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
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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
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