained by the applicant through a performance bond, irrevocable letter of credit, or an escrow agreement. Photo Documentation Highway 64 Photo I : Cows currently graying in wetland area Photo 2: Ditched canals currently draining wetland Photo 3: Bat Fork Crcek Photo 4: Wetland preservation area adjacent to CLEARWATER BAT FORK Environmental Consultants, Inc. MITIGATION BANK 718 Oakland street Site Vicinity Map HENDERSON COUNTY, N.C. Hendersonville. NC 28791 Figure 1 828-698-9800 82°28'00' 'vU 82°2?'00" 't"41 'tNG~84 82°26'00" V'd' i.-~ •' if ~° Q •'~ . ~ . Q (ti ° Lf] [~'1 0 0 rn 0 u~ m y a _ N ,~ R7 ~~ ~` v I ~~ _ -_ 1 l~` rfr~ ~ f _~,_ \, ,~ s\. ~ Meeting location for April 1, 2008 MBRT meeting at l lam 0 N ° Lf] m Z 0 0 .--I 0 MN TN ~ -5 t MILL ~a X000 fELI U 5100 tp0p METERS h+Iap created with TOPO! ~7 02003 National Geographic {3rrwu~.natvonalgeograpka,:.corrJtopo;~ CLEARWATER BAT FORK Environmental Consultants, Inc. MITIGATION BANK 718 Oakland Street USGS TOPO Map HENDERSON COUNTY, N.C. Hendersonville, NC 28791 Figure 2 828-698-9800 ~, Iii ~ ~ ~. i~(~~' sa` 1~ I~ ti~ •` ~ . ~~'.° Approximate - '~'~'. ~ ~°ar~,,~ Wetland ',~ ~ r~, Boundary .' ~'- ,i i ' I _ __ ~_,~. _- 1 ~ _.Fnrk- _~. `~ N t i f :1 1 - ~~ O ~~~~ lei CLEARWATER ,4erial Map BAT FORK -,nvironmenca- consultancy, -nc. Restoration, Preservation, MITIGATION BANK ~-g Oakland street Enhancement Boundaries HENDERSON COUNTY, N.C. Hendersonville, NC 28791 s28-~9s-9soo Figure 5 {ieneral Mep far the FrPrch @rnA~i River [~xsin v *~ i s SVIA,tfl ~anr air; ~'r" P.! IR:k'F CLEARWATER Geographic Service Area Map BAT FORK Environmental Consultants. Inc. Corres ondin H drolo is Units MITIGATION BANK 718 Oakland Street P 9 y 9 HENDERSON COUNTY, N.C. Hendersonville, NC 28791 Figure 6 828-698-9800