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HomeMy WebLinkAbout20160849 Ver 1_DRAFT_Prospectus Ver 1.7_FINAL_20160831Upper Rocky Mitigation Bank Draft Prospectus Prospectus for Stream and Wetland Compensatory Mitigation Credits For Yadkin River Basin (CU 03040105) Prepared by: 4 WATER TEf LAND OLUTION 11030 Roven Ridge Rd, Suite 119, Raleigh, NC 27614 919) 614-5111 1 walerlondsolutions_com Table of Contents 1 Introduction..........................................................................................................................................1 2 Site Ownership......................................................................................................................................2 2.1 Sponsor/Agent Qualifications.......................................................................................................2 2.1.1 Similar Mitigation Projects in North Carolina and Other States...........................................3 3 Existing Conditions................................................................................................................................6 3.1 Watershed Characterization.........................................................................................................6 3.1.1 South Prong West Branch Rocky River Watershed...............................................................6 3.1.2 Historic Land Use and Development Trends in Project Watershed......................................7 3.1.3 Catchment Areas................................................................................................................... 7 3.2 Pre -Bank Condition of Streams.....................................................................................................8 3.2.1 Existing Channel Geomorphic Characterization....................................................................8 3.2.2 Reach Conditions of Proposed Bank Streams.....................................................................10 3.3 Pre -Bank Condition of Wetlands.................................................................................................16 3.4 Potential Site Constraints............................................................................................................19 3.4.1 Existing easements on the site............................................................................................19 3.4.2 Utility corridors within the site...........................................................................................19 3.4.3 Mineral or water rights issues.............................................................................................19 3.4.4 Hydrologic trespass.............................................................................................................19 3.4.5 Invasive Species...................................................................................................................19 3.4.6 Cultural Resources..............................................................................................................19 3.4.7 Threatened and Endangered Species.................................................................................20 3.4.8 Conditions Affecting Hydrology..........................................................................................20 3.4.9 Adjacent Land Use..............................................................................................................21 4 Proposed Bank Conditions..................................................................................................................22 4.1 Objectives of proposed mitigation bank.....................................................................................22 4.2 Conceptual Mitigation Plan.........................................................................................................22 4.3 Alternative Outcome without Bank............................................................................................24 4.4 Reference Ecosystems................................................................................................................ 24 5 Bank Establishment and Operation....................................................................................................25 5.1 Proposed Credit Types................................................................................................................ 25 5.2 Credit Release Schedule..............................................................................................................26 5.3 Service Area................................................................................................................................ 26 5.4 Proposed Financial Assurances...................................................................................................27 5.5 Long -Term Management............................................................................................................ 27 6 Citations.............................................................................................................................................. 28 Tables Table 1. Parcel Ownership Information........................................................................................................ 2 Table2. Subwatersheds................................................................................................................................8 Table3. Reach Descriptions..........................................................................................................................9 Table 4. Proposed Stream Mitigation Units (SMUs)..................................................................................25 Table 5. Proposed Wetland Mitigation Units (WMUs)..............................................................................25 Table 6. Credit Release Schedule...............................................................................................................26 Appendices AppendixA...........................................................................................................................................Figures Appendix B.......................................................................................................... Historic Aerial Photographs Appendix C.......................................................................................Options and Landowner Authorizations Appendix D............................................................................................................. Baseline Monitoring Data Upper Rocky Mitigation Bank Draft Prospectus 1 Introduction Water & Land Solutions ("WLS") submits this prospectus for the proposed Upper Rocky Mitigation Bank ("Bank") located in the Yadkin River Basin, Hydrologic Unit Code ("HUC") 03040105. This prospectus was prepared in accordance with C.F.R. §332.1-8 (2008), Compensatory Mitigation for Losses of Aquatic Resources, and was based on current District Guidance, which is subject to the approval of the United States Army Corps of Engineers in consultation with the NC Inter -Agency Review Team (NCIRT). The purpose of the Bank is to provide stream and wetland mitigation credits to compensate for unavoidable impacts to Waters of the U.S. authorized under section 401 and 404 of the Clean Water Act, Section 10 of the Rivers and Harbors Act, and all applicable state statutes. Water & Land Solutions Page 1 Upper Rocky Mitigation Bank Draft Prospectus 2 Site Ownership WLS submits this prospectus on behalf of URMB, LLC ("Sponsor") forthe proposed Upper Rocky Mitigation Bank. URMB, LLC is wholly owned by WLS and was established to hold the Bank and conduct all business regarding the Bank. The point of contact for the Bank is Ashley Abernethy, whose contact info is listed below: Ashley Abernethy 11030 Raven Ridge Rd, #119 Raleigh, NC 27614 919-614-5111 ashlev(@waterlandsolutions.com The Sponsor has options to purchase conservation easements on the JPO Beverly and Mayes Family tract and is in final negotiations with the owners of the Bjorneboe tracts. The options and agent authorizations are attached in Appendix C. The property owners for the proposed Bank are listed in Table 1 below. Table 1. Parcel Ownership Information 12229 Mayes Rd, Huntersville, NC 28078 00755101 94.5 12001 Mayes Rd, Huntersville, NC 28078 00714102 59.4 12001 Mayes Rd, Huntersville, NC 28078 00714106 10.0 18620 Doves Crest Rd, Cornelius, NC 28031 00712209 41.7 2.1 Sponsor/Agent Qualifications WLS is a mitigation provider that concentrates on the production and delivery of high quality mitigation units and services to clients across multiple regions of the United States. WLS was started with the purpose of combining the key components of high quality and successful mitigation sites, including the technical expertise for mitigation site development, the understanding of land management, and the expertise in environmental economics and finance. Through its inception WLS has identified, targeted and employed some of the most well-respected practitioners in the mitigation industry who have specifically focused their careers on all of the required aspects and stages of successful mitigation project implementation. Beyond our focus to improve ecological function of impaired systems, WLS has a specific mission to positively impact people in our industry and the general public through education, partnership, and relationship building. In just over two years since establishment, WLS has grown to a staff of eight people located in Raleigh, NC with satellite offices in Dallas, TX and Huntersville, NC. Individuals making up the WLS staff have been recognized by our industry colleagues and peers as leaders in the development, management, design, permitting, construction, and monitoring of mitigation projects. Our projects and opportunities that we are currently pursuing include projects in North Carolina, South Carolina, Texas, Virginia, and Ohio. Page 2 4 Upper Rocky Mitigation Bank Draft Prospectus 2.1.1 Similar Mitigation Projects in North Carolina and Other States WLS staff have significant experience with stream, wetland, and riparian buffer restoration. Our staff have been involved with the entire suite of services for hundreds of mitigation projects over nearly two decades. This experience equates to the successful restoration of hundreds of thousands of feet of stream and thousands of acres of wetlands. Several project examples are highlighted below: Monteith Park Mitigation Site, Charlotte/Mecklenburg Stormwater Services, Huntersville, NC Monteith Park before (left) and one year after restoration (right) WLS is currently managing the successful completion of what is considered to be one of the most unique watershed restoration projects in the mitigation industry. The Monteith Park Mitigation Site (MPMS) is the only project to date in North Carolina that utilized a watershed restoration approach to generate additional mitigation credits at ratios beyond those typically awarded for stream and wetland restoration credits with the intent on properly funding full restoration activities. The MPMS was identified as one of the highest ranked stream restoration reaches in the McDowell Creek Watershed of Mecklenburg County, NC. The project involved the Rosgen Priority Level I restoration of 3,550 linear feet of stream, 1.0 acre of wetland restoration, and the retrofit design and installation of five Stormwater Control Devices (bioretention basins) in an attempt to restore watershed hydrology to predevelopment conditions. WLS staff identified the project in 2008 and have led project management duties on all aspects of the project throughout its entirety. Mr. McIntyre led resource agency coordination, including the combination of Mecklenburg County, City of Charlotte, NCDWR, and USACE guidance and protocols to negotiate the additional credit ratios and associated values for the project. Mr. McIntyre led conceptual planning and assisted in the design of the mitigation project. Ms. Abernethy was the financial manager and construction manager for the project (completed in July 2014) and has also led efforts to develop stream/wetland restoration and environmental education for the Monteith Park Community Residents. This complex mitigation project continues to be a highly successful example of how ecosystem restoration, that involves technical, legal, financial, political, and educational aspects, can be implemented in rapidly developing watersheds. Water & Land Solutions Page 3 Upper Rocky Mitigation Bank Draft Prospectus Spindletop Bayou Mitigation Bank, Liberty and Chambers County, TX Spindletop Bayou in wetland restoration mitigation bank site likely occur in 2018. WLS is currently partnered with Ecosystem Renewal and EcoGenesis on a wetland and stream mitigation bank in Liberty County and Chambers County, Texas. The proposed 460 - acre bank site will restore over 400 acres of riparian and non -riparian wetlands and 10,000 linear feet of 1st order headwater streams. The proposed property has been highly impacted by agricultural practices (rice and sorghum production) since the 1930's. This project will provide significant uplift to aquatic and terrestrial habitats as well as water quality improvements to Spindletop Bayou. WLS has led coordination efforts with the volves over 400 acres of USACE-Galveston District IRT, assisted in the and 10,000 If of stream overall credit assessment, determination, and generation, and full restoration design of the The proposed design was finalized in the winter of 2016 and construction will Cedar Bayou Mitigation Bank, Liberty County, TX WLS is currently working with Ecosystem Renewal and EcoGenesis on a wetland and stream ecosystem mitigation bank in Liberty County, Texas. WLS is providing the lead technical services for the development of the Cedar Bayou Mitigation Bank (CBMB). The proposed 1100 acre mitigation bank will provide over 900 acres of restored wetlands and 21,000+ linear feet of 1st order and 2nd order headwater stream in the Western Gulf Coastal Plain Ecoregion of the Galveston USACE District. This Upper Coastal Plain ecosystem will provide a complex mix of diverse habitats including multiple wetland types actively integrated with the headwater stream system. Due to over a century of agricultural practices on hard pan clay soils, this region experiences high flood frequency during large precipitation events. WLS will utilize a combination of priority I and priority II approach to maximize ecological uplift while creating sufficient flood storage capacity for large precipitation events in what is expected to be the next high growth area for the Houston region. The project design will be finalized in 2016 with construction scheduled for 2018. Page 4 4 Edwards Mitigation Sites, Johnston County, NC The Edwards Sites (Sites) are three separate restoration projects located adjacent to each other and within the same watershed that are being developed under the NCDMS Full Delivery Program. The Sites present a unique and exciting opportunity for the restoration of an entire subwatershed that has been highly impacted from agricultural practices for over a century. The Sites are 3 of 5 potential restoration projects being developed by WLS, all located adjacent to one another, that will successfully restore/enhance over 22,000 linear feet of stream and will permanently protect approximately 64 acres of riparian buffer corridor within a watershed that is expected to see widespread land use conversion from agriculture to suburban sprawl. The Sites have been negatively impacted by cattle grazing and row crop production since the 1950's. In addition, a portion of the streams have been impacted due to impoundments. Nearly all vegetated buffers along the stream reaches have been removed for agricultural practices. Wetlands were historically present throughout the riparian corridor, but have been significantly impacted due to cattle trampling and channel incision (draining wetland areas). Most of the primary stream systems have been channelized and incised (through headcut migration) leading to a significant loss of biologic function for the entire watershed. The comprehensive restoration of this subwatershed will provide significant habitat and water quality improvements to the on-site wetlands, streams, and riparian buffers as well as the downstream watershed. Upper Rocky Mitigation Bank Draft Prospectus Water & Land Solutions Page 5 Upper Rocky Mitigation Bank Draft Prospectus 3 Existing Conditions The proposed Bank is located in Mecklenburg County, North Carolina in the Yadkin River Basin (Upper Rocky River), Hydrologic Unit Code ("HUC") 03040105. The Bank centroid is located at 35.459622°, - 80.829787° (Figure 1). The Bank is adjacent to William Hough High School in Huntersville, NC. To reach the site from 1-85: 1. Take EXIT 55, NC -73 West towards Huntersville 2. Continue on NC -73 for approximately 9 miles. Turn RIGHT onto Mayes Road. 3. Turn RIGHT onto Barnhart Road/Bailey Road. 4. The Bank is approximately 1 mile on the left, directly adjacent to William Hough High School. The proposed Bank will protect approximately 43 acres in a permanent conservation easement. The easement is located on four parcels, which are used for residential and agricultural purposes. The first parcel is currently being subdivided and developed into single family homes on approximately 0.25 acre lots; 40 homes are slated for the proposed development. The easement will run through the open space reserved for this development. The second parcel contains a single family home, row crops, and non - timbered forest. The third parcel is currently in timber. The fourth parcel contains a single family home. 3.1 Watershed Characterization 3.1.1 South Prong West Branch Rocky River Watershed The headwaters of the Rocky River are separated into three primary subwatersheds: the South Prong West Branch Rocky River Watershed, the West Branch Rocky River, and the Upper Rocky River Watershed. The South Prong West Branch Rocky River Watershed, where the Bank is located, includes the northern portion of Mecklenburg County and includes portions of the Towns of Cornelius, Davidson, and Huntersville, North Carolina. The South Prong West Branch of the Rocky River joins with the West Branch Rocky River to the East of Hopewell, NC. The West Branch Rocky River joins with the Rocky River less than two miles downstream of this confluence along the Mecklenburg and Cabarrus County line. The Rocky River is part of the Yadkin River Basin and joins with the Yadkin River in Cabarrus County. The Bank is located within the South Prong West Branch Rocky River Watershed, one of the fastest growing regions in North Carolina. According to the draft Rocky River Watershed Management Plan (Mecklenburg County Storm Water Services 2010), the construction of the 1-77 corridor through this region resulted in a significant increase in land development activities with South Prong of the Rocky River experiencing the biggest increase in growth. The Rocky River and its tributaries have been listed on the 2014 303(d) list for copper, turbidity, and impaired biological integrity (EPA 2014). In addition to these parameters, a Total Maximum Daily Load (TMDL) for fecal coliform was added to the list of water quality concerns with this upper watershed. Portions of the South Prong Rocky River have been straightened and dredged, likely for flood control. Channel straightening, significant channel incision and excessive sedimentation from stormwater runoff are evident throughout the entire watershed. The upper watershed surrounding the Bank has seen substantial land use change from agriculture to residential and municipal development over the past five years. Land use changes, excessive stormwater inputs, and physical changes to surface waters in the watershed have caused degradation in water quality through excess sedimentation. Mecklenburg County Storm Water Services (MCSWS) has outlined a watershed Page 6 4 Upper Rocky Mitigation Bank Draft Prospectus plan (2010) highlighting current efforts to improve water quality through stream and wetland restoration and stormwater improvements. MCSWS has prioritized parcels and streams for restoration in which the South Prong West Branch of the Rocky River is included. Because of the position of South Prong West Branch of the Rocky River in the upper headwaters, restoration of this system along with the first order tributaries can produce significant improvements in downstream water quality. 3.1.2 Historic Land Use and Development Trends in Project Watershed A historical aerial review from 1948 to present (Appendix B) was conducted to assess landscape changes in the South Prong West Branch of the Rocky River watershed. Prior to the development of the Bailey's Glen community and William Hough High School (within the past 5 years), the land within this watershed was primarily forested but heavily utilized for agriculture since the early 1900's. A review of historic aerials indicates that from 1948 through 1983, the watershed experienced few land use changes with the exception of possibly less land being utilized for row crop and/or pasture. In the 1948 aerial, there appeared to be a substantial forested buffer surrounding the majority of the South Prong West Branch of the Rocky River. By 1965, much of the forested buffer around South Prong West Branch of the Rocky River appears to have been modified through timbering activities, but still remained largely development free. In discussions with the current landowners along the south side of the South Prong West Branch of the Rocky River, these properties were utilized for various agricultural uses included timber production, cattle grazing, and row crops. The entire watershed remained almost entirely void of impervious surfaces until around 2003. Between 2003 and 2008, development projects including Bailey Middle School and a local town park were constructed along Bailey Road. Starting in 2009 and continuing to date, the three largest impervious projects were constructed, which included William Hough High School, Bailey's Glen residential development, and the upcoming Beverly development. These projects combined changed the upper watershed impervious coverage from less than 2 percent to approximately 20 percent. It is anticipated that similar development projects will eventually occur on the remaining undeveloped proportions as Mecklenburg County continues to grow, having a continued impact on the watershed and further supporting the need for the proposed bank. 3.1.3 Catchment Areas The evolution of the land use within the South Prong West Branch of the Rocky River watershed from a combination of forested and agricultural to the present day medium density combination of residential and municipal has altered watershed characteristics. Figure 2 illustrates the watershed delineation, dividing the watershed into 7 catchment areas based on reach designation. To date it does not appear that that majority of the catchment areas have been significantly disturbed as catchments 4, 5, 6, and 7 still remain largely undeveloped. Catchments 1 and 3 have been significantly altered while catchment 2 and portions of catchment 4 are currently being developed. In addition, because the watershed still consists of large land tracts that will at some point be developed, the watershed hydrology changes will continue. Watershed hydrology, and specifically infiltration patterns, play a critical role in influencing the physical characteristics and ecological health of stream ecosystems. Stream flow magnitude, frequency, duration, and timing are major driving forces that control the physical and ecological conditions of stream corridors. At the downstream easement boundary of the Bank project, the South Prong West Branch of the Rocky River currently receives flow from an area of approximately 856 acres (1.34 sq. miles). Table 2 shows total area of the catchments and total approximate impervious area for the entire watershed. Currently, the total impervious surface area within the South Prong West Branch of the Rocky River Water & Land Solutions Page 7 Upper Rocky Mitigation Bank Draft Prospectus watershed is approximately 20 percent. Five catchment areas have little to no impervious surface area while the remaining two catchment areas contain dense residential development and impervious areas ranging from 29 to 56 percent. Table 2. Subwatersheds 155.2 39% R1 61.8 7% R2 206.0 56% R3 62.0 <1% R4 R5 (R5a & 113.0 <1% R5b) R6 (R6a & 101.3 <1% R6b), R7, R8 48.3 <1% R9 37.2 49% R10 856.1 20% 3.2 Pre -Bank Condition of Streams 3.2.1 Existing Channel Geomorphic Characterization North side of Rocky River has extensive impervious coverage (high school) currently being treated by existing stormwater BMP's. South side of Rocky River is currently being developed. Has been mostly timbered in preparation of residential development, no current impervious coverage aside from Bailey Road. Highly impacted subwatershed due to high density residential development. Minimal stormwater detention. Mostly forested, no current impervious coverage aside from a single family home. Mix of forested and agricultural conditions (row crop), no current impervious coverage aside from 2 single family homes. No current impervious coverage. Timber and agricultural activity has dominated this upper watershed for nearly a century. Mix of forested and timbered conditions, no current impervious coverage aside from a single family home. Highly impacted subwatershed due to medium density residential development. Minimal stormwater detention. WLS field crews conducted a rapid geomorphic assessment of the South Prong West Branch of the Rocky River watershed to assess all streams and wetlands within the project reach. This assessment was focused on channel erosion, stream stability, and the impact of past and current land use practices on the Banks natural resources. Jurisdictional stream criteria were evaluated according to the North Carolina Stream Classification Method (NCSAM), version 4.11 (2010). Field observations for stream assessments included sediment supply and transport, channel boundary material properties (bed and bank), vegetation Page 8 4 Upper Rocky Mitigation Bank Draft Prospectus characteristics, evidence of excessive channel erosion, and overall channel stability. Where excessive erosion occurred, observations noted the mechanism of failure, whether the instability was localized or reach wide, and if the failure was recently active or historical. Table 3 provides reach designation stream length, approximate drainage area, and general description. Table 3. Reach Descriptions Water & Land Solutions Page 9 Severe incision, actively eroding banks, 1,846 794 straightened Moderate incision, actively eroding banks, 711 62 sedimentation from upstream development, lack of vegetated buffers Severe incision, actively eroding banks, 1,369 206 straightened Collapsed culvert, severe incision, straightened, 614 62 spoil piles present on banks Moderately incised to severely incised, active 3,614 220 head cuts, severe sedimentation Moderate incision to low incision, upstream portion (above headcut) shows little to no 1,015 102 impairment, below active headcuts begins moderate incision 1,176 102 Braided, wetland complex, no impairment 835 2 Single -thread wetland complex, no impairment 800 8 Severe incision, straightened 129 37 Severe incision Water & Land Solutions Page 9 Upper Rocky Mitigation Bank Draft Prospectus 3.2.2 Reach Conditions of Proposed Bank Streams 3.2.2.1 Reach 1 Reach 1 is designated as the lower reach of the South Prong West Branch of the Rocky River at the terminus of the Bank starting immediately upstream of the Bailey Road bridge crossing (approximately 1,846 linear feet). Cross section 1 was recorded for Reach 1. Reach 1 has a total drainage area of 794 acres with a total watershed impervious coverage of 29 percent. This reach is highly unstable and incised and appears to have been straightened and possibly dredged at some point in the past. Because of land use activities (agricultural), it is possible the stream was relocated closer to the northern edge of the valley. Stream banks are highly unstable and in -stream habitat is under constant duress due to upstream bank erosion. The channel banks are highly incised with elevations of up to 12 feet, totally removing floodplain access. Based on NCSAM, this stream system is classified as low and is therefore considered to be low quality. 3.2.2.2 Reach 2 Reach 2 is a tributary to the South Prong West Branch of the Rocky River flowing to the northwest and originating southeast of Bailey Road (immediately upstream and offsite). The stream maintains an existing length of 711 linear feet within the Banks easement boundaries. This perennial tributary was in relatively stable condition prior to land use changes within the past year. However, with the construction along Bailey Road and clearing for future development in the upper watershed of this tributary, the stream within the Banks easement limits has been impacted by sedimentation and most recently in -stream bank erosion. Some vegetation clearing along the stream banks for the future crossing into the Beverly subdivision has removed trees that had historically provided bank stability. Reach 2 contains cross section 2 and has a total catchment of 62 acres with a total watershed impervious coverage of 7 percent. However, watershed conditions are changing rapidly for this channel which will lead to continued bank failure, incision, and habitat loss. Based on NCSAM, this stream system is classified as low and is therefore considered to be low quality. Page 10 4 3.2.2.3 Reach 3 The South Prong West Branch of the Rocky River splits into three primary channels as the stream complex transitions upstream. Reach 3 is the northern most channel which flows close to the northern boundary of the Bank conservation easement and eventually upstream into the Bailey's Glen residential community. This channel was historically relocated to the outer edge, and is slightly upslope of its natural valley. Within the Bank limits, this reach is approximately 1,369 linear feet and has a drainage area of approximately 206 acres. This channel currently has three significant headcuts that continue to move upstream and have caused significant sedimentation downstream. While this reach is flanked by a mature hardwood buffer, the current headcuts and substantial incision create a detachment between the streamflow and relict floodplain. Stream banks are highly unstable and in -stream habitat is mostly nonexistent. Cross sections 3, 4, and 5 were collected for Reach 3 to accurately depict the presence and impacts of these 3 headcuts. Based on NCSAM, this stream system is classified as low and is therefore considered to be low quality. Upper Rocky Mitigation Bank Draft Prospectus 3.2.2.4 Reach 4 Reach 4 is a tributary to the South Prong West Branch of the Rocky River flowing from the south and continuing upstream off of the Bank property. Within the Bank property, this stream was historically straightened and dredged, likely for farming and/or flood control purposes. Bank height ratios are extremely high indicating a very unhealthy system. Reach 4 has an existing culvert crossing for a relict driveway (soil road). Upstream (outside the Bank limits) of this culvert the stream remains in stable condition and was not historically straightened or dredged. Downstream of this culvert, and within the Bank limits, the stream exhibits significant incision, nearly complete habitat loss, and excessive bank erosion. The floodplain maintains a hardwood buffer but the stream cannot access its relict floodplain unless under extreme precipitation conditions. The approximate length of Reach 4 within the Bank property is 614 linear feet and the drainage area is approximately 62 acres. Cross section 8 was taken downstream of the culvert crossing Water & Land Solutions Page 11 Upper Rocky Mitigation Bank Draft Prospectus in the highly incised and unstable section while cross section 9 was taken upstream of the culvert where the channel maintains stability. The upstream portion of Reach 4 maintains a relatively stable dimension, pattern, and profile and will provide a reference reach for design on the Bank portion of reach 4. When scored based on NCSAM, the lower reach of this stream system was classified as low quality. 3.2.2.5 Reach 5 (including 5A & 5B) Reach 5 is the southernmost branch of the South Prong West Branch of the Rocky River and originates from the confluence of two intermittent channels within a relatively undeveloped drainage area. The Bank stream length for this reach is approximately 3,614 linear feet and the drainage area is approximately 220 acres. Reach 5 included a primary channel and three small tributaries. As this reach transitions into the confluence valley where it connects with the two other Upper Rocky River branches, the channel&IA .: & £ y has been pushed against the edge of the valley and straightened, maintaining a ditch -like dimension, pattern, and profile. Excessive sedimentation from upstream erosion has settled out in this portion of the reach and the channel maintains a uniform and unnatural habitat condition (no riffle/pool complex). As reaches transition upstream and away from the deposition in the valley containing the confluence, the channel exhibits significant incision, overall habitat loss, and excessive bank erosion. The channel does appear to be within its natural valley and historic pattern, but the incision is significant enough that the channel likely does not access its floodplain unless under extreme precipitation conditions. While some short sections of this reach indicate a building bankfull bench, because of the incision these short sections are overwhelmed during storm events and a consistent dimension and profile are unattainable without restoration. The channel contains multiple headcuts indicating a constant presence of instability. Cross section 11 was recorded along Reach 5 and verifies high bank height ratios as well as sever incision. Based on NCSAM, this stream system is classified as low quality. Page 12 4 3.2.2.6 Reach 6 (including 6A & 68) Reach 6 is the central branch of the South Prong West Branch of the Rocky River. Reach 6 represents the transition between the upstream braided multi -thread Reach 7 (described below) and the highly incised downstream Reach 1. Because of significant modifications to this valley for historic agricultural practices, it is relatively difficult to discern where the historical location of this channel should be. A series of small disconnected ditches, sediment depositional areas, and other areas of stormflow during large precipitation events indicate a consistently changing and unstable valley. Reach 6 has a series of headcuts that have moved upstream from Reach 1 and Reach 5. Cross sections 10, 12, and 13 were recorded to capture the varying degrees of incision and headcut transition throughout this reach. The stream length of Reach 6 within our Bank area is approximately 1,015 linear feet while the drainage area encompasses approximately 102 acres. Upper Rocky Mitigation Bank Draft Prospectus Some portions of Reach 6 located above the series of headcuts maintain what appears to be a stable dimension, pattern, and profile and have access to the floodplain during precipitation events. The areas of Reach 6 that are not incised also contain the presence of adjacent wetlands, providing a snap shot of what this watershed looked like prior to stream modification. The forested buffer is relatively young and is dominated by more successional species indicating past timber and agricultural activities. When the stream is classified overall based on NCSAM, this stream system is classified as low and is therefore considered to be low quality. Water & Land Solutions Page 13 Upper Rocky Mitigation Bank Draft Prospectus 3.2.2.7 Reach 8 Reach 8 is immediately upstream of Reach 7 and continues as the central branch of the South Prong West Branch of the Rocky River. Reach 8 is the same stream system as Reach 7 but is distinctly different in that it represents the transition upstream and out of the stable multi -thread braided stream and wetland complex. The valley slope surrounding Reach 8 appears to be slightly steeper and more typical of the Piedmont than Reach 7. Beaver activity continues to be active within Reach 8 but because of the change in valley conditions the beaver dams have less impact on the adjacent floodplain. Stream conditions within Reach 8 are similar to open water systems (ponding). The stream remains incised and does not maintain a riffle/pool complex because of ponding. Sedimentation from upstream bank erosion gets stored in Reach 8 and water quality conditions are not indicative of a perennial Piedmont stream. Stream length of Reach 8 within the Bank limits is approximately 835 linear Page 14 4 Upper Rocky Mitigation Bank Draft Prospectus feet and an upstream catchment acre of approximately 82 acres. Based on NCSAM, this stream system is classified as high and is considered to be high quality. 3.2.2.8 Reach 9 Reach 9 is a tributary to the central branch of the South Prong West Branch of the Rocky River flowing from the south. Within the Bank property, this stream likely was historically straightened and dredged. This reach is severely incised and exhibits bank erosion and instability. The Bank stream length for this reach is approximately 800 linear feet and the drainage area is approximately 48 acres. Excessive sedimentation from bank erosion has settled into riffles and pools creating a uniform and unnatural habitat condition. The channel does appear to be within its natural valley and historic pattern, but the incision is significant enough that the channel does not access its floodplain unless under extreme precipitation conditions. Cross section 14 was recorded along Reach 9. Based on NCSAM, this stream system is classified as low and is considered to be low quality. 3.2.2.9 Reach 10 Reach 10 is a short tributary to the South Prong West Branch of the Rocky River (Reach 1) flowing from the north along the west side of William Hough High School. The valley for Reach 10 is moderately defined but the channel appears to have a head cut from Reach 1 moving upstream off of the Bank property due to the incised condition of Reach 1. This reach is severely incised and exhibits bank erosion and instability. The Banks stream length for this reach is approximately 129 linear feet and the drainage area is approximately 37 acres. It is unclear if this reach had formed a perennial stream prior to headcutting from Reach 1. The channel does appear to be within its natural valley and historic pattern, but the incision is significant enough that the channel cannot access its floodplain unless under extreme precipitation conditions. Cross section 15 was recorded along Reach 10. Water & Land Solutions Page 15 Upper Rocky Mitigation Bank Draft Prospectus 3.3 Pre -Bank Condition of Wetlands The historical presence of wetlands in Piedmont North Carolina, specifically within the Mecklenburg County region, was largely concentrated within headwater stream valleys that had sufficiently sized watersheds, high clay content in soils, and smaller streams that maintained relatively frequent overbank flooding. These riparian wetland systems were dependent upon these specific conditions in order to maintain consistent hydrology that defines jurisdictional wetlands. As agricultural practices spread throughout this region in the early to mid -1900's, streams were straightened, dredged, and/or relocated in order to maximize agricultural production. These historically wet valleys provided ideal settings for high crop yield and cattle production because of access to groundwater. Stream modifications and subsequent drainage of the floodplain provided the greatest factor for the general loss of Piedmont riparian wetlands during this time period. As the urban growth of Charlotte increased and the suburban growth followed, these already impacted systems underwent additional major watershed hydrologic changes including increased stormflow velocities and quantities (associated with an increase in impervious surface) which led to increased downcutting of streams. The urban/suburban growth mixed with the historical agricultural practices led to a significant loss of Piedmont wetlands in the Mecklenburg County region. The Bank site represents this combination of conditions due to the agricultural land use practices during the last century and now suburban growth occurring within the watershed. The combination of the three major stream reaches coming together at their confluence within a low slope valley, which also containsW. , a high clay content, can lead to the conclusion that it is highly ` likely that the entire valley maintained wetland conditions prior to agricultural land use activities. In the few areas of the Bank where streams are not incised, wetland pockets are abundant. a r. In the areas downstream of current and active headcuts where x streams have been actively draining floodplain soils, wetland F' vegetation indicators are present but the lack of hydrology has led to a significant loss of wetlands. The entire Bank valley was i mapped by a licensed soil scientist as Monocan soils, one of only I two soils mapped in Mecklenburg County that maintain riparian wetlands. Based on the combination of high clay content soils, abundant surface water, and the presence of wetlands where stream incision isn't present, it appears as if the majority of the valley should maintain jurisdictional wetlands. A full soils investigation has been conducted by a licensed soil scientist and results are pending. On-site wetlands were identified using the three -parameter approach prescribed in the 1987 Corps of Engineers Wetlands Delineation Manual. Jurisdictional wetlands were also evaluated according to the North Carolina Wetland Assessment Method (NCWAM), version 4.1 (2010). Based on our assessment of the on-site water features, there are six wetlands identified within the Bank boundaries (Figure 6). A total of approximately 282,000 square feet (6.5 acres) of wetlands were delineated using pink and black striped and blue sequentially numbered flagging. Page 16 4 Upper Rocky Mitigation Bank Draft Prospectus The first wetland system (W1 in Figure 6) is the most upstream wetland within the Bank property and is located along Reach 8. This system is dominated by a series of larger active beaver dams that appear to be actively expanded and maintained by the current beaver population. Vegetation within this system is dominated by more upland and floodplain species not typically found within wetlands. Vegetation mortality within this wetland appears high as more upland species adjust to the rising water surface elevation due to the beaver activity. This system functions more like an open water pond and is not expected to maintain significant wetland conditions once the restoration of the valley and stream occurs (including beaver removal). Based on NCWAM, this wetland system is classified as low quality. The second and most dominant jurisdictional wetland system (W2 in Figure 6) is the largest wetland identified within the Bank property and is located along Reach 7 (multi -thread stream and wetland complex). This system is located immediately downstream of Wetland System 1 and is differentiated by the lack of active beaver, vegetation composition, saturation pattern, and valley slope conditions. This system is dominated by a series of small relict beaver dams that have naturalized over the past approximately 50 years. While beavers are currently active upstream of this system, it does not appear that beavers actively build or maintain within this wetland area based on site conditions. This wetland is located within an area of relatively low valley slope as compared to typical Piedmont stream valleys, likely due to historic deposition from upstream bank erosion. The valley has been mapped as Monacan soils. The low slope valley condition, presence of historic beaver activity, mapped hydric soils, and stable streams (no headcuts present) allow this wetland to maintain a very consistent and strong presence. Vegetation within this system is dominated by herbaceous and shrubs including juncus effusus, carex spp, and scirpus sp. This wetland maintains saturation throughout the year and provides significant water quality benefits. This system is surrounded on both sides by a relatively steep terrain. Based on NCWAM, this wetland system is classified as low quality; however the low rating was likely due to the historic impact of beavers as the wetland system is currently considered a high quality functioning system. The third wetland (W3, Figure 6) is directly downstream and connected to System 2. However, this system is significantly different than System 2 because of multiple factors. System 3 is located in the confluence valley where all three of the major Upper Rocky River tributaries join creating a valley that likely remains saturated during and immediately following precipitation events under stable conditions. System 3 wetland boundaries were delineated above the active stream headcuts where this consistent soil saturation occurs. This system is forested and functions like a bottomland hardwood. Based on NCWAM, this wetland system is classified as high and is considered to be a high quality wetland system. The northeastern wetland boundary (downstream wetland edge) coincides with the headcut locations along the three tributaries, indicating the impact of wetland hydrology loss relative to stream incision. As stream base flow lowers due to stream incision, the groundwater elevation is directly lowered and therefore wetland hydrology is not present long enough during the growing season to maintain wetland conditions. Soil conditions and vegetation conditions remain consistent throughout the entire downstream valley. It should be noted that as the stream incision gets deeper and groundwater elevations lower in response, the presence and density of Chinese Privet significantly increases becoming the dominant species within this community, which is common of drained floodplains in the Piedmont. The fourth wetland (W4, Figure 6) pocket is located downstream of the confluence valley along the outer edge of the Reach 1 floodplain. This small wetland pocket represents a snap shot of what the floodplain edge of the South Prong West Branch of the Rocky River likely contained prior to significant land use changes over the past century. The majority of the floodplain of the South Prong West Branch of the Water & Land Solutions Page 17 Upper Rocky Mitigation Bank Draft Prospectus Rocky River has been drained by straightening, dredging, and headcutting of on-site streams. In addition to these activities, a lateral ditch was dug along the toe of slope of the floodplain to drain what was likely wetland conditions. Wetland System 4 represents the only area outside the effectively drained portions of the floodplain (by this ditch/stream network). This small wetland pocket is classified as a riparian toe - of -slope wetland and historic hydrology is directly linked to base flow conditions within the South Prong West Branch of the Rocky River, as well as rising groundwater where the natural site valley slopes meet the floodplain. This system is forested and functions like a bottomland hardwood wetland. Based on NCWAM, this wetland system is classified as medium quality. While he system functions as a high quality wetland, the loss of overbank and overland flooding from incised streams within the floodplain doesn't allow this weltand to meet its maximum NCWAM value. The fifth wetland (W5, Figure 6) is located upstream of the confluence valley along Reach 5. This wetland system is a combination of wetland pockets that maintain very similar conditions to wetland Systems 3 and 4. These wetland pockets are riparian wetlands along the toe of the valley slope and are directly linked to base flow conditions within the stream. The majority of Reach 5 is severely incised and unstable. Where this incision occurs, the floodplain and historic riparian wetlands have been drained. However, a small section of Reach 5 remains in stable condition due to a significant root structure that has allowed the stream headcut to be avoided. The riparian wetland pockets associated with wetland system 5 are adjacent to this short section of stable stream, further indicating that if the streams are restored to their proper elevation, wetland pockets are anticipated to form throughout the floodplain. This system is forested and functions like a bottomland hardwood. Based on NCWAM, this wetland system is classified as high quality. The sixth wetland (W6, Figure 6) is located along ` Reach 5 as this stream enters confluence valley. This wetland system maintains very similar conditions to wetland systems 3 and 5. This forested riparian wetland is within an area of historic deposition along Reach 5 where sediment from upstream bank erosion has settled out creating a backwater effect to some degree. The majority of Reach 5 upstream of this wetland is severely incised and unstable. However, the stream adjacent to wetland 6 maintains a shallow dimension allowing frequent overbank flooding and wetland hydrology to persist within the floodplain. The riparian wetland system 6 provides further evidence that if the streams are restored to their proper elevation, wetland pockets are anticipated to form throughout the floodplain. This system is forested and functions like a bottomland hardwood. Based on NCWAM, this wetland system is classified as high quality with the only negative factor being sediment flushing that occurs within due to continued upstream bank erosion. Page 18 4 Upper Rocky Mitigation Bank Draft Prospectus 3.4 Potential Site Constraints 3.4.1 Existing easements on the site Portions of Reach 3, 5, and 6 are located on property that is managed under a Wildlife Habitat Conservation Agreement. This Agreement did not require recordation of a conservation easement. WLS has coordinated with NC Wildlife Resources Commission to ensure that this land designation is compatible with stream and wetland restoration projects. There are no other existing easements on the site. 3.4.2 Utility corridors within the site The proposed Bank site contains a sewer right of way that runs parallel to Reach 1 along the northern Bank boundary. There are three instances where the sewer line will cross the restored Reach 1. These right-of-ways will be excluded from the conservation easement and credit calculations. The presence of this sewer utility will not negatively impact the proposed project. There are no other existing utility corridors on the site. 3.4.3 Mineral or water rights issues There are no mineral or water rights issues within or adjacent to the proposed Bank. 3.4.4 Hydrologic trespass The downstream portion of Reach 1 is located within a FEMA regulated floodplain. While it is not anticipated that there will be issues associated with FEMA permitting or documentation, WLS will coordinate with the local floodplain administrator as needed and prepare the required documentation to obtain approval for any FEMA regulated impacts. In addition, the project will be designed so that any increase in flooding will be contained within the Bank boundary and will not impact adjacent landowners, therefore hydrologic trespass will not be a concern. 3.4.5 Invasive Species Within the proposed project boundary, there are several areas with a substantial community of the invasive plant species Chinese Privet (Ligustrum sinense). A few additional pockets of additional invasive species (multiflora rose) occur sporadically within the Bank area. WLS will develop a comprehensive eradication, control, and monitoring program, using mechanical and chemical control techniques to control invasive plant species currently on site and to prevent future proliferation. 3.4.6 Cultural Resources In accordance with the National Historic Preservation Act, WLS investigated and confirmed that the proposed project area and property does not contain nor is it adjacent to any properties listed in the National Register with the State Historic Preservation Office. There are several sites located within approximately one mile of the proposed project area, most of which are survey only and are not registered. The closest such site was the Bailey House, located approximately 0.2 miles north east of the project area. More recent aerial photography shows that this site has been demolished and removed. Water & Land Solutions Page 19 Upper Rocky Mitigation Bank Draft Prospectus There are two sites on the National Register that are within the vicinity of the proposed project site. Potts Plantation is a historical farm site located approximately one mile north. The South Prong West Branch of the Rocky River flows through this property, but it is upstream of the confluence with the proposed project and no impacts are expected to this registered property. The historical house Beaver Dam is located approximately 1.1 miles north east of the proposed project area. No impacts to the property will occur due to the Bank project. 3.4.7 Threatened and Endangered Species According to the U.S. Fish and Wildlife Service, there are four species listed as endangered in Mecklenburg County: Carolina heelsplitter (Lasmigona decorata), smooth coneflower (Echinacea laevigata), Schweinitz's sunflower (Helianthus schweinitzii), and Michaux's sumac (Rhus michauxii). One species, the Northern Long Eared Bat (Myotis septentrionalis) is listed as threatened. The shade -intolerant Michaux's sumac typically occurs in open habitat that is frequently disturbed by mowing or, historically, by fire. The smooth coneflower's habitat is dry limestone bluffs, bare rock/cliff, and disturbed areas where the flower can receive full or partial sunlight. Schweinitz's sunflower also prefers open areas, such as utility right-of-ways, with thin, clayey soils. All of the endangered plant species have similar habitat requirements and there is some appropriate habitat on the Bank. All areas of appropriate habitat were carefully inspected, within the pasturelands and along the transition zones between open and forested regions. No individuals of these three species were observed during the field investigation. The Carolina heelsplitter is a relatively large, freshwater mussel endemic to several river drainages in North and South Carolina. The species is reported to inhabit small to large streams and rivers. They are usually found in muddy sand, muddy gravel, or mixed sand and gravel, near stable, well -shaded stream banks. Historically, the range included the Catawba and Pee Dee river systems in North Carolina. Only two small populations are known to exist in North Carolina and those are located in Union County. The only appropriate habitat on the Site may have been Reach 1 that runs along the northeastern border. This stream has been impacted by historic straightening of the channel with severely eroded, unstable banks. It is highly unlikely that this stream would provide the stable habitat required by this species. As part of due diligence and to avoid violation of the USFWS Norther Long-eared Bat Final 4(d) Ruling, WLS contacted the USFWS to determine if any known hibernacula were located in Mecklenburg County. None are known to exist there. This area is not listed as critical habitat for any listed endangered or threatened species and the proposed Bank should not negatively impact any listed species. 3.4.8 Conditions Affecting Hydrology A series of beaver dams exist throughout Reaches 7 and 8. Relict beaver dams within Reach 7 are contributing to the functional wetlands that have formed and will likely remain. Active beaver dams within Reach 8 are causing water to pond and will be removed during restoration activities. The removal of beavers is not expected to adversely affect the hydrology of the site. Page 20 4 Upper Rocky Mitigation Bank Draft Prospectus There is a culverted road crossing at the end of the project (Bailey Road crossing). This culvert will remain in place. Therefore, design elevations will tie into this reference point. There are several ditches throughout the Bank site. These ditches were historically used to drain wetlands and create arable land for farming. These ditches will be plugged during restoration activities to prevent them from negatively affecting hydrology on the completed project. 3.4.9 Adjacent Land Use The Bank adjacent land use includes a high school, an established residential community, a developing residential community, and agriculture and forestry. None of these land uses will have negative impacts on the operation of the Bank. Water & Land Solutions Page 21 Upper Rocky Mitigation Bank Draft Prospectus 4 Proposed Bank Conditions 4.1 Objectives of proposed mitigation bank The Bank will provide numerous water quality and ecological benefits within the Upper Rocky River Watershed, which ultimately drains to the Yadkin River. The Bank is located in the West Branch Rocky River - 03040105010010 Targeted Local Watershed (TLW), which is characterized by increasing development pressures (NCEEP 2009). The placement of the proposed bank will provide significant long term protection of natural resources and will meet the general restoration and protection goals outlined in the 2009 Lower Yadkin Pee -Dee River Basin Restoration Priorities (RBRP) (NCEEP 2009) and in the draft Rocky River Watershed Management Plan (MCSWS 2010). The Bank will meet these goals by: • Reducing in -stream erosion and sediment/nutrient inputs by rebalancing imposed shear forces and sediment transport capacity with sediment supply • Reestablishing floodplain connectivity of the currently incised channel • Prevent active headcuts from migrating farther upstream • Restoring, preserving and protecting riparian, riverine wetlands • Increasing habitat for benthic macroinvertebrates by incorporating habitat features such as woody materials, pools and backwaters, riffles and structures. The Bank reaches show the classic signs of habitat degradation associated with the transition of a watershed from an agricultural community to an urban development through hydromodification, severe channel incision, and a loss of wetland habitat. Our goal is to reestablish long-term stability by rebalancing the watershed's geomorphic and hydrologic processes. Through the restoration of on-site streams and associated wetlands, the design will recondition the site to create natural geomorphic processes leading to enhanced habitat quality and greater riparian function. Complementing the restoration effort, the design will also incorporate stormwater treatment to minimize the hydrologic effects of urbanization in the watershed. 4.2 Conceptual Mitigation Plan The Bank will involve the potential restoration, preservation and permanent protection of approximately 12,109 linear feet of existing streams. WLS's comprehensive design approach utilizes the entire suite of stream mitigation practices, from Priority Level I Restoration to Preservation, and appropriately addresses all of the intermittent and perennial stream reaches at the project site, including protecting or enhancing riparian buffers along all of the project stream reaches, and limiting the number of stream crossings, thus providing the maximum functional uplift and utilizing a true watershed approach. The proposed Bank will provide adequate floodplain access to all stream reaches. For any Bank reach along which Priority Level II Restoration must be utilized, the following elements will be incorporated into the proposed design and construction: • Floodplain bench excavation grading will extend a minimum of 1.5 bankfull widths beyond the stream belt width such that meandering floodplains are not created. • All proposed floodplains will be constructed such that they are over -excavated to accommodate replacement of topsoil. Page 22 4 Upper Rocky Mitigation Bank Draft Prospectus • Design and construction oversight measures will ensure the proper harvesting, segregating, stockpiling, storage, handling, overall management and replacement of A and B soil horizon materials onto the excavated floodplain. WLS has compiled and assessed watershed information including drainage areas, historic and current land uses and development trends, geologic setting and landscape controls, soil types, and terrestrial plant communities. WLS will compare the results of the existing conditions analyses along with reference data from previous project implementation to determine the degrees of impairment and functional losses as they relate to physical and biological processes, as well as aquatic resources. In order to develop an appropriate design approach for the project reaches, the restoration potential must be determined to maximize the highest functional uplift based on the hydrology, hydraulics, geomorphology, physiochemical, and biological hierarchy. The design will utilize hybrid stream restoration approaches that have been successfully implemented on past projects. This includes using process based analytical tools when appropriate, as well as Rosgen's methodology, under which dimensionless ratios from reference reach data (analog) and past project experience (empirical) are analyzed in order to develop design criteria. The proposed project will provide increased floodplain access throughout the project area for all restoration reaches and will be monitored to demonstrate successful floodplain function. The stream channel design will include analysis of the hydrology, hydraulics, shear stress, sediment transport, and bankfull channel dimensions. WLS will consider three methods (field indicators if present, published regional curve information, and hydraulic modeling) for estimating bankfull discharge. The hydrology and hydraulics analysis will evaluate a range of significant flow discharges and flood frequency curves to help determine an appropriate bankfull discharge. The bankfull discharge will be used to select an appropriate channel geometry and help monitor long-term performance. Sediment transport calculations and stream power analyses will be performed for both the existing degraded channels and the proposed design channels. WLS will assess the stream's transport competency and capacity in order to quantify the stream's ability to move its sediment load. Small alluvial channels in the Piedmont may have a relatively low sediment supply (i.e., first order streams) with fine grained material, and therefore complex sediment transport calculations or models may not be necessary. However, it is still critically important to perform watershed reconnaissance and estimate how much sediment is being supplied to the project reaches by determining load rates from both within the channel (bed/banks) and upland sources. WLS will perform quantitative channel assessments that include pebble counts, collecting sediment samples (pavement/sub-pavement, bar), and predicting streambank erosion rates using the BANCS Method (BEHI/NBS) in order to evaluate bed and bank material characteristics and estimate sediment yields. The bed material will be sieved and a grain size distribution developed. The results of the substrate analyses will be used to classify the streams, and complete critical shear stress calculations required for designing slopes/depths and predicting channel stability. Other observation methods, such as dendro- geomorphic studies (bank root mass), bank pins/profiles, cross-section surveys, and time -series aerial photography may also be used as a comparative analysis. Water & Land Solutions Page 23 Upper Rocky Mitigation Bank Draft Prospectus Additionally, WLS will calculate stream power and compare the results to stable reference and published values to reduce uncertainties. If the results fall outside common stable ranges for similar stream types and slopes, multiple design iterations and methods, such as the Copeland Stability Curve, HEC -RAS -SAM modeling program, will be run to confirm that sediment loads can be transported adequately through the system without containing excess energy in the channel and verify that the design will not excessively aggrade or degrade. In -stream structures will be utilized for grade control, streambank protection, and improving bedform diversity and habitat. All in -stream structures will be constructed from materials naturally found at the project site such as hardwood trees, trunks/logs, brush/branches, gravel, stone, and small boulder materials. Rock used for structures has been harvested on-site from the adjacent development. In order to ensure sustainability of those structures, WLS will use methods of structure design and construction that have proven successful on numerous past projects in the same geographic region. WLS may also incorporate bioengineering practices, when appropriate, that use biodegradable materials and fabrics, uncompacted soils, live plant cuttings, and native vegetation to stabilize streambanks. Bioengineering treatments will provide initial bank stability that allows for the quick establishment of deep-rooted vegetation along the eroding streambanks. Once established, these live, dormant plant cuttings will provide long-term stability to the treated areas. WLS has field verified that the project site has adequate, viable construction access, staging, and stockpile areas. Note that physical constraints or barriers, such as stream crossings, account for less than three percent of the proposed total project footage within the conservation easement area. These same existing site access points and features will be used for future access after the completion of construction. Where practicable, impacts to existing native riparian buffer vegetation will be minimized. The use of native species riparian buffer transplants will be maximized as well. Any potential impacts to existing wetland areas will be avoided during construction, with only temporary, minimal impacts expected only as necessary for maximized permanent stream, wetland, and riparian buffer functional uplift. 4.3 Alternative Outcome without Bank Without the proposed bank, it is expected that the watershed will continue to increase in impervious areas and will undergo further urbanization and development. The Bjorneboe parcels will most likely be logged and subdivided. The Mayes property is well suited for development, as well. The Beverly property will potentially continue to degrade due to its current state of incision. Due to the current stream conditions (incised and unhealthy), the existing and future watershed modifications will likely exacerbate on-site stream and wetland degradation further impacting on-site and downstream water quality. The placement of the Bank and restoration of on-site wetlands and streams is the likely only solution to providing significant water quality benefits. 4.4 Reference Ecosystems Reference ecosystems will be identified that represent similar conditions to the restored stream and wetland system. Reference wetlands exist on-site where preservation is proposed. Reference streams exist upstream of Reach 4. Additional reference reaches will be identified by the designer before design begins. Page 24 4 Upper Rocky Mitigation Bank Draft Prospectus 5 Bank Establishment and Operation The URMB will be established as a single -site bank. The compensatory credits will be available to public, private, and non-profit customers. The proposed bank will include a combination of stream restoration and enhancement level I activities, depending upon the need of the individual reach and the highest ecological lift possible. The 8 -digit HUC is rapidly developing, so we anticipate a consistent need for both stream and wetland credits. In addition, the City of Charlotte Umbrella Mitigation Bank is lacking wetland credits. Therefore, any credits generated by URMB may be available to the City as well. 5.1 Proposed Credit Types Expected credit types are Stream Mitigation Units (SMUs) and Wetland Mitigation Units (WMUs). Warm stream credits will be generated through restoration and enhancement I activities (Table 4). Riparian, riverine wetlands credits will be generated through restoration (both re-establishment and rehabilitation), enhancement, and preservation activities (Table 5). Table 4. Proposed Stream Mitiaation Units 1,846 Restoration (1:1) 1,846 711 Restoration (1:1) 711 1,369 Restoration (1:1) 1,369 614 Restoration (1:1) 614 3,110 Restoration (1:1) 3,110 258 Enhancement 1 (2:1) 129 246 Enhancement 1 (2:1) 123 723 Restoration (1:1) 723 160 Restoration (1:1) 160 132 Enhancement 1 (2:1) 66 1,176 Preservation (5:1) 235 835 Enhancement 1 (2:1) 417.5 800 Restoration (1:1) 800 129 Enhancement 1 (2:1) 64.5 10,368 Table S. Proposed Wetland Mitiaation Units 1.70 Enhancement (2:1) 0.85 3.10 Enhancement (2:1) 1.55 1.15 Preservation (5:1) 0.23 0.05 Preservation (5:1) 0.01 0.20 Rehabilitation (1.5:1) 0.13 0.30 Preservation (5:1) 0.06 9.60 Re-establishment (1:1) 9.60 12.43 Water & Land Solutions Page 25 Upper Rocky Mitigation Bank Draft Prospectus 5.2 Credit Release Schedule All credit releases, except the initial release, will be based on the total number of credits generated as reported by the as -built survey. The initial credit release will be based on the total number of credits estimated in the 60% design phase. The credit ledger will be managed by WLS and approved by the District. The estimated credits will be released following District guidance, as shown in Table 6 below. Table 6. Credit Release Schedule Bank establishment 15% 15% Completion of all initial physical and biological improvements made pursuant to the Mitigation Plan 15% 30% Year 1 monitoring report demonstrates that channels are stable and interim performance standards have 10% 40% been met Year 2 monitoring report demonstrates that channels are stable and interim performance standards have 10% 50% been met Year 3 monitoring report demonstrates that channels are stable and interim performance standards have 15% 65% been met Year 4 monitoring report demonstrates that channels are stable and interim performance standards have 5% 70% been met Year 5 monitoring report demonstrates that channels are stable and interim performance standards have 15% 85% been met Year 6 monitoring report demonstrates that channels are stable and interim performance standards have 5% 90% been met Year 7 monitoring report demonstrates that channels are stable and interim performance standards have 10% 100% been met 5.3 Service Area The Bank will provide compensatory mitigation credits for permitted impacts to Waters of the United States in the Yadkin River Watershed, HUC 03040105. The Bank is further characterized by the 14 -digit HUC 03040105010010, which is managed under the Upper Rocky River and Clarke Creek Local Watershed Plan (LWP). It is also located within a NC Targeted Local Watershed (TLW). The Rocky River Watershed has experienced drastic increases in urbanization over the last 10-15 years. Many stream systems have been straightened as a result of this growth, along with the extensive agricultural practices that dominated the area previously. Like other developing watersheds, higher loads of nutrients, metals, and sediment are more typically found here than in stable watersheds. Page 26 4 Upper Rocky Mitigation Bank Draft Prospectus A 2004 NCEEP planning initiative study identified much of the watershed as having potential for excessive erosion, based on soil types, imperviousness and other factors (NCEEP 2004). The Rocky River and its tributaries is listed as impaired on the 2014 303(d) list for ecological/biological integrity, mercury in fish tissue, copper, turbidity, and zinc. The Rocky River is also governed by a TMDL for fecal coliform (EPA 2014). MCSWS composed a draft Watershed Management Plan in 2010. The Watershed Management Plan divided the watershed in 13 sub -basins to compare and locate priority areas. Using upland land use characterization to compare the sub -basins, the proposed Bank basin ranks second in fecal coliform, second in total nitrogen, second in total phosphorus, sixth in TSS, third in copper, second in imperviousness, and sixth in buffer impacts (CMSWS 2010). The report assessed 37 individual reaches within the watershed using BEHI, Near Bank Stress (NBS), Simon's Channel Evolution Model, and Rapid Bioassessment Protocol Forms. The main tributaries of the Upper Rocky River Mitigation Bank were three of the studied reaches. These reaches were recommended for restoration and enhancement (1). The sub -basins were again compared using the results of these studies. The Bank basin, upstream/headwaters of the South Prong, West Branch of the Rocky River, was consistently rated in the worst condition, and as such, is listed as a Priority Basin. The Bank basin is a priority due in part to the presence of significant institutional land use and high density residential development; the basin was ranked as having the highest average erosion rate per reach, and the worst basin -wide degradation (CMSWS 2010). 5.4 Proposed Financial Assurances Financial assurances will be in the form of casualty insurance. WLS has begun the process of securing coverage for the Bank. Details will be finalized prior to completion of the MBI. 5.5 Long -Term Management The Bank will be protected in perpetuity by conservation easements that extend at least 50 feet from stream centerlines and encompass all wetland areas. The responsible party for long-term management has not yet been chosen, but will be secured prior to publishing the MBI. Financial assurances for long-term management will be approved by the IRT prior to the commencement of any Bank establishment activities. Water & Land Solutions Page 27 Upper Rocky Mitigation Bank Draft Prospectus 6 Citations Mecklenburg County Storm Water Services (MCSWS), 2010. "Rocky River Watershed Management Plan." Draft version obtained from Mecklenburg County Storm Water Services direct contact. Environmental Protection Agency (EPA), 2014. "Impaired Waters, TMDL Pollutant: Fecal Coliform, TMDL ID: 4301." Accessed via: https://iaspub.epa.gov/watersIO/attains_impaired_waters.control?p_tmdl_id=4301&p_tribe=& p_pol luta nt_id=500&p_report_type= North Carolina Ecosystem Enhancement Program (NCEEP), 2004. "Upper Rocky River/Clarke Creek Local Watershed Plan." Accessed via: http://www.nceep.net/services/lwps/Clarke_Creek/Introduction.html NCEEP, 2009. "Lower Yadkin Pee -Dee River Basin Restoration Priorities 2009." Accessed via: https://ncdenr.s3.amazonaws.com/s3fs- public/Mitigation%20Services/PublicFolder/Work%20With/Watershed%20PIanners/Yadkin_Pee _Dee_RBRP_2009_Final.pdf N.0 Stream Functional Assessment Team. "N.C. Stream Assessment Method (NC SAM) User Manual, Version 2.1," August 2015. Print N.C. Wetland Functional Assessment Team. "N.C. Wetland Assessment Method (NC WAM) User Manual, Version 4.1," October 2010. Print Page 28 4