Loading...
HomeMy WebLinkAbout20160981 Ver 1_Inst. Mod- Prospectus_20160701Neu -Con Stream and Wetland Umbrella Mitigation Bank Uzzle Site INSTRUMENT MODIFICATION Neuse River Basin HUC 03020201 Prepared by: Resource Environmental Solutions, LLC Bank Sponsor: EBX-Neuse I, LLC 302 Jefferson Street, Suite 110 Raleigh, NC 27605 919-209-1056 fires July 2016 Table of Contents IINTRODUCTION.....................................................................................................................1 1.1 Project Description........................................................................................................................1 1.2 Project Location............................................................................................................................1 1.3 Service Area..................................................................................................................................1 1.4 Identified Watershed Needs..........................................................................................................1 1.5 Purpose and Objectives.................................................................................................................2 1.6 Technical Feasibility.....................................................................................................................3 1.7 Site Ownership.............................................................................................................................. 3 2 QUALIFICATIONS..................................................................................................................3 2.1 Bank Sponsor................................................................................................................................3 2.2 Bank Sponsor Qualifications........................................................................................................ 3 2.3 Consultant..................................................................................................................................... 4 2.4 Consultant Qualifications.............................................................................................................. 5 3 EXISTING CONDITIONS........................................................................................................5 3.1 Existing Jurisdictional Waters of the U.S..................................................................................... 5 3.2 Soil Survey....................................................................................................................................5 3.2.1 General Soil Characteristics................................................................................................. 5 3.2.2 Site Mapped Soil Series......................................................................................................... 5 3.3 Endangered/Threatened Species................................................................................................... 5 3.4 Vegetation and Wildlife................................................................................................................6 3.5 Cultural Resources........................................................................................................................ 7 3.6 Constraints.................................................................................................................................... 7 4 PROPOSED BANK CONDITIONS..........................................................................................7 4.1 Conceptual Mitigation Plan.......................................................................................................... 7 4.1.1 Project Development............................................................................................................. 8 4.1.2 Stream Restoration and Enhancement.................................................................................. 8 4.1.3 Monitoring..........................................................................................................................18 5 BANK ESTABLISHMENT AND OPERATION.....................................................................19 5.1 Establishment and Operation of the Bank...................................................................................19 5.2 Proposed Credit Release Schedule..............................................................................................19 5.2.1 Initial Allocation of Released Credits................................................................................. 20 5.2.2 Subsequent Credit Releases................................................................................................ 21 5.3 Financial Assurances.................................................................................................................. 21 5.4 Proposed Ownership and Long -Term Management................................................................... 21 5.5 Assurance of Water Rights......................................................................................................... 21 Uzzle Mitigation Site INSTRUMENT MODIFICATION Neu -Con Umbrella Bank i July 2016 List of Figures Figure 1. Project Vicinity Map Figure 2. USGS Topographic Map Figure 3. Historical Aerial Photography Figure 4. Soils Map Figure 5. NWI Wetlands Map Figure 6. Constraints Map Figure 7. Conceptual Design Plan Appendix — Landowner Authorization Forms Uzzle Mitigation Site INSTRUMENT MODIFICATION Neu -Con Umbrella Bank ii July 2016 I INTRODUCTION 1.1 Project Description The Uzzle Stream Mitigation Site (the "Site") is located six miles southeast of Clayton and contains approximately 26 acres of conservation easement on a parcel in Johnston County, NC. The Site will involve the restoration and enhancement of streams in the Little Poplar Creek catchment. The Site was identified by EBX-Neuse I, LLC as having potential to help meet the compensatory mitigation requirements for stream impacts in hydrologic unit 03020201 of the Neuse River Basin. This proposed Site will result in significant ecological improvements including water quality improvement, habitat restoration and a decrease in non -point source pollution from stormwater and agricultural practices. The Site is consistent with the 2010 Neuse RBRP. The conceptual design presents 5,854 linear feet of stream mitigation generating 4,464 Stream Mitigation Units (SMU). 1.2 Project Location The Site is located in Johnston County approximately six miles southeast of Clayton, NC (Figure 1). The GPS coordinates of the site are 35.585186°N and -78.393553°W. The Site can be accessed from Meta Drive, and Uzzle Industrial Dr. 1.3 Service Area The Site will provide mitigation credits to offset unavoidable impacts to stream resources within the Upper Neuse subbasin (8 -digit USGS HUC 03020201). The Site is located in the Poplar Creek Watershed (03020201100040), a Targeted Local Watershed (TLW) and part of the Neuse Regional Watershed Planning (RWP) Area. As part of the RWP, the Site is located in a subwatershed identified as High Priority for stream corridor condition improvement. The Site supports many of the RWP listed goals and presents an opportunity to restore/enhance over 5,853 linear feet of stream and riparian corridor. The proposed Uzzle Stream Mitigation Project will provide numerous ecological and water quality benefits within the Neuse River Basin. These benefits are not limited to the project area, but have more far-reaching effects throughout the Poplar Creek sub -watershed and Neuse River. The Uzzle project will provide improvements to water quality, hydrologic function, and habitat. All waters in the Neuse River basin are Impaired on an evaluated basis in the Fish Consumption category for mercury contamination. This is based on fish consumption advice from the NC Department of Health and Human Services (NC DHHS). Downstream in the Neuse River, low dissolved oxygen levels are present. 1.4 Identified Watershed Needs The North Carolina Division of Mitigation Services (DMS) develops River Basin Restoration Priorities (RBRP) to guide its restoration activities within each of the state's 54 cataloging units. The 2010 Neuse River Basin RBRP identified several restoration needs for the entire Neuse River Basin, as well as for HUC 03020201, specifically. Goals include promoting nutrient and sediment reduction in agricultural areas by restoring and preserving streams, wetlands, and riparian buffers. Uzzle Mitigation Site INSTRUMENT MODIFICATION Neu -Con Umbrella Bank 1 July 2016 The proposed Site is designed to help meet these goals. The project will address stressors identified in the watershed through nutrient removal, sediment removal, runoff filtration, and improved aquatic and terrestrial habitat. These project goals will be achieved through stream enhancement and restoration. 1.5 Purpose and Objectives The purpose of the proposed Site is to generate compensatory mitigation credits for inclusion in the Neu - Con Umbrella Mitigation Bank in hydrologic unit 03020201 of the Neuse River Basin. The project goals address stressors identified in the watershed, and include the following: • Nutrient removal, • Sediment removal, • Invasive species removal, • Filtration of runoff, • Wildlife corridor enhancement and preservation, and • Improved aquatic and terrestrial habitat. The project goals will be addressed through the following project objectives: • Elimination and control of exotic invasive species, • Restoration of riparian forested stream buffers • Stabilization of eroding stream banks due to lack of vegetation, • Addition of large woody debris such as log vanes, log weirs, and root wads, and • Restoration of appropriate pattern, dimension, and profile in stream channels. The Site is located in the Poplar Creek Targeted Watershed (03020201100040). The Site supports many of the Neuse RBRP and TLW goals and presents an opportunity to restore/enhance 5,854 linear feet of stream and riparian corridor. The proposed Site will provide numerous ecological and water quality benefits within the Neuse River Basin. These benefits are not limited to the project area, but have more far-reaching effects throughout the Neuse River. The Site will provide improvements to water quality, hydrologic function, and habitat. As stated in the Neuse River Basin Restoration Priorities report (2010), the following restoration and protection goals are listed for the watershed: 1. Promote nutrient reduction in municipal areas through the implementation of stormwater best management practices, 2. Promote nutrient and sediment reduction in agricultural areas by restoring and preserving wetlands, streams, and riparian buffers, 3. Continue targeted implementation of projects under Nutrient Offset and Buffer programs, as well as focusing DOT -sponsored restoration in areas where they will provide the most functional improvement to the ecosystem, 4. Support the Falls Lake Watershed Management Plan; a separate prioritization process for DMS that will be developed in next 1-2 years, S. Continue to implement planning initiatives including DMS Phase IV LWP for the Upper Neuse (incorporates updated plans for the Ellerbe Creek, Lake Rogers/Ledge Creek, Lick Creek, Little Lick Creek, and Upper Swift Creek) and the Upper Neuse River Basin Association's Upper Neuse Watershed Management Plan, 6. Protect, augment, and connect Natural Heritage Areas and other conservations lands. Uzzle Mitigation Site INSTRUMENT MODIFICATION Neu -Con Umbrella Bank 2 July 2016 The Site supports all of these listed goals and presents an opportunity to restore/enhance over 5,854 linear feet of stream and riparian corridor. 1.6 Technical Feasibility The technical feasibility of the Site is supported by EBX-Neuse I, LLC's extensive experience with stream and wetland restoration and enhancement in North Carolina and throughout the Southeast. Further preliminary survey, investigations, and design has been performed to ensure the feasibility of the proposed project. The absence of fatal flaws such as hydrologic trespass, historic/cultural resources, and protected species means the project is unlikely to be impeded by resource issues, or by objections from adjacent landowners. 1.7 Site Ownership The land required for the construction, management, and stewardship of this mitigation project includes portions of the parcels listed in Table 1. Table 1. Summary of Site Current Land Ownership Owner of Record Agreement Date Agreement Expiration Date PIN Contact Name: Daniel Ingram Telephone: 168600-09-3644 George C. Uzzle III and September 22 2015 December 31 2016 168600-07-9981 Linda Uzzle 168600-08-5325 (Johnston County) 2 QUALIFICATIONS 2.1 Bank Sponsor The Uzzel Mitigation Site shall be established under the terms and conditions of the Neu -Con Umbrella Mitigation Bank made and entered into by EBX Neuse I, LLC, acting as the Bank Sponsor. Company Name: EBX Neuse I, LLC Company Address: 302 Jefferson Street, Suite 110, Raleigh, NC 27605 Contact Name: Daniel Ingram Telephone: (919) 209-1056 Email: dingram@res.us 2.2 Bank Sponsor Qualifications Resource Environmental Solutions, LLC (RES) was founded in February 2007 and grew organically from its roots restoring Louisiana wetlands to deliver mitigation solutions across Louisiana, Texas, Pennsylvania, West Virginia, Maryland, Virginia, North Carolina and South Carolina. In December 2014, RES acquired industry pioneer Environmental Banc & Exchange, LLC (EBX) and EBX-Neuse I, LLC (a partnership), expanding the RES knowledge base and geographic and technical delivery capabilities. RES develops and supplies ecological offsets to help public and private sector clients obtain required permits for unavoidable, project -related impacts to wetlands, streams, and habitats. RES helps clients Uzzle Mitigation Site INSTRUMENT MODIFICATION Neu -Con Umbrella Bank 3 July 2016 proactively manage risk from operations in environmentally sensitive areas by providing proactive impact analyses, streamlining permitting processes, and limiting liability and regulatory exposure. • RES is the premier provider of ecological offset solutions in the US • RES founded in 2007 / EBX founded in 1997 • 110 mitigation sites permitted/in process • Conservation easements protecting roughly 400 sites • 32,000 restored wetland acres • 4,000 acres of custom mitigation solutions • 155 miles of stream restoration • Reduced over 240 tons of nutrients • Rehabilitated and preserved over 3,700 acres of endangered species habitats In North Carolina, RES and its affiliated companies have won over $70 million in mitigation contracts with North Carolina state agencies. With a regional office in Raleigh staffed with full-time professionals, RES has the ability to carry out existing projects, as well as secure and carry out new projects and banks in the State. A few representative projects implemented by RES are presented below. Neu -Con Umbrella Mitigation Bank (North Carolina): One of the first approved wetland and stream banks in North Carolina. The service area of the Bank is the entire Neuse River Basin. The Bank was established in April 2001. Initial contract: 22,964 linear feet of stream mitigation units (SMU) sold to North Carolina DOT based on credits produced from 3 stream restoration sites (initiated November 2000; sold all credits in November 2000; design initiated December 2001; construction completed on all sites Spring 2005; monitoring completed on all sites in Fall 2009). Additional sites added starting in 2008. Chesapeake Wetland Mitigation Bank (City of Chesapeake, Virginia): 545 -acre wetland mitigation bank in the Lower James Watershed in Virginia. The service territory of the Bank includes RUCs 02080206 and 02080208. The Bank was established in July 2009. The remainder of the 1,156 -acre property will be sold to the Great Dismal Wildlife Refuge (MBI finalized Spring 2009; construction completed Spring 2011; in the monitoring phase). Conoconnara Swamp Site (Halifax County, North Carolina): 87.0 WMU of wetland restoration and 5,050 SMU of stream restoration (initiated July 2005; construction completed Spring 2007; monitoring completed Fall 2011). 2.3 Consultant The Designer for the Site will be W.K. Dickson & Co., Inc (WK Dickson). Company Name: W.K. Dickson & Co., Inc. Company Address: 720 Corporate Center Drive, Raleigh, NC 27607 Contact Name: Scott Sigmon Telephone: (919) 782-0495 Email: ssigmon@wkdickson.com Uzzle Mitigation Site INSTRUMENT MODIFICATION Neu -Con Umbrella Bank 4 July 2016 2.4 Consultant Qualifications For more than eighty years, WK Dickson has been providing engineering and consulting services throughout the southeastern United States. WK Dickson is an innovative, diversified organization of 108 professionals serving the total planning and design needs of their clients. WK Dickson has built a reputation of superior client satisfaction, technical competence, innovation, and integrity. WK Dickson has over ten years of experience with regional stream and wetland mitigation programs. They have participated in a variety of projects related to stream and wetland assessments and mitigation. WK Dickson also has project experience with NC buffer rules, buffer mitigation, and nutrient uptake mitigation. In total, WK Dickson has completed over 16 stream and wetland mitigation projects in North Carolina, and is currently implementing and designing mitigation projects in North Carolina, South Carolina, and Virginia. 3 EXISTING CONDITIONS 3.1 Existing Jurisdictional Waters of the U.S. Detailed wetland delineation has not been performed. The Site will be delineated and approved by the USACE during the decision phase of the project. The stream channels were classified using North Carolina Division of Water Resources methodology. 3.2 Soil Survey 3.2.1 General Soil Characteristics The Site is located in the Rolling Coastal Plains Physiographic Province. Existing soil information from the Natural Resource Conservation Service (MRCS) shows the property is located within the Rains - Goldsboro -Lynchburg soil association. This association is found on nearly level and gently sloping well drained to poorly drained soils on uplands of the Coastal Plain region. This soil association is located on broad level interstream areas that are relatively undissected by streams (Figure 5). 3.2.2 Site Mapped Soil Series Site soils are mapped by the NRCS as Cecil, Goldsboro, Lynchburg, Rains and Wehadkee on the low lying depressions and floodplains at the project Site. Goldsboro, Lynchburg, Rains, and Wehadkee soils are generally poorly drained sandy loam to loamy soils and range from 0 to 2 percent slopes. Cecil loam is a well -drained soil normally located on 6 to 10 percent slopes. Goldsboro, Lynchburg, Rains, and Wehadkee soils are listed on the NRCS hydric soil list as hydric or having hydric inclusions. The surrounding upland soils are mapped as Applying -Marlboro complex and Pacolet. Applying - Marlboro soils are well drained and have moderate permeability. The Pacolet soil is well drained and has moderate permeability. This soil type is generally found on slopes ranging from 10 to 15 percent. 3.3 Endangered/Threatened Species Plants and animals with a federal classification of endangered or threatened are protected under provisions of Sections 7 and 9 of the Endangered Species Act of 1973, as amended. The US Fish and Uzzle Mitigation Site INSTRUMENT MODIFICATION Neu -Con Umbrella Bank 5 July 2016 Wildlife Service (USFWS) database (accessed 23 October 2015) lists four endangered species for Johnston County, North Carolina: Red -cockaded woodpecker (Picoides borealis), Tar River spinymussel (Elliptio steinstansana), Dwarf wedgemussel (Alasmidonta heterodon) and Michaux's sumac (Rhus michauxii). No protected species or potential habitat for protected species was observed during preliminary site evaluations. In addition to the USFWS database, the NC Natural Heritage Program (NHP) GIS database was consulted to determine whether previously cataloged occurrences of protected species are mapped within one mile of the project Site. Results from NHP indicated that there is one known occurrence within a one -mile radius of the project area. Based on initial site investigations, no impacts to federally protected species are anticipated as a result of the proposed project. The environmental screening phase of the project will include USFWS coordination to confirm these findings. Table 2. Federally Protected Species in Johnston County Common Name Scientific name Federal Status Habitat Present Record Status Vertebrate: Red -cockaded woodpecker Picoides borealis E No Current Invertebrate: Tar River spinymussel Elliptio steinstansana E No Current Dwarf wed emussel Alasmidonta heterodon E No Current Vascular Plant: Michaux's Sumac Rhus Michauxii E No Current 3.4 Vegetation and Wildlife Current land use around the project is primarily pasture and forested livestock grazing, CAFO, commercial property, maintained easement, and divided four -lane highway are also present in the immediate project vicinity. Forested riparian areas are grazed by cattle and lack a well-developed understory. These areas most closely resemble an interface between a Piedmont bottomland hardwood forest and Coastal Plain small stream swamp. These areas are typically dominated by hardwoods and contain well developed mid -tier and shrub strata. However, due to livestock grazing and soil compaction, the Uzzle Site largely lacks a shrub stratum. Canopy species include loblolly pine (Pinus taeda), red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), and willow oak (Quercus phellos). Sub -canopy species include red cedar (Juniperus virginaiana) and American holly (Ilex opaca). Some exotics were noted, including Chinese privet, Nepalese browntop (Microstegium vimineum), and Japanese honeysuckle (Lonicera japonica). Chinese privet and Nepalese browntop are widespread and locally dense. National Wetland Inventory (NWI) mapping depicts wetlands throughout the project area (Figure 6). During the initial evaluation, riparian wetlands were identified but are not present throughout the entire easement area. All potential wetland areas in the project corridor will be delineated during the mitigation plan phase of the project. Uzzle Mitigation Site INSTRUMENT MODIFICATION Neu -Con Umbrella Bank 6 July 2016 3.5 Cultural Resources A review of North Carolina State Historic Preservation Office (SHPO) GIS Web Service (accessed 11 May 2016) database did not reveal any listed or potentially eligible historic or archeological resources on the proposed project area. The environmental screening phase of the project will include SHPO coordination to confirm these findings. 3.6 Constraints One proposed crossing will be constructed for landowner access in a 30 -foot wide easement break. The crossing will utilize appropriate sized culverts and floodplain culverts (if needed) and be fenced and gated to prevent livestock access to the stream channel. The Site is located within five miles of Johnston County Airport, a General Aviation airport. The Site is not located on the extended runway centerline (approach) and will not interfere with any airspace exclusion zones. RES will coordinate with Johnston County Airport Authority to ensure potential conflicts are eliminated or minimized. Two parallel gas line easements are located to the west of the project. The proposed conservation easement will not be impacted by the gas easement but may limit buffer width in some areas. If feasible and appropriate, the design will adjust the planform of the channel to provide a minimum 50 -foot buffer width in all areas. Little Poplar Creek within the project area is mapped as a FEMA I00 -year floodplain (Figure 7). RES and WK Dickson Project Engineer will conduct a FEMA flood study to either obtain a No -Rise Certification or CLOMR/LOMR from the Johnston County floodplain administrator. Construction access is slightly constrained in some areas by existing mature hardwood vegetation. A tree survey will be conducted to design the mitigation measures and access to 4 PROPOSED BANK CONDITIONS 4.1 Conceptual Mitigation Plan The proposed Site will provide numerous ecological and water quality benefits within the Neuse River Basin. These benefits are not limited to the project area, but have more far-reaching effects throughout the Poplar Creek sub -watershed and Neuse River. The Uzzle Mitigation Site presents the opportunity to provide up to 4,464 stream mitigation units. These will be derived from Restoration, Enhancement Level I, and Enhancement Level II. Table 3 details the mitigation types and SMUs generated per reach. The proposed conceptual design plan is shown in Figure 7. Uzzle Mitigation Site INSTRUMENT MODIFICATION Neu -Con Umbrella Bank 7 July 2016 Table 3. Proposed Mitigation Summary Reach ID Stream Classification Mitigation Type Linear Feet Ratio Buffer Multiplier SMUs LP 1 Perennial Restoration 535 1 to 1 1.10 588 LP 2 Perennial Enhancement I 1,630 1.5 to 1 1.14 1,234 LP 3 Intermittent Enhancement 1 126 1.5 to 1 1.20 101 LP 4 Perennial Restoration 409 1 to 1 1.12 456 LP 5 Perennial Enhancement 2,453 1.5 to 1 1.10 1,790 LP 6 Intermittent Enhancement 11 438 2.5 to 1 1.00 175 LP 7 Perennial Enhancement 11 263 2.5 to 1 1.14 120 Total Linear Feet: 5,854 Total SMUs: 4,464 4.1.1 Project Development Proposed mitigation for the Site involves Restoration, Enhancement Level I, and Enhancement Level II. The stream system is situated on Little Poplar Creek and drains south into Little Polar Creek. Current stream conditions along the proposed restoration reaches demonstrate significant habitat degradation as a result of impacts from livestock, historic land uses, and watershed scale land use transition. The proposed mitigation approach is based on preliminary data collected, functional considerations, and generally accepted practices in North Carolina. Over ten cross sections were measured across the Site to assess the stability of the stream bed and banks. Photographs were taken at all cross sections and at selected locations throughout the Site to record general site conditions, including vegetation, stability, and water quality issues. A key design consideration is the anticipated development of the Site watershed. Located between Raleigh and Smithfield, this area is expected to undergo dramatic residential and commercial development in the immediate future. The Site is already impacted by stormwater from US Hwy 70 and adjacent commercial enterprises. All restoration and enhancement practices will be designed and implemented to accommodate future flow conditions. Restoration reaches will typically include a meandering and branching stream pattern constructed to mimic the natural planform of a low -gradient, sand/gravel bed channel. Proposed sinuosity will depend on local reference reach conditions and hydrologic and hydraulic modeling. As a result of the restoration of planform and dimension, periodic flooding and restored riparian buffer will provide the appropriate hydrology and sediment transport throughout this watershed (mitigation ratio 1:1). Enhancement Level I will include adjustments to the cross-sectional area of the existing channel and floodplain; as well as installation of wood and rock structures to adjust and enhance bedform (mitigation ratio 1.5:1). Enhancement Level II treatments include livestock exclusion and bank stabilization (mitigation ratio 2.5:1). Invasive species treatment will occur throughout the easement area as needed. 4.1.2 Stream Restoration and Enhancement Stream restoration efforts will be accomplished through analyses of geomorphic conditions and watershed characteristics. The design approach will apply a combination of analytical and reference reach based Uzzle Mitigation Site INSTRUMENT MODIFICATION Neu -Con Umbrella Bank 8 July 2016 design methods that meet objectives commensurate with both ecological and geomorphic improvements. Proposed treatment activities may range from minor bank grading and planting to re-establishing stable planform and hydraulic geometry. For reaches requiring full restoration or extensive enhancement, natural design concepts will be applied and verified through rigorous engineering analyses and modeling. The objective of this approach is to design a geomorphically stable channel that provides habitat improvements and ties into the existing landscape. The Site design approach will begin with a thorough study of existing conditions, including the on-site streams and ditches, valleys, and watershed. Design parameters, including active channel, habitat and floodplain features will be developed from analysis of suitable reference streams. Analytical design techniques will be an important element of the project, and will be used to determine the design discharge and to verify the design as a whole. Engineering analysis will be performed using various hydrologic and hydraulic models to verify the reference reach -based design. A combination of methods, including HEC -HMS, Hydraflow Hydrographs, and flood frequency analysis, will be used to calculate flows received by the channel for bankfull and other significant storm events. A HEC -RAS model will then be used to simulate water surface elevations of flows generated by the hydrologic analysis. The development of the HEC models is an important component to the design; therefore, model input parameters are field verified when possible. Through this hydrologic analysis, the design discharge (typically referenced as bankfull or dominant discharge) will be determined. The subsequent design will be based on this calculated discharge. Design parameters developed through the analyses of reference reach data and hydrologic and hydraulic modeling will be confirmed using the Stable Channel Design function and/or the Sediment Transport Analysis components within HEC -RAS. Engineering analyses are performed concurrently with geomorphic and habitat studies. While stream design will be verified by simulations of hydrology and fluvial processes, analogs of desirable habitat features will be derived from reference sites and integrated into the project design. Both in -stream and riparian habitat features will be designed. In -stream structures such as root wads, log structures, and cross weirs will be used throughout the project to act as grade control and for bank stabilization by dissipating and redirecting the stream's energy. Bank stability may be further enhanced through the installation of brush mattresses and cuttings bundles consisting of species such as black willow (Salix nigra) and silky dogwood (Cornus amomum). In -stream habitat is highly dependent on available cover and organic material. A quantitative habitat assessment method will be used to measure type, location, and quantity of habitat in the reference streams. During design, the habitat assessment results will be scaled appropriately to the design parameters such that the quantity and placement of the habitat features along the restored channel will mimic reference conditions. This process provides a natural channel design that addresses aquatic function improvements in addition to stability. Stream banks will be stabilized using a combination of grading, erosion control matting, plantings, native material revetment techniques (i.e., bioengineering), and structure placement. The stream and adjacent riparian areas will be protected by a minimum 50 -foot permanent conservation easement which will be fenced to exclude livestock as needed. In most areas the riparian buffer width will exceed 100 feet on each bank. Uzzle Mitigation Site INSTRUMENT MODIFICATION Neu -Con Umbrella Bank 9 July 2016 The individual Reach Worksheets provide specific attributes for each reach and rationale for proposed interventions. Uzzle Mitigation Site INSTRUMENT MODIFICATION Neu -Con Umbrella Bank 10 July 2016 Project Name: Uzzle Mitigation Type: Restoration Reach Length: 535 Reach ID: LP1 Mitigation Ratio: 1.0 : 1 Buffer Multiplier: 1.10 SMU Yield: 588 Reach Data Hydrology: Perennial Bank Height: 2.1 ft. Channel Class. Score: 38.5 Drainage Area: 1,266 Ac. Channel Width: 10 ft. Channel Habitat Score: 53 Measured XS Area: 19 ftz Bank Angle: 800 LB Buffer Width: >100 Regional Curve XS Area: 22.8 ft' Bed Material: Sand/Gravel RB Buffer Width: >100 Watershed Conditions Impairments 17 Sediment P Nutrients I++ Riparian Buffer P1 Biological Y Hydrological Function Stability W Instream Habitat WO Terrestrial Habitat Conservation Areas: No Notes: Rare Species: No Notes: Kidney Sedge (Carex reniformis) historically mapped 1.5 miles away (NHP 1949 Water Supply: Yes LWP Area: No RWP Area: Yes Reach Conditions 77--71 Percent Active Bank Erosion: >70 1 Percent Channel Incision: 30-70 On -Site Water Quality/Habitat Stressors W Livestock Fvo Stormwater W CAFO r Maintained Vegetation )—Tiles/Ditches F Row Crops W Impervious Surfaces IO Invasive Species Channelization r– Impoundment IW Debris/Trash Aquatic Passage Land Use Impacts Functional Condition Constraints Nutrient: High Hydrologic: Moderate FEMA Floodplain: Yes Sediment: High Geomorphic: Low Utilities: No Stormwater: Moderate Physiochemical: Low Crossings: No Habitat: Low Wetlands: Yes Design Notes: Reach LPI flows in a southerly direction from the triple box culvert under HWY 70 into Reach LP2. The existing channel makes a 90 degree turn to the west approximately 50' downstream of the culvert. Due to the close proximity of this bend to the culvert, storm flows are actively cutting a new channel immediately south and in alignment with the crossing. Bank erosion is moderate to severe due to storm flows and cattle access. The riparian buffer is in fair condition and is a mix of pines, hardwoods and disturbed understory. Restoration activities will include abandoning and filling the existing channel and constructing a multi -thread system such that the floodplain is regularly inundated. The proposed primary channel will be sized to handle existing conditions hydrology, while the proposed side channels will be sized to convey rainfall events exceeding the 1.5 -year storm and to handle increased flows from future watershed conditions. The proposed channel will be moved to the center of the valley, and the upstream end will be realigned such that the channel is in-line with the culvert under HWY 70. Instream structures such as rock and log grade controls, rock and brush toes, and woody debris will be installed for vertical and lateral stability and to improve habitat. Restoration of the channel and livestock exclusion will reduce sediment loads to downstream reaches resulting from hoof shear and erosive flows. . � h • � � � ) IL i.µ. i, in a Uzzle Mitigation Site INSTRUMENT MODIFICATION Neu -Con Umbrella Bank 11 July 2016 Project Name: Uzzle Mitigation Type: Enhancement I Reach Length: 1,630 Reach ID: LP2 Mitigation Ratio: 1.5 : 1 Buffer Multiplier: 1.14 SMU Yield: 1,234 Reach Data Hydrology: Perennial Bank Height: 2.5 ft. Channel Class. Score: 39 Drainage Area: 1,346 Ac. Channel Width: 10 ft. Channel Habitat Score: 63 Measured XS Area: 23 ft2 Bank Angle: 700 LB Buffer Width: >100 Regional Curve XS Area: 23.7 ft2 Bed Material: Sand/Gravel RB Buffer Width: >100 Watershed Conditions Impairments V Sediment ry Nutrients W Riparian Buffer ry-1 Biological Hydrological Function r Stability ty-1 Instream Habitat V Terrestrial Habitat Conservation Areas: No Notes: Ra reSpecies: No Notes: Kidney Sedge (Carex reniformis) historically mapped 1.5 miles away (NHP 1949 Water Supply: Yes LWP Area: No RWP Area: Yes Reach Conditions Percent Active Bank Erosion: 30-70 1 Percent Channel Incision: 30-70 On -Site Water Quality/Habitat Stressors r Livestock r Stormwater h CAFO Maintained Vegetation • Tiles/Ditches r– Row Crops 7 Impervious Surfaces Invasive Species • Channelization r Impoundment r Debris/Trash r Aquatic Passage Land Use Impacts Functional Condition Constraints Nutrient: High Hydrologic: Moderate FEMA Floodplain: Yes Sediment: High Geomorphic: Low Utilities: No Stormwater: Moderate Physiochemical: Low Crossings: No Habitat: Moderate Wetlands: Yes Design Notes: Reach LP2 begins downstream of the confluence of the newly cutand existing channels of LPI and flows south through a wide valley with adjacent wetlands. The channel is vertically stable, but has over widened in some locations. Thebanks are irregularly shaped throughout due to hoof shear and cattle access. The riparian buffer is in fair condition and is a mix of pines, hardwoods and disturbed understory. Enhancement activities will include bank grading and stabilization, installation of log grade control structures, single wing deflectors, engineered debris jams, live stakes, and livestock exclusion. Side channels will be constructed within the fl ood pl a i n adjacentto LP2 and will be will besized to convey rainfall events exceeding the 1.5 -year storm and to handle increased flows from future watershed conditions. Livestock fencing will follow current NRCS specifications. Stabilization through instream structures and bank treatments will enhance hydrologic physiochemical functions and reduce sediment loads to downstream channels. r, '� r{�. 1 i a �A 3. Uzzle Mitigation Site INSTRUMENT MODIFICATION Neu -Con Umbrella Bank 12 July 2016 Project Name: Uzzle Mitigation Type: Enhancement I Reach Length: 126 Reach ID: LP3 Mitigation Ratio: 1.5 : 1 Buffer Multiplier: 1.20 SMU Yield: 101 Reach Data Hydrology: Intermittent Bank Height: 2.5 ft. Channel Class. Score: 22.5 Drainage Area: 26.4 Ac. Channel Width: 8ft. Channel Habitat Score: 63 Measured XS Area: 15.0 ftz Bank Angle: 700 LB Buffer Width: >100 Regional Curve XS Area: 1.8 ftz Bed Material: Sand/Gravel RB Buffer Width: 50-100 Watershed Conditions Impairments ry-1 Sediment ry-O Nutrients ry Riparian Buffer tv_� Biological lr Hydrological Function r Stability W Instream Habitat rv_� Terrestrial Habitat Conservation Areas: No Notes: Rare Species: No Notes: Kidney Sedge (Carex reniformis) historically mapped 1.5 miles away (NHP 1949 Water Supply: Yes LWP Area: No RWP Area: Yes Reach Conditions Percent Active Bank Erosion: 30-70 1 Percent Channel Incision: 30-70 On -Site Water Quality/Habitat Stressors Wo Livestock F4_0 Stormwater rv_� CAFO ry-1 Maintained Vegetation r Tiles/Ditches F_ Row Crops rv_� Impervious Surfaces rv_� Invasive Species W Channelization F Impoundment V Debris/Trash Aquatic Passage Land Use Impacts Functional Condition Constraints Nutrient: High Hydrologic: Low FEMA Floodplain: Yes Sediment: High Geomorphic: Low Utilities: Yes Stormwater: Moderate Physiochemical: Low Crossings: No Habitat: Low Wetlands: Yes Design Notes: Reach LP3 is an intermittent channel beginning atthe existinggas line easement that flows in an easterly direction into the main projectchannel (LP2/LP4). The reach receives flowfrom a ditch and BMP system that drains the adjacent auto auction lot. The reach exhibits moderateto severe erosion and incision throughout and is significantly oversized. Enhancement activities will include minimal bank grading and stabilization, installation of grade control structures to increase channel bed elevations and providevertical stability, and livestock exclusion. Livestock fencing will follow current NRCS specifications. An agricultural BMP will be installed atthe upper end ofthe reach adjacentto the utility easementto provide sediment control and flow attenuation from the adjacent property. s r a � y _ N SII _ 'r yam• � ._: i,- k�l �, y, . Ia Uzzle Mitigation Site INSTRUMENT MODIFICATION Neu -Con Umbrella Bank 13 July 2016 Project Name: Uzzle Mitigation Type: Restoration Reach Length: 409 Reach ID: LP4 Mitigation Ratio: 1.0 :1 Buffer Multiplier: 1.12 SMU Yield: 456 Reach Data Hydrology: Perennial Bank Height: 2.0 ft. Channel Class. Score: 41.5 Drainage Area: 1,388 Ac. Channel Width: 10.0 ft. Channel Habitat Score: 53 Measured XS Area: 22.0 ftz Bank Angle: 700 LB Buffer Width: >100 Regional Curve XS Area: 24.2 ftz Bed Material: Sand/Gravel RB Buffer Width: 50-100 Watershed Conditions Impairments I✓ Sediment r Nutrients Riparian Buffer r Biological Hydrological Function r Stability Instream Habitat r Terrestrial Habitat Conservation Areas: No Notes: Rare Species: No Notes: Kidney Sedge (Carex reniformis) historically mapped 1.5 miles away (NHP 1949 Water Supply: Yes LWP Area: No RWP Area: Yes Reach Conditions Percent Active Bank Erosion: >70 1 Percent Channel Incision: 30-70 On-Site Water Quality/Habitat Stressors Ir Livestock r Stormwater r CAFO r Maintained Vegetation 7 Tiles/Ditches r— Row Crops r Impervious Surfaces r Invasive Species Channelization r Impoundment r Debris/Trash Aquatic Passage Land Use Impacts Functional Condition Constraints Nutrient: High Hydrologic: Moderate FEMA Floodplai n: Yes Sediment: High Geomorphic: Low Utilities: No Stormwater: Moderate Physiochemical: Moderate Crossings: Yes Habitat: Low Wetlands: Yes Design Notes: Reach LP4 begins at the confluence of LP2 and LP3 and is impacted by backwater resulting from a blockage located at a fence line crossing approximately 300' downstream. This portion of the channel is located along the eastern edge of the valley and exhibits bank erosion for approximately 100' downstream of the blockage. The riparian buffer is impacted by cattle but is in fair condition comprised of a mix of hardwoods and disturbed understory. Restoration activities will include constructing a multi-thread system with appropriate dimensions and pattern such that the floodplain is regularly inundated. The primary channel will be relocated to the center of the valley and sized to handle existing conditions hydrology, while the proposed side channels will be sized to convey rainfall events exceeding the 1.5-year storm and to handle increased flows from future watershed conditions. Instream structures such as log grade controls, brush toes, and woody debris will be installed for vertical and lateral stability and to improve habitat. Restoration of the channel will reduce sediment loads to downstream reaches by stabilizing eroding banks. X- Uzzle Mitigation Site INSTRUMENT MODIFICATION Neu -Con Umbrella Bank 14 July 2016 Project Name: Uzzle Mitigation Type: Enhancement I Reach Length: 2,453 Reach ID: LP5 Mitigation Ratio: 1.5 : 1 Buffer Multiplier: 1.10 SMU Yield: 1,790 Reach Data Hydrology: Perennial Bank Height: 2.25 ft. Channel Class. Score: 41.5 Drainage Area: 1,535 Ac. Channel Width: 13.0 ft. Channel Habitat Score: 67 Measured XS Area: 25.9 ftz Bank Angle: 700 LB Buffer Width: 1100 Regional CurveXSArea: 25.9 ft' Bed Material: Sand/Gravel RB Buffer Width: 50-100 Watershed Conditions Impairments r,/— Sediment r Nutrients r%O— Riparian Buffer r Biological 7 Hydrological Function r Stability r Instream Habitat r Terrestrial Habitat Conservation Areas: No Notes: Rare Species: No Notes: Kidney Sedge (Carex reniformis) historically mapped 1.5 miles away (NHP 1949 Water Supply: Yes LWP Area: No RWP Area: Yes Reach Conditions Percent Active Bank Erosion: 30-70 1 Percent Channel Incision: 30-70 On-Site Water Quality/Habitat Stressors IW Livestock r Stormwater r CAFO r Maintained Vegetation F_ Tiles/Ditches r Row Crops r Impervious Surfaces r Invasive Species F%O_ Channelization r— Impoundment r Debris/Trash r Aquatic Passage Land Use Impacts Functional Condition Constraints Nutrient: High H drolo ic: Moderate FEMA Floodplain: Yes Sediment: High Geomorphic: Low Utilities: Yes Stormwater: Moderate Physiochemical: Moderate Crossings:1 Yes Habitat: Moderate Wetlands:1 Yes Design Notes: Reach LPS begins downstream of Reach LP4 and flows in a southerly direction. The channel is vertically stable, but is laterally unstable in some locations where the channel has over-widened. The banks are irregularly shaped throughout dueto hoof shear and cattle access, and the upper segment of the reach is split into two parallel channels. The riparian buffer is in fair condition and is a mix of hardwoods and disturbed understory. However, there is an approximate 200' section where the buffer is equal to or less than 50' dueto encroachment from the parallel gas line easement. Enhancement activities will include bank grading and stabilization, installation of log grade control structures, single wing deflectors, engineered debris jams, live stakes, and livestock exclusion. Side channels will be constructed within thefloodplain adjacentto LP5 and will be will be sized to convey rainfall events exceeding the 1.5-year storm and to handle increased flows from future watershed conditions. Livestock fencing will follow current NRCS specifications. A 60' easement break and culvert crossing is proposed at the upstream end atthe reach break with LP4. Stabilization through instream structures and bank treatments will enhance hydrologic function and reduce sediment loads to downstream channels. The encroached channel segment will be relocated to provide a full minimum 50' buffer from the gas line easement. � r o: 'f l' t Uzzle Mitigation Site INSTRUMENT MODIFICATION Neu -Con Umbrella Bank 15 July 2016 Project Name: Uzzle Mitigation Type: Enhancement II Reach Length: 438 Reach ID: LP6 Mitigation Ratio: 2.5 : 1 Buffer Multiplier: 1.00 SMU Yield: 175 Reach Data Hydrology: Intermittent Bank Height: 0.5 ft. Channel Class. Score: 25.5 Drainage Area: 90.4 Ac. Channel Width: 2.5 ft. Channel Habitat Score: 72 Measured XS Area: 3.0 ftz Bank Angle: 450 LB Buffer Width: 50-100 Regional CurveXSArea: 4.0ft2 Bed Materia l: Sand/Muck RB Buffer Width: 30-50 Watershed Conditions Impairments W Sediment ry—O Nutrients WO Riparian Buffer I-/ Biological F_ Hydrological Function I—V Stability r%_0 Instream Habitat W Terrestrial Habitat Conservation Areas: No Notes: Rare Species: No Notes: Kidney Sedge (Carex reniformis) historically mapped 1.5 miles away (NHP 1949 Water Supply: Yes LWP Area: No RWP Area: Yes Reach Conditions Percent Active Bank Erosion: <30 1 Percent Channel Incision: <30 On-Site Water Quality/Habitat Stressors ry_� Livestock r Stormwater I— CAFO 14� Maintained Vegetation r Tiles/Ditches Row Crops ry_� Impervious Surfaces Iy-1 Invasive Species )� Channelization )— Impoundment Iy—O Debris/Trash r Aquatic Passage Land Use Impacts Functional Condition Constraints Nutrient: Moderate Hydrologic: Moderate FEMA Floodplai n: Yes Sediment: Moderate Geomorphic: Low Utilities: Yes Stormwater: Moderate Physiochemical: Moderate Crossings: Yes Habitat: Low Wetlands: Yes Design Notes: Reach LP6 is an intermittent channel beginning at the existing gas line easement that flows in a southeasterly direction into the main project channel (LP5). The reach is relatively stable, but does lack well defined bed and banks in some areas due to cattle trampling. Enhancement/stabilization activities will include livestock exclusion, minimal bank grading, and installation of log and/or habitat structures. Invasive species control will be performed through outthe riparian corridor to treat privet. Stabilization through livestock exclusion, habitat structures and bank treatments will enhance hydrologic function and reduce sediment loads to downstream channels. r r r f � 4 Uzzle Mitigation Site INSTRUMENT MODIFICATION Neu -Con Umbrella Bank 16 July 2016 Project Name: UZZIe Mitigation Type: Enhancement II Reach Length: 263 Reach ID: LP7 Mitigation Ratio: 2.5 :1 Buffer Multiplier: 1.14 SMU Yield: 120 Reach Data Hydrology: Perennial Bank Height: 2.25 ft. Channel Class. Score: 41.5 Drainage Area: 1,555 Ac. Channel Width: 13.0 ft. Channel Habitat Score: 74 Measured XS Area: 25.9 ft Bank Angle: 700 LB Buffer Width: 50-100 Regional Curve XS Area: 26.1 ftz Bed Material: Sand/Gravel RB Buffer Width: >100 Watershed Conditions Impairments P Sediment Nutrients r Riparian Buffer r Biological r Hydrological Function r Stability r Instream Habitat r Terrestrial Habitat Conservation Areas: No Notes: Rare Species: No Notes: Kidney Sedge (Carex reniformis) historically mapped 1.5 miles away (NHP 1949) Water Supply: Yes LWP Area: No RWP Area: Yes Reach Conditions Percent Active Bank Erosion: <30 1 Percent Channel Incision: <30 On-Site Water Quality/Habitat Stressors r Livestock r Stormwater r CAFO r Maintained Vegetation r Tiles/Ditches Row Crops r Impervious Surfaces r Invasive Species r Channelization Impoundment r Debris/Trash Aquatic Passage Land Use Impacts Functional Condition Constraints Nutrient: Moderate Hydrologic: Moderate FEMA Floodplain: Yes Sediment: Moderate Geomorphic: Moderate Utilities: No Stormwater: Moderate Physiochemical: Moderate Crossings: No Habitat: Moderate Wetlands: Yes Design Notes: Reach LP7 begins approximately 250' upstream of the downstream limits of the project and flows in an easterly direction. This reach is impacted by backwater resulting from beaver activity downstream of the proposed project. The riparian buffer is impacted by cattle but is in fair condition and is comprised of a mix of hardwoods and disturbed understory. Reach LP7 enhancement/stabilization activities will include livestock exclusion, minimal bank grading, and invasive species treatment. Stabilization through minor bank grading and cattle exclusion will enhance hydrologic function and reduce sediment loads to downstream channels. PL ' M x f s . 6 e r:4 _ y Uzzle Mitigation Site INSTRUMENT MODIFICATION Neu -Con Umbrella Bank 17 July 2016 4.1.3 Monitoring The success criteria for the Uzzle Site will follow current accepted and approved success criteria presented in the USACE Stream Mitigation Guidelines, DMS requirements, and subsequent agency guidance. The As -Built Baseline Monitoring Report will follow February 2014 template. Annual monitoring reports will follow the template adopted April 2015. The Closeout Document will use version 2.1 adopted February 2014. Specific success criteria components are presented below. Monitoring reports will be prepared annually and submitted to DMS. 4.1.3.1 As -Built Survey An as -built survey will be conducted immediately following construction to document channel platform, profile, and dimension. The survey will include a complete profile of thalweg, water surface, bankfull, and top of bank to compare with future geomorphic data. Longitudinal profiles will not be required in annual monitoring reports unless requested by DMS or USACE. 4.1.3.2 Visual Monitoring Visual monitoring of all mitigation areas will be conducted a minimum of twice per monitoring year by qualified individuals. A Current Conditions Plan View (CCPV) and associated tables will be submitted every monitoring year in the annual monitoring report. The Current Condition Plan View (CCPV) provides the spatial distributions and qualitative performance ratings for certain monitoring features. Visual assessments will include vegetation density, vigor, invasive species, and easement encroachments. Visual assessments of stream stability will include a complete stream walk and structure inspection. Digital images will be recorded at fixed representative locations during each monitoring event, as well as at any noted problem areas or areas of concern. Results of visual monitoring will be presented in a plan view exhibit with a brief description of problem areas and digital images. Photographs will be used to subjectively evaluate channel aggradation or degradation, bank erosion, success of riparian vegetation and effectiveness of erosion control measures. Longitudinal photos should indicate the absence of developing bars within the channel or an excessive increase in channel depth. Lateral photos should not indicate excessive erosion or continuing degradation of the banks over time. A series of photos over time should indicate successional maturation of riparian vegetation. 4.1.3.3 Cross Sections Permanent cross sections will be installed at a minimum of one per 20 bankfull widths with half in pools and half in riffles on all reaches that include restoration or significant channel stabilization. If present, constructed flood plain channels will be included in cross section surveys. All cross section measurements will include bank height ratio and entrenchment ratio. There should be minimal changes in the annual monitoring cross sections from the as -built cross-sections. If changes do take place, they will be evaluated to determine if they represent a movement toward a less stable condition (for example down -cutting or erosion), or are minor changes that represent an increase in stability (for example settling, vegetative changes, deposition along the banks, or decrease in width/depth ratio). Channel stability should be demonstrated through a minimum of two bankfull events documented in the seven- year monitoring period. Cross section surveys will occur in monitoring Years 1, 2, 3, 5, and 7. Uzzle Mitigation Site INSTRUMENT MODIFICATION Neu -Con Umbrella Bank 18 July 2016 4.1.3.4 Vegetative Success Criteria Specific and measurable success criteria for plant density within the riparian buffers on the Site will follow DMS Guidance dated February 2014. The following data will be recorded for all trees/shrubs in the plots: species, height, and planting date (or volunteer). Vegetation monitoring will occur in Years 1, 2, 3, 5, and 7. The interim measures of vegetative success for the Site will be the presence of at least 320 three-year or older trees/shrubs per acre at the end of Year 3, and 260 five-year or older trees/shrubs per acre at the end of Year 5. The final vegetative success criteria will be the survival of 210 seven-year-old or older trees/shrubs per acre at the end of Year 7 of the monitoring period. Invasive and noxious species will be monitored and controlled so that none become dominant or alter the desired community structure of the Site. If necessary, RES will develop a species-specific control plan. 4.1.3.1 Adaptive Management The Mitigation Plan will include a detailed adaptive management plan that will address how potential problems are resolved. In the event that the Site, or a specific component of the Site, fails to achieve the defined success criteria, RES will develop necessary adaptive management plans and/or implement appropriate remedial actions for the site in coordination with DMS and the review agencies. Remedial actions will be designed to achieve the success criteria specified previously, and will include identification of the causes of failure, remedial design approach, work schedule, and monitoring criteria that will take into account physical and climatic conditions. 5 BANK ESTABLISHMENT AND OPERATION 5.1 Establishment and Operation of the Bank This Bank Parcel shall be established under the terms and conditions of the Neu -Con Umbrella Mitigation Bank made and entered into by and among EBX-Neuse I, LLC, and the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the National Marine Fisheries Services, the North Carolina Department of the Environment and Natural Resources, the North Carolina Division of Water Resources, and the North Carolina Wildlife Resources Commission, collectively, the Mitigation Banking Review Team. 5.2 Proposed Credit Release Schedule All credit releases will be based on the total credit generated as reported by the as -built survey of the Mitigation Site. The pre -construction credit release (15 percent) will be based on the credit total in the Final Mitigation Plan. The second credit release will be based on the As -Built survey, and will adjust the total released credits based on the actual constructed channel lengths. Under no circumstances shall any mitigation project be debited until the necessary DA authorization has been received for its construction or the District Engineer (DE) has otherwise provided written approval for the project in the case where no DA authorization is required for construction of the mitigation project. The DE, in consultation with the Interagency Review Team (IRT), will determine if performance standards have been satisfied sufficiently to meet the requirements of the release schedule below. In cases where some performance standards have not been met, credits may still be released depending on the specifics of the case. At the direction of the DE, in consultation with the IRT, monitoring may be required to be extended, depending on the extent to Uzzle Mitigation Site INSTRUMENT MODIFICATION Neu -Con Umbrella Bank 19 July 2016 which the site fails to meet the specified performance standard. The release of project credits will be subject to the criteria described in Table 4. Table 4. Credit Release Schedule Release Credit Release Activity Interim Total Released Milestone Release Site Establishment (includes all required criteria 15% 15% 1 stated above) Baseline Monitoring Report and As -built Survey 15% 30% 2 First year monitoring report demonstrates 10% 40% 3 performance standards are being met. Second year monitoring report demonstrates 10/° ° 50% 4 performance standards are being met. (60%**) Third year monitoring report demonstrates ° 10 /° 60% 5 performance standards are being met. ° * (70 /o ) 6 Fourth year monitoring report demonstrates ° 5 /° 65% performance standards are being met. (80%**) Fifth year monitoring report demonstrates 75% 7 performance standards are being met. ° 10 /° ° ** (85 /o ) 8 Sixth year monitoring report demonstrates ° 5 /° 80% performance standards are being met. (90%**) Seventh year monitoring report demonstrates 90% 9 performance standards are being met, and project 10% has received close-out approval. (100%**) * *10% reserve of credits to be held back until the bankf ill event performance standard has been met. 5.2.1 Initial Allocation of Released Credits The initial allocation of released credits, as specified in the mitigation plan can be released by the IRT with written approval of the DE upon satisfactory completion of the following activities: 1. Approval of instrument modification by the DE, in consultation with the IRT; 2. Approval of a final Mitigation Plan; Uzzle Mitigation Site INSTRUMENT MODIFICATION Neu -Con Umbrella Bank 20 July 2016 3. Confirmation that the Bank site has been secured; 4. Delivery of executed financial assurances as specified in the Mitigation Plan; 5. Delivery of a copy of the recorded long-term protection mechanism as described in the Mitigation Plan, as well as a title opinion covering the property acceptable to the DE; and 6. Issuance of any DA permits necessary for construction of the Bank site (if necessary). 5.2.2 Subsequent Credit Releases The second credit release will occur after the completion of implementation of the Mitigation Plan and submittal of the Baseline Monitoring Report and As -built Survey. All subsequent credit releases must be approved by the DE, in consultation with the IRT, based on a determination that required performance standards have been achieved. As projects approach milestones associated with credit release, the Sponsor will submit a request for credit release to the DE along with documentation substantiating achievement of criteria required for release to occur. This documentation will be included with the annual monitoring report. 5.3 Financial Assurances The Sponsor shall provide financial assurances in the form of a Performance Bond to the IRT sufficient to assure completion of all mitigation work, required reporting and monitoring, and any remedial work required. Financial assurances shall be payable at the direction of the USACE to his designee or to a standby trust. Financial assurances structured to provide funds to the USACE in the event of default by the Bank Sponsor are not acceptable. A financial assurance must be in the form that ensures that the USACE receives notification at least 120 days in advance of any termination or revocation. 5.4 Proposed Ownership and Long -Term Management EBX-Neuse I (an entity of RES) has acquired an Agreement for Purchase and Sale of Easement from the landowner along the three parcels that comprise the proposed project. Table 1 summarizes the landowner, agreement date, and agreement expiration date. The Agreement allows EBX-Neuse I to acquire a permanent conservation easement on behalf of the State of North Carolina on a portion of the Site, which is needed for the Restoration Plan. EBX-Neuse I is prepared to convey an easement to the State, per the requirements of the RFP, on the acreage necessary to achieve the restoration objectives outlined in the restoration plan. 5.5 Assurance of Water Rights Sufficient water rights exist to support the long-term sustainability of the site, as there are no "severed" rights on the property. Uzzle Mitigation Site INSTRUMENT MODIFICATION Neu -Con Umbrella Bank 21 July 2016 -ti aw � f 4 Uzzle Site Poplar Creek Site p, Meadow Spring Site Selma i r 5 field, V s OsM�wgy�����lF - Legend' • Proposed RES Sites51 Polecat Site © Airport - Easement - 5 Miles Aviation Zone Basemap Souce, .ice TLW 03020201100040 • ESRI World Street Map Baselayer� Natural Heritage Areas i+x1r. ` Natural Heritage Area Shapefile Source: Oak: NC Department of Environment and Natural Resources FigureDMS Watershed 4iWUzzel Mitigation Siteto . 4 �-' - f '+Lem ., " '� J -�' }� � "` �' � p~ - ��''y- "M• " .,` �•.. r ���� _ �� - — .. ala � ♦ � _ � �' +�. ,,� "�� 4-,,,�- � � �� f1h Ibh �� fi sf1, :•h'F 4 1�i' �hh 1� 1 r'.F�.. •+` 1�` ,�wl ,�� # f «^'} fir. .r���-ter• * �JAIr�►� 1��4 .A if #.* * • f i r 17 ' ; .ter•• �-.�€ � y ��d ✓ F S ! .'.I' + i 43 li ��- �,:, mom. ,�i3fl � �_�-y,� `�� i "� ``-�'--• ' ' Legend rte', Uzzle Site Drainage Area (1,354 Ac.) Proposed Uzzle Site Easement (26 Ac.) - Source: Wilsons Mills Quadrangle Figure 2. USGS Map Uzzle Mitigation Site +alit0 1,000 2,000 4,000 rnhFeet Legend Figure 3. Historical Aerial Photography Uzzie site Uzzle Mitigation Site Proposed Easement Feet res Parcels 0 Soo 1,000 2,000 1 in. = 1,000 ft. 0 -d� F .+rid t � t A ap* Uzzel Site Watershed Area: 1,354 Ac. Impervious Surface within Watershed: 131 Ac. sp�- _•l�' Watershed Imperviousness: 9.67% � 01 1 , Legend Uzzle Site Drainage Area - Impervious Surface est Orthoimagery Impervious Surtace`Source; aProposed Uzzle Site Easement : , 2011 MRLC�National Landcover Database s - Figure 4. Impervious Surface Map ires r��if1�•���i���Uzzle Mitigation +air 1 1,000 2,000 4,000 rr,'Feet �� Tn ,L Ra _ NoA AU Tn Ly Ua6 -—_.:T_ NobVVilsons-MilisCeC r aw NoB Ra Mc6 AmB K L CeC y Amb ' Ra '• Wt � Go � ,' PaD � Ra AmB •� zti �� Ra CeC Tn • Basemap�Source: NCmap L� te�st,Orthoimagery 1V Source: Johnston Count Soil Surve Y Y Soils Map Uzzle Site Uzzle Mitigation Site Proposed Easement 0 500 1,000 2,000 Hydric Soils Feet 1 in = 1,000 ft. Amb Appling-Marlboro complex, 1 to 6 percent slopes NoB Norfolk loamy sand, 2 to 6 percent slopes CeC Cecil loam, 6 to 10 percent slopes PaD Pacolet loam, 10 to 15 percent slopes GoA Goldsboro sandy loam, 0 to 2 percent slopes Ra Rains sandy loam, 0 to 2 percent slopes Ly Lynchburg sandy loam, 0 to 2 percent slopes Tn Toisnot loam, 0 to 2 percent slopes McB Marlboro -Cecil complex, 2 to 8 percent slopes UcB Uchee loamy coarse sand, 2 to 6 percent slopes NoA Norfolk loamy sand, 0 to 2 percent slopes Wt Wehadkee loam, 0 to 2 percent slopes, frequently flooded Legend Figure 5. P.UBH ._.. a Basemap Source; NC Onemap Latest Orthoimagery NWI Wetlands; U.S``Fish and Wildlife I� WI" all 1 K i f� Legend Uzzle Site Proposed _ Site Easement Parcels _ FEMA Zone AE - eN Detailed 100 -yr Floodplain Gasline Easement Tr - FEBasemaprSorrce: Esri�W�rld`Imagery 60 ft. Crossing MA National'Flood Hazard Layer FIRM Panel; 3720168600Jrt720167700J Figure 7. Constraints Map Uzzle Mitigation Site 0 250 500 1,000♦anl► rn�Feet WN Figure 8. Conceptual Design Map Uzzle Mitigation Site Peet res 500 1,000 1 in. = 500 ft. 0